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These terms govern the use of VisioLab services, software, and hardware provided under your service agreement.
VisioLab GmbH | VisioLab End User License Terms
These VisioLab End User License Terms (“Terms”) apply to all contracts between VisioLab GmbH, Neumarkt 7, D-49074 Osnabrück, 49078 Osnabrück, Germany (“VisioLab”) and its customers who are business owners (Unternehmer) within the meaning of § 14 of the German Civil Code (“Customers”) to whom VisioLab provides access to its Services.
These Terms shall govern each Offering document or any online, email or in-app ordering process that references these Terms (each an “Offer”). The terms of each Offer shall incorporate these Terms and shall form a separate services contract with respect to the Services (as defined below) under that Offer (a “Services Contract”).
These Terms shall also apply as a framework agreement for future contracts with the same Customer without VisioLab being required to refer to them in each individual case. These Terms shall be deemed to be confirmed by Customer at the latest when VisioLab provides the Services.
These Terms apply to the exclusion of all others. Different, conflicting or supplementary standard terms of business of Customer shall only become part of the Services Contract if and to the extent that VisioLab has consented to their application in writing.
Individual agreements made in writing with Customer in specific cases (including ancillary agreements, supplementary agreements and amendments) shall take priority over these Terms.
Where these Terms mention the terms ‘written’, ‘in writing’, ‘written form’ or similar, this shall refer to ‘in writing’ in the sense of § 126 German Civil Code. The electronic exchange of copies of signed documents shall suffice in this regard whereas the exchange of simple emails shall not be sufficient.
References herein to the application of statutory provisions shall be for clarification purposes only. Consequently, statutory provisions shall apply even without such clarification provided that they are not directly amended by or expressly excluded in these Terms.
Subject to the terms and conditions of the Services Contract, VisioLab grants to Customer, during the Initial Service Term and any Renewal Service Term, a non-exclusive, non-transferable, non-sublicensable world-wide right and license to use the VisioLab software including any related websites, spaces, services and applications as designated in the Offer (collectively the “Services”) for internal business purposes only (“License”). The number of Licenses is stated in the Offer. The Services are ordered as prescribed by the VisioLab documentation located at an URL further specified by VisioLab or attached as an exhibit to the Offer (as it may be updated from time to time, the “Documentation”).
Customer may permit its employees (collectively “Permitted Users” and any individual using the Services a “User”) to use the Services on a specific workstation provided that (A) Customer has obtained a License for each such workstation; (B) Customer shall procure that such Users comply with these Terms and Customer shall remain responsible and liable towards VisioLab for all acts and omissions of such Users; and (C) the Services are used solely for the benefit of Customer.
Customer shall not (and shall not permit any third party to) directly or indirectly: (A) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any external commercial use of, outsource, use on a timeshare or service bureau basis, or use in an application service provider or managed service provider environment, or otherwise generate income from the Services; (B) copy the Services onto any public or distributed network; (C) decompile, reverse engineer or disassemble any portion of the Services, or otherwise attempt to discover any source code, object code or underlying structure, ideas, know-how or algorithms or other operational mechanisms of the Services, in each case, unless permitted by mandatory statutory law; (D) modify, adapt, translate or create derivative works based on all or any part of the Services (except to the extent expressly permitted by VisioLab or authorized within the Services); (E) modify any proprietary rights notices that appear in the Services or components thereof; (F) use any Services in violation of any applicable laws and regulations (including any export laws and restrictions, national security controls and regulations) or outside of the license scope set forth in Clause 2; (G) configure the Services to collect (i) any data that is defined as sensitive personal data or ‘special categories of data’ within the meaning of the EU General Data Protection Regulation or any applicable national data protection law or regulation; (ii) passwords or other authentication credentials; (iii) any payment or other financial data, biometric data or genetic data; or (iv) any data relating to a person under the age of 16 years (collectively, “Prohibited Data”); or (H) use the Services to (i) store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware; or (ii) engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of third party systems, or the services or data contained therein; (iv) attempt to gain unauthorized access to the Services or VisioLab’s systems or networks; or (v) perform, or engage any third party to perform, penetration testing, vulnerability assessments or other security assessments.
Customer shall not export or re-export, directly or indirectly, any Services or technical data or any copy, portions or direct product thereof in breach of any applicable laws and regulations. In particular, Customer and its Affiliates shall comply with the sanctions imposed by the Federal Republic of Germany, the European Union, the United Nations and with the applicable federal laws of the United States of America, in each case, insofar as this does not result in a violation of or a conflict with § 7 of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) or a similar applicable anti-boycott statute. Customer shall, at its own expense, obtain all necessary customs, import, or other governmental authorizations and approvals.
The Services may only be used by Customer as prescribed in the Documentation.
Although VisioLab has no obligation to monitor Customer’s contractual use of the Services, VisioLab may do so and may prohibit any use of the Services it believes may be in violation of this Clause 3.
Customer represents and warrants that Customer and its Permitted Users shall use the Services only in full compliance with all applicable laws and regulations.
Customer shall be responsible for obtaining, maintaining and keeping up to date and functional any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems and networking (collectively “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge.
Customer shall be solely responsible for the content of all data and any other material displayed, posted, uploaded, stored, exchanged or transmitted by Customer or any User on or through the Services (“Content”).
Customer is aware that the performance of the Services is also affected by factors that are solely within the Customer's sphere of influence. Therefore Customer is, in particular, solely responsible for ensuring that (a) the Services are used under adequate lighting, in suitable locations, and under suitable temperature and weather conditions, (b) Customer always uses the latest version of the Services, (c) Customer uses the Services only in conjunction with operating systems approved by VisioLab, (d) the Services have access to a sufficient amount of suitable training data, and (e) the Services are used by adequately trained Users.
VisioLab cannot control the information submitted by Customer or Users during their use of the Services and cannot guarantee the accuracy of any information submitted. VisioLab may, without notice or liability, investigate any complaints or suspected violations of the Services Contract that come to its attention and may take any action that it believes is appropriate, including, but not limited to, rejecting, refusing to post, or removing any particular data, or restricting, suspending, or terminating Customer’s or any User’s access to the Services.
Customer shall keep the information in the Customer account up to date and correct. Customer shall notify VisioLab promptly of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the Services.
Subject to Customer’s payment of the Service Fees set forth in the applicable Offer, VisioLab shall provide Maintenance and Support for the Services to the extent specified in the Offer. “Support” is defined as VisioLab’s obligation to respond to support requests of Customer with regard to the Services by documenting and troubleshooting issues and providing technical and non-technical assistance. “Maintenance” or “Maintain” means VisioLab’s obligations with regard to the Services related to error resolution, bug fixes and the provision of updates and upgrades made generally available by VisioLab in its sole discretion.
VisioLab shall use reasonable efforts consistent with prevailing industry standards to Maintain the Services in a manner which minimizes errors and interruptions in the Services.
If VisioLab’s analysis shows that an error notified by Customer has actually not occurred or is not attributable to the Services, VisioLab may charge Customer for the costs demonstrably incurred by VisioLab in connection with such analysis.
Subject to Customer’s payment of the Service Fees set forth in the applicable Offer, VisioLab shall make the Services available to Customer in accordance with this Clause 6.
VisioLab shall use reasonable endeavors to ensure, that the Services are available to Customer over the internet, however no less than 98% per year (based on twenty-four (24) hours a day and seven (7) days a week) excluding any temporary unavailability for scheduled or for unscheduled Maintenance, either by VisioLab or by third-party providers, and unavailability for causes beyond VisioLab’s reasonable control. VisioLab shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption.
Customer is aware and acknowledges that Customer-side access to the Services such as an internet access cannot be guaranteed and that VisioLab shall not be liable for deficiencies in Customer’s own internet connections or equipment.
Subject to these Terms (including payment of any applicable Service Fees set forth in the Offer), VisioLab shall provide additional professional services if and to the extent described in an Offer (“Professional Services”).
Unless specified otherwise in the relevant Offer, the Professional Services are services within the meaning of § 611 German Civil Code. The Professional Services shall be rendered on a one-time fee or a time and materials basis. If the Professional Services purchased have been consumed, VisioLab shall stop the Professional Services until additional Professional Services have been ordered.
Customer agrees to provide reasonable cooperation and information as necessary to enable VisioLab to perform the Professional Services. With respect to VisioLab’s staff providing Professional Services to Customer no lease of personnel (Arbeitnehmerüberlassung) shall take place. Instructions to VisioLab’s staff must not be given by Customer’s staff or representatives but only by VisioLab’s representatives. Issues arising with VisioLab’s staff which affect Customer and/or the Professional Services to be provided must be addressed by the relevant contact person of Customer to the relevant contact person of Visio Lab. VisioLab’s staff shall not be integrated into the operational organization of Customer. VisioLab shall in its sole discretion decide how and where to utilize its resources (including VisioLab’s staff) and plan its performances under the Services Contract (and the related Offer) in accordance with the agreed contents and limits of the Professional Services.
Customer shall reimburse VisioLab for travel and other expenses (at cost) incurred in connection with the Professional Services (if any).
Professional Services shall be performed on business days (a business day means Monday through Friday, excluding national holidays, during normal working hours, in the location where the Professional Services are provided).
The cooperation of the Parties hereunder, in particular with regard to Professional Services, builds upon mutual trust between VisioLab and Customer. Therefore, during the Initial Service Term and any Renewal Service Term, and in each case for a period of twelve (12) months thereafter, without VisioLab’s prior written approval, Customer shall not solicit for employment or consultancy any of VisioLab’s employees who participated in the performance of Professional Services.
Customer and VisioLab understand that they have or may disclose to each other business, technical or financial information relating to their business (the “Confidential Information”). Confidential Information of VisioLab includes but is not limited to non-public information regarding features, functionality and performance of the Services.
Customer and VisioLab shall take reasonable precautions to protect each other’s Confidential Information, and not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. This shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that Customer or VisioLab respectively can document (A) is or becomes generally available to the public; or (B) was in Customer’s or VisioLab’s respective possession or known by them prior to receipt; or (C) was rightfully disclosed to Customer or VisioLab respectively without restriction by a third party; or (D) was independently developed without use of any Confidential Information or (E) is required to be disclosed by law.
Any confidentiality agreements concluded between the Customer and VisioLab shall remain unaffected by this Clause 8.
Notwithstanding anything to the contrary, VisioLab shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies, and VisioLab shall be free (during and after the term hereof) to (A) use such data and information to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other VisioLab orderings; and (B) disclose such data and information solely in aggregate or other de-identified form in connection with its business.
VisioLab and its suppliers own and shall retain all ownership and intellectual property rights, including all copyright, database rights, patent, trade secret, trademark and all other intellectual property rights and technical solutions, in and to the Services. Customer acknowledges that the rights granted under the Services Contract do not provide Customer with title to or ownership of the Services.
Customer assigns to VisioLab all ownership and intellectual property rights in the Content (as defined above), to the extent legally permissible. If and insofar such assignment is not legally possible, Customer hereby grants to VisioLab the exclusive, transferable, unlimited (in terms of time, territory and content) and sublicensable right to use the Content to the widest extent possible in any known and currently unknown manner. This shall in particular include the right to reproduce, distribute, publish, put on display, recite, perform, present, make available to the public, send, forward or otherwise communicate to the public the Content in all media, in all services, via any way and technique of transmission, regardless of the devices used therefor. This shall also include the right to change, translate, create derivative works from or otherwise rearrange the Content and to use and exploit any such changed, translated or otherwise rearranged Content and derivative works in the abovementioned manner. Customer agrees, and shall ensure that any Users agree that he/she will not be named as an author in connection with the exploitation of the Content.
VisioLab reserves the right to implement new versions and upgrades of the Services including, but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.
Customer agrees that VisioLab may refer to Customer by its trade names and logos, and may briefly describe the Customer’s business, in VisioLab’s marketing materials and website.
Customer may from time to time provide VisioLab with suggestions for new features or functionalities of and with feedback regarding the Services. VisioLab shall be free to take such suggestions or feedback into consideration. Customer grants to VisioLab, without charge, the fully paid-up, perpetual, sublicensable right to exploit such feedback for any purpose.
Customer and VisioLab shall at all times comply with the requirements of any applicable privacy and data protection legislation. To the extent that a data processing agreement is mandatory under such legislation, the Data Processing Agreement in Annex A hereto shall supplement these Terms and shall become an integral part of any applicable Services Contract.
Customer shall pay VisioLab the fees described in the Offer for the Services and Professional Services in accordance with the terms therein (the “Service Fees”).
VisioLab reserves the right to change the Service Fees for the following Renewal Service Term upon at least sixty (60) days prior to the end of the Initial Service Term or the end of the then current Renewal Service Term.
Customer shall make all payments via the payment methods ordered by VisioLab. In case VisioLab offers the option of payment by invoice, full payment must be received by VisioLab within fourteen (14) days from the mailing date of the invoice.
Following notice in text form under § 126b German Civil Code (simple email sufficient), VisioLab shall be entitled to suspend Customer’s access to the Services in accordance with § 320 German Civil Code if payments are not received by VisioLab within fourteen (14) days of the due date.
All Service Fees are exclusive of, and Customer shall pay, all taxes, duties, and assessments, however designated, which are levied or imposed upon such Service Fees, excluding only taxes based on VisioLab net income.
Subject to earlier termination as provided below, the Services Contract begins on the date specified in the Offer (“Effective Date”) and shall remain in effect for an initial term as specified in the Offer (“Initial Service Term”). The Initial Service Term shall automatically and continuously renew for additional periods, each of which correspond with the Initial Service Term (“Renewal Service Term”), unless either party requests termination of the Services Contract at least thirty (30) days prior to the end of then-current term.
Neither Customer nor VisioLab shall be entitled to terminate the Services Contract for convenience with effect prior to the end of the Initial Service Term or any Renewal Service Term (Ausschluss der ordentlichen Kündigung). Customer’s and VisioLab’s right to immediately terminate the Services Contract for good cause (außerordentliche Kündigung aus wichtigem Grund) shall remain unaffected. Such good cause shall in particular exist, (A) if a party commits a material breach of the Services Contract, and such breach has not been cured within thirty (30) days after receipt of written notice thereof; (B) Customer is in default of payment by more than forty-five (45) days; (C) Customer breaching the use restrictions under Clause 3; or (D) Customer ceases its due payments or suffers a significant deterioration in its asset situation.
Upon termination of the Services Contract or lapse of its Initial Term or Renewal Service Term taking effect, VisioLab will suspend Customer’s access to the Services.
Customer has checked that the specification of the Services as described in the Documentation meets his needs and wishes. Customer is aware of the essential functionalities and features of the Services. The extent, nature and quality of the goods and services to be delivered by VisioLab are determined by these Terms, the Offer, and the Documentation. Any other information or requirements do only form part of the Services Contract if Customer and VisioLab so agree in writing or if VisioLab so confirms in writing. Product descriptions, illustrations, test programs, etc. represent mere service specifications but do not constitute guarantees (Garantien) or agreements on certain specifications (Beschaffenheitsvereinbarungen). In Offer to be valid, an agreement on a guarantee requires the written confirmation from a director of VisioLab.
VisioLab warrants (gewährleistet) that the Services will, in all material respects, conform to the functionality described in then-current Documentation for the applicable Services version. In case of a breach of this warranty VisioLab shall be required to use commercially reasonable efforts to modify the Services to conform in all material respects to the Documentation, and if VisioLab is unable to materially restore such functionality within thirty (30) days from the date of written notice of said breach, Customer shall be entitled to terminate the Services Contract upon written notice and receive a pro-rata refund of the unused Service Fees which have been paid in advance (if any) for unused access to the Services. Customer must notify VisioLab in writing of any warranty breaches and Customer must have installed and configured the Services in accordance with the Documentation to be eligible for the foregoing remedy. Any no-fault liability (verschuldensunabhängige Haftung) of VisioLab for the existence of initial errors (anfängliche Mängel) under § 536a German Civil Code shall be excluded. Customer’s claims for damages for a breach of this warranty are subject to the limitations set forth in Clause 15.
Under no circumstances shall Customer be entitled to obtain the source code of the Services.
Without prejudice to any other liability of Customer under contract or statutory law, Customer shall defend, indemnify and hold harmless, at its expense, VisioLab and its Affiliates, its suppliers and resellers against any third party claim to the extent such claim arises from or is made in connection with Customer’s breach of Clause 3 or otherwise from Customer’s use of Services, and Customer shall pay all costs and damages finally awarded against VisioLab by a court of competent jurisdiction as a result of any such claim.
In connection with any claim for indemnity under this Clause 14, VisioLab must promptly provide Customer with notice of any claim that VisioLab believes is within the scope of the obligation to indemnify, provided, however, that the failure to provide such notice shall not relieve Customer of its obligations under this Clause 14, except to the extent that such failure materially prejudices Customer’s defense of such claim. VisioLab may, at its own expense, assist in the defense if it so chooses, but Customer shall control the defense and all negotiations related to the settlement of any such claim. Any such settlement intended to bind VisioLab shall not be final without VisioLab’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
VisioLab agrees at its expense to defend Customer against (or, at VisioLab’s option, settle) any third-party claim to the extent such claim alleges that the Services infringe or misappropriate any patent, copyright, trademark, other intellectual property right or trade secret of a third party, and VisioLab shall pay all costs and damages finally awarded against Customer by a court of competent jurisdiction as a result of any such claim. In the event that the use of the Services is, or in VisioLab’s sole opinion is likely to become, subject to such a claim, VisioLab, at its option and expense, may (A) replace the applicable Services with functionally equivalent non-infringing technology; (B) obtain a license for Customer’s continued use of the applicable Service; or (C) immediately terminate the Services Contract in whole or in part and provide a pro-rata refund of the Service Fees that have been paid in advance for the applicable Services (beginning on the date of termination). The foregoing indemnity obligation of VisioLab shall not apply: (i) if the Services are modified by Customer or any User; (ii) if the Services are combined with other non-VisioLab products, applications, or processes, but solely to the extent the alleged infringement is caused by such combination; or (iii) to any unauthorized use of the Services. The foregoing shall be Customer’s sole remedy with respect to any claim of infringement of third party intellectual property rights and trade secrets.
VisioLab shall be unrestrictedly liable for (A) injury to life, body or health caused by VisioLab, its legal representatives (gesetzliche Vertreter) or assistants in performance (Erfüllungsgehilfen); (B) damage caused intentionally (vorsätzlich) or with gross negligence (grob fahrlässig) by VisioLab, its legal representatives or executive staff; (C) damage caused intentionally by VisioLab’s assistants in performance not mentioned in (B); (D) damage resulting from the absence of any guaranteed (garantiert) characteristics; and (E) claims under the German Product Liability Act (Produkthaftungsgesetz).
VisioLab shall be liable for damage resulting from the breach of its primary obligations (Kardinalpflichten) hereunder by VisioLab, its legal representatives, senior executives or assistants in performance. Primary obligations are such basic duties which form the essence of the Services Contract, which were decisive for the conclusion of the Services Contract and on the performance of which Customer may rely. If the breach of such primary obligation was caused (A) through simple negligence by VisioLab, its legal representatives or executive staff; or (B) through simple or gross negligence by VisioLab’s assistants in performance not mentioned in (A), then VisioLab’s ensuing liability shall be limited to the amount which was foreseeable by VisioLab at the time the respective Service was performed.
Subject always to Clauses 15.1 and 15.2, VisioLab shall not be liable for damage resulting from the breach of non-primary obligations through (A) simple negligence of VisioLab, its legal representatives or executive staff; or (B) simple or gross negligence of VisioLab’s assistants in performance not mentioned in (A).
VisioLab shall not be liable for any loss, damage or harm suffered by Customer that is directly or indirectly caused by Customer’s unauthorized use of the Services to process Prohibited Data.
VisioLab shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken by Customer.
Subject always to Clause 15.1, the total liability of VisioLab arising out of or in connection with the Services Contract, whether in contract or tort or otherwise shall in no circumstances exceed a sum equal to 150 % of the total Service Fees paid (plus Service Fees payable) by Customer in the twelve (12) months immediately preceding the event which gave rise to the liability.
Any other liability of VisioLab not covered by this Clause 15 is excluded on the merits.
Customer shall ensure that User identities, passwords, and equivalent obtained by Customer in conjunction with registration for the Services are stored and used in a secure manner and cannot be accessed and thereby used by third parties. Customer shall be liable for any unauthorized use of the Services.
Where it is suspected that any unauthorized person has become aware of a User identity and/or password, Customer shall immediately inform VisioLab thereof and also change such User identity and/or password.
Customer shall be liable for losses or damage incurred by VisioLab where Customer intentionally or negligently reveals a user identity/password to a third party or where a user identity and password otherwise become known to an unauthorized party, unless Customer notifies VisioLab immediately upon suspicion that such event has occurred.
Customer may only invoke a right to set-off and assert a right of retention to the extent that its claims have been (A) finally established by a court of law; (B) are uncontested; or (C) have been acknowledged by VisioLab.
Customer may not assign (übertragen) the Services Contract without the prior written approval of VisioLab and any purported assignment in breach of this Clause 18 shall be void. VisioLab may at its discretion assign, or transfer to third parties the Services Contract and/or any associated rights in whole or in part.
Customer shall, at VisioLab’s request, promptly, and in any event within fifteen (15) days, enter into a novation agreement in such form as VisioLab shall reasonably specify in Offer to enable VisioLab to exercise its rights pursuant to this Clause 18.
Should any provision of the Services Contract including the Offer and these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions shall not be affected. Such ineffective or invalid provision shall be replaced by a provision which comes as close as legally possible to what the Parties would have agreed, pursuant to the meaning and purpose of the original provision and of the Services Contract if they had recognized the ineffectiveness or invalidity of the original provision. If the ineffectiveness or invalidity of a provision is based on the determination of a certain level of performance or a certain time (deadline or fixed date), such ineffective or invalid level or time shall be replaced by the level or time which comes as close as legally possible to the original level or time. The foregoing shall also apply to any possible omission in the Services Contract including the Offer and these Terms that was not intended by the Parties. It is the express intention of the Parties that this savings clause does not just have the effect of shifting the burden of proof but that § 139 German Civil Code is entirely dispensed with.
The Services Contract including the Offer and these Terms represent the entire agreement between Customer and VisioLab in respect of its subject matter and supersede and extinguish all prior negotiations, arrangements, understanding, course of dealings or agreements made between the Parties in relation to its subject matter, whether written or oral.
Valid amendments or supplements to these Terms must be made in writing. The same shall apply to any agreement to deviate from or cancel this requirement of written form.
VisioLab may amend and/or update these Terms with future effect from time to time and as necessary for technical, economic or legal reasons provided that this would neither constitute a change affecting the basis of the legal relationship between the Parties nor is equivalent to the conclusion of a new contract. Any revision of these Terms shall be announced to Customer in text form (simple email shall suffice) no later than six (6) weeks before their proposed effective date. Customer may either approve or object to the revision before their proposed effective date. The revision shall be deemed approved by Customer, unless Customer objects to the revision before their proposed effective date. VisioLab shall expressly inform Customer thereof in the respective announcement.
The Services Contract and any issues, disputes or claims (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The courts of Osnabrück (Germany) shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) that arises out of or in connection with the Services Contract or its subject matter or formation.
The person signing or otherwise accepting the Offer and these Terms for Customer represents that it is duly authorized by all necessary and appropriate corporate action to enter the Services Contract on behalf of Customer.
VisioLab shall be entitled to retain subcontractors, including third party software suppliers, for the performance of any of its obligations in accordance with the Services Contract.
Customer shall not assign (abtreten) any of its rights or obligations under the Services Contract and these Terms without the prior written consent of VisioLab.
No agency, partnership, joint venture, or employment is created as a result of the Services Contract and Customer does not have any authority of any kind to bind VisioLab in any respect whatsoever.
VisioLab GmbH
District Court of Osnabrück, Germany HRB 21372
December 2024
Annex A
Data Processing Agreement
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Schedule
to Data Processing Agreement
Technical and Organizational Measures
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