General Terms and Conditions for Business Customers

For business customers · As of 7 August 2026

General Terms and Conditions of Spectral World GmbH for software development, consulting, maintenance and support, and operations and cloud services. They apply exclusively to businesses, legal entities under public law, and special funds under public law.

These Terms are a translation. The German version is the authoritative text (Section 22 paragraph 4).

A. General Part

Part A applies to all contracts. Parts B to E apply in addition to the type of service they cover.

Section 1 Scope and contracting parties

These General Terms and Conditions (the “Terms”) apply to all contracts between Spectral World GmbH, Imberstraße 10, 76227 Karlsruhe, Germany (“Spectral World GmbH”), and its customers regarding software development, consulting, maintenance and support, and operations and cloud services.
These Terms apply exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), to legal entities under public law, and to special funds under public law. They do not apply to consumers within the meaning of section 13 BGB.
The General Part (Part A) applies to all contracts. The special conditions in Parts B to E apply in addition to the type of service they cover. In the event of conflict, the special conditions prevail over the General Part.
Conflicting, deviating, or supplementary terms and conditions of the customer do not become part of the contract, even if Spectral World GmbH does not expressly object to them or performs without reservation while aware of them. They apply only to the extent that Spectral World GmbH has expressly agreed to them in text form.
Individual agreements between the parties take precedence over these Terms (section 305b BGB).
The version of these Terms agreed at the time of conclusion of the contract also applies to future contracts of the same kind with the same customer, unless the parties agree otherwise.

Section 2 Version and amendment of these Terms

These Terms carry a date. The version in force at the time the contract is concluded applies. On request, Spectral World GmbH will send the customer that version in text form.
An amendment to these Terms does not affect contracts already concluded. For continuing obligations, Spectral World GmbH may offer an amended version in text form with six weeks' notice to the end of a month. The amended version takes effect if the customer agrees or does not object in text form by the effective date; Spectral World GmbH will point out the right to object and the consequences of silence separately in the offer of amendment. If the customer objects, either party may terminate the continuing obligation as of the effective date; until then, the previous version continues to apply.

Section 3 Conclusion of contract

Quotations by Spectral World GmbH are non-binding unless expressly designated as binding. Quotations designated as binding are binding for 30 calendar days from the date of the quotation.
The contract is concluded by the customer accepting the quotation in text form, by order confirmation from Spectral World GmbH, or by Spectral World GmbH commencing performance.
Declarations in connection with the contract require text form (section 126b BGB). Email is sufficient.

Section 4 Contract documents and order of precedence

Where contract documents conflict, the following order of precedence applies:
1. individual agreements between the parties in text form,
2. signed contract or order confirmation,
3. statement of work, specification, or other description of services,
4. service level agreement,
5. special conditions of these Terms (Parts B to E),
6. General Part of these Terms (Part A),
7. price list.
The data processing agreement under Article 28 GDPR prevails over all other contract documents in matters of data protection law.
Where an engagement covers several types of service, the relevant special conditions apply to each type. Where a service cannot be clearly assigned, the main focus of the service owed is decisive.

Section 5 Subject matter of the services

Type, scope, and content of the services follow from the quotation, the order confirmation, and the statement of work. Public statements, advertising, presentations, and product demonstrations do not in themselves create an obligation to perform.
The legal nature of a service follows from the special conditions. Absent an express assignment, consulting and time-and-material services are service contracts; services with an agreed, delimitable result are contracts for work.
Spectral World GmbH is free to choose methods, tools, and personnel unless agreed otherwise.
Spectral World GmbH may use subcontractors. It is liable for their performance as for its own. Section 15 applies in addition where sub-processors are engaged.

Section 6 Dates, deadlines, and effort estimates

Dates are binding only if expressly agreed as binding in text form.
Effort estimates are non-binding forecasts based on the information known when they are given. They are neither a fixed price nor a fixed date.
Deadlines are extended reasonably for as long as the customer fails to meet its duties to cooperate, approvals are outstanding, or changes are agreed under Section 8, in each case plus a reasonable restart period.
Before asserting rights on grounds of default, the customer shall set a reasonable grace period of at least two weeks, unless setting a period is dispensable by law.
All times and dates in these Terms and in the contracts concluded on their basis refer to the statutory time of the Federal Republic of Germany (Europe/Berlin time zone, Central European Time or Central European Summer Time). This applies in particular to times of day, service hours, maintenance windows, response and restoration times, and the start and end of periods.

Section 7 Duties of the customer to cooperate

The customer shall provide the cooperation required for performance in good time, in full, and free of charge. This includes in particular:
- naming a contact person with decision-making authority and a deputy,
- providing the necessary information, functional requirements, interface descriptions, and test data,
- access to systems, networks, premises, and workstations, together with the necessary authorisations,
- providing the necessary licences and rights to supplied software, content, and data,
- prompt review, testing, and approval of interim results.
Approvals, feedback, and decisions are given within five business days of being requested, unless agreed otherwise.
The customer warrants that it is entitled to provide the data, content, and software it supplies.
The customer shall back up its data in line with the state of the art at appropriate intervals, at least on each business day, and shall test deliveries in a suitable test environment before productive use.
If the customer fails to meet its duties to cooperate in time or in full, the affected dates shift accordingly. Demonstrable additional effort and idle time of the personnel scheduled is remunerated on a time-and-material basis at the agreed rates. Further statutory rights remain unaffected.

Section 8 Change procedure

Either party may request changes to the agreed scope of services in text form.
Spectral World GmbH examines the effects on effort, remuneration, dates, and service content and submits a change proposal. Where the examination involves substantial effort, it is remunerated on a time-and-material basis; Spectral World GmbH will say so before starting the examination.
Until agreement on a change is reached, work continues on the basis of the existing contract.
Agreed changes require text form and become part of the contract.

Section 9 Remuneration, payment, set-off

Remuneration is at a fixed price or on a time-and-material basis in accordance with the quotation. Absent an agreement, the price list of Spectral World GmbH valid at conclusion of the contract applies.
Where billing is on a time-and-material basis, the services actually rendered are billed in units of 15 minutes and documented in a service record. Objections to a service record must be raised in text form within ten business days of receipt.
Travel time and travel and accommodation costs are remunerated in accordance with the price list. Absent an agreement, travel time is remunerated at 50 percent of the agreed hourly rate and travel and accommodation costs are reimbursed as actually incurred.
All prices are net, plus value added tax at the applicable statutory rate.
Billing is monthly at the end of the month or according to agreed milestones. For fixed-price services running longer than two months, Spectral World GmbH may bill monthly according to progress.
Invoices are payable in full within 14 calendar days of receipt.
In the event of default in payment, the statutory provisions apply, in particular section 288 paragraphs 2 and 5 BGB.
If the customer is more than 14 calendar days in default with a payment due, Spectral World GmbH may withhold performance until payment is made, after prior notice in text form and the fruitless expiry of a reasonable period.
The customer may set off only against claims that are undisputed or have been finally determined by a court. It has a right of retention only where its counterclaim arises from the same contractual relationship.

Section 10 Rights in the work results

“Work results” are the contractually owed results created individually for the customer, in particular source code, configurations, scripts, data models, concepts, and documentation.
The customer receives in the work results an exclusive, geographically and temporally unlimited, irrevocable, transferable, and sublicensable right of use for all known types of use, including the right to modify, further develop, and reproduce them.
The transfer of rights under paragraph 2 is subject to the condition precedent of full payment of the remuneration attributable to the service concerned. Until then, the customer receives a simple, revocable right to use the results in accordance with the contract.
All rights in pre-existing know-how, methods, tools, libraries, frameworks, generators, and reusable standard components that were created before or independently of the engagement, or that are of general applicability, remain with Spectral World GmbH. Where such components are embedded in work results, the customer receives in them a simple, geographically and temporally unlimited, transferable right to use, modify, and further develop them as part of the work results. Spectral World GmbH remains entitled to use these components for other customers and for its own purposes.
Spectral World GmbH may freely reuse ideas, concepts, procedures, and general knowledge and experience acquired during performance, provided that no obligations under Section 14 are breached and no work results of the customer are disclosed.
Spectral World GmbH may place a customary copyright notice in parts of the source code that are not publicly visible.
Rights going beyond this, in particular the transfer of exclusive rights in pre-existing components, require a separate agreement and separate remuneration.

Section 11 Open source and third-party components

Spectral World GmbH may use open source components and third-party software.
The respective licence terms take precedence for these components. The rights under Section 10 are determined and limited accordingly.
Components with strong copyleft effect that could trigger a disclosure obligation for the customer's work results are used only with the customer's prior consent in text form.
On the customer's request, Spectral World GmbH compiles a list of the components used for a work result, with name, version, and licence, and hands it over to the customer.
Spectral World GmbH gives no warranty for third-party software supplied or specified by the customer.

Section 12 Use of artificial intelligence tools

Spectral World GmbH uses tools based on artificial intelligence when providing its services, in particular language models for writing code and for processing text and data. They are used under professional review by the personnel deployed. Responsibility for the work result remains in full with Spectral World GmbH.
Confidential information and personal data of the customer are entered into such tools only where the provider of the tool is bound to confidentiality, use of the input to train its models is contractually excluded, and, where personal data is concerned, the requirements of the data processing agreement are met.
The customer may object in text form to the use of such tools for its data and content. Spectral World GmbH will inform the customer of the effects on effort and dates; Section 8 applies accordingly.
Parts of the work results generated by machine without a formative human contribution do not enjoy copyright protection under the law as it currently stands. To that extent, Spectral World GmbH can neither grant exclusive rights nor warrant that third parties will not use equivalent results. Sections 10 and 13 otherwise remain unaffected.

Section 13 Third-party intellectual property rights

Spectral World GmbH shall indemnify the customer against justified third-party claims arising because the contractual use of the work results in the Federal Republic of Germany infringes third-party industrial property rights or copyrights.
This is conditional on the customer notifying the claim in text form without undue delay, not acknowledging or settling any claim without the consent of Spectral World GmbH, leaving the conduct of the dispute to Spectral World GmbH, and supporting it reasonably.
Spectral World GmbH may, at its option, modify the affected work result, replace it with an equivalent, or obtain the necessary rights of use.
No claims exist to the extent that the infringement results from items or specifications supplied by the customer, from changes made by the customer, from use contrary to the contract, or from combination with components not supplied by Spectral World GmbH.
The indemnity is limited in amount to the limits set out in Section 17.

Section 14 Confidentiality

Confidential information means all information a party receives from the other in connection with the contract that is designated as confidential or is to be regarded as confidential in the circumstances, including trade secrets within the meaning of the German Trade Secrets Act.
The parties use confidential information exclusively for the purposes of the contract and disclose it only to employees, officers, advisers, and subcontractors who need it to perform the contract and who are bound to equivalent confidentiality.
Both parties take confidentiality measures appropriate to the circumstances and in line with the state of the art.
The obligations do not apply to information that is or becomes generally known without breach of this contract, that was already known to the receiving party, or that it lawfully obtained from third parties or developed independently. Where disclosure is required by law or by an authority, the disclosing party shall inform the other party in advance to the extent legally permitted.
The obligations continue for three years after the end of the contract; for trade secrets they apply without time limit for as long as the requirements of a trade secret are met.
On request, confidential information shall be returned or deleted after the end of the contract. This does not apply to documents subject to statutory retention obligations, or to copies made as part of routine backups; the duty of confidentiality continues to apply to these.

Section 15 Data protection

The parties comply with the applicable data protection law.
Where Spectral World GmbH processes personal data on behalf of the customer, the parties conclude a data processing agreement under Article 28 GDPR before processing begins. It governs in particular the subject matter, duration, nature, and purpose of the processing, the technical and organisational measures, the use of sub-processors, and any transfers to third countries.
The customer is the controller within the meaning of the GDPR.
Test and development environments should not contain real personal data. If the customer nevertheless provides real personal data, it bears the data protection responsibility for doing so and takes the necessary measures.

Section 16 Deployment of personnel

Employees of Spectral World GmbH act exclusively under a service contract or a contract for work. The provision of temporary agency workers is not the subject of these Terms or of the contracts concluded on their basis.
The customer has no employment-law authority to issue instructions to the personnel deployed. There is no integration into the customer's business organisation. Coordination on technical matters takes place through the designated contact persons.
The customer shall refrain from acts capable of establishing integration, in particular approving leave and working hours, issuing instructions on place and time of work beyond what performance requires, and listing the personnel in internal organisation charts or distribution lists as if they were its own staff.
Spectral World GmbH may replace the personnel deployed, provided that proper performance is maintained.

Section 17 Liability

Spectral World GmbH is liable without limitation for intent and gross negligence, for injury to life, body, or health, for fraudulent concealment of a defect, where a guarantee has been assumed, and under the German Product Liability Act.
In cases of simple negligence, Spectral World GmbH is liable only for breach of material contractual obligations. Material obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion.
Liability under paragraph 2 is limited per event of damage to the net order value of the engagement concerned, and for continuing obligations to the net remuneration payable for twelve months. For all events of damage within one calendar year, liability under paragraph 2 is limited in aggregate to twice that amount.
For loss of data, Spectral World GmbH is liable in accordance with paragraphs 1 to 3, but in cases of simple negligence only up to the amount of the effort that would have been required for recovery had the customer backed up its data properly and regularly (Section 7 paragraph 4).
The limitations in this Section also apply to the personal liability of the officers, employees, representatives, and vicarious agents of Spectral World GmbH.
Claims of the customer for damages become time-barred one year after the statutory start of the limitation period. This does not apply to claims under paragraph 1, nor to claims for defects, for which Section 26 applies.
The above provisions do not entail a change in the burden of proof to the detriment of the customer.

Section 18 Force majeure

Events of force majeure that substantially impede or prevent performance release the affected party from its obligation to perform for the duration of the disruption and to the extent of its effect. These include in particular natural events, epidemics, war, acts of terrorism, industrial action, measures by public authorities, and large-scale failures of power, network, or telecommunications infrastructure for which the affected party is not responsible.
The affected party shall inform the other party without undue delay in text form and shall make reasonable efforts to remedy the disruption.
If the disruption lasts longer than three months, either party may terminate the affected contract in text form. Services already rendered shall be remunerated.

Section 19 Third-party services and inputs

Where a service relies on services, interfaces, libraries, models, or other inputs of third parties, Spectral World GmbH owes neither their continued availability nor their unchanged continuation.
If a third party changes, restricts, or discontinues its service, this does not constitute a defect. Spectral World GmbH will inform the customer without undue delay and, where possible, submit a change proposal under Section 8. The adaptation effort is remunerated on a time-and-material basis unless agreed otherwise.
If adaptation is not possible with reasonable effort, either party may terminate the affected part of the services in text form. Services already rendered shall be remunerated.
Paragraph 2 does not apply to the extent that Spectral World GmbH is responsible for the change or knew or ought to have known of it at the time the contract was concluded.

Section 20 Accessibility

Accessibility requirements form part of the services owed only where they are expressly agreed in the description of services, stating the applicable standard or legal provision, the conformity level sought, and the test procedure.
The customer states before conclusion of the contract which accessibility requirements apply to its product or service. Determining the legal framework applicable to it is the customer's responsibility.
Where requirements are agreed, Spectral World GmbH demonstrates compliance as part of the acceptance procedure using the agreed test procedure.

Section 21 Regulatory requirements of the customer

Where the customer is subject to particular supervisory or security requirements and wishes to pass them on to Spectral World GmbH, for example requirements arising from the implementation of the NIS 2 Directive, from the Digital Operational Resilience Act, or from banking supervisory rules, it shall say so in text form before the contract is concluded.
Such requirements become part of the contract only if expressly agreed. They require a separate agreement on scope, evidence, audit and information rights, notification paths, and remuneration.
They are not incorporated through the customer's purchasing conditions, supplier policies, or codes of conduct; Section 1 paragraph 4 applies accordingly.

Section 22 Final provisions

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is Karlsruhe, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. Spectral World GmbH is also entitled to sue at the customer's general place of jurisdiction.
The place of performance is Karlsruhe.
The language of the contract is German. Translations of these Terms are for information only; in the event of discrepancies, the German version prevails.
Amendments and additions to the contract require text form. This also applies to any amendment of this text form requirement. The precedence of individual agreements under section 305b BGB remains unaffected.

B. Special conditions for software development

Applies in addition to Part A to the creation, adaptation, and integration of software with an agreed result (contract for work).

Section 23 Subject matter and legal nature

The subject matter is the creation, adaptation, or integration of software in accordance with the agreed description of services.
These services are works within the meaning of contract law. Sections 631 et seq. BGB apply unless these Terms provide otherwise.

Section 24 Specification and iterative delivery

The basis is the description of services agreed at conclusion of the contract. Where the specification is only developed during the project, drawing it up is a separate service subject to remuneration.
Where the parties agree an iterative approach, the following applies: the scope is defined per iteration, the result of each iteration is accepted under Section 25, and prioritising the backlog is the customer's responsibility. This does not constitute a commitment as to the overall scope of all iterations.
Spectral World GmbH shall notify the customer in text form where the customer's specifications are evidently unsuitable or contradictory.

Section 25 Acceptance

The customer shall accept the work as soon as it has the agreed characteristics. Partial acceptance of delimitable parts is permitted and agreed where the description of services identifies partial deliverables.
Spectral World GmbH notifies readiness for acceptance in text form. The customer inspects the work within 14 calendar days and either declares acceptance or identifies the defects in text form.
Acceptance may not be refused on account of immaterial defects. Such defects are remedied under Section 26.
If the customer neither accepts the work within the period under paragraph 2 nor identifies defects in text form within that period, the work is deemed accepted. Spectral World GmbH will point out this consequence separately in the notice under paragraph 2. Section 640 paragraph 2 BGB remains unaffected.
If the customer uses the work productively, it is deemed accepted 30 calendar days after productive use begins, unless the customer identifies material defects in text form within that period.
An acceptance record is drawn up in text form.

Section 26 Claims for defects

A defect exists where the work deviates from the agreed characteristics. Insignificant deviations and impairments that restrict use no more than marginally are not defects. The parties agree that, according to the state of the art, software cannot be produced entirely free of errors.
The customer shall report defects in text form without undue delay after discovery and describe them so that they can be reproduced.
Spectral World GmbH shall first provide supplementary performance by remedying the defect or by producing a new work, at its option. It may offer the customer a reasonable workaround where this impairs use no more than marginally.
Only after a reasonable grace period has failed is the customer entitled to the further statutory rights.
Claims for defects become time-barred twelve months after acceptance. This does not apply in cases of intent, fraudulent concealment of a defect, assumption of a guarantee, or in the cases under Section 17 paragraph 1; the statutory periods apply in those cases.
There are no claims for defects to the extent that the defect results from the customer having modified the work, operated it improperly, used it in an environment not agreed, or used it contrary to the documentation, unless the customer proves that the defect is not attributable to this.
Where a defect report is not based on a defect, Spectral World GmbH may charge for the effort incurred on a time-and-material basis if the customer is responsible for the report.

Section 27 Source code and documentation

The customer receives the source code of the work results, including the build and configuration files required to produce a running version, unless agreed otherwise. Handover takes place on acceptance in a customary electronic format or via a repository designated by the customer.
User documentation is produced where agreed. Technical documentation is handed over to the extent required for operation and further development by knowledgeable personnel.

Section 28 Termination of the contract for work

The customer's right of free termination under section 648 BGB remains unaffected.
If the customer terminates freely, Spectral World GmbH may claim the agreed remuneration; it must allow to be credited what it saves in expenses as a result of the cancellation, or acquires or wilfully fails to acquire through other use of its labour. Section 648 sentence 3 BGB remains unaffected.
The right of either party to terminate for good cause remains unaffected.
On termination, the work results produced up to that point shall be handed over in their existing state. Section 10 paragraph 3 applies accordingly.

C. Special conditions for consulting and time-and-material services

Applies in addition to Part A to consulting, analysis, conception, training, and other services rendered on a time-and-material basis (service contract).

Section 29 Subject matter and legal nature

The subject matter is the professional performance of the agreed activity. No particular result is owed.
These are services within the meaning of contract law. Sections 611 et seq. BGB apply unless these Terms provide otherwise. There is no acceptance procedure, and no claims for defects under the law on contracts for work.
Decisions the customer takes on the basis of recommendations by Spectral World GmbH are taken on its own responsibility. No legal or tax advice is provided.

Section 30 Performance and records

Services are rendered with the care of a competent specialist firm and in line with the recognised state of the art.
Time spent is recorded and billed in accordance with Section 9 paragraph 2.
Where a volume of services is agreed as a retainer, the following applies: the volume is drawn down as used; unused portions lapse twelve months after conclusion of the contract unless agreed otherwise. Spectral World GmbH will give timely notice in text form before the lapse.
Where a service is not rendered professionally, Spectral World GmbH will render it again at no additional charge upon complaint by the customer. The complaint must be raised in text form within ten business days of becoming aware.

Section 31 Cancellation and postponement of agreed dates

Where the parties agree fixed on-site days, workshops, or other appointments, the customer may cancel or postpone them in text form free of charge up to ten business days before the date.
For a later cancellation or postponement, 50 percent of the remuneration agreed for the date falls due; for a cancellation or postponement less than five business days before the date, 100 percent. Travel and accommodation costs already incurred that can no longer be cancelled are to be reimbursed in addition.
Spectral World GmbH must allow to be credited what it earns by putting the freed capacity to other use. The customer remains free to prove that no expense, or a substantially lower expense, was incurred.

Section 32 Term and termination

Service contracts concluded for an indefinite period may be terminated by either party in text form with four weeks' notice to the end of a month, unless agreed otherwise.
The right to terminate for good cause remains unaffected.
Services rendered up to the effective date of termination shall be remunerated.

D. Special conditions for maintenance and support

Applies in addition to Part A to the maintenance of, and support for, software already delivered or operated.

Section 33 Subject matter

Depending on the agreement, the subject matter is the remedying of malfunctions, the provision of updates and security patches, adaptation to changed environments, and support for users.
Services beyond the agreed scope, in particular further development and new features, must be commissioned separately and are remunerated on a time-and-material basis.
Remedying malfunctions is a service unless a result is expressly agreed.

Section 34 Service hours, severity classes, and response times

Service hours, severity classes, response and restoration times follow from the service level agreement. Absent a separate agreement, service hours are Monday to Friday from 9 a.m. to 5 p.m., excluding public holidays at the registered office of Spectral World GmbH, and the response follows within one business day.
Response time is the period between receipt of a complete fault report and the start of work on it.
The customer reports malfunctions through the agreed channel with a comprehensible description, the effects, and, where possible, the steps to reproduce them.
Periods during which work is suspended for lack of cooperation by the customer are not counted towards response and restoration times.

Section 35 Remuneration and price adjustment

Remuneration is a monthly or annual flat fee unless agreed otherwise; it is payable in advance.
Spectral World GmbH may adjust the remuneration at the earliest twelve months after the start of the contract, and thereafter no more than once in any twelve-month period, to the extent that its costs of performance have changed, in particular personnel, licence, or infrastructure costs. The adjustment must be notified to the customer in text form at least eight weeks before it takes effect, together with reasons.
If the remuneration increases by more than five percent compared with the previous remuneration, the customer may terminate the contract in text form as of the effective date of the adjustment. Spectral World GmbH will point out this right in the notice under paragraph 2.
Cost reductions shall be taken into account in the adjustment in the same way as cost increases.

Section 36 Term and termination

The contract runs for twelve months from the start of the contract and is extended by a further twelve months in each case unless terminated in text form with three months' notice to the end of the term.
The right to terminate for good cause remains unaffected.
After the end of the contract, Spectral World GmbH supports the customer at its request in handing over to the customer or a third party. This support is remunerated on a time-and-material basis.

E. Special conditions for operations and cloud services

Applies in addition to Part A to the operation of software and infrastructure by Spectral World GmbH and to the provision of software for use over the internet.

Section 37 Subject matter and right of use

The subject matter is the operation of the agreed applications and infrastructure and, where agreed, the provision of software for use over the internet for the term of the contract.
For the term, the customer receives a simple, non-transferable right to use the operated software for its own purposes within the agreed scope. There is no claim to the source code of operated standard software. Section 10 remains unaffected for individually created work results.
The provision of software for use over the internet is of the nature of a lease. Section 536a paragraph 1 first alternative BGB (strict liability for defects existing at the outset) does not apply.
The handover point is the exit of the data centre used by Spectral World GmbH. The customer's internet connection is not part of the contract.

Section 38 Availability and maintenance windows

The agreed availability follows from the service level agreement. Absent a separate agreement, availability is 99 percent on a monthly average, measured at the handover point.
Announced maintenance windows, periods of force majeure, disruptions outside the sphere of responsibility of Spectral World GmbH, and outages for which the customer is responsible do not count as downtime.
Plannable maintenance is announced at least five business days in advance and, where possible, carried out outside usual business hours. Security-critical measures may be carried out without advance notice; the customer is informed without undue delay.

Section 39 Customer data and backups

The customer remains the owner of the data it brings in. Spectral World GmbH processes this data exclusively within the scope of the contract and the data processing agreement.
Spectral World GmbH creates backups at the agreed intervals. Absent a separate agreement, backups are made daily and retained for 30 days.
Restoring data from a backup at the customer's request is remunerated on a time-and-material basis unless Spectral World GmbH is responsible for the cause.

Section 40 Customer obligations and suspension

The customer uses the services only within the agreed scope and within applicable law. It protects access credentials from third-party access and informs Spectral World GmbH without undue delay of any suspected misuse.
The customer is responsible for the content it uploads and shall indemnify Spectral World GmbH against justified third-party claims arising from unlawful content or from use contrary to the contract. Section 13 paragraph 2 applies accordingly.
Spectral World GmbH may temporarily suspend access where there is reasonable suspicion of unlawful use or of use endangering system security, or where suspension is necessary to avert substantial damage. The customer is informed without undue delay; the suspension is lifted as soon as its cause has ceased to apply.

Section 41 Remuneration and term

Remuneration is a flat fee per billing period, payable in advance, unless agreed otherwise. Usage-dependent elements are billed in arrears.
Section 35 paragraphs 2 to 4 apply accordingly to price adjustments.
Section 36 paragraphs 1 and 2 apply accordingly to term and termination.

Section 42 Termination and data export

After the end of the contract, Spectral World GmbH makes the customer's data available for export for 30 calendar days in a common, machine-readable format. Effort going beyond this, in particular preparation in a specific target format, is remunerated on a time-and-material basis.
After the period under paragraph 1 has expired, Spectral World GmbH deletes the data unless statutory retention obligations prevent this. Deletion is confirmed in text form on request.
Support with migration to another provider is remunerated on a time-and-material basis.

Annexes

The following documents become part of the contract to the extent that they are expressly incorporated in the contract or in the order confirmation:

statement of work, specification, or description of services,
price list,
service level agreement,
data processing agreement under Article 28 GDPR, including its annexes (technical and organisational measures, sub-processors).