Term & Condition

Scope of Application

1. These General Terms and Conditions (GTC) govern all contractual relationships between PackIntelX (“Provider”) and its customers (“Customer”) regarding the provision of the Software-as-a-Service platform (“Platform”), including integrated AI tools and chatbot functions.
2. The GTC shall apply exclusively to Customers who qualify as entrepreneurs within the meaning of § 14 German Civil Code (BGB), legal entities under public law, or special funds under public law within the meaning of § 310 (1) BGB.
3. The Provider´s GTC shall apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall also apply if the Customer refers to its own terms and conditions in the course of the order and the Provider does not expressly object. 
4. The version of the GTC in force at the time of the Customer´s order shall also apply as framework agreement to future contracts of the same nature, without the Provider being required to refer to them again in each individual case.
5. References to the applicability of statutory provisions are for clarification purposes only. Statutory provisions apply even without such clarification, insofar as they are not expressly modified or excluded by these GTC.

Formation of Contract

1. The presentation of services on the Provider´s website and the order form do not constitute a legally binding offer, but merely an invitation to the Customer to submit an order.
2. The Customer may select either a free sign-up or a paid subscription for the use of the Platform via the Provider’s website or web application. By completing the sign-up or subscription process and submitting the corresponding order form, the Customer makes a legally binding offer to conclude a contract under the conditions stated therein.
3. The contract shall be formed only upon the Provider’s acceptance, which occurs by sending an order confirmation to the Customer by email. Upon such confirmation, the Customer receives access credentials for the Platform.
4. For paid subscriptions, the Customer chooses between monthly or annual billing. Subscriptions are concluded for recurring payment periods (monthly or yearly, depending on the Customer’s choice) and automatically renew for the same period, unless the Customer terminates the subscription in accordance with these GTC.
5. Except as expressly agreed otherwise in writing, all fees are non-refundable. This applies in particular to subscription fees already paid for the ongoing billing period, regardless of early termination by the Customer.

Subject Matter of the Contract

1. The subject of the contract between the Provider and the Customer is the temporary provision of the Platform via the internet, including hosting, storage, and processing of data.
2. The Platform includes, in particular:

• Various Packaging analysis tools and surveys
• Possibilities to send inquiries, messages and receive quotations from PackIntelX as well as third parties
• access to AI-supported analysis and automation tools,
• chatbot functionalities for end-user communication, and
• management, storage, and evaluation of customer data.
• The Provider does not owe physical delivery of the software but only to provide online access.

Description of Services

1. The specific scope of services shall be determined by the individual offer leading to the conclusion of the contract, the order form, or the then-current description of services on the Provider´s website or webapp.
2. Statements and descriptions made by the Provider regarding the Platform in marketing materials, on websites, or in documentation are intended as a description of the nature of the Platform and do not constitute a guarantee or assurance of any characteristic.
3. The information and analysis from the Provider are based on publicly available information from EUR-Lex regarding the Regulation (EU) 2025/40 of European Parliament or their own methodology. This reflects a general interpretation for informational purposes only. It does not account for specific circumstances and should not be considered legal advice. The provider cannot guarantee the accuracy, completeness, or timeliness of the results and accept no liability for them.
4. The customer’s responses and personal details will be stored to generate results, for statistical analysis and follow up on the service in accordance with the privacy policy.
5. The Provider reserves the right to enhance or adapt the functionality of the Platform, provided that such changes do not materially impair the core functionalities of the Platform. If such a change is not acceptable to the Customer, the Customer may terminate the agreement with effect at the end of the then-current billing cycle. The right of termination must be exercised within six weeks of notification of the change.
6. Beta or test features may be made available for a limited period of time without any entitlement to availability or support and may be discontinued at any time without prior notice.

Rights of Use

1. For the term of the agreement, the Provider grants the Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Platform.
2. The disclosure of access credentials to third parties is strictly prohibited. In particular, the Customer shall not allow multiple persons to access the Platform via a single user account. Each user must have a separate account licensed by the Provider. In the event of a breach of this obligation, the Customer shall pay to the Provider a contractual penalty in the amount of EUR 2,500 per violation. If the Provider suffers damages exceeding this amount, the Provider may assert further claims, with the contractual penalty being credited against such damages.
3. The Customer shall not take any action that may result in disruption, interruption, or overloading of the Platform.
4. Reverse engineering, decompilation, or any other modification of the source code is prohibited.

No Legal Advice

1. All information, analyses, evaluations, recommendations, or other information provided by the Provider through the Platform, including references to legal regulations such as the EU Packaging Regulation (PPWR), are provided for general informational purposes only. 
2. Such content does not constitute individual legal advice. It does not replace legal review or consultation by a lawyer.
3. The Customer shall be responsible for independently verifying the applicability of such information to its specific circumstances and, where necessary, for obtaining appropriate legal advice. 
4. To the extent permitted by law, the Provider disclaims any liability for the accuracy, completeness, or legal applicability of such information. This exclusion of liability shall not apply where the inaccuracy or deficiency is the result of intentional misconduct or gross negligence on the part of the Provider.

Obligations of the Customer

1. The Customer shall be responsible for its own content and shall use the Platform exclusively in compliance with applicable laws and these GTC.
2. In particular, the Customer is obliged to:

• not store or distribute any illegal content,
• not introduce any malware,
• keep access data (username and password) confidential and protect it from third-party access.
• The Customer shall be responsible for the regular backup of its data, unless data backup is expressly part of the Provider´s contractual obligations. The Provider shall not be liable for data loss where the Customer has failed to perform adequate backups.
• In the event of further development of the Platform, it shall be the responsibility of the Customer, following notification by the Provider, to implement the necessary adjustments to its own IT infrastructure.

Prices, Payment Terms, and Term

1. Prices are determined by the billing model selected by the Customer (monthly or annual) and are quoted exclusive of applicable statutory value-added tax (VAT).
2. Invoices shall be payable without deduction within fourteen days of receipt.
3. In the case of annual billing, the minimum contract term shall be twelve months. Unless terminated by either party with three months´ notice prior to the expiry of the minimum term, the agreement shall automatically renew for successive twelve-month periods. In the case of monthly billing, the agreement shall be concluded for an indefinite term and may be terminated by either party with one month´s notice effective at the end of a calendar month.
4. Billing shall be effected by means of recurring payments (subscription) via the payment service provider engaged by the Provider. By entering into the agreement, the Customer authorizes the Provider to collect the agreed remuneration automatically on each due date.
5. Payment processing shall be carried out through external payment service providers (e.g. Stripe, PayPal). The processing of data by such providers is described in the Provider´s Data Privacy Policy. The Provider himself does not store any complete payment information of the Customer.
6. Except as expressly agreed otherwise in writing, all fees are non-refundable. This includes, without limitation, subscription fees for the ongoing billing period, prepaid amounts, and fees for unused Services, partial months, or early termination by the Customer.
7. The Provider shall be entitled to adjust the agreed fees if and to the extent that (i) the costs of providing the contractual services increase due to circumstances beyond the Provider’s control, in particular increases in costs for third-party hosting services, external software licenses, or statutory charges and levies; and (ii) the cost increase has a direct impact on the total cost structure of the Platform.The amount of the adjustment shall be limited to the proportionate share of the cost increase relevant to the affected services. In the event of a decrease in such costs, the Provider shall likewise be obliged to reduce the fees accordingly. The Provider shall notify the Customer of any price adjustment at least six (6) weeks prior to its entry into force. If the price adjustment results in an increase of more than [e.g., 5%] of the previous fee, the Customer shall have the right to terminate the Agreement in writing with effect from the date the adjustment takes effect.

Availability, Maintenance, and Support

• The Provider ensures an average annual availability of the Platform of 99.5%. Announced maintenance windows shall be excluded. Availability is calculated according to the following formula: Availability = (Total Time – Total Downtime) / Total Time * 100%
• Disruptions shall be addressed following notification by the Customer. The Provider shall use commercially reasonable efforts to remedy disruptions without undue delay, taking into account the severity and impact of the disruption.
• The Provider shall be entitled to carry out maintenance work that may result in temporary restrictions. The Provider shall notify the Customer of planned maintenance with reasonable advance notice. Such maintenance shall be performed, as far as possible, at times that are least disruptive for the Customer.
• Urgently required unscheduled maintenance may also occur. When possible, the Provider shall inform the Customer of such maintenance either by notice on the Platform or by email.

Data Protection and Data Security

1. The Provider shall process personal data exclusively in compliance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
2. Service and Product Communications: The Customer acknowledges and agrees that the Provider may contact the Customer (including the Customer’s designated users and contact persons) by email and via in-product messages with information necessary for the performance of this Agreement and the operation of the Platform, including account, security, billing and service-related notices, and information on new or changed features of the Platform. Marketing communications about the Provider’s products and services will be sent only where the Customer has given any consent required by applicable law and may be withdrawn at any time with effect for the future, e.g., by using the unsubscribe link in the message or by contacting the Provider. Further details are set out in the Provider’s Privacy Policy.
3. The servers used for the provision of the Platform are located exclusively within the European Union.
4. If the Provider processes personal data on behalf of the Customer (data processing on behalf), the parties shall conclude a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR before commencing such processing.
5. The Provider shall implement appropriate technical and organizational measures (TOMs) to protect stored data against loss, unauthorized access, or manipulation.

Liability

1. The Provider shall be liable without limitation in cases of intent, gross negligence, and for damages arising from injury to life, body, or health. Liability under the German Product Liability Act also remains unaffected.
2. In cases of simple negligence, the Provider shall be liable only for breaches of material contractual obligations, limited to foreseeable and typical damages for this type of contract.
3. Liability for data loss shall only be assumed if the Customer has backed up the data in accordance with the contractual agreements.

Modification of Services and Terms

1. The Provider shall be entitled to propose amendments to these GTC to the Customer at any time. The Customer shall be informed of the proposed amendments by email.
2. The proposed amendments shall take effect if the Customer expressly agrees to them, or if they concern of non-material changes and the Customer does not object.
3. In the case of non-material changes, the Customer shall be notified by email six weeks prior to the effective date of the changes. If the Customer does not object within this six-week period, the amendments shall take effect.
4. Amendments to these GTC resulting from changes in statutory provisions, final court judgments, or preliminary injunctions shall not be deemed material changes.

Final Provisions

1. These GTC and the contractual relationship between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law.
2. The exclusive place of jurisdiction, including for international disputes, for all claims arising directly or indirectly from the contractual relationship shall be the registered office of the Provider.
3. Should any provision of these GTC be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In place of the invalid/void provision, a valid provision shall apply that most closely reflects the intended purpose of the invalid/void provision, taking into account the principle of good faith.