General Terms and Conditios
General Terms and Conditions (GTC) of fermSYS GbR, last updated on 2026-04-22
§1 Scope
These General Terms and Conditions apply to all deliveries and services provided by fermSYS GbR in the field of sensor systems, software and cloud-based data platforms to universities and business customers.
§2 Subject Matter
(1) The subject of the agreement is the provision of sensor systems (hardware), software, and access to a cloud-based data platform.
(2) The specific scope of services is defined in the respective order confirmation or contract.
§3 Intended Use
(1) The products are intended solely for research, development, and industrial applications.
(2) Any use in safety-critical or highly regulated environments (including medical applications, GMP-relevant production decisions, or safety-critical process control) is at the customer’s own risk unless explicitly agreed in writing.
§4 Nature of Measurements
(1) The provided measurement data, in particular VOC-based analyses, represent indirect parameters and may depend on models and calibration.
(2) The systems are designed to support and optimize processes and are not intended to serve as the sole basis for critical control decisions.
(3) No guarantee is given for the accuracy, completeness, or continuous availability of measurement data.
§5 Delivery and Performance
(1) Delivery dates are non-binding unless explicitly agreed otherwise.
(2) Partial deliveries are permitted where reasonable.
§6 Prices and Payment
Invoices are payable within [14] days without deduction.
§7 Usage Rights
(1) The customer is granted a non-exclusive, non-transferable right to use the software and platform.
(2) Reverse engineering, reproduction, or distribution is prohibited unless permitted by law.
§8 Data and Platform
(1) The customer retains ownership of all data generated.
(2) fermSYS GbR may use data in anonymized form to improve its systems.
(3) No guarantee is given for permanent storage or availability of data; the customer is responsible for backups.
§9 Availability (Cloud)
(1) The cloud platform is provided with a target availability of 95%.
(2) Maintenance, updates, and technical issues may result in temporary interruptions.
§10 Warranty
Statutory warranty rights apply. For hardware, remedy shall be provided by repair or replacement at our discretion.
§11 Liability
(1) Liability is limited to intent and gross negligence.
(2) In case of breach of essential contractual obligations, liability is limited to foreseeable damages typical for the contract.
(3) Liability for production losses, batch failures, loss of profit, or indirect damages is excluded.
(4) The customer is solely responsible for decisions made based on measurement data.
§12 Term and Termination
Cloud services may be terminated with a notice period of 3 months.
§13 Final Provisions
(1) German law shall apply.
(2) Place of jurisdiction is Dortmund, where legally permissible.