Software Usage Agreement

Gerlach Maschinenbau GmbH (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").

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.

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.

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.

The Customer is obliged to provide truthful information during registration and to keep access credentials confidential. The Provider is entitled to temporarily suspend accounts if there is reasonable suspicion of misuse.

VulcaRAMix is offered in three plans; their current feature scope and pricing can be viewed at /preise:

On the Basic and Professional plans, usage is billed in tokens: Basic includes 2,500 tokens per month, Professional 300,000 tokens per month. These included tokens expire at the end of each month, before the new billing period begins, 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 "approx. 50 simulations" (Basic) and "approx. 100 simulations" (Professional) figures stated in the pricing section are approximate guides, not a guaranteed number of simulations. On the Enterprise plan, the token and simulation volume follows the individual agreement, at most unlimited under fair use (see § 3).

Once the monthly token allowance is used up, the Customer may, on the Basic and Professional plans, purchase additional tokens at any time to unlock further simulations, or alternatively switch to a higher plan. Purchased tokens do not expire; when tokens are consumed, the included tokens are used first. The scope and price of token packages can be viewed via the user account.

The Basic plan begins with a trial period of 30 days. If the Customer does not take out a paid subscription after the trial period ends, access to the functions of VulcaRAMix ends.

After the trial period ends without a subscription, and after a subscription has ended, the Customer has read-only access to its data for 90 days; new simulations are not possible during this time. After the 90 days, the Provider deletes the Customer's data.

For Basic and Professional plans billed monthly, the agreement may be cancelled at any time, effective at the end of the current month.

For plans billed annually, the agreement runs for a fixed term of twelve months; cancellation takes effect at the end of that term. Ordinary termination before the end of the annual term is excluded; the right to extraordinary termination for good cause remains unaffected.

Cancellations may be submitted via the user account or in text form (email is sufficient) to the contact address given in the legal notice.

The prices stated at /preise at the time the agreement is concluded apply, each net plus statutory VAT. For annual billing, the Provider grants the discount shown on the pricing page relative to monthly billing.

The Enterprise plan and individual offers for corporate groups with multiple sites (§ 2, § 3) are agreed separately.

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.

The Provider strives to ensure high availability of VulcaRAMix but does not warrant uninterrupted availability; maintenance windows will be announced where possible.

VulcaRAMix calculates temperature and cure profiles based on physical models and the parameters entered by the Customer. Simulation results are non-binding computational approximations. The Customer cannot derive any legal claim whatsoever against the Provider from the simulation results.

The Provider gives no guarantee and no warranty that the simulation results can be transferred to a real customer application. Whether and to what extent real-world process results match the simulation results depends on numerous factors outside the Provider's control (e.g. material batches, machine condition, ambient conditions). Validating the simulation results on the real production line is the Customer's sole responsibility.

Any liability of the Provider for damages arising from the use or application of the simulation results is excluded; this applies regardless of the legal basis, including in particular indirect damages, loss of profit, and consequential damages resulting from incorrect or inaccurate simulation results. This exclusion of liability does not apply where liability is mandatory under law — in particular for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

Personal data processed in connection with registering for and using VulcaRAMix is described in our privacy policy (/rechtliches/datenschutz). To operate the platform, the Provider uses IONOS SE as a data processor (among other things for server hosting, sending emails, and data backup); a data processing agreement pursuant to Art. 28 GDPR is in place between the Provider and IONOS for this purpose, compliance with which IONOS demonstrates through an ISO 27001 certification.

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

Recipe, product and other usage data that the Customer stores in VulcaRAMix is not stored server-side with end-to-end encryption; read access is therefore technically possible for authorized administrators of the Provider as well, for example for troubleshooting, technical support, or system maintenance. The Provider limits this access to what is necessary for these purposes, binds its employees and administrators to confidentiality, and uses Customer data exclusively to provide the contractually owed service.

The Provider may amend this agreement and the plans with reasonable advance notice, for example to introduce new features or implement legal requirements. In the event of material changes to the Customer's disadvantage, the Customer has a special right of termination.

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the registered seat of Gerlach Maschinenbau GmbH.

Should any individual provisions of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected.