General Terms and Conditions
General Terms and Conditions of DLC Ingenieurs- & Planungsgesellschaft mbH for the software solutions of the innoclix brand. For business customers only. Last updated: September 2026.
Note
This English version is provided for convenience only. Only the German version of these General Terms and Conditions is legally binding.
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts for the use of the software solutions of the innoclix brand (in particular innoclix mm, innoclix hub, innoclix crm, innoclix fm and innoclix lv, hereinafter the “Platform”) between DLC Ingenieurs- & Planungsgesellschaft mbH, Bergstraße 4, 63863 Eschau, Germany (the “Provider”) and its customers.
(2) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts with consumers are concluded under these GTC.
(3) Persons to whom the customer grants access to the Platform (e.g. tenants, caretakers, trade and specialist companies) do not become parties to these GTC. Their use is governed by the Terms of Use for invited users.
(4) Deviating, conflicting or supplementary terms of the customer only become part of the contract if the Provider expressly agrees to them in writing.
(5) Individual agreements, in particular in the offer or the usage contract, take precedence over these GTC.
§ 2 Conclusion of contract
(1) The presentation of the Platform on the website does not constitute a binding offer.
(2) The contract is concluded when the customer accepts a written offer from the Provider or an offer sent in text form, or when a usage contract is signed.
(3) Providing a demo or trial account does not create an obligation to conclude a paid contract. Trial and demo accounts may be terminated at any time; the data they contain may be deleted after the trial ends.
§ 3 Services of the Provider
(1) For the term of the contract, the Provider makes the Platform available to the customer as software as a service via the internet for use in a web browser. The scope of services is set out in the offer or the service description.
(2) The Platform is operated on servers in Germany. The Provider may use subcontractors (e.g. data centre operators).
(3) The Provider continuously develops the Platform and may change it, provided the agreed essential functions are preserved and the change is reasonable for the customer.
(4) Availability is governed by the individual agreement. Announced maintenance windows and disruptions beyond the Provider’s control (e.g. force majeure, internet outages) are excluded. Where possible, the Provider carries out maintenance outside normal business hours.
(5) Access to the Platform is via user accounts that sign in with a one-time code sent by email.
§ 4 AI-supported functions
(1) The Platform contains functions that use artificial intelligence to structure or summarise input or to generate suggestions (e.g. category, urgency, trade).
(2) AI results are suggestions and may be incomplete or incorrect. They do not replace professional review. The customer and its users review the results before making legally or economically significant decisions (e.g. accepting or rejecting warranty claims) and can correct them at any time.
(3) In apparent emergencies (e.g. danger to life and limb, gas or water leaks), the Platform does not replace alerting emergency services.
§ 5 Obligations of the customer
(1) The customer keeps access data confidential, protects the email accounts linked to user accounts against unauthorised access and informs the Provider without delay if misuse is suspected.
(2) The customer is responsible for the accuracy of the data entered by it and its users, in particular master data on properties, units, tenants and service providers.
(3) The customer ensures that it is entitled to process the personal data it enters (e.g. tenant data) and informs data subjects where required. It is the controller under data protection law for the personal data entered by it and its users.
(4) The customer uses the Platform only in accordance with applicable law. In particular, uploading unlawful content or malware, automated mass queries and attempts to circumvent security mechanisms are prohibited.
§ 6 Rights of use
(1) For the term of the contract, the Provider grants the customer the non-exclusive, non-transferable right to use the Platform to the agreed extent for its own business purposes and to give its users (e.g. employees, tenants, service providers) access.
(2) All rights to the Platform, including software, design and documentation, remain with the Provider.
§ 7 Customer data
(1) Data entered by the customer and its users remains the customer’s data. The Provider uses it solely to provide the contractual services.
(2) The Provider backs up the data regularly in line with the state of the art.
(3) After the contract ends, the Provider makes the customer’s data available in a common machine-readable format upon request, to be made within 30 days of the end of the contract. The data is then deleted, unless statutory retention obligations apply.
§ 8 Data protection and processing on behalf
Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR, which takes precedence over these GTC. Otherwise, the Provider’s privacy policy applies.
§ 9 Fees and payment
(1) Fees are set out in the offer or usage contract. All prices are exclusive of statutory VAT.
(2) Unless otherwise agreed, fees are invoiced in advance for each billing period and are payable without deduction within 14 days of the invoice date.
(3) If the customer is more than 30 days in arrears with a payment, the Provider may block access after prior notice in text form with a reasonable deadline until the outstanding amounts have been paid.
§ 10 Defects
(1) The Provider remedies defects in the Platform reported by the customer with as precise a description as possible within a reasonable period.
(2) Strict liability for defects already existing at the time the contract is concluded (Section 536a (1) alt. 1 BGB) is excluded.
§ 11 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.
(2) In the case of slight negligence, the Provider is only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (cardinal obligation). In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
(3) For loss of data, the Provider is liable in accordance with paragraphs 1 and 2 only up to the effort that would have been required for restoration had the data been properly backed up.
(4) Otherwise, liability is excluded. The above provisions also apply in favour of the Provider’s legal representatives, employees and vicarious agents.
§ 12 Term and termination
(1) The term and notice periods are set out in the offer or usage contract. If nothing is agreed there, the contract runs for an indefinite period and may be terminated by either party with three months’ notice to the end of a calendar month.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Notices of termination must be given in text form.
§ 13 Confidentiality
The parties treat all confidential information of the other party that becomes known to them in the course of the cooperation as confidential and use it only to perform the contract. This obligation continues after the contract ends.
§ 14 Use as a reference
The Provider may name the customer as a reference with name and logo if the customer has given prior consent in text form. Consent may be revoked at any time with effect for the future.
§ 15 Changes to these GTC
The Provider may amend these GTC with effect for the future where this is necessary for objective reasons (e.g. changes in law, further development of the Platform) and does not unreasonably disadvantage the customer. Changes are notified to the customer in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; the Provider will expressly point out this consequence in the notification. In the event of an objection, either party may terminate the contract as of the date the change takes effect.
§ 16 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Aschaffenburg, Germany.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision replaces the invalid provision.