General Terms & Conditions (GTC)

As of: June 2026

§ 1 Scope and contracting parties

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the provision and use of the "Notory" software (hereinafter "Notory" or "software") between TougeTech - Raphael Ernst, sole proprietorship, Brandenburger Str. 32, 21244 Buchholz i.d.N. (hereinafter "provider" or "we") and its customers (hereinafter "customer").

(2) Notory is provided either as a cloud-based service (Software-as-a-Service, "SaaS") or as a self-operated installation ("self-hosting") on the basis of a license. The specific scope of services results from the chosen plan (Community, Basic, Pro, Elite, Enterprise) as well as the respective order or individual offer.

(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to their validity in text form.

(4) The offer is directed at entrepreneurs (§ 14 BGB, German Civil Code), legal entities under public law, as well as consumers (§ 13 BGB). Consumers are entitled to the separately stated consumer rights (see Pre-contractual information and Withdrawal & cancellation).

§ 2 Subject matter and description of services

(1) Notory is a multi-tenant solution for the inventory and management of IT assets, networks, software, licenses, certificates, compliance requirements, and for the monitoring of systems. The modules enabled and the upper limits (e.g. number of assets, tenants) depend on the chosen plan.

(2) When used as SaaS, we make the software available ready for use over the internet. The customer accesses it via a web browser; no installation on the customer's side is required. The software remains on the infrastructure operated by us or our hosting service provider.

(3) When used in self-hosting, the customer receives the right to install the software on its own or commissioned infrastructure and to operate it within the scope of the license. In this case, operation, maintenance and data backup are the responsibility of the customer.

(4) The free "Community" variant is provided without remuneration and without any claim to support, availability or specific features. These GTC apply to it accordingly, insofar as they do not presuppose remuneration.

(5) Statements in product descriptions, demos or on the website do not constitute a guarantee of quality or durability unless they are expressly designated as such.

§ 3 Conclusion of contract

(1) The presentation of the plans on the website is not a binding offer but an invitation to submit an order or request.

(2) By submitting the order or request form, the customer makes an offer to conclude a contract. The contract is concluded when we confirm the order in text form (e.g. by e-mail), an individual offer is accepted by the customer, or we begin providing the service (e.g. provision of access or issuance of the license).

(3) The customer warrants that its details (in particular company name, address, contact data) are accurate and complete.

§ 4 Prices and payment terms

(1) The prices agreed at the time the contract is concluded apply. Unless stated otherwise, prices are exclusive of the applicable statutory VAT.

(2) The remuneration for paid plans consists of a plan-dependent base fee and a component based on the number of managed assets. Unless otherwise agreed, billing takes place in advance for the respective contract period.

(3) Invoices are due without deduction within 14 days of receipt. In the event of default in payment, the statutory default provisions apply. We are entitled to block access to paid services after an unsuccessful reminder and a reasonable grace period.

(4) The customer may only offset or exercise a right of retention with undisputed or legally established claims; this restriction does not apply to consumers.

§ 5 Term, renewal and termination

(1) The contract term follows from the order; by default it is twelve (12) months unless otherwise agreed.

(2) The contract renews for the original term unless terminated with one (1) month's notice to the end of the term. For consumers, a fixed-term contract only renews for an indefinite period and can then be terminated at any time with one month's notice (§ 309 no. 9 BGB).

(3) The right to extraordinary termination for good cause remains unaffected for both parties.

(4) Terminations require text form (e.g. e-mail to info@tougetech.de). The cancellation options are described under Withdrawal & cancellation.

(5) After the contract ends, the customer ceases use. In SaaS operation, we make the customer data stored in the system available for export for a period of 30 days and then delete it, unless statutory retention obligations prevent this.

§ 6 Rights of use (license)

(1) For SaaS use, we grant the customer a non-exclusive, non-transferable right for the term of the contract to use the software as intended over the internet.

(2) For self-hosting, we grant the customer a non-exclusive, non-transferable right for the term of the contract to install and operate the software within the licensed scope (plan, asset limit, modules). Passing on, sub-licensing or provision to third parties is not permitted without our prior consent in text form.

(3) The customer is not entitled to reverse-engineer, decompile or circumvent license or protection mechanisms of the software beyond the legally permitted cases (§§ 69d, 69e UrhG, German Copyright Act).

(4) Notory may contain open-source third-party components that are subject to their respective license terms; for those components, these terms take precedence over these GTC.

§ 7 Duties and obligations of the customer

(1) The customer keeps access credentials confidential, protects them from third-party access and informs us immediately of any indication of misuse. We recommend enabling two-factor authentication.

(2) The customer is responsible for the content and data it enters and for their legality. It ensures that it is entitled to process the (including personal) data it enters.

(3) The customer does not use the software unlawfully or in a manner that impairs the security, integrity or availability of the service.

(4) In self-hosting, the customer is responsible for the operation, updating, protection and backup of its installation.

§ 8 Availability, maintenance and support

(1) In SaaS operation we endeavour to provide a high availability of the software. Excluded from this are periods of scheduled maintenance and disruptions beyond our control (e.g. force majeure, upstream provider outages, internet disruptions).

(2) We are entitled to further develop, update and adapt the software, provided that the contractual scope of services is not thereby substantially restricted.

(3) The type and scope of support depend on the chosen plan. There is no claim to support for the free Community variant.

§ 9 Data protection and processing on behalf

(1) We process personal data in accordance with the Privacy Policy and the applicable data protection laws.

(2) Insofar as we process personal data on behalf of the customer within SaaS operation, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. The customer remains responsible for the lawfulness of the processing of the data it enters.

§ 10 Warranty

(1) For SaaS provision (a lease agreement with elements of a service contract) we warrant to provide and maintain the software in a condition suitable for contractual use. § 536b BGB and strict liability for initial defects under § 536a (1) alt. 1 BGB are excluded vis-à-vis entrepreneurs.

(2) Software is developed according to the state of the art; complete freedom from errors cannot be guaranteed. Insignificant impairments of usability are disregarded.

(3) Vis-à-vis consumers, the statutory warranty rights apply unchanged.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for damage from injury to life, body or health, under the Product Liability Act, and to the extent of a guarantee assumed by us.

(2) In the event of slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies - "cardinal obligation"), our liability is limited to the typically foreseeable damage.

(3) Otherwise, liability for slight negligence is excluded.

(4) We are liable for the loss of data only insofar as the damage would also have occurred with proper, regular data backup by the customer. In self-hosting, data backup is the responsibility of the customer.

(5) The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

§ 12 Force majeure

Events of force majeure that substantially impede or make our performance impossible (e.g. natural disasters, strikes, official measures, large-scale internet or power outages, upstream provider failures) release us from the obligation to perform for the duration of the disruption.

§ 13 Changes to the services and to these GTC

(1) We may change these GTC with effect for the future if this becomes necessary for a valid reason (e.g. change in the legal situation, supreme court rulings, technical development) and the customer is not thereby unreasonably disadvantaged.

(2) We notify the customer of changes in text form. They are deemed approved if the customer does not object within six (6) weeks of receipt; we will point this out separately. If the customer objects, both parties are entitled to terminate the contract with effect from when the change takes effect.

§ 14 Intellectual property and confidentiality

(1) All rights to the software, including trademarks, logos and documentation, remain with us or the respective rights holders. The customer only acquires the rights of use granted in these GTC.

(2) The parties treat confidential information of the other party confidentially and use it only for the performance of the contract.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory consumer protection provisions of the state of their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

§ 16 Dispute resolution

(1) The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our e-mail address is info@tougetech.de.

(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.