Software Usage Agreement VulcaRAMix

(1) Gerlach Maschinenbau GmbH, Berger Feld 3–5, 41334 Nettetal, Germany (the "Provider") operates the cloud-based simulation software VulcaRAMix for calculating temperature and cure profiles in the continuous vulcanization of elastomer profiles. This agreement governs the provision of VulcaRAMix as software-as-a-service (SaaS) to the registered company (the "Customer").

(2) VulcaRAMix is offered exclusively to businesses. Customers may only be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, special funds under public law, and companies outside Germany acting in the course of their trade, business or profession. Consumers within the meaning of Section 13 BGB are excluded from registration and use.

(3) When registering, the Customer expressly confirms that it is acting in the course of its trade, business or profession, and provides its company name, address and VAT identification number or, if it has none, its commercial register number or a comparable official registration number. The Provider may verify this information and request proof. Anyone who falsely claims to be a business when registering cannot later invoke consumer protection provisions.

(4) Only these terms apply. General terms and conditions of the Customer do not become part of the contract, even if the Provider does not expressly object to them or provides services in the knowledge of such terms.

(1) The user account is created per company, not per individual. Depending on the booked plan, the Customer may manage employees as users within its account (Basic: up to 3, Professional: up to 10 users; Enterprise: by agreement). All users of a customer account access the same features, tokens and data; the Customer is responsible for the conduct of these users under this agreement.

(2) Direct registration is open to customers of Gerlach Maschinenbau GmbH. Registrations by other companies are reviewed manually by the Provider and activated after a successful review; there is no entitlement to activation.

(3) By completing the registration, the Customer makes an offer to conclude this agreement. The agreement is concluded when the Provider activates the account and confirms this in text form. Booking a paid plan or a token package is an offer by the Customer that is accepted when the Provider confirms the booking.

(4) Corporate groups with multiple sites receive, on request, an individual Enterprise offer with site-based user management and administration, which may differ from the standard plans described in § 3.

(5) The Customer shall provide truthful information and keep it up to date, and shall keep access credentials confidential. If there is reasonable suspicion of misuse, the Provider may temporarily suspend the account. The Provider informs the Customer of the suspension and its reason without delay, unless this would defeat the purpose of the suspension.

(1) VulcaRAMix is offered in three plans. The feature scope and price shown at /preise at the time of booking apply:

(2) The Provider may further develop VulcaRAMix, provided that the core functions of the booked plan are maintained.

(1) On the Basic and Professional plans, usage is billed in tokens: Basic includes 2,500 tokens per month, Professional 300,000 tokens per month. Included tokens expire at the end of each month and do not carry over to subsequent months. A single simulation consumes a varying number of tokens depending on product size and line complexity; the figures "approx. 50 simulations" (Basic) and "approx. 100 simulations" (Professional) are guide values, not a guaranteed number of simulations.

(2) Once the monthly allowance is used up, the Customer may purchase additional tokens at any time or switch to a higher plan. Included tokens are used first. Purchased tokens do not expire during the term of the agreement; unused purchased tokens lapse when the agreement ends. They are only refunded if the Provider terminates the agreement without cause or the Customer terminates it for good cause for which the Provider is responsible. The scope and price of token packages can be viewed via the user account.

(3) On the Enterprise plan, the volume follows the individual agreement.

(1) The Provider makes VulcaRAMix available with an availability of 98% averaged over the calendar year. Announced maintenance windows and disruptions outside the Provider's control (e.g. network disruptions on the Customer's side, force majeure) are not taken into account. The Provider announces maintenance windows in advance where possible and schedules them outside usual business hours where possible.

(2) The Customer shall report disruptions without delay in text form with a comprehensible description.

(1) The Basic plan begins with a free trial period of 30 days. The trial period ends automatically; it does not convert into a paid subscription unless the Customer actively books one.

(2) Monthly billing: the agreement runs for an indefinite period and may be terminated at any time with effect at the end of the current month.

(3) Annual billing: the agreement runs for a fixed term of twelve months and ends at the end of this term without notice of termination being required; it is not renewed automatically. The Provider reminds the Customer in text form no later than one month before the end of the term; the Customer may extend by booking a new term. Ordinary termination before the end of the term is excluded.

(4) The right of either party to terminate for good cause remains unaffected. Terminations may be submitted via the user account or in text form (email is sufficient) to the contact address given in the legal notice.

(5) After the trial period without a subscription and after the agreement has ended, the Customer has read-only access to its data for 90 days and may export it in a common format; new simulations are not possible during this time. After the 90 days, the Provider deletes the Customer's data. This does not apply to data that the Provider must retain by law (e.g. invoices and accounting records) or needs to defend against claims (e.g. proof of acceptance of the agreement, token consumption records); such data is deleted when the respective retention period ends, as set out in the privacy policy.

(1) The prices stated at /preise at the time of booking apply, each net plus statutory VAT where applicable. For annual billing, the Provider grants the discount shown on the pricing page.

(2) Fees are payable in advance: monthly for monthly billing, annually for annual billing. Payment is made via the payment methods offered through the payment service provider Stripe. Existing customers of the Provider may, by agreement, pay by invoice; invoices are payable within 14 days without deduction.

(3) If the Customer is more than 14 days in arrears with an amount exceeding one monthly fee, the Provider may suspend access after prior notice in text form until the arrears have been settled. The claim to payment remains unaffected.

(4) For agreements with monthly billing, the Provider may adjust the fees with six weeks' notice in text form with effect from the start of a billing period, at the earliest twelve months after conclusion of the agreement or the last adjustment. The Customer may terminate the agreement with effect from the date the adjustment takes effect; the Provider points this out in the notice. For annual billing, the price applicable at the time of the respective booking applies to the entire term.

(5) The Enterprise plan and individual offers for corporate groups (§ 2 (4)) are agreed separately. The Customer may only set off claims that are undisputed or have been finally established by a court.

(1) For the term of this agreement, the Provider grants the Customer a simple, non-transferable right to use VulcaRAMix within the scope of the booked plan. Sharing access credentials with third parties outside the Customer's company, reverse engineering the software, and automated bulk querying beyond the intended user interface are not permitted, except to the extent mandatorily permitted by law.

(2) The data entered by the Customer (in particular compound, product and machine data) and the simulation results remain the Customer's. The Provider uses them exclusively to provide the contractually owed service. The Customer is responsible for ensuring that it is entitled to enter the data.

(1) VulcaRAMix calculates temperature and cure profiles based on physical models and the parameters entered by the Customer. The Provider owes the calculation according to the model described. The results are computational approximations; their transferability to a real production line is not part of the service. Real process results depend on factors outside the Provider's control (e.g. material batches, machine condition, ambient conditions). It is the Customer's responsibility to check the results before using them in production.

(2) 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 given.

(3) In cases of slight negligence, the Provider is only liable for breach of an essential contractual obligation whose fulfilment makes proper performance of the agreement 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 of conclusion, but to no more than EUR 25,000 per incident and EUR 50,000 per contract year. Otherwise, liability for slight negligence is excluded.

(4) Strict liability of the Provider for defects existing at the time the agreement is concluded (Section 536a (1) first alternative BGB) is excluded.

(5) For loss of data, the Provider is liable within the limits of paragraphs 2 and 3 only for the effort that would have been required to restore the data had the Customer backed it up properly.

(6) The above limitations also apply in favour of the Provider's executive bodies, employees and vicarious agents.

(1) Personal data processed in connection with registering for and using VulcaRAMix is described in our privacy policy (/rechtliches/datenschutz). To operate the platform and the application (including server hosting, database, identity/login service, sending emails and data backup), the Provider engages its group company Rameckers Anlagen- und Beteiligungs GmbH, Berger Feld 3–5, 41334 Nettetal, Germany, as data processor; a data processing agreement pursuant to Art. 28 GDPR is in place for this purpose. IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany, is engaged as data centre provider (sub-processor). Processing takes place exclusively within the European Union or the European Economic Area.

(2) Payments are processed via Stripe Payments Europe, Limited, Dublin, Ireland. Details are set out in the privacy policy.

(3) Where the Provider additionally processes personal data on the Customer's behalf as part of the simulation, for example because the Customer stores personal data within its own compound or product data, the parties shall enter into a separate data processing agreement pursuant to Art. 28 GDPR on request.

(4) Compound, product and other usage data stored by the Customer in VulcaRAMix is not stored with end-to-end encryption; read access is therefore technically possible for authorized administrators of the Provider, for example for troubleshooting, technical support or system maintenance. The Provider limits this access to what is necessary, binds its employees and administrators to confidentiality, and uses Customer data exclusively to provide the contractually owed service.

(1) The Provider may amend these terms with effect for the future where this is necessary for a valid reason, in particular due to changes in the law or case law, to close gaps in the provisions, or when introducing new features. Main performance obligations and prices are not changed to the Customer's disadvantage in this way; price adjustments are governed exclusively by § 7 (4).

(2) The Provider notifies changes in text form at least six weeks before they take effect. If the Customer does not object before they take effect, the changes are deemed accepted; the Provider points out this consequence separately in the notice. If the Customer objects, either party may terminate the agreement with effect from the date the changes take effect.

(1) This agreement is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the registered seat of the Provider (Nettetal). The Provider may also sue the Customer at its general place of jurisdiction.

(3) This agreement is concluded in German and English. In the event of discrepancies, the German version prevails.

(4) Individual agreements deviating from these terms require text form.

(5) Should individual provisions of this agreement be or become invalid, the validity of the remaining provisions remains unaffected.

As of: November 2026