These General Terms and Conditions (GTC) apply to all contracts between Bergx2 GmbH (hereinafter referred to as "Provider") and its customers (hereinafter referred to as "Customer") regarding the provision and use of the Software-as-a-Service solution ScreenWay (hereinafter referred to as "Service").
Deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
The Provider makes cloud-based software available to the Customer, which includes the following services:
The specific scope of services is determined by the respective booked service level and the associated service descriptions.
The contract is concluded through the Customer's registration and subsequent confirmation by the Provider. The contract language is German.
The Customer is obliged to provide complete and truthful information during registration and to update it promptly in case of changes.
The Provider makes the contractually agreed functions of the software available via the Internet. Access is via standard web browsers. The Provider is entitled to further develop and improve the software, provided that the contractually agreed functions are not significantly restricted.
The Provider guarantees an average availability of the Service of 99% on an annual average. This excludes scheduled maintenance times as well as failures that are not within the Provider's sphere of influence.
Prices are based on the applicable price list at the time of contract conclusion. All prices are plus statutory value-added tax.
Payment is due monthly in advance and is settled by direct debit or bank transfer. In case of payment default, the Provider is entitled to block access to the Service.
The contract is concluded for the agreed minimum term. After expiration of the minimum term, the contract is automatically extended by one month at a time unless it is terminated with 30 days' notice to the end of the month.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer is in default with payment of two consecutive monthly installments or violates essential contractual obligations.
The Provider warrants that the software provides the contractually agreed functions and is free of legal defects. In the event of defects, the Provider will, at its discretion, remedy the defect or provide a replacement.
The warranty does not apply if defects are based on improper use, changes or interventions by the Customer or third parties.
The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health. For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), whereby liability is limited to the contractually typical, foreseeable damage.
Liability for indirect damages, consequential damages and lost profits is excluded unless there is intent or gross negligence.
The Provider undertakes to comply with all data protection regulations, in particular the GDPR. Further information on data processing can be found in the Provider's privacy policy.
All rights to the software and associated documentation remain with the Provider. The Customer is only granted a non-exclusive, non-transferable right of use for the contract period.
The Provider is entitled to change these GTC with a notice period of six weeks. If the Customer does not object to the change within four weeks of notification, the changed conditions are deemed accepted. The Provider will inform the Customer in the change notification of the right to object and the significance of the objection period.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction is, to the extent legally permissible, the Provider's registered office.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
As of: April 10, 2026