Terms & Conditions (T&C)

XantoSoft – Owner: Daniel Rieger
Röhrchenstraße 35, 58452 Witten, Germany
Email: info@xantosoft.de
Sole proprietorship • Small business regulation pursuant to Sec. 19 German VAT Act

(1) These T&C apply to all contracts between XantoSoft and customers that qualify as businesses within the meaning of Sec. 14 German Civil Code (BGB).

(2) Contracts with consumers (Sec. 13 BGB) are not concluded.

(3) Deviating terms of the customer only become part of the contract if expressly approved in writing by XantoSoft.

(1) XantoSoft offers software products for purchase, hardware (e.g. tablets and accessories) as well as services in the field of software and app development.

(2) Support and maintenance services are provided only within the scope of statutory warranty or on the basis of separate maintenance agreements.

(3) The specific scope of services is defined in the individual offer issued by XantoSoft.

(1) The presentation of services on the website does not constitute a binding offer.

(2) A contract is concluded exclusively by the customer’s acceptance of an offer made by XantoSoft.

(3) The contract becomes binding only upon express acceptance of the offer.

(1) XantoSoft is subject to the small business regulation pursuant to Sec. 19 German VAT Act; no VAT is shown.

(2) Prices are as stated in the respective offer.

(3) Unless otherwise agreed in the offer, payment is due by bank transfer within 14 days net after invoicing.

(4) In case of default, XantoSoft may charge statutory default interest.

(5) Delivered hardware remains the property of XantoSoft until full payment (retention of title).

(1) The customer receives a simple, non-transferable right to use the delivered software.

(2) Where separate license terms are provided with the software, these shall apply in addition.

(3) Transfer, duplication or use beyond the license terms is not permitted.

(1) Statutory warranty rights apply. For delivered hardware, the warranty period is 12 months from delivery.

(2) XantoSoft is liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited in amount to the foreseeable damage typical for this type of contract. Otherwise, liability for simple negligence is excluded.

(3) No liability is assumed for indirect damages, in particular lost profits or data loss, unless caused intentionally or by gross negligence.

(4) Liability for personal injury remains unaffected.

(1) Within the scope of statutory warranty, XantoSoft remedies defects of the delivered software that occur under contractual use and are demonstrably due to defects of the application.

(2) Adapting the software to changes in the system environment (e.g., OS updates, DB versions, hardware changes) is not part of the warranty.

(3) Additional support and maintenance (e.g., ongoing servicing, feature adjustments, updates) are provided solely on the basis of separate maintenance agreements.

(1) XantoSoft treats all information received in the course of contract performance as confidential.

(2) The separate Privacy Policy at /privacy applies.

(1) Project contracts apply for the respective project term.

(2) Ongoing contracts (e.g., maintenance) may be terminated with the notice period agreed in the contract.

(1) The law of the Federal Republic of Germany applies.

(2) Place of jurisdiction, where legally permissible, is Witten.

(3) Should any provision be invalid, the validity of the remaining provisions shall not be affected.