General Terms and Conditions

of Novamag GmbH; status: 01/2026

§ 1 Scope of application and contracting parties

1. Novamag GmbH, Senefelder-Ring 14, 21465 Reinbek (hereinafter "Provider"), operates the cloud-based Software-as-a-Service platform "Novamag".
2. These General Terms and Conditions apply to all contracts for the use of the platform between the Provider and its customers, irrespective of whether they are consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 BGB.
3. Deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity.
4. The version of these GTC valid at the time the contract is concluded shall apply.

§ 2 Registration, free period of use and conclusion of contract

1. Registration on the platform does not initially result in a fee-based contract.
2. After registration, the customer receives free, time-limited access to an extended range of functions on the platform for a period of 14 days without having to deposit a means of payment.
3. The free usage period ends automatically after 14 days. At the end of this period, the user account is automatically paused.
4. After the free usage period has expired, the customer can actively decide whether to use
   - a permanently free tariff with a limited range of functions or
   - a chargeable tariff.
5. A chargeable contract is only concluded if the customer selects a chargeable tariff, deposits a means of payment and completes the booking process.
6. Tariffs with an individually agreed scope of services ("Enterprise") are only concluded by separate contractual agreement.

§ 3 Subject matter of the contract

1. The subject of the contract is the temporary provision of the software "Novamag" via the Internet (Software as a Service).
2. The specific scope of services is determined by the respective plan booked, any add-ons booked or individual agreements.
3. The customer receives a simple, non-transferable right of use, limited to the term of the contract, to use the platform in accordance with the contract.

§ 4 Free tariff (Free Plan) and support

1. The Provider shall provide a permanent free plan with a limited range of functions.
2. Standard support with standard response times is also available to the customer in the free plan. There is no entitlement to prioritised support, guaranteed response times or extended support services.

§ 5 Add-ons

1. Add-ons can be booked at any time, are available immediately and are invoiced and charged directly.
2. Payment is made pro rata in accordance with the remaining term of the main tariff.
3. Add-ons are always linked to the main tariff, are automatically extended together with it and end when the main tariff ends.
4. It is only possible to downgrade or deselect individual add-ons at the end of the term of the main tariff. No refunds will be made.

§ 6 Hosting and infrastructure

1. The platform is operated as a cloud-based SaaS solution using external subcontractors.
2. Short-term unavailability, including by the service providers used, is part of the agreed nature of the service.
3. The provider monitors the systems and endeavours to rectify faults as quickly as possible. There is no entitlement to uninterrupted availability.

§ 7 Remuneration, payment processing and enterprise plans

1. Payment is based on the tariff, term and add-ons booked.
2. Billing takes place monthly or annually in advance. A discount of up to 20% can be granted for annual payment.
3. Payment is processed via Stripe. The provider is authorised to adjust the payment methods offered at any time.
4. Enterprise plans are fully customised (term, scope of services, remuneration, payment terms).
5. Individual agreements take precedence over these GTC.

§ 8 Change of plan

1. Upgrades take effect immediately and are billed pro rata.
2. Downgrades take effect at the end of the respective billing period.

§ 9 Contract term and cancellation

1. The contract term depends on the billing and term model selected by the customer (monthly or annual).
2. Monthly term: The contract is automatically extended by a further month unless cancelled at the end of the current period.
3. Annual term: The contract is automatically renewed for a further year unless cancelled at the end of the current period.
4. Cancellation is only possible at the end of the respective term and must be actively cancelled by the customer using the cancellation function in the user account.
5. If cancellation is not made in due time, the contract is automatically extended by the previously selected term (monthly or annually).
6. Add-ons are always extended in parallel with the main tariff.

§ 10 Right of cancellation for consumers

1. Consumers are generally entitled to a statutory right of cancellation.
2. However, the right of cancellation expires in accordance with Section 356 (5) BGB if the provider has begun to perform the digital service after the customer has expressly consented to the provider beginning the service before the expiry of the cancellation period and the customer has confirmed his knowledge that he loses his right of cancellation as a result of this consent.
3. Consent and confirmation shall be given during the booking process.

§ 11 Default of payment, blocking and final cancellation

1. In the event of late payment or failed payment, the provider is authorised to block access to the platform and take content offline.
2. If there is no full settlement of outstanding debts within 90 days, the provider is authorised to permanently delete the user account.
3. The customer has no claim to restoration, surrender or utilisation of their content.

§ 12 Termination of the contract and data availability

1. Access to the platform and the publication of content ends at the end of the contract.
2. There is no entitlement to surrender, export, transfer or backup of the content or data created within the platform, unless there is a legal obligation or express individual agreement.

§ 13 Cancellation of the customer account

1. The customer can delete their user account at any time.
2. Upon deletion, all content is irrevocably deleted, subject to statutory retention obligations.

§ 14 Legal offences

1. In the event of illegal or extremist content or content that violates the rights of third parties, the provider is authorised to take content offline and to block or delete accounts.

§ 15 Liability

1. The provider shall be liable without limitation in the event of intent, gross negligence or injury to life, limb or health.
2. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.
3. Any further liability is excluded.

§ 15a Extended liability for enterprise contracts

1. If expressly agreed, the provider shall be liable for slightly negligent breach of material contractual obligations up to a contractually agreed maximum liability amount.
2. Unless otherwise agreed, this is twice the net remuneration paid in the last contract year.
3. This provision applies exclusively to the respective Enterprise contract.

§ Section 16 Data protection, GDPR and order processing

1. The Provider processes personal data in accordance with the GDPR.
2. The Customer shall conclude a separate order processing agreement (AVV) with the Provider, which must be concluded digitally within Novamag.
3. Subcontractors are in particular: Stripe, DigitalOcean, Hetzner Online GmbH, BunnyWay, Sentry, CleverPush, Intercom
4. The technical and organisational measures (TOMs) are documented separately and are not part of these GTCs.

§ 17 Place of fulfilment and jurisdiction

1. The place of fulfilment is the registered office of the provider.
2. For entrepreneurs, the place of jurisdiction is the registered office of the provider.
3. For consumers, the statutory provisions apply.

§ 18 Final provisions

1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.