Terms of Support

1 Information obligations in electronic business transactions

Service provider
Flexoptix GmbH
Mühltalstr. 153
64297 Darmstadt (hereinafter „FLEXOPTIX“)

For more detailed information, see the imprint at https://www.flexoptix.net/en/legal/imprint/.

2 Definition of terms

(1) Customer: is the company in whose name the support services are used.
(2) Requester: is the person who files the support request with FLEXOPTIX.

3 Object of the contract

FLEXOPTIX shall provide its customers with support for the products manufactured and/or sold by FLEXOPTIX and services rendered by FLEXOPTIX free of charge according to the following provisions.

Support shall generally be provided by phone or unencrypted email.

Phone number +49 6151629040
Email (unencrypted) support@flexoptix.net
Support form www.flexoptix.net/en/contact/support/
Support languages German, English

The following information is needed to render the support services:
- complete name of the company, including the legal form;
- complete name of the requester (natural person);
- if applicable, phone number for inquiries or support by phone;
- valid email address (not for requests by phone).

4 Service time and service deadlines

(1) FLEXOPTIX generally provides the support during the common office hours.
(2) Email support and answers to requests via the support form will be provided at the latest after 3 working days.

5 Limitation of liability

FLEXOPTIX shall only be liable if the customer incurs any damage due to the contractual use of the free services, and only in case of intent (including malice) and gross negligence of FLEXOPTIX.
Apart from this, the warranty and liability shall be according to the legal provisions.

6 Duration of the contract , termination, erasure of data

6.1The contract shall commence on the day of the first support request.

6.2The contract shall be concluded for an indeterminate period of time. It may be terminated at any time with a period of notice of one (1) working day if there is no order pending.

6.3This shall not affect extraordinary termination for cause by either party. Cause for extraordinary termination shall be present if continuation of the contract relationship until the end of the contractual period of notice is not reasonable for the terminating party under consideration of all circumstances of the individual case and under consideration of the interests of both parties.

6.4Termination towards FLEXOPTIX shall be stated in text form.

6.5The contract shall end upon entering into effect of the termination.

6.6FLEXOPTIX will delete or anonymize any personal data generated in the scope of use irretrievably at the end of 30 days after the effective termination date and after the end of any statutory archiving periods.

7 Reservation of the right to make changes

7.1FLEXOPTIX reserves the right to change these free support services or these terms or to offer different services,

(a) as far as FLEXOPTIX is obligated to make the offered services correspond to applicable law, in particular if the applicable law changes;
(b) as far as FLEXOPTIX meets a court ruling or authority decision targeted against it;
(c) where the respective change is necessary to close existing security vulnerabilities;
(d) if the change is only beneficial for the customer; or
(e) if the change is purely technical or procedural in nature, without any essential effects for the customer.

7.2The respective support request is provided based on the Terms of Support valid at the time the request is submitted. They can be accessed at https://www.flexoptix.net/en/legal/agreement-support/.

8 Data protection

FLEXOPTIX shall treat personal data confidential and according to the statutory data protection provisions. For more details on this, see the data protection statement at https://www.flexoptix.net/en/legal/data-protection/.

9 Applicable law, choice of jurisdiction, contractual language

9.1Any legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, under exclusion of the laws on international purchase of movable goods. For consumers, this choice of law shall only apply as far as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his common place of residence.

9.2If the customer is an entrepreneur, legal entity of public law or public-law special fund, the exclusive place of jurisdiction for any disputes from this contract shall be the place of business of FLEXOPTIX. This shall apply accordingly if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or common place of abode is not known at the time the claim is raised. The right to call on a court in any other statutory place of jurisdiction shall not be affected by this.

9.3The contractual languages available are German and English.

As of: May 2018

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