Legal
Terms and conditions
This is a courtesy translation of the German Allgemeine Geschäftsbedingungen. In the event of any discrepancy or question of interpretation, the German version prevails (see section 12).
1. Scope
(1) These terms and conditions apply to all contracts concerning the provision of the PeriTag and Iriscope software and related services.
(2) Paid licences for PeriTag and Iriscope are supplied exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law, in particular universities and research institutions.
(3) SIGMA Builder and the Iriscope Reader are provided free of charge and without restriction as to who may use them. They are also open to consumers within the meaning of § 13 BGB. Their use is additionally governed by the special terms in section 10.
(4) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to their application in text form.
2. Conclusion of contract
(1) The presentation of the software on this website does not constitute a binding offer but a non-binding invitation to enquire.
(2) Following your enquiry you receive an individual quotation. The contract is concluded when you accept that quotation in text form. Payment is made by invoice; there is no direct ordering process on this website.
3. Scope of services and rights of use
(1) The customer receives a simple, non-exclusive right, limited in time in accordance with the quotation, to use the software within the agreed scope for their own purposes.
(2) The definitive functional scope follows from the quotation and the product documentation valid at the time the contract is concluded. Statements on this website serve as a general description and do not constitute a guarantee of characteristics.
(3) The software is provided as a download. Activation is by means of a licence file bound to the respective system.
(4) The customer may not rent, lease or sublicense the software, or make it accessible to third parties outside the agreed use. Passing on the licence file is not permitted. Statutory rights under §§ 69d and 69e of the German Copyright Act (UrhG) remain unaffected.
(5) The free SIGMA Builder and Iriscope Reader programmes are governed primarily by the special terms in section 10.
4. System requirements and customer cooperation
(1) The software runs locally on the customer’s systems. Compliance with the system requirements stated in the documentation is the customer’s responsibility.
(2) Individual features, in particular model-assisted detection, object tracking and text recognition, require additional components that are set up on first use. Processing time and output quality of these features depend on the hardware used.
(3) The customer is responsible for backing up their own data regularly.
5. Prices and payment
(1) The prices and payment terms stated in the individual quotation apply. The invoice states the tax treatment applicable in the individual case.
(2) For customers based outside Germany, tax treatment follows the applicable rules.
(3) Invoices are payable in full within 14 days of the invoice date unless otherwise agreed in the quotation.
6. Warranty
(1) The statutory warranty provisions apply. The limitation period for defect claims is twelve months from provision of the software; this does not apply in cases of intent, gross negligence, fraudulent concealment, injury to life, body or health, or where a guarantee has been given.
(2) The customer shall report defects comprehensibly, providing the information needed to identify the fault.
(3) According to the state of the art it is not possible to create software that is entirely free of defects. A defect exists only where the contractual use of the software is significantly impaired.
7. Liability
(1) We are liable without limitation in cases of intent and gross negligence, fraudulent concealment of a defect, under any guarantee given, for injury to life, body or health, and under the German Product Liability Act.
(2) In the event of slightly negligent breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely — liability is limited to the foreseeable damage typical for this type of contract.
(3) Any further liability is excluded.
(4) The software supports scientific analysis; it does not replace expert review of the results. Selecting the analysis methods, assessing data quality, and interpreting and publishing the results remain the customer’s responsibility.
(5) The software is not intended for use in medical diagnostics, patient care or other safety-critical applications.
8. Updates and support
The scope and duration of updates and support services are governed by the respective quotation. There is no further entitlement to continued development or to the implementation of particular features.
9. Export control, sanctions and use restrictions
(1) Provision of the software is subject to the condition that no foreign trade law provisions conflict with it, in particular Regulation (EU) 2021/821 and the sanctions and embargo rules of the European Union and the Federal Republic of Germany as applicable from time to time.
(2) The customer warrants that they are not named on any relevant sanctions list and that they will not pass the software on, directly or indirectly, to sanctioned persons, organisations or countries.
(3) Compliance with import, export and use regulations applicable at the customer’s location is the customer’s responsibility.
10. Special terms for free SIGMA programmes
(1) SIGMA Builder and the Iriscope Reader are provided free of charge. No payment is required to use them.
(2) The user receives a simple, non-exclusive, cost-free right to use SIGMA Builder to create and carry out their own studies.
(3) The user receives a simple, non-exclusive, cost-free right to use the Iriscope Reader to view projects that have already been created. Passing it on unchanged is permitted. Modification beyond the limits of §§ 69d and 69e of the German Copyright Act, and any distribution for a fee, are not permitted.
(4) There is no entitlement to provision, availability, updates or any particular functional scope. Provision may be discontinued at any time.
(5) As the programmes are supplied free of charge, we are liable for defects in quality or title and for any other damage only in cases of intent and gross negligence. Liability under section 7 (1) for injury to life, body or health, under a guarantee and under the German Product Liability Act remains unaffected.
(6) The sample project offered alongside the Reader is intended solely for evaluation. It contains exclusively anonymised data and may be used freely for testing, teaching and demonstration purposes. For the purposes of paragraphs 4 and 5 it forms part of the free provision.
(7) Mandatory statutory rights of consumers remain unaffected.
11. Data protection and confidentiality
The customer’s research data is processed exclusively locally on their own systems. It is not transmitted to us. Our privacy policy applies in addition.
12. Contract language
These terms are also provided in English. The English version serves comprehension purposes only. In the event of discrepancies or questions of interpretation, the German version prevails.
13. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding those rules of private international law that would lead to the application of another legal system. In relation to consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence (Art. 6 (2) Rome I Regulation).
(2) If the customer is a merchant, a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany, Koblenz is the exclusive place of jurisdiction for all disputes arising from this contractual relationship. This jurisdiction agreement does not apply to consumers; statutory jurisdiction rules apply to them.
(3) Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.