SaaS (Software as a Service) contract for an ObjectCode K3® configurator
Status 23.4.2025 (final)
1. contractual partner, purpose and runtime environment
ObjectCode GmbH (Provider, "We") and the K3 customers (Customer, "You") (together: the Parties) conclude this contract to regulate the booking and usage conditions by booking and using the ObjectCode K3® Configurator. We offer commercial users the opportunity to use our configurators during the respective contract periods. The software is provided in the cloud (Amazon AWS region Western Europe/Frankfurt) within the scope of the scope of use and terms of use agreed between us for you for the agreed use. This also includes sufficient and foreseeable computing and storage capacity for the agreed use.
2. configurator variants: Templates, editions, payment methods
We provide our configurators for different target groups (templates), in three functional scopes (Basic/Pro/Enterprise editions) and in two booking variants (monthly or annual term).
You can make a binding booking for a configurator directly via our website https://www.objectcode.de/, select a template and use it initially (during the trial period) with the service descriptions provided.
You select the edition and the term when booking a paid version (at the end of the trial period at the latest).
3 Beginning of the user relationship, revocation
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 with the booking in accordance with Section 312g (2) No. 1 BGB.
Test period
When you register for a new configurator, we will set it up in the "Enterprise" edition and grant you a trial period of 30 days. During this trial period, there are no charges for using K3. Once the trial period has expired, further use is only possible by booking one of the paid editions Basic/Pro/Enterprise.
4 Payment, terms and termination
Payments
Payment for our configurators is made exclusively online via our payment service provider. Payment is always made in advance for the next contract term. The minimum payment methods are direct debit or credit card. Invoices are sent automatically by e-mail. There are two different payment methods / terms:
"Monthly" term
A configurator booked with a "Monthly" term has a term of one month. The term is always automatically extended by a further month if you do not cancel it online (via your administration access) before the end of the term.
"Yearly" term
A configurator booked with an "Annual" term has a term of one year. The term is always automatically extended by a further year if you do not cancel it online (via your administration access) before the end of the term.
Cancellation
Cancellation is possible within the periods agreed here (i.e. at the end of the term). This means that the contract period running at the time of termination is the last of the contract. There will be no automatic renewal and no further invoicing. At the end of the contract period, the configurator can no longer be used. We reserve the right to terminate the contractual relationship at any time without giving reasons.
5. prices
The prices stated on our website apply. We reserve the right to change these prices at any time. The prices agreed between us are valid until the end of the current booking period. In the event of a price increase, you can always cancel your booking at the end of the current booking period (as you can without a price increase).
6. services
We shall ensure the provision of the software and the agreed services during the term of the contract. We will ensure any adjustments to the software, insofar as we consider these to be important. The services are set out in the descriptions on our websites. This SaaS contract becomes part of the agreement made online. We may also use vicarious agents to fulfill this contract.
Any errors or defects, if and insofar as we are legally responsible for them, will be rectified by us. We are entitled, at our professional 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.
Errors during setup or configuration by the customer himself or our partners are not covered by our obligation to rectify them.
Access to the Internet and all problems that may arise directly and/or indirectly from this are not subject to our actual and legal responsibility. This extends to the provision of the configurator software in the runtime environment mentioned under 1.
6.1 Support
Support is available to you free of charge by e-mail at "support@objectcode.de" during our business hours. Our business hours are Monday through Friday from 9 a.m. to 5 p.m., except on national holidays.
6.2 Extended support via partners
In the case of extensive support volumes and other services over and above the free email support (6.1), such as additional features, individual programming, consulting, training or higher support levels, our K3 partners (see https://www.objectcode.de/partnernetzwerk-k3/) will be happy to offer you individual support on request. Agreements made there do not affect this contractual relationship for the use of the K3 system.
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.
For the use by resellers of your products, we offer a separate reseller license by means of which you may transfer a limited right of use to your resellers. You require one such license per dealer if they wish to integrate the configurator on their website.
For the entire term of the contract, you grant us a non-exclusive right to use all information that you provide in the administration interface for setting up the configurator. Confidentiality is not agreed for this information. This also includes the use of your company name and logo for reference purposes.
This granting of rights also applies to vicarious agents commissioned by us.
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. You undertake not to negatively influence accessibility through your adaptations to the configurator. You undertake not to remove, cover or otherwise make unrecognizable and/or unclickable the text displayed by K3 and the link behind it "Powered by ObjectCode K3®".
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. You warrant that you have all necessary rights to the content provided by you. This data includes images, 3D models, CSS and JavaScript files that are executed with privileges in the end user's browser and therefore have extensive access rights. Your responsibility therefore also includes activities in the end user's browser insofar as they are based on this data. In addition, our contractual content also includes data security and data storage.
10 Data storage during and after the term of the contract
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 kept available in accordance with the contract. After termination of a contract, regardless of which of the two contracting parties, we will retain all data entered and stored in the context of use by you and the end customer for a maximum period of six months. Upon request, we will provide you with this data in packaged form. After the six months have expired, we will permanently delete the data. If you have booked several configurators with us, this regulation applies to the termination of the last configurator in use.
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 may 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 during the period of use and the agreed type of use in the software 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 depending on how a configurator is set up (e.g. when using the contact form), we offer you a contract for data processing on your behalf (DPA). We will make this available to you digitally if you provide us with the data controller and the contact person for data protection matters.
15 Place of jurisdiction, applicable law
German law applies. 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 find a valid provision to replace the invalid provision(s).
SaaS (Software as a Service) contract for an ObjectCode K3® configurator
Status 23.4.2025 (final)
1. contractual partner, purpose and runtime environment
ObjectCode GmbH (Provider, 'We') and the K3 customers (Customer, 'You') (together: the Parties) conclude this contract by booking and using the ObjectCode K3® Configurator to regulate the booking the booking and usage conditions. We offer commercial users the opportunity to use our configurators during the respective contract periods. The software is hosted in the cloud (Amazon AWS region Western Europe/Frankfurt) within the scope of the respective scopes of use and terms of use agreed between us for your agreed usage. This also includes sufficient and for the agreed use and foreseeable computing and storage capacity for the agreed use.
2 Configurator variants: Templates, editions, payment methods
We provide our configurators for different target groups (templates), in three functional scopes (Basic/Pro/Enterprise editions) and in two booking variants (monthly or annual term).
You can book a configurator directly via our website https://www.objectcode.de/, select a template and use it for the time being (during the trial period) with the service descriptions that it provides. You select the edition and the term when booking a chargeable variant (at the latest at the end of the trial period).
3. Commencement of the user relationship, cancellation
The fulfillment of the contract begins immediately after the execution of your booking. There is no right of cancellation, as the provision of services begins immediately with the booking in accordance with Section 312g (2) No. 1 BGB.
Test period
When you register for a new configurator, we will set it up in the 'Enterprise' edition and we grant you a test period of 30 days. During this test period, there are no fees for the use of K3. At the end of the trial period, further use is only possible by booking one of the Basic/Pro/Enterprise editions subject to a charge.
4 Payment, terms and cancellation
Payments
Payment for our configurators is made exclusively online via our payment service provider. Payment is always made in advance for the next contract term. Payment methods are at least Direct debit or credit card. Invoices are sent automatically by e-mail. There are two different payment methods / terms:
'Monthly' term
A configurator booked with a 'Monthly' term has a term of one month. The term is always automatically extended by a further month if you do not cancel it online (via your your administration access).
'Yearly' term
A configurator booked with an 'Annual' term has a term of one year. The term is always automatically extended by one further year if you do not cancel it online (via your your administration access).
5. prices
The prices stated on our website apply. We reserve the right to change these prices change these prices at any time. The prices agreed between us apply until the end of the current booking period. In the event of a price increase, you can (as without a price increase) always cancel at the end of the current booking period.
6. services
We shall ensure the provision of the software and the agreed services during the term of the contract. We will ensure any adjustments to the software, insofar as we consider these to be important. The services are set out in the descriptions on our websites. This SaaS contract becomes part of the agreement made online. For the fulfillment of this contract we may also use vicarious agents.
Any errors or defects, if and insofar as we are legally responsible for them, will be rectified by us. We are authorized to provide you with a new version of the software at our professional discretion software if we consider this to be expedient to rectify an error/defect. The provision will be provided free of charge in these cases.
Errors during setup or configuration by the customer himself or our partners do not fall under our obligation to rectify.
Access to the Internet and any problems that may arise directly and/or indirectly from this are not our actual and legal area of responsibility. This extends to the provision of the configurator software in the runtime environment specified under 1.
6.1 Support
Support is available to you free of charge by e-mail at 'support@objectcode.de' during our business hours. Our business hours are Monday to Friday from 9 a.m. to 5 p.m., except on national public holidays.
6.2 Extended support via partners
In the event of extensive support requirements and additional services over and above the free email support (6.1), such as additional features, customised programming, consulting, training or higher levels of support are offered by our K3 partners (see https://www.objectcode.de/partnernetzwerk-k3/) on request. Agreements made there do not affect this contractual relationship for the use of the K3 system.
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.
For use by resellers of your products, we offer a separate reseller license by means of which you can transfer a limited right of use to your resellers. You require one such license per dealer, if they wish to integrate the configurator on their website.
For the entire term of the contract, you grant us a non-exclusive right to use all information that you enter in the administration interface for setting up the configurator. For this information confidentiality is not agreed. This also includes the use of your company name and logo for reference purposes.
This granting of rights also applies to vicarious agents commissioned by us.
8 Obligations
You undertake to respect the rights of third parties during the entire term of the contract within the scope of the agreed use rights of third parties and not to violate applicable laws and regulations. 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 confidential and protected from misuse. This does not apply to such data, that end customers need to use the software as intended. You undertake not to negatively influence accessibility through your adaptations to the configurator. You undertake not to remove the text displayed by K3 and the link 'Powered by ObjectCode K3®' behind it, cover it or otherwise make it unrecognizable and/or unclickable.
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. You warrant that you have all necessary rights to the content provided by you. This data includes images, 3D models, CSS and JavaScript files that are executed in the end user's browser on a privileged basis and therefore have extensive access rights. Your responsibility therefore also includes activities in the end user's browser, insofar as they are based on this data. Furthermore, our contractual contents apply within the scope of the points Data security and data storage.
10. Data storage during and after the term of the contract
The data generated by the use of a configurator, whether by you and/or by the end customer, will be stored by us for the term of the contract and kept available in accordance with the contract. After termination of a contract, regardless of which of the two contracting parties, we will retain all data entered and stored in the course of use by you and the end customer for a maximum period of six months. On request, we will make this data available to you in summarized form. After the six months have expired, we will permanently delete the data. If you have booked several configurators with us, this regulation applies to the cancellation of the last configurator in use.
11 Limitations of liability
In accordance with the statutory provisions, we shall be liable without limitation for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty, injury to life, body or health which are based on an intentional or negligent breach of duty or an intentional or negligent breach of duty by one of our vicarious agents.
Furthermore, we are liable for the wilful or grossly negligent breach of material contractual obligations. These are obligations which directly enable the fulfillment of our services and on which you may rely. For all cases of simple negligence, we limit our liability to the damage typical for 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 secure the data you create 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 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
Since we process personal data on your behalf, depending on the setup of a configurator (e.g. when using the contact form) personal data on your behalf (e.g. when using the contact form), we offer you a contract for data processing on your behalf (AVV).'We will make this available to you digitally if you provide us with the responsible organization and the contact person in data protection matters.
15 Place of jurisdiction, applicable law
German law shall apply. The place of fulfillment 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 find a valid provision to replace the invalid provision(s) with an effective one.