terms and conditions

GENERAL TERMS AND CONDITIONS OF IDAT GMBH

Effective as of: August 21st, 2026

1. Scope of Application

Unless otherwise expressly agreed in writing in an individual contract between the parties, these General Terms and Conditions apply exclusively to all offers, deliveries, and services provided by IDAT GmbH, Pfnorstraße 10, 64293 Darmstadt, Germany (hereinafter “IDAT,” and, where applicable, also referred to as the “Licensor” in the license agreement and offer) are governed exclusively by these General Terms and Conditions (hereinafter “GTC”), in addition to the offer and the license agreement (the “License Agreement”). The scope of application also extends to future contractual relationships between IDAT and the customer (the “Customer,” also referred to as the “Licensee” in the license agreement and offer, as applicable), even if no new, express reference is made thereto. Any conflicting terms and conditions of service and delivery or general terms and conditions of the Customer shall not be recognized and are hereby mutually waived, even if such conflicting terms and conditions of service and delivery or general terms and conditions contain an identical or similar exclusion clause. By signing the offer and simultaneously accepting these General Terms and Conditions, the Customer unconditionally acknowledges that the priority of IDAT’s General Terms and Conditions constitutes an integral part of the established business relationship, which IDAT, as the service provider, would not have entered into without this priority. These General Terms and Conditions apply exclusively to business entities (Section 14 of the German Civil Code [BGB]), legal entities under public law, and special funds under public law. Contracts based on these General Terms and Conditions are not concluded with consumers (Section 13 of the German Civil Code [BGB]).

2. Establishment of the Contractual Relationship

The contractual relationship between IDAT and the customer is established upon the mutual signing of all contract- related documents based on these General Terms and Conditions. These include the individual IDAT offer, as well as the additional license agreement and its appendices. All components of the contract must be sent to IDAT in two signed original copies. The contract is considered concluded and binding only after all signed components of the contract have been received and countersigned by IDAT. Accordingly, all IDAT offers are subject to change until they are signed by IDAT. Alternatively, IDAT’s first act of performance shall be deemed acceptance of the contract components signed by the customer. IDAT is entitled to make the delivery of licenses or services contingent upon the receipt of signed contract documents.

3. Subject Matter of the Contract / Services

3.1. The subject matter of the contract and the services covered by the contract are set forth in the corresponding offer, in conjunction with a license and/or maintenance agreement, if applicable, as well as in the product documentation, if applicable. If the contractual relationship between the parties concerns software licensing, this includes, in accordance with the relevant offer and license agreement, the temporary or permanent transfer of the ordered software for use in accordance with the contract, based on these General Terms and Conditions and, if applicable, the software-specific terms of use (EULA), which shall take precedence over these General Terms and Conditions in the event of any conflicts.

3.2. In the event that third-party components also form part of such a software license, the third-party providers’ terms and conditions shall expressly take precedence over these General Terms and Conditions with respect to the relevant third-party components and shall be deemed accepted and become part of the contract upon the customer’s acceptance of the offer, but no later than upon the first use of the third-party component(s).

3.3. If the IDAT services to be provided include Professional Services, the general IDAT terms and conditions for the provision of Professional Services shall apply accordingly in addition to these General Terms and Conditions (see the Professional Services Appendix to the License Agreement).

4. Customer’s Obligations to Cooperate

4.1. The Customer agrees to provide IDAT with all data and information necessary for the conclusion of the contract in a complete and truthful manner and to keep such information up to date at all times throughout the term of the contract. In addition to basic contact information, this applies in particular to information necessary for determining the scope of services with respect to the configuration or implementation of software. It is the customer’s responsibility to meet the associated deadlines so as not to delay the provision of services.

4.2. Furthermore, the Customer shall designate a central point of contact who is available for contractual matters via telephone and email.

4.3. The Customer shall pay IDAT the fees arising from the business relationship between the parties in accordance with the respective offer, the license agreement, and these General Terms and Conditions.

4.4. The customer is permitted to use the software covered by this contract only within the scope of the license purchased by the customer. The respective license-based restrictions regarding duration and scope of services must be observed at all times. Accordingly, use of the software after the license has expired or on a greater number of instances than permitted by the license is prohibited.

4.5. If the use of software products is protected by technical security measures (e.g., passwords, USB dongles, etc.), the Customer agrees to keep these security measures under lock and key within the scope of its internal organizational structure and to make them accessible only to those employees who are authorized to use the software products. In the event of the loss of a password or other security measure, the customer shall immediately notify IDAT in order to prevent any unauthorized distribution or use of the software. The customer shall indemnify IDAT for any and all damages of any kind resulting from the loss of a password or other security measure. The customer shall bear the costs incurred for the replacement of a security measure in accordance with the applicable IDAT flat rates.

4.6. The customer bears sole responsibility for the legality and integrity of the data processed by him using the software. He must ensure that he has obtained all necessary authorizations for the processing of any personal data and has taken precautions within his internal organizational structure against loss, theft, or other forms of data loss. To ensure this, it is the customer’s responsibility to create regular backups of its databases to prevent any data loss and/or interruption in productivity. IDAT bears no responsibility whatsoever for the creation of backups, even in the event that support services are provided.

5. Fees / Payment

5.1. The customer shall pay IDAT recurring or one-time license fees and/or maintenance fees in accordance with the underlying offer and the license or maintenance agreement. If Professional Services are also part of the contract, they are either included in the offer or, at IDAT’s discretion, listed in a separate offer.

5.2. Recurring Fees Recurring fees for, for example, 1-month, 3-month, or 12-month software “subscription licenses” (depending on the license and product type) or maintenance fees are due in advance for the upcoming term, depending on the license term, and are typically collected by IDAT via direct debit from the customer’s account after an invoice is issued. In such cases, a SEPA direct debit mandate in favor of IDAT is issued with the offer, which becomes an integral part of the underlying license agreement. Unless direct debit payment has been agreed upon between the parties, IDAT will continuously invoice any recurring fees in accordance with the provisions of this paragraph and will send all invoices via email to the customer’s designated billing address.

IDAT is entitled to automatically increase fees for subscription licenses and annual maintenance by up to 3% after the expiration of a period of 12 (twelve) months from the start of the contract or from the last fee adjustment, provided that rising costs for personnel, energy, licenses, hosting, or other third-party service costs objectively justify this increase. The most recently invoiced amount shall serve as the

basis for this adjustment. In this case, the customer has no right to terminate the contract for cause. Upon request, IDAT will provide information regarding the specific grounds justifying the automatic adjustment. Any increases in recurring fees, license fees, and maintenance fees beyond this limit must be announced with 30 days’ advance notice prior to the expiration of the then-current licensing period. In this case, the customer has the right to terminate the affected subscription licenses on an extraordinary basis before the adjustment takes effect. If no termination is issued, the adjustment to the recurring license fees shall be deemed accepted by the customer, whereupon the revised license fees will apply starting with the following licensing period.

5.3. One-Time Payments (Purchase Licenses, Services) One-time payments, such as license fees for perpetual usage rights or fees for professional services, are due in advance upon conclusion of the contract, unless otherwise agreed in the offer. IDAT invoices such payments separately from recurring payments, which are then sent to the customer via email or by mail (at the customer’s expense) to the billing address provided. IDAT reserves the right to make the delivery of software or services contingent upon full payment of the invoiced amounts.

5.4. Fees for third-party components that are not an integral part of the software products supplied by IDAT may be billed separately.

5.5. Unless expressly stated otherwise, IDAT invoices are due immediately upon receipt. IDAT grants the customer a payment term of 14 days from the invoice date. Payments must always be made in full to the IDAT account specified on the invoice. During this period, the customer has the right and the obligation to verify the accuracy of invoices and to promptly submit any objections or complaints in writing (§ 126b BGB) to IDAT. If IDAT does not receive any objection or complaint within the 14-day period from the invoice date, the invoice is deemed approved. The customer’s right to raise objections to the invoice even after this period has expired, as well as mandatory statutory claims, remain unaffected.

5.6. In the event of late payment, IDAT is entitled to charge late payment interest currently amounting to nine percentage points above the ECB’s current base rate. The parties agree that an express notice of default by IDAT is not required. Rather, the customer is automatically in default upon expiration of the granted payment term, even without a separate reminder. Payments received are posted by IDAT in accordance with Sections 367 and 366(II) of the German Civil Code (BGB).

If the customer is in default for a period of more than 30 calendar days and has not contested the invoice in question with IDAT for verifiable reasons, IDAT is entitled to temporarily block the software license used by the customer until payment is received, thereby preventing the customer from using the software. Such a suspension of the license does not affect the customer’s fundamental obligation to pay.

5.7. In the event of a chargeback caused by the customer or their bank, or an unsuccessful direct debit attempt, IDAT is entitled to claim a flat-rate reimbursement of expenses in the amount of €25.00 per chargeback or debit attempt from the customer. Any further claims for damages remain expressly unaffected and reserved.

5.8. Unless expressly stated otherwise in the offer or license agreement, all fees and prices quoted by IDAT are expressly net prices plus any taxes, fees, and other charges, which are to be borne by the customer without exception (excluding taxes and charges applicable to IDAT’s business operations).

If and to the extent that withholding tax is applicable to payments made by the customer, the parties agree that the invoice amount shall be automatically increased by the amount of the withholding tax, so that, after the customer has paid the withholding tax, the originally owed net amount is transferred to IDAT. The customer shall provide IDAT, without being asked, with proof of payment of the withholding tax amounts.

5.9. The customer unconditionally acknowledges that all fees and payments made under the License Agreement and/or these General Terms and Conditions are final upon payment and may be refunded only in cases required by law.

5.10. IDAT will invoice the customer separately for reasonable and necessary travel expenses on a time-and- materials basis. Extraordinary expenses shall be agreed upon and documented in advance by the parties. Unless otherwise specified in the offer, travel expenses incurred will be billed at the end of each calendar month. IDAT uses modern support tools and remote control programs to minimize the need for employee travel.

6. Warranty

6.1. The customer agrees to immediately notify IDAT in writing (§ 126b BGB) of any defects in the delivered software products and to provide IDAT with all necessary support to identify, locate, and remedy such defects, including, in particular, taking all reasonable measures to ensure data security. IDAT shall not be liable for damages resulting from a delayed or omitted notification of defects by the customer.

6.2. It should be noted that, given the current state of technology, it is not possible—particularly with regard to software products—to design them in such a way that they operate error-free in every installation configuration or in combination with other hardware and software systems, are fail-safe, or are protected against manipulation by third parties. IDAT therefore provides no guarantee or warranty that the delivered software products meet the customer’s requirements, are suitable for the intended use, or are error-free or fail-safe. Prior to accepting the offer and concluding the license agreement, the customer was given sufficient opportunity to familiarize themselves with the operation and functionalities of the software products.

6.3. IDAT warrants that it has the right to grant the customer the right to use the software covered by this agreement, together with third-party components. Furthermore, IDAT warrants that the delivered software products (including third-party components) will, at the time of delivery, function substantially in accordance with their software documentation under normal operating conditions and within the required hardware configuration. IDAT will resolve any malfunctions in its own software products that arise as part of the technical support provided (hotfixes, bug fixes), provided that such malfunctions are not due to an improper combination of the software products with other hardware or software by the customer that was not approved by IDAT. The provision of comprehensive software updates, which also include functional enhancements, requires an active maintenance contract for the software and is not part of regular support.

If IDAT is unable to resolve malfunctions in third-party components supplied, the issue will be escalated to the respective third-party provider as part of the support service. The third-party provider is solely responsible for the final resolution of the issue.

6.4. IDAT’s services are subject to a warranty period of twelve months, beginning with the provision of the software or services covered by the contract. All other claims against IDAT shall also be barred by the statute of limitations within twelve months of their arising, unless they are based on willful misconduct, gross negligence, or fraudulent concealment of a defect by IDAT. This does not affect the statutory limitation periods for claims arising from injury to life, limb, or health; for claims under the Product Liability Act; or for recourse claims under Sections 445a, 445b, and 478 of the German Civil Code (BGB).

6.5. With the exception of the warranty claims expressly described in this section and the mandatory statutory provisions, IDAT assumes no further guarantees or warranties with respect to delivered software products or services.

7. Liability and Indemnification

7.1. Subject to mandatory statutory provisions or express individual contractual agreements between the parties in an offer or license agreement, IDAT shall be liable exclusively in accordance with the provisions of this section.

7.2. The parties’ liability for willful misconduct and gross negligence, for injury to life, limb, or health, as well as under the Product Liability Act or for breach of a confidentiality obligation under these General Terms and Conditions, is unlimited.

7.3. IDAT shall be liable for damages caused by slight negligence only in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer could reasonably rely (cardinal obligation). In such cases, the scope of liability is limited to the amount of foreseeable damage typical for this type of contract. Furthermore, in cases of slight negligence, liability for all other damages (e.g., consequential damages, indirect damages, or lost profits) is excluded to the extent permitted by law.

7.4. To the extent permitted by law and as provided for in this paragraph, IDAT’s liability for all other circumstances giving rise to liability is cumulatively limited to the respective contract value, which, in the case of one-time payments, is determined by their total value, and in the case of recurring payments, by the payments due for a period of twelve months. The above monetary limit on liability does not apply in cases of unlimited liability under this section, in particular in cases of willful misconduct, gross negligence, injury to life, limb, or health, or liability under the Product Liability Act.

7.5. If third parties assert valid claims against IDAT regarding the software provided by IDAT due to the infringement of an industrial property right or copyright, IDAT shall be liable, subject to recourse against its licensors, in the usual manner, such that IDAT, at its own discretion and at its own expense, shall either obtain a right to use the software in question, modify the software so that the intellectual property right or copyright is no longer infringed , or replace the software with software offering comparable functionality. If none of these actions is likely to succeed or is feasible through reasonable commercial efforts, IDAT may terminate the underlying license agreement with immediate effect and refund the relevant portion of the license fees to the customer. However, IDAT’s aforementioned liability for infringements of intellectual property rights or copyrights is excluded if and to the extent that the customer is responsible for such infringements due to modifications to the software, specially ordered customizations of the software, or a combination of the software with other third-party components. The customer expressly indemnifies IDAT against such liability.

7.6. The foregoing limitations or exclusions of liability apply not only to IDAT but also to its employees, representatives, and agents.

8. Term / Termination

8.1. The term of the contractual relationship between the parties is set forth in the offer in conjunction with the concluded license agreement.

8.2. In the event of the acquisition of perpetual rights of use to IDAT software products, the term of the concluded contracts and these General Terms and Conditions is unlimited as long as the software product that is the subject of the contract remains in use by the customer.

8.3. In the event that temporary rights of use are granted for IDAT software products (subscription licenses), the minimum term of the licenses is agreed upon in the offer between the parties and is automatically renewed upon expiration for the same minimum term, unless the licenses in question are terminated by one of the parties in writing (§ 126b BGB) with 30 days’ notice prior to the expiration of the current licensing period.

8.4. If the contract concluded between the parties pertains solely to Professional Services, the contractual relationship between the parties shall end upon the customer’s acceptance of the services covered by the contract and the expiration of the correspondingly agreed warranty period.

8.5. The right to terminate the contractual relationship between the parties for good cause in accordance with statutory provisions remains unaffected. Good cause exists, in particular, in the event of the customer’s default in payment for more than 30 days or a culpable breach of a material contractual obligation that is not remedied despite the other party having set a reasonable written grace period.

8.6. Any termination must be in writing (§ 126b BGB). Transmission via email or fax is sufficient.

8.7. Upon the termination taking effect, all temporarily granted rights of use (subscription licenses) to IDAT software products and third-party components shall generally expire. The customer is therefore prohibited from using the licensed software products and third-party components as of that time. The customer is obligated to permanently delete all software from its systems upon expiration of the respective licensing period. A tacit renewal of the license agreement through continued use of the licenses after termination is excluded. Any use of software after the expiration of the granted license constitutes an infringement of the intellectual property rights of the rights holder and will be prosecuted under criminal law. The right to assert further claims for damages is expressly reserved.

If security measures (e.g., a USB dongle) were provided to the customer for the use of the software components, these must be returned to IDAT or sent back via insured mail within 10 days of the termination taking effect.

Permanent rights of use (purchase licenses) may, in principle, be terminated only by extraordinary termination by IDAT, provided that the customer abuses the granted right of use and thereby causes IDAT direct or indirect damage (e.g., through lost license fees from third parties). A temporary or permanent cessation of use does not release the customer from its obligations under the license agreement or these General Terms and Conditions. A refund of license fees paid or a subsequent license exchange is excluded.

8.8. The parties agree that the sale, rental, or other provision of a right of use—whether granted permanently or temporarily—by the customer to third parties is prohibited, to the extent permitted by law. Renting, sublicensing, and any other form of transfer for use by third parties is prohibited. In the case of a perpetual license granted in exchange for a one-time fee, the customer is entitled to resell it only to the extent permitted by mandatory law (in particular, the principle of exhaustion under copyright law). In this case, the license may only be transferred as a single unit and subject to the complete and permanent deletion of all copies remaining with the customer, and the customer shall notify IDAT of the resale in writing in advance. Furthermore, each license is issued to the customer on a personal basis and is non-transferable.

9. Confidentiality

9.1. The parties agree that, within the scope of their existing business relationship, the exchange of confidential information and/or trade secrets may occur. Confidential information within the meaning of this section includes all non-public information that, by virtue of its content or nature, or the manner of its disclosure, is to be regarded as confidential by a reasonable recipient. This includes, but is not limited to, prices, development information, terms and conditions, software architecture, source code, know-how, designs, methods, financial information, customer information, or error reports. In case of doubt regarding the confidential nature of information, the disclosing party must be consulted.

9.2. Information shall not be considered confidential if it (i) was demonstrably already known to the recipient prior to disclosure by the disclosing party, (ii) was developed by the recipient independently of the disclosing party or its information, (iii) originates from a third party not bound by a confidentiality obligation, or (iv) was independently disclosed to the public by the disclosing party.

9.3. The recipient of the information is authorized to use confidential information solely for the purpose of fulfilling its contractual obligations. Any other use is prohibited. To the extent necessary, the recipient is authorized to disclose the information to those of its employees or agents who have a business interest in knowing such information for the purpose of fulfilling the contract. Such recipients must be instructed regarding the confidentiality of the information.

9.4. The recipient of the information shall ensure that the confidentiality of the confidential information received from the provider is maintained with at least the same level of care as is accorded to the recipient’s own confidential information. However, this care must not fall below a reasonable minimum standard.

9.5. All disclosed confidential information remains the (intellectual) property of the respective disclosing party. The disclosing party assumes no guarantee or liability for the correctness and accuracy of the disclosed confidential information.

9.6. The parties agree to return any confidential information provided to the respective disclosing party upon termination of their business relationship, in compliance with statutory retention requirements, or to irrevocably delete such information and provide the disclosing party with written confirmation thereof.

9.7. The parties’ confidentiality obligations with respect to confidential information shall apply for a period of at least five years from the date of disclosure and shall expressly survive any termination or expiration of the contract concluded between the parties.

10. Intellectual Property Rights

10.1. All products, documentation, or information provided to the customer are the intellectual property of IDAT or (in the case of third-party components) its licensors. The term “intellectual property” is to be understood broadly and encompasses all intellectual property rights, such as property rights, inventor’s rights, and copyrights, patents, patent applications, know-how, processes, methods, manufacturing processes, source code, designs, trademarks, symbols, data, and computer software. The customer acknowledges that the products, documentation, or information provided are protected by copyrights, industrial property rights, patents, trademarks, and reproduction rights of the respective rights holders, and that the contractual relationship between the parties does not entail any transfer of such rights. Products, documentation, and information are provided solely for use and are not sold to the customer; therefore, no transfer of ownership to the customer takes place unless expressly stipulated in the offer or in the written contractual agreement between IDAT and the customer.

10.2. The source code of the software products provided is a trade secret of IDAT or the respective rights holder and is not part of the underlying license agreement. Subject to express statutory exceptions, the customer is strictly prohibited from decompiling the source code of the software products provided, as well as from modifying the provided products, creating parallel products, derivatives, or new/custom versions of the products.

10.3. The customer is further prohibited from removing, obscuring, or rendering illegible any copyright notices in products, documentation, or information. Any authorized copy of products, documentation, or information must bear the same copyright and intellectual property notices that appear in or on the originals.

10.4. The customer shall refrain from claiming IDAT’s or its licensors’ intellectual property rights for itself and shall provide IDAT with all necessary support regarding the enforcement of intellectual property rights against third parties.

10.5. Unless otherwise agreed in the offer, the Customer grants IDAT, for the duration of the software product’s license term, a limited, revocable, non-exclusive, non-transferable, and royalty-free license to use the Customer’s company logo for the purpose of presenting reference customers on the IDAT website. The Customer agrees to act as a reference customer for IDAT. This includes IDAT’s right to list the Licensee and its logo as a reference on its websites and to name the Licensee as such in negotiations with new customers. Furthermore, subject to prior agreement, the customer agrees to demonstrate the implemented solution in operation on-site to potential new IDAT customers, provided that it is ensured that the customer’s production processes will not be disrupted as a result and that no trade secrets will be disclosed.

11. Data Protection

11.1. The parties undertake to comply with the applicable data protection regulations regarding the information they collect, process, and make available. The respective privacy policies of the parties shall also apply accordingly.

11.2. With regard to the processing of personal information within the framework of the parties’ business relationship, the relevant provisions of the GDPR, the BDSG, and other state-specific regulations apply in addition to the parties’ privacy policies.

11.3. The parties shall store and process the personal information provided under the contract and in the course of their ongoing business relationship, in accordance with Article 6(1)(b) of the GDPR, for as long as such information is necessary for the performance of the contract. Personal information that is no longer needed must be irrevocably deleted or rendered unusable by the parties upon the expiration of any applicable statutory retention periods.

11.4. The parties undertake to implement all technical and organizational measures necessary to ensure the integrity, availability, and confidentiality of data and to prevent access by unauthorized third parties. To the extent that IDAT processes personal data on behalf of the Customer in connection with the provision of services (e.g., support or maintenance services), the parties shall enter into a data processing agreement pursuant to Article 28 of the GDPR prior to the commencement of processing. In this regard, the Customer remains the data controller within the meaning of Article 4(7) of the GDPR.

11.5. For third-party components, the privacy policies of the respective manufacturers/licensors apply, which are deemed accepted by the customer upon commissioning of the components.

11.6. IDAT GmbH, Pfnorstraße 10, 64293 Darmstadt, is the entity responsible for data processing on behalf of IDAT. The IDAT Data Protection Officer can be contacted via the address listed above or via datenschutz@idat.de.

12. Export

12.1. In the course of its business activities, IDAT complies with international sanctions, embargoes, and export regulations, in particular the European Union’s “Common Foreign and Security Policy (CFSP)” and the U.S. “Specially Designated Nationals and Blocked Persons List (SDN).” Accordingly, IDAT maintains no business relationships with companies or individuals in embargoed countries (in particular, the countries and territories currently subject to sanctions, including Iran, North Korea, Cuba, Belarus, Russia, and the Russian-occupied territories of Ukraine) or with those who, according to the aforementioned sanctions lists, may not be supplied with goods. Likewise, software products licensed by IDAT may not be used in embargoed countries or by companies or individuals subject to international sanctions. IDAT reserves the right to screen existing and new customers using professional screening solutions. Furthermore, IDAT expects the customer to comply with the same or even more stringent export guidelines and laws under applicable law in all cases and at all times.

12.2. Any application of embargoes or sanctions to existing IDAT customers constitutes a case of permanent impossibility of performance due to force majeure, on the basis of which IDAT is entitled to terminate the business relationship immediately and without giving rise to any claims for damages against IDAT.

13. Survival of Individual Provisions

The provisions of Sections 7, 8.7, 9, 10, and 11, as well as those provisions of these General Terms and Conditions that, by virtue of their nature, are intended or suitable to survive the termination of the underlying contracts and these General Terms and Conditions, shall survive such termination.

14. Force Majeure

14.1. If either party is prevented from performing its contractual obligations due to force majeure, that party shall not be in default, and its obligation to perform or to perform such obligations in a timely manner shall be automatically suspended for the duration of the force majeure. Section12.2 applies accordingly.

14.2. However, force majeure may not be invoked with respect to a party’s obligation to make contractual payments to the other party.

14.3. Examples of force majeure may include, in particular: natural disasters, war, hostile acts, civil unrest, strikes, lockouts, riots, terrorism, revolution, fire, explosives, radiation, radioactivity, earthquakes, lightning strikes, hail, epidemics, pandemics, and other states of emergency.

14.4. In the event of force majeure, the parties are required to notify the other party of this circumstance without undue delay, to fulfill their obligations under the contract to the greatest extent possible, and to do their utmost to avert negative consequences for the other party.

14.5. If either party is prevented from performing its contractual obligations for a period exceeding three months due to force majeure, the other party is hereby entitled to terminate the contract for good cause.

15. Beta Software

15.1. Beta software is provided exclusively for non-commercial testing, evaluation, and feedback purposes. It is a pre- release version that may contain bugs, incomplete features, and other issues. Beta software is not intended for use in production environments or with real, sensitive, or personal data. The use of beta software in production environments and/or with real customer data is at the tester’s sole and exclusive risk.

15.2. Beta software is provided “as is” without any express, implied, or statutory warranty. The licensor expressly disclaims all warranties, including but not limited to: - defects in the beta software - merchantability - fitness for a particular purpose - Accuracy or completeness of the information - Non-infringement of third-party rights - Compatibility with hardware or other software

The Licensor makes no warranty that the beta software is error-free, uninterrupted, or secure, or that it will meet the tester’s expectations or requirements. This does not affect the licensor’s mandatory statutory liability, in particular for willful misconduct and gross negligence, for damages resulting from injury to life, limb, or health, and under the Product Liability Act. The tester’s indemnification obligation set forth above is limited to claims by third parties and does not apply to the extent that the tester is not responsible for the circumstances giving rise to liability.

15.3. The Tester acknowledges and agrees that use of the beta software is entirely at their own risk. The Tester is solely responsible for implementing appropriate protective measures, including data backups, system isolation, and the use of anonymized or synthetic test data. The Licensor expressly advises against using the beta software with real customer data or in environments where a failure could result in damage or loss. Accordingly, the Tester agrees to indemnify the Licensor, its affiliates, officers, employees, and agents against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the following: - the Tester’s use or misuse of the beta software - violations of this disclaimer - violations of applicable laws or the rights of third parties.

15.4. The Licensor is under no obligation to provide technical support, updates, bug fixes, or future versions of the Beta Software. The Licensor may modify, suspend, or discontinue the Beta Software at any time without prior notice.

16. General Provisions

16.1. Any assignment of the rights and obligations arising from the contractual relationship (including these Terms and Conditions) between the parties to third parties is prohibited without the consent of the other party. Exceptions to this include assignments to affiliated companies as defined in Section 15 of the German Stock Corporation Act (AktG), as well as transfers in the course of a transfer of operations or universal succession.

16.2. Set-off against claims by IDAT is permitted only against undisputed and legally enforceable claims of the customer.

16.3. IDAT is entitled to amend these General Terms and Conditions with future effect, provided there is an objective reason for doing so, the amendment is objectively reasonable for the customer, and the contractual balance of interests is not materially altered. IDAT will notify the customer in writing of any amendments with a notice period of 6 weeks prior to the planned effective date. The customer may object to these changes in writing until they take effect. Otherwise, the change shall be deemed accepted. In the event of an objection, the contractual relationship shall initially remain in effect under the unchanged terms and may be terminated by either party at the end of the then-current licensing term, provided that the notice periods are observed. Both parties retain the right to terminate the contract for cause. Any further amendments or additions to the contractual agreements between the parties must always be in writing and signed by the parties’ legal representatives. This applies in particular to any changes to this written form requirement.

16.4. The parties agree to discuss and resolve any misunderstandings, disputes, or mutual claims that may arise, whenever possible, through direct communication between the parties in the spirit of successful cooperation. Should this prove unsuccessful, both parties may pursue legal action.

16.5. The entire business relationship between the parties (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The agreed-upon, exclusive place of jurisdiction is Darmstadt, Germany.

16.6. The place of performance and fulfillment for all services provided under these General Terms and Conditions or a license agreement between the parties is always IDAT’s registered office.

16.7. Should individual provisions (or parts thereof) of the agreements concluded between the parties on the basis of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions (or parts thereof). Rather, the invalid or unenforceable provisions (or parts thereof) shall be replaced by the parties or, if necessary, by the competent court with valid and enforceable provisions (or parts thereof) that most closely reflect, both legally and economically, the original intent of the parties when the invalid or unenforceable provisions (or parts thereof) were drafted.

16.8. The headings used in these General Terms and Conditions are for clarity only and shall not be used for interpretive purposes. If these General Terms and Conditions are provided in two languages, the German version shall be binding in case of doubt or in the event of contradictions.

16.9. These General Terms and Conditions constitute the legal basis for all contracts or contractual provisions concluded between the parties and apply subject to any written contractual agreements to the contrary between the parties. The principle of specificity applies, whereby the most recent agreement regarding the same matter takes precedence. Upon the customer’s signature of an offer, these IDAT Terms and Conditions are

deemed to have been acknowledged, understood, and accepted without reservation by the customer as an integral part of the contract.