LeanIX GmbH, Baunscheidtstraße 17, 53113 Bonn ("LeanIX") offers a web-based Enter-prise Architecture Management (EAM) software ("Software") that enables customers to effi-ciently capture and manage their IT inventory, analyse processes and costs (reporting), and collaborate across functions in a team.
Within this software LeanIX provides the LeanIX Store. Via this, customers can obtain con-tent provided by third parties ("Content Providers") that can supplement functions of the Software ("Third-Party Content"). These General Terms and Conditions ("GTC") regulate the provision of the LeanIX Store and the mediation of Third-Party Content by LeanIX.
These GTC apply to the free provision of the LeanIX Store by LeanIX to customer. General terms and conditions of customer do not become part of the contract.
The use of the LeanIX Store is only offered to companies in the sense of § 14 BGB. Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the contract.
The contract comes into being by acceptance of these GTC by customer with the purchase of Third-Party Content over the LeanIX Store.
LeanIX makes the LeanIX Store available to customer as a free supplement to the software provided to customer on the basis of a separate contract. Via the LeanIX Store, customer can obtain Third-Party Content from Content Providers either free of charge or for a fee.
The purchase of Third-Party Content is made by customer directly from the respec-tive Content Provider who offers the Third-Party Content in the LeanIX Store. LeanIX only provides customer and Content Provider with the mediation platform.
LeanIX is not a contracting party for contracts that customers conclude with Content Providers regarding the purchase of Third-Party Content. The contractual relationship regarding the procurement of Third-Party Content is the sole responsibility of the customer and the Content Provider.
LeanIX is not obliged to check Third-Party Content before publication. The respective Content Provider is solely responsible for the functionality of the Third-Party Content. This also applies if errors in the Third-Party Content impair the functionality of the remaining software, which customer obtains from LeanIX, without LeanIX being responsible for this.
The average annual availability of the LeanIX Store is 98%. Excluded from this are necessary planned maintenance work as well as disturbances which are not within the sphere of influence of LeanIX, such as force majeure in particular. LeanIX will inform customer about planned maintenance work in text form in due time. However, LeanIX expressly reserves the right to carry out unannounced maintenance work if necessary, especially if this is necessary for data and operational security.
LeanIX is entitled to commission subcontractors as vicarious agents to render services.
2.7 LeanIX is entitled but not obliged to extend and further develop the functional scope of the LeanIX Store and to change the functional scope of the Store at any time to any extent or to discontinue the Store completely.
The contract is concluded for an indefinite period and can be terminated by both parties with a notice period of 2 weeks.
Notice of termination must be given in writing.
If customer terminates the contract for the software, this also leads to the termination of this contract for the provision of the LeanIX Store.
Liability and warranty are governed by the statutory provisions.
Amendments to this contract must be made in writing. This also applies to this writ-ten form clause.
The set-off against claims of LeanIX is limited for the client to counterclaims which are undisputed or legally binding or which are in a synallagmatic relationship to the respective claim concerned.
If these GTC are provided to customer in two languages, the contractual language shall be German. In this case, translations into other languages are only for comprehensibility and are not legally binding.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions.
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Cologne, provided that the contracting parties are merchants or the customer does not have a general place of jurisdiction in Germany or in another EU member state or has moved his permanent place of residence abroad after these GTC become effective or the place of residence or usual place of abode is not known at the time the action is filed.
Version: November 2018