SaaS (Software as a Service) contract for an ObjectCode K3 ® configurator

1. purpose of the contract and runtime environment

We offer companies the opportunity to use our configurators during the respective contract periods. The software is provided in the cloud (Amazon AWS region Western Europe/Frankfurt) for you to use as agreed within the scope of the scope of use and terms agreed between us. This also includes sufficient and foreseeable computing and storage capacity for the agreed use.

2 Configurator types and booking variants

We provide our configurators for different target groups and in two booking variants. The various ready-made configurators are described in Appendix 1. You can make a binding booking for these directly via our website https://www.k3-konfigurator.de with the respective service descriptions specified there. In the following, we refer to such a configurator as a standard configurator. If you require features that our standard configurators do not offer, we will prepare an individual offer for you in which we show you the extensions and their costs and offer to create these extensions as part of a contract for work and services. The use of these extensions requires the simultaneous booking of the underlying prefabricated configurator. In the following, we refer to such a configurator as an individualized configurator.

3. commencement of the user relationship, revocation

Standard configurator

The fulfillment of the contract begins immediately after the execution of your booking. There is no right of revocation, as the provision of services begins immediately upon booking.

Individualized configurator

The fulfillment of your contract begins with the start of work on your extensions. The use and payment obligation of the standard configurator assigned to the contract for work and services then begins upon acceptance of the services from the contract for work and services. There is no right of withdrawal after the acceptance of such an individual offer.

4. terms and termination

There are two different terms, depending on which of the two booking variants of the different configurators you choose:

Standard configurator

A configurator booked directly via our website has an initial term of 2 months. The term is always automatically extended by a further month if it is not canceled online one month before expiry (via your administration access at https://k3.objectcode.de/app/#/admin).

Individualized configurator

A customized/extended configurator has a contract term of 12 months from acceptance of the extensions. This is automatically extended by a further 12 months in each case if it is not terminated in text form (email to kuendigung@objectcode.de) at least 2 months before expiry. Ordinary termination of both versions of the configuration models is possible within the periods agreed here. Termination for good cause is possible without notice.

5. prices

The prices stated on our websites apply to the standard configurators and the prices stated in the associated offers apply to individualized configurators.

6 Services

We shall ensure the provision of the software and the agreed services during the term of the contract. We shall ensure any adaptations to the software, insofar as we consider these to be important. The services for our standard configurators are set out in the descriptions on our websites, plus the overviews shown here in Annex 1. This SaaS contract becomes part of the agreement made online. The services of individualized configurators result from the scopes described in the associated offers. Any errors or defects, if and insofar as we are legally responsible for them, will be rectified by us. We are entitled, at our own discretion, to provide you with a new version of the software if, in our opinion, this is expedient to rectify an error/defect. In such cases, the software will be provided free of charge. Access to the Internet and all problems that may arise directly and/or indirectly from this are not subject to our actual and legal area of responsibility. This extends to the provision of the configurator software in the runtime environment specified under 1. Our scope of support depends on the selected edition of the configurator software. As a minimum, basic support is available to you by e-mail and contact form during our business hours. Our business hours are Monday through Friday from 9 a.m. to 5 p.m., except on national holidays. We will be happy to offer you additional services, such as additional features, individual programming, consulting, training or higher support levels on request.

7. rights of use

You receive a simple, non-sublicensable and non-transferable right to use our configurator software, limited to the duration of the contract. You may transfer this right of use to your customers (the end customers) for the duration of the respective configuration process.

8. obligations

You undertake to respect the rights of third parties and not to violate applicable laws and regulations during the entire term of the contract within the scope of the agreed use. You further undertake to pass on this obligation in your legal relationship with your end customers. All transmitted access data or data transmitted for the use of the software must be kept secret and protected against misuse. This does not apply to data that end customers need to use the software as intended.

9 Liability for content

You are responsible and liable for the data entered by you or by third parties authorized by you to use the configurator as agreed. Furthermore, our contractual contents apply in the context of data security and data storage.

10 Data storage during and after the contract period

The data generated by the use of a configurator, whether by you and/or by end customers, will be stored by us for the term of the contract and retained in accordance with the contract. After termination of a contract, regardless of which of the two contracting parties, we will make all data entered and stored during use by you and the end customer available to you for download for a maximum period of six months. You will receive an individual download link immediately after the end of the term. After the six months have expired, we will permanently delete the data.

11. limitations of liability

In accordance with the statutory provisions, we are liable without limitation for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty or an intentional or negligent breach of duty by one of our vicarious agents. We shall also be liable for the intentional or grossly negligent breach of material contractual obligations. These are obligations which directly enable the fulfillment of our services and on which you were entitled to rely. In all cases of simple negligence, we limit our liability to the damage typical of the contract and foreseeable for us at the time the contract was concluded. There is no further liability on our part.

12 Data security

We shall secure the data created by you in the software during the period of use and the agreed type of use in accordance with the current state of the art.

13. data protection

Both contracting parties undertake to comply with the applicable statutory provisions in the handling of personal data, in particular also from the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

14 Order processing

As we process personal data on your behalf, we offer you a contract for data processing on your behalf (DPA).

15 Confidentiality

The parties agree to maintain confidentiality regarding all internal content within the scope of the respective agreement, including any written offers. This shall apply for 12 months after termination, regardless of which of the contracting parties has terminated this agreement.

16. place of jurisdiction, applicable law

German law shall apply. The place of performance is the registered office of our company in Lünen. The place of jurisdiction is Dortmund. Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. We shall then jointly endeavor to replace the invalid provision(s) with a valid provision that comes as close as possible to the economic meaning of the invalid provision(s). The same shall apply in the event of a loophole in the contract.

Attachments:

Service description ObjectCode K3® standard configurators

ObjectCode offers these standard configurators, which are described below:

• ObjectCode K3®
• ObjectCode K3.veranda
• ObjectCode cabinet configurator In this service description we list the main features of the ObjectCode K3® standard configurators. This list is not exhaustive (not a specification sheet) and only takes into account further developments of the software with a certain time lag. Detailed information on the range of functions can be found in the online documentation of the respective configurator.

System landscape

Web application, hosted by ObjectCode/Amazon AWS Zone Western Europe/server location Frankfurt. Integration on the customer pages as iframe, div or web component.

Pricing model / payments

K3 is an online subscription service with monthly or annual payments. Payments online via payment processor stripe.com, alternatively payment on invoice on request.

Registration

Access to the administration interface by user e-mail/password, "forgotten password" function by e-mail. Access to the published frontend without login. Users / roles Multiple users per configurator, possible roles

• Admin (may do everything)
• Editor (may maintain existing configurators (tabs, features, values, images, 3D models, 3D materials, rules) Models, 3D materials, rules, articles) and is explicitly not allowed to: create/delete configurators create/delete configurators, manage subscriptions, manage users.
• Retailer (may maintain his data, incl. price markup and can view his configurations and order them from the operator) and order them from the operator).

Configurator / Visualization

Two basic types of visualization: 2D or 3D.

2D

K3 can display images in JPG or PNG format as a single image, gallery or 360° display (N images as a turntable).

3D

K3 can manage multiple 3D models in GLB format and add them to the scene based on rules and selection values, change colors and materials based on rules and selection values, save different camera positions and define them per tab, display the 3D objects in augmented reality (AR) with native support for suitable mobile devices. The user can rotate and zoom this 3D display. 3D requires WebGL/canvas support of the browser used (see https://caniuse.com/webgl), file size (practical recommendation): Sum of all simultaneously displayed models should not exceed 10 MB

Layout

K3 offers various basic layouts that differ in the arrangement of the tabs (top, bottom, right) and in the arrangement of the features of the tab (right, left, flyaway or accordion). They can be customized individually.

Design

K3 allows customization of the GUI through logo upload, tab behavior (fade-in and fade-out behavior), color selection for all CSS-attributed color classes and complete modification of all design attributes via CSS (uploadable individual CSS)

Tabs

K3 allows features to be grouped by tabs. An icon and a camera position can be assigned to tabs.

Features/values

A feature has a name, a description and a type (dropdown, radio buttons, radio cards, color selection, color dropdown, RAL color selection, switch, button, text input, number input, image selection) and optionally a camera position.

Options

A feature can have further options (depending on the type):

• Optional (allows "no selection")
• Hidden (is not displayed)
• Show name / description / thumbnail / URL / info button
• Hiding behavior of invalid values
• Hide behavior Feature: hidden, hide if only one value is valid.
• Deactivation feature: if only one valid value
• Calculated: Value is calculated from formula and displayed

Values

A non-numerical characteristic has discrete values (yes/no, red/green/blue etc.). Values have a name, a description text and can have additional attributes ("new column").

Actions

Several actions can be assigned to a characteristic. These are triggered when a value is selected. Depending on the action assignment, additional columns are added for each value:

• Model action assigns a 3D model to a selection value.
• Article action assigns an article for the parts list to a selection value.
• Color action assigns a color to a selection value.
• Material action changes a 3D material
• Image action displays images
• Hide action suppresses tabs, features or values.

Rules

K3 calculates the validity of value combinations by rule. Invalid values can be hidden or be selectable with recommended action.

Articles

K3 maps trade articles independently of selection values with article number, name, price (incl. validity periods). Articles can be imported from the store. Articles can be added to the parts list based on rules and selection values.

Print designer

K3 can superimpose JPGs/PNGs on definable surfaces of a 3D model with selection of size and position.

Configuration PDF

Part of the configurable "Request" action. Supports PDF generation based on a customizable PDF template (one for the customer, one for the supplier). Contains view of configuration and parts list, selectable with/without prices.

Contact form

Part of the configurable "Request" action. Supports contact form with name / phone / mail / company / address / note / privacy notice. Sends optional mail to customer / sales, selectable with/without attached PDF.

Store connection

Supported: Shopware 6, shopify, Woocommerce, Presta, Magento, OXID. Synchronizes store articles in the K3. Adds the items from the parts list to the shopping cart of the connected eShop.

Data protection

Server hosting takes place at Amazon AWS Region Western Europe/Frankfurt, ObjectCode-Amazon data processing agreement (DPA) has been agreed. We provide you with a DPA as a contractual basis between you and us. ObjectCode has appointed an external data protection officer.

Online help

K3 offers context-sensitive online help: https://k3.objectcode.de/help/

Support

Basic support by e-mail/support form; from K3.pro telephone support; from K3.enterprise dedicated contact person. Support times Mon-Fri 9 a.m. - 5 p.m

Differences between the K3 editions

Feature	K3.basic	K3.pro	K3.enterprise
Visualization	Images, Gallery,	Images, Gallery,	Images, Gallery,
	image stack	image stack	image stack
	3D, AR	3D, AR, 3D Planner
			3D planner
Finalization	PDF, Email	PDF, Email	PDF, Email
Contact form	Contact form	Contact form	Contact form
		Shop connection	Shop connection
			Dealer search.
		Open APIs
Support	Basic Support Mail	Basic Support Mail	Basic Support Mail
		Phone
			Dedicated
			Contact person