Terms of Service
We provide our General Terms and Conditions (GTCs) and Service Level Agreements (SLAs) below. If you have any questions regarding our GTCs or SLAs, please feel free to contact us.
General Terms and Conditions
1. Scope of Application
These terms and conditions apply to the provision of the software by the licensor, ContainerGrid GmbH (hereinafter referred to as "Software"), between the licensee and the licensor. These terms and conditions, as well as the scope of services, apply to all services provided by the licensor in connection with the provision of the Software.
2. Subject Matter of the Contract
2.1 The subject of these General Terms and Conditions (hereinafter "GTC") is the time-limited provision of the Software for the duration of the contract, including the granting of the rights necessary for its contractual use.
2.2 These GTC apply exclusively. Conflicting or deviating general terms and conditions of the licensee shall not be recognized unless their validity has been expressly agreed upon in writing.
2.3 The contractual relationship between ContainerGrid GmbH and the licensee is subject to the laws of the Federal Republic of Germany, excluding the uniform UN Sales Convention.
2.4 The Software is provided by the licensor as "Software as a Service" (SaaS). The licensor fulfills its obligations by granting the licensee access to the Software.
3. Scope of Services
3.1 ContainerGrid provides the licensee with the ordered Software in its latest version via the internet for use during the contract term. ContainerGrid hosts the Software in an ISO 27001-certified data center in Germany.
3.2 The license applies to the agreed number of authorized users who are entitled to use the Software simultaneously.
3.3 The licensee is not entitled to make the Software available to third parties. The subleasing of the Software is expressly prohibited.
4. Prices and Payment Terms
4.1 ContainerGrid will only submit a binding offer or accept the customer's binding offer if the customer is a company or an individual acting in the course of their commercial or professional activities.
4.2 The current price list of ContainerGrid GmbH applies unless a specific written price agreement has been made. All prices are exclusive of statutory VAT.
5. Obligations of the Licensee
The licensee is obliged to:
- Continuously maintain the licensee's system environment (hardware and software)
- Promptly install provided updates, patches, and maintenance measures
- Ensure the prerequisites for support services
- Secure access credentials against unauthorized access by third parties
- Regularly perform systematic backups of stored data
6. Liability
6.1 The licensor shall be liable without limitation in cases of intent or gross negligence, for injury to life, body, or health, and under the Product Liability Act.
6.2 In cases of slight negligence where a material contractual obligation has been violated, liability is limited to foreseeable and typical damages, not exceeding EUR 500,000 per damage event.
7. Availability
7.1 The licensor guarantees a total availability of services of at least 99.5% per month at the handover point.
7.2 Maintenance periods performed outside of standard business hours (Monday to Friday, 9:00 AM to 6:00 PM) shall be considered periods of Software availability.
8. Error Resolution Times
Defects are classified as:
- Critical Defect (Priority 1): Complete or substantial system failure — Response: 1 hour, Resolution: 24 hours
- Major Defect (Priority 2): Significant impairment — Response: 2 hours, Resolution: 2 days
- Other Defect (Priority 3): Minor malfunctions — Response: 1 business day, Resolution: 10 days
9. Termination
9.1 The contractual relationship shall end automatically at the agreed contract end without requiring termination.
9.2 The right to extraordinary termination for cause remains unaffected.
9.3 The licensor shall permanently delete all data 30 days after contract termination, unless longer statutory retention obligations apply.
10. Miscellaneous
10.1 Transfer of rights and obligations requires prior written consent.
10.2 The place of performance and exclusive place of jurisdiction is Munich.
For questions regarding our terms, please contact: info@containergrid.de