§1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts concluded between BitStream GmbH, hereinafter referred to as "Provider", and the customer in connection with the software provided by the Provider for the evaluation of security risks.(2) Deviating, conflicting or supplementary General Terms and Conditions of the customer shall only become part of the contract to the extent that the Provider has expressly agreed to their validity in writing.

§2 Description of Services
(1) BitStream GmbH provides software that is specialized in reading and analyzing data to identify potential security risks. The software does not make any changes to the customer's computer system.
(2) The results of the analysis are provided in the form of recommendations. These are always valid only at the time of the report's creation. BitStream GmbH endeavors to identify security risks as comprehensively as possible – however, these cannot be completely exhaustive by nature. The customer is obliged to thoroughly test these recommendations before implementing them in their IT infrastructure to ensure the functionality of their systems.
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§3 Conclusion of Contract and Right of Withdrawal
(1) The presentation of the software and services on the website of BitStream GmbH does not constitute a legally binding offer, but an unbinding online catalog.
(2) By submitting an order via the website of BitStream GmbH, the customer makes a binding offer to conclude a contract. The Provider may accept this offer at its discretion within two weeks.
(3) The customer can use a test version of the software to review the offer in advance. The test version only provides excerpts of the data.
(4) According to § 312g para. 2 no. 1 BGB, the customer has no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Since the report with the comprehensive data is individually tailored and created for the specific needs and data of the customer, it is excluded from the 14-day withdrawal period according to the Distance Selling Act.

§4 Rights of Use
(1) The customer receives a non-exclusive, non-transferable right to use the software for the agreed purpose.
(2) The transfer of the software or the analysis results to third parties without the written consent of the Provider is prohibited.

§5 Liability
(1) The Provider is not liable for direct or indirect damages resulting from the use of the software or the implementation of the analysis recommendations unless such damages are based on intent or gross negligence of the Provider.
(2) In particular, the Provider is not responsible for operational interruptions, lost profits, or data losses of the customer.

§6 Data Protection
(1) The Provider undertakes to treat all data and information obtained during contract execution confidentially and to use them only in accordance with data protection regulations.
(2) In certain analysis areas, personal data such as user login names or profile names are used to ensure an accurate evaluation. Customers have the option to anonymize these data with a special command before transmission, so they do not leave the system. However, it should be noted that such anonymization can reduce the clarity and precision of the report results. Moreover, once data has been anonymized, it cannot be subsequently submitted; a complete analysis would require a re-run in such a case.
(3) The Provider implements appropriate technical and organizational security measures to ensure the security and confidentiality of the data provided by the customer, especially personal-related data.(4) The customer is responsible for ensuring that all necessary consents have been obtained and data protection regulations have been complied with before providing such data to the software of BitStream GmbH.

§7 Final Provisions
(1) Changes or additions to this contract require written form. This also applies to the waiver of this written form requirement.
(2) Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
(3) This contract is governed by the laws of the Federal Republic of Germany. The place of jurisdiction is, to the extent legally permissible, the registered office of the Provider.