Terms and Conditions for users of advarics.retail solutions

1. Scope of services
   1. The customer acquires the right to use the software products and/or software services described in the purchase, rental or usage contract and the
      associated parts of the contract. A change to the selected services, addressees or other contractual components can only be made by written
      notification to advarics.
2. Right of use
   1. The customer receives a non-exclusive and non-transferable right to use the subject matter of the contract for use in the customer's normal business
      operations. The customer confirms that it will use the software and services exclusively for its own purposes, will not pass on the software or parts
      thereof, including documentation, to third parties, will not use it in service operations for third parties and will not copy or otherwise reproduce the
      software. Any use other than the agreed use requires the prior written consent of advarics. This does not apply to the making of copies for the
      customer's own data backup.
   2. The customer acknowledges that the software is a trade secret of the manufacturer, and furthermore that all rights to the software (in particular
      patents or copyrights) remain with the patent holder or author, while the rights to use the work remain in any case with advarics. If the software or
      parts thereof are not to be regarded as works within the meaning of the Copyright Act, it is agreed that the software will be treated in its entirety as
      such works.
3. Warranty, product liability
   1. The professional operation and use of the purchased software licenses and their components is the sole responsibility of the customer. advarics
      warrants that the software and services comply with the functions defined and agreed in the purchase, rental or usage contract at the time of
      commissioning. Deviations from the range of services or additional requirements must be confirmed in writing by advarics.
   2. If advarics has adapted the software to the customer's particular circumstances or realized individual solutions within a project order, advarics shall
      only be liable if the customer's information is correct, complete and in writing, and the scope of performance has been confirmed by advarics in
      writing.
   3. The customer is advised that, given the current state of technical development, errors in the software cannot be completely ruled out.
   4. advarics does not guarantee the accuracy of the data presented, as it is based on input from third parties. Furthermore, advarics is not liable for the
      accuracy of third-party data that is exchanged between market participants and advarics software systems via electronic processes (e.g. EDI).
   5. advarics guarantees high availability and functionality of the software products and data services. advarics guarantees the following response times for
      the rectification of technical faults. For advarics.retail and advarics.cash software, advarics guarantees a response time of 24 hours on the following
      working day. For the services of the data center providers (server hosting, server backup), the SLAs of the respective providers apply (see offer and
      order).
   6. In the case of program errors that require software development or a software update, an update date can only be set for the development of the
      update after the problem has been analyzed.
   7. The customer is not entitled to any compensation in this respect. advarics and its affiliated companies shall only be liable for any damage for
      themselves and their vicarious agents - irrespective of the legal grounds, including tort - if advarics or its affiliated companies or their vicarious agents
      culpably breach a material contractual obligation in a manner that jeopardizes the purpose of the contract or if the damage is attributable to gross
      negligence or intent on the part of advarics or its affiliated companies or their vicarious agents. The liability of advarics or its affiliated companies
      under the provisions of the Product Liability Act remains unaffected.
   8. It is mutually agreed that an error or defect only exists if it can be reproduced at any time under the same system conditions in the presence of a
      representative of advarics and the customer provides advarics with all relevant documentation. Within the scope of warranty and compensation,
      advarics is obliged, at its discretion, to repair or replace the affected software parts at an advarics facility. Any further claims are excluded.
   9. In connection with defects, damage and product faults, the customer waives the right of retention, to refuse its own performance or to declare
      offsetting against its own claims. If the customer makes changes to the delivery item himself or through third parties, any liability shall lapse.
   10. Furthermore, advarics is not liable for incorrect or incomplete interpretations of the data, analyses, statistics, etc. provided by the user.
   11. Liability for other reasons and for all other damages, consequential damages, indirect damages or, in particular, loss of profit is excluded.
   12. The warranty claim is limited to the duration of the concluded contract and relates to advarics software and services. For other software components
       (e.g. operating system, databases or business software from other manufacturers) and hardware, the warranty provisions of the respective
       manufacturer/supplier apply exclusively.
4. Third-party transmission paths
   1. The contractual service is provided in part through access to telecommunications networks and systems of other operators (computer center, Internet
      lines). advarics is not liable for events or disruptions that cause damage and are attributable to transmission paths, switching equipment or other
      technical equipment of these operators or other third parties. Should advarics be entitled to claim damages from other providers, advarics may assign
      these to the customer. Any further liability on the part of advarics or its affiliated companies is excluded by mutual agreement in such cases.
   2. advarics, or the companies associated with advarics, do not guarantee that the services offered will be available at all times, in full, or within certain
      periods of time.
5. Data access and security
   1. advarics provides the customer with the software products and/or software services described in the purchase, rental or usage contract and the associated contractual components by means of a web browser. For its part, the customer provides the hardware and software required for access to
      the Internet (World Wide Web) and the advarics platform as well as access at its own expense.
   2. Security: The customer is informed of the fundamental risk of using data via the Internet. The customer bears sole responsibility for the confidential
      treatment of access data to advarics software and/or advarics software services. If misuse is suspected or discovered, the customer must inform
      advarics immediately.
6. Privacy policy
   1. advarics undertakes to comply with the applicable data protection regulations of the European Union. The customer is advised that the personal data
      collected in the context of this agreement will be stored by advarics in the context of the fulfillment of the contract with the customer.
   2. advarics guarantees the participating partners absolute confidentiality in the handling of the data provided. advarics protects the data provided
      against access by and disclosure to third parties by means of the strictest security precautions.
   3. advarics fulfills all legal standards (DschG) of modern data protection. The data exchange between the participating partners and the advarics platform
      is 128-bit encrypted and uses security certificates to verify the origin and authenticity of the data. Nevertheless, advarics expressly draws the
      customer's attention to the fact that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed
      according to the current state of the art. Other participants on the Internet may also be technically capable of interfering in network security without
      authorization and controlling message traffic.
   4. The customer is aware that advarics has the technical ability to view data stored on the advarics infrastructure at any time. advarics will treat this data
      as strictly confidential. To this end, all employees or third parties who come into contact with the management of the infrastructure are contractually
      obliged to maintain strict confidentiality and secrecy and have been instructed with regard to the applicable data protection law.
   5. advarics reserves the right to exclude users of advarics software and/or software services from using them if there is reasonable suspicion of misuse of
      the services and data provided by advarics.
7. Obligations
   1. The customer undertakes to indemnify and hold advarics and its affiliated companies harmless from and against all claims and demands arising from
      unlawful or unauthorized use of advarics software and/or software services that fall within the sphere of the customer or third parties.
8. Remuneration and terms of payment
   1. The agreed price is exclusive of VAT and applies as described in the service offer. The fees correspond to the current cost situation. advarics reserves the
      right to make price adjustments, which may be in line with the general annual rental price index adjustment (consumer price index).
9. Hotline, service and updates
   1. As part of this contract, an agreement on software maintenance is made at the same time. The customer has the right to make use of the following
      services if the rental agreement is valid and the rental fees are paid on time:
   2. Services:
      Telephone hotline during official office hours.
      Troubleshooting of trained and commissioned software modules as part of the software implementation by advarics employees.
      Should the system fail due to advarics software errors, advarics guarantees to restore functionality free of charge within 48 hours on working days. If
      remote maintenance with the customer is not possible and the reason for the communication fault is not attributable to advarics, the costs of the onsite
      repair will be charged. Data reorganization is carried out by advarics in advarics' workshops; if the customer requests that work be carried out at the
      site where the IT system is installed, all travel costs and expenses will be borne by the customer.
   3. Updates:
      A new program version (update) is sent to the customer at irregular intervals. These updates also contain program enhancements that are within the
      scope of the purchased software licenses. Individual program changes or further developments that are integrated by advarics into the standard version
      of the software are also free of charge for the customer. This also includes additions to the relevant documentation.
      Customer-specific program changes are not included in the rental agreement and will be charged at the applicable fee rates.
   4. Remote maintenance:
      The customer undertakes to purchase remote maintenance software as specified. The customer undertakes to enable access to his advarics programs
      and data via remote maintenance at all times.
   5. Training and services via the hotline:
      advarics offers training courses for a fee to impart the knowledge required to use the software. By training its personnel, the customer will avoid the
      advarics hotline having to provide services even though only operating errors or lack of knowledge exist. Otherwise advarics has the right to increase
      the rental fee accordingly.
      Training and general services relating to advarics products can in principle be provided and offered by advarics employees via the hotline. However,
      these are expressly not part of the monthly rental fee and will be invoiced according to actual expenditure at the applicable hourly and daily rates.
      The customer is required to schedule training and support services in good time via the advarics support team. An immediate service cannot be
      guaranteed without an appointment.
      Services that become necessary due to willful or negligent misuse of the entire IT system by the customer's employees or due to damage to software
      components (e.g. computer viruses) are not covered by this rental agreement and will be charged at the applicable rates on a time and material basis.
10. Data backup / legal obligation to retain data
    1. advarics.cash
       The customer is responsible for the regular and proper data backup of the POS software and in particular the POS database on the POS computer after
       each working day.
       This applies in particular to the retention of the legally required cash register data within the respective statutory retention period after
       decommissioning or termination of this contract.
       Expenses incurred by advarics for the restoration of correct data resulting from improper data backup will be charged at the applicable fee and travel
       expenses rates on a time and material basis.
    2. advarics.retail
       The data backup of advarics.retail is carried out by advarics in the data center and is included in the monthly rental fees.
       If the software is decommissioned or this contract is terminated, the customer must export all relevant, necessary or legally required data from the
       software and back it up themselves. Upon termination of the contract, the data will no longer be available.
11. Retention of title

    1. Liberation
       advarics retains title to the software supplied until the rental/purchase price has been paid in full to satisfy all claims. The customer/buyer cannot acquire
       ownership of the products supplied by installing them in other devices. Any processing of the products supplied by advarics is carried out for advarics,
       without any obligations arising for advarics. The customer/buyer will hold the products to which advarics retains sole or co-ownership as custodian for
       advarics with due commercial care.

    2. Disposal
       The products subject to retention of title may only be sold in the ordinary course of the customer's/buyer's business. Other dispositions that jeopardize
       advarics' rights, in particular pledges or transfers by way of security, are not permitted. The customer/buyer hereby assigns to advarics by way of
       security any claims to which he is entitled for resale or for any other legal reason relating to the products subject to retention of title. If he sells the
       products subject to retention of title together with other goods, if necessary also after processing or in combination with other goods, he hereby assigns
       his claims to the purchase price insofar as they correspond to the value of advarics' share of ownership of the product subject to retention of title. The
       customer/buyer is revocably authorized and obliged to collect the assigned claims. advarics may notify the customer's/buyer's customers of the
       assignment at any time.

    3. Duty to inform
       The customer/buyer will at all times provide advarics with all requested information about the products subject to retention of title and about claims
       assigned to advarics hereunder. In the event of access by third parties to products subject to retention of title, the customer/buyer will draw attention to
       advarics' ownership and notify advarics immediately. The costs of any intervention shall be borne by the customer/buyer.

    4. Claim
       If the customer/buyer does not properly meet his payment obligations, advarics is entitled to take possession of the reserved goods at any time; this
       does not constitute a withdrawal from the contract if the customer is a merchant.

12. Contract amendments
    1. Amendments or additions to this software license agreement are only valid if they are made expressly and in writing. There are no collateral
       agreements.
13. Runtime

    1. This agreement runs for an indefinite period. It can be terminated by the customer with three months' notice to the end of the month.

    2. If advarics terminates the contract for good cause, advarics undertakes to keep the customer's software system in operation for a period of 6 months
       from the date of termination. This explicitly excludes termination for good cause in the event of late payment despite a request for payment or
       bankruptcy. The system costs shall continue to be paid by the Customer for the period until the system is shut down.

    3. The right to terminate this agreement prematurely for good cause exists in particular if the customer persistently violates this agreement, fails to make
       payments on time, commits software license and copyright violations, or violates the applicable data protection regulations (DschG).

14. Amendment of the contractual provisions
    1. advarics may amend or supplement the contractual terms and conditions. The customer will be notified of any amendments or additions in writing. They
       shall be deemed to have been approved by the customer if he does not send a written objection within four weeks of receipt of the notification.
15. Severability clause
    1. If the software license and maintenance agreement contains a loophole or if a contractual provision is or becomes invalid in whole or in part, the
       remainder of the agreement shall remain valid. In place of the missing or invalid contractual provision, a contractual provision shall be deemed to have
       been agreed which comes closest to the economic purpose originally intended by the contracting parties.
16. Place of jurisdiction
    1. The exclusive place of jurisdiction for all disputes arising from this contract is 6020 Innsbruck. The law of Austrian law shall apply.