General Terms and Conditions

Martini Software GmbH · Version 1.0, 10 November 2026 (translation)

Part A — General Part

§ 1 Subject matter, structure and scope

(1) These General Terms and Conditions (the “Terms”) govern the use of the Software and Services of Martini Software GmbH (“Martini”, § 2 (1)) and the purchase and use of Project Licences.

(2) The Terms consist of this General Part (Part A) and the Special Terms for the respective product, currently the Special Terms for the product “Martini Fuzzlecheck Viewer” (Part B). They have a single common version.

(3) The General Part applies to all products of Martini. The Special Terms of a product apply only to the use of that product. Whoever uses only one product is subject only to the General Part and the Special Terms of that product.

(4) In the event of a conflict, the Special Terms of a product take precedence over the General Part, to the extent that it concerns the use of that product.

(5) Deviating or supplementary terms of the User or of the Customer do not become part of the contract, even if Martini does not expressly object to them.

(6) For a term of the Project Licence, including as against the Members of the Project, the version that applied when the contract for that term was concluded governs; for a term that was not purchased, the version that applied at activation. A change of Licence Holder and a later acceptance of a newer version do not alter this; § 24 (5) remains unaffected. The version that governs the term determines what the Project offers and who has which rights in it, not the duties of a Member. Everything else is governed by the version the individual User last accepted (§ 24).

§ 2 Contracting parties and definitions

(1) The contracting party on one side is Martini Software GmbH, Sparrstraße 28, 13353 Berlin, entered in the commercial register of the Local Court (Amtsgericht) Berlin-Charlottenburg under HRB 291177 (“Martini”).

(2) The contracting party on the other side is the User. In a paid contract for a Project Licence, the contracting party is the Customer.

(3) For the purposes of these Terms:

a) Software and Services: Martini's applications for mobile devices and for desktop computers, applications provided in the browser, the web portal, the associated programming interface and the functions provided with them.

b) User: the natural person who maintains a User Account.

c) User Account: the personal access assigned to an individual natural person, which identifies that person and is a precondition of any use of the Software and Services.

d) Customer: the User or the company for which the User purchases a Project Licence for a fee.

e) Right of Use: the right to use the Software and Services within the framework of these Terms (§ 5).

f) Project: the compilation of the planning data of a production in the Software, with its settings and, in the case of an Online Project, its Members.

g) Local Project: a Project whose data resides solely on the User's device (§ 7).

h) Online Project: a Project whose data is processed on Martini's servers and that can have further Members.

i) Project Licence: the right, relating to a specific Online Project, to use its functions for the agreed term (§ 8).

j) Trial Licence: a Project Licence that Martini provides without a price (§ 14).

k) Licence Holder: the User whose User Account the Project Licence of a Project is assigned to (§ 13).

l) Admin: a Member who administers an Online Project. Member: a User who belongs to an Online Project.

m) Third-Party Service: software or a service of a third party from which the Software obtains planning data or on which its use depends (§ 18). Third-Party Service Project: the planning of a production that is kept in the Third-Party Service; it is not a Project within the meaning of letter f).

n) A consumer (*Verbraucher*) is every natural person who concludes a legal transaction for purposes that predominantly fall outside both their commercial and their self-employed professional activity. A business (*Unternehmer*) is every natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

§ 3 Intended use

(1) The Software and Services are intended for use in the professional setting of film and television production. Any other use is not the subject of these contracts.

(2) The User Account and local use are the personal form of this intended use. Use for private purposes outside a professional context is not intended.

(3) Paid Project Licences are aimed exclusively at businesses and are issued only to businesses that purchase them for their commercial or self-employed professional activity. The Customer declares when ordering that they act in this sense.

(4) If a User is a consumer, the rights to which they are mandatorily entitled remain unaffected.

§ 4 User Account

(1) Any use of the Software and Services requires a User Account. Registration is made with a name, an e-mail address and a password. The e-mail address must be confirmed by means of a link that Martini sends to it; only then is the User Account active.

(2) Only persons who are of legal age and have full legal capacity, and who are entitled to conclude the contract in their own name or for the company they represent, may create a User Account. If it turns out that these conditions are not met, Martini may block or delete the User Account.

(3) The User Account identifies a single person and is not transferable. The User's details must be correct and complete and must be kept up to date. Access credentials must be kept secret and must not be passed on. If there is reason to believe that third parties have access to a User Account, Martini must be informed without undue delay.

(4) By registering, the User accepts these Terms in the version then published. For each acceptance, Martini stores the version, the language in which the Terms were displayed, and the time.

(5) The User can delete their User Account in the web portal. If they are the sole Admin of a Project that has further Members, deletion requires that they first transfer administration to another Member; the web portal points this out to them. If the Project itself is to be deleted earlier, § 12 (4) applies. The consequences of deletion are governed by § 16.

(6) Inactive User Accounts. If a User has not signed in for 24 months, Martini may delete the User Account. Beforehand, Martini points out the impending deletion twice, at an interval of at least 30 days, by e-mail to the address of the User Account and states how it can be averted. The term of a Project Licence is not shortened by this; if the User is the Licence Holder or an Admin of a Project with a running Project Licence, deletion does not take place until the end of that term.

§ 5 Right of Use for the Software

(1) Martini grants the User, for the duration of the usage relationship, a non-exclusive, non-transferable and non-sublicensable right to use the Software and Services for the purposes described in these Terms.

(2) Which functions are open to the User follows from local use (§ 7) and from a Project Licence (§ 8).

(3) The Software contains third-party components, in particular open-source software. The respective licence terms apply to these. The associated notices can be accessed in the Software and in the web portal.

§ 6 Limits of use

(1) The User is prohibited from:

a) circumventing technical restrictions of the Software, in particular the restrictions of the purchased scope of service;

b) passing on access credentials or making the User Account available to third parties;

c) reproducing, modifying, translating or reverse-engineering the Software, except where mandatory statutory provisions permit this;

d) renting, lending or reselling the Software or the Services, or making them available to third parties for a fee;

e) querying the Services automatically to an extent that goes beyond the intended use, or carrying out load and security tests without Martini's prior written consent;

f) impairing the security of the Services or gaining access to the data of other Users or Projects;

g) using Martini's trade marks, logos and other identifying marks beyond use in accordance with the contract.

(2) In the event of a breach, Martini may proceed under § 20 and under § 16 (4). Martini's further statutory and contractual rights, in particular to injunctive relief, removal of the infringement and damages, remain unaffected.

§ 7 Local use without a Project Licence

(1) Without a Project Licence, a User may, depending on the product and where applicable, create Local Projects on their own device and import files containing planning data manually. The scope of functions and the number of Local Projects follow from the service description of the product.

(2) Local use serves to try out the core functions of the Software before a Project is licensed.

(3) The data of Local Projects remains on the User's device. Martini does not receive the file or its content.

(4) Local use includes neither a connection to a Third-Party Service nor the admission of further Members.

(5) Local use is free of charge. It has no fixed term and exists for the duration of the usage relationship (§ 16). Martini may restrict or discontinue it for an objective reason and informs the User of this in advance with reasonable notice.

§ 8 Project Licences: types, scope of service and purchase

(1) A Project Licence enables the functions of an Online Project, in particular the connection to a Third-Party Service and the admission of further Members.

(2) Project Licences are purchased for a fee or provided as a Trial Licence (§ 14).

(3) The scope of service, the tiers offered and the prices follow from the presentation on Martini's website and order page at the time of the order. Martini may change the scope of service, the tiers and the prices for future orders. For a Project Licence already purchased, the agreed scope of service and the price paid remain unaffected.

(4) A Project Licence applies to one Project and is bound permanently to that Project upon activation (§ 11).

(5) Project Licences are purchased in the web portal. Signing in with the User Account is required for this; an order without a User Account is not possible. The applications for mobile devices contain no purchase function and show no prices.

§ 9 Conclusion of contract and contract language

(1) The presentation of Project Licences in the web portal is not a binding offer. By completing the order on the order page, the Customer makes a binding offer and remains bound to it for five working days. Martini confirms receipt of the order; the confirmation of receipt is not an acceptance. The contract is concluded when Martini accepts the offer within the binding period, by a declaration of acceptance in text form (for example by e-mail) or by providing the Project Licence. The Special Terms of the product may specify the time of acceptance more precisely.

(2) If no contract is concluded, Martini informs the Customer of this.

(3) When ordering, the Customer accepts these Terms in the version then published by ticking the box provided for this purpose. Martini stores the version, language and time of the acceptance.

(4) Martini stores the order data. The Customer receives the contract terms and the confirmation by e-mail. Invoices and Project Licences can be accessed in the web portal.

(5) The contract language is German. The German version of these Terms is the binding one. Martini provides an English translation to aid understanding and displays it at registration and at ordering if the User uses the English interface. If the translation deviates from the German version, the German version prevails. Martini stores the German version that was accepted and the language in which the Terms were displayed.

(6) If the Customer is a business, the parties agree that the obligations under § 312i (1) sentence 1 numbers 1 to 3 and sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) do not apply.

§ 10 Prices, invoice and taxes

(1) The prices follow from the order page. They are exclusive of statutory value added tax (VAT) where it applies. No further costs arise unless the order page states otherwise.

(2) Payment is made in advance through a payment service provider. The payment methods stated on the order page are available. Martini neither receives nor stores card or bank details.

(3) For every purchase, Martini issues an invoice and sends it by e-mail to the invoice recipient stated. An invoice is changed only by cancelling it with a credit note and issuing a corrected invoice. The invoice details must be checked before ordering.

(4) Businesses in other Member States of the European Union with a valid VAT identification number owe the VAT under the rules on the reverse charge (liability of the recipient of the service); German VAT then does not arise, and the net price remains unchanged. A valid number must be stated when ordering.

(5) Vouchers are redeemed when ordering and credited against the price, subject to the conditions stated with the voucher.

§ 11 Activation and binding to a Project

(1) On conclusion of the contract, the Project Licence is provided to the User Account with an activation code. It can be used only once it has been activated.

(2) Activation takes place in the web portal by assigning the Project Licence to a Project and completing the setup. For products connected to a Third-Party Service, this includes connecting the Project to that service (§ 18). Assignment to a draft does not activate.

(3) On activation, the Project Licence is bound permanently to the Project. The Project is identified by the ID that the Third-Party Service assigns. A transfer to another Project is not possible. If a production moves into a new Third-Party Service Project, for example when switching to a new program version, Martini decides on a re-assignment on request.

(4) Every Project Licence has an activation code, which can be used only once. The code can be passed on so that another person applies the Project Licence in the web portal. If the Customer passes the code on, the Customer is responsible for ensuring that the recipient uses it as intended and for the intended Project. The code is used up on activation. As long as it has not been used up, the Customer can revoke it; the revocation also undoes any assignment created by the code. Whoever activates a Project Licence that was not purchased, for example when using as intended a Trial Licence provided at no cost, becomes the Licence Holder on activation.

(5) A Project Licence must be activated within the activation period stated in the Special Terms. The period begins with the conclusion of the contract. Martini sends a reminder before it expires, by e-mail and in the web portal. When the period expires, the term begins, even if the Project Licence has not been activated (§ 12 (1)). It can still be activated afterwards as long as the term has not expired, and then has only the remaining term. After the term has expired, it can no longer be activated; no refund takes place. A Project Licence that serves for renewal (§ 12 (2)) is applied within the same period; it then follows on from the end of the previous term with its full term. Only one renewal can be queued at a time.

§ 12 Term of the Project Licence, renewal and end

(1) The term of a Project Licence begins with its activation, at the latest when the activation period expires (§ 11 (5)). Its length is governed by the Special Terms of the product.

(2) A Project Licence does not renew automatically. Martini does not store any means of payment and debits nothing. Renewal takes place by an Admin of the Project applying the activation code of a further Project Licence in the web portal (§ 11 (4), § 13 (2)); only one queued renewal is possible (§ 11 (5)). If renewal takes place before expiry, the new term follows on from the previous end. If renewal takes place after expiry, the new term begins on the day of renewal.

(3) If the term ends without renewal, the grace period, the blocking period and deletion apply under the Special Terms of the product. If the Project Licence is renewed, or newly purchased and activated, before deletion, Martini restores access and synchronisation in full.

(4) Earlier deletion of an Online Project. The Licence Holder and any Admin of the Project may request in text form, to the e-mail address stated in the Imprint (Impressum), that Martini delete an Online Project before the end of the term. All Project data and the service account created for the Project are then deleted, and all Members lose access. A Project Licence that is still running is thereby used up; its remaining term cannot be transferred to another Project. Before deletion, Martini states these consequences in text form and deletes without undue delay after the requester's confirmation, at the latest within 14 days. Statutory rights remain unaffected.

(5) A Member can leave a Project at any time.

§ 13 Licence Holder, administration and Members

(1) The Licence Holder is the User whose User Account purchased the term currently in effect; when a new term begins, it determines the Licence Holder. Only if the term was not purchased or the purchasing User Account no longer exists is the Licence Holder the User whose User Account activated the term or renewed it by redeeming an activation code.

(2) The Licence Holder need be neither an Admin nor a Member of the Project. The Licence Holder receives the notices on expiry and deletion. If the Licence Holder is not an Admin of the Project, they cannot carry out the renewal themselves; they can purchase a further Project Licence and hand its activation code to an Admin of the Project for renewal (§ 11 (4)). Paragraph (3) remains unaffected.

(3) Self-appointment by the Licence Holder. The Licence Holder can appoint themselves as Admin of the Project, even without the involvement of a previous Admin, and thereby becomes a Member of the Project. If all Admin seats included in the scope of service are taken, the appointment replaces a named Admin; that Admin loses their Admin rights, remains a Member or, where total seats are lacking, is removed from the Project entirely, and is informed by Martini by e-mail. The Licence Holder cannot appoint other persons as Admin. An Admin cannot rely, as against the Licence Holder, on the continuation of their Admin rights. Every self-appointment is logged.

(4) Admins administer an Online Project. They admit Members, remove Members from the Project, decide on requests to join, control the visibility of content and can request the earlier deletion of the Project (§ 12 (4)). The number of Admin seats and of Members follows from the scope of service.

(5) Only persons who are to take part in the Project may be invited. Martini sends invitations on behalf of the Admin to the e-mail address given. For technical reasons, a join link can be passed on by any Member; an Admin can revoke it and replace it with a new one.

(6) If the Licence Holder deletes their User Account, an activated Project Licence continues to run for the Project. A Project Licence that has not yet been activated remains usable via its code; Martini displays the code before the deletion. The activation period continues to run.

§ 14 Trial Licences and pre-release versions

(1) A Trial Licence is a Project Licence that Martini provides without a price, for example for getting to know the product or for a pre-release version. It consists of a code that is applied in the web portal (§ 11 (4)). When issuing the code, Martini states the scope of service, the term from activation and the deadline by which the code must be applied; once that deadline has passed, the code lapses.

(2) The Trial Licence is free of charge. No price is owed; no refund takes place.

(3) It applies to one Project and cannot be transferred to another Project or another person. Martini may extend the term; there is no entitlement to this.

(4) When the term ends, the grace period, the blocking period and deletion apply under the Special Terms of the product. Martini sends a reminder in text form before the end of the term.

(5) Pre-release versions. Martini may provide Software and Services as a pre-release version. A pre-release version may be incomplete, and errors are to be expected; it is provided free of charge. For a pre-release version, Martini may enter into a separate agreement with the User; this takes precedence over these Terms to the extent that it expressly provides otherwise.

§ 15 Refunds

(1) A paid purchase is not refundable, except where these Terms or mandatory law provide for a refund. Statutory rights that accrue to the Customer irrespective of this, in particular their rights in respect of defects, remain unaffected.

(2) A refund is provided for in the event of a change of service (§ 19 (3)), on termination for a reason for which the User is not responsible (§ 16 (5)), and where the data processing agreement for a Project is terminated because an objection to a new sub-processor could not be resolved.

(3) In these cases, Martini refunds the part of the price paid that relates to the period after the ending. It is calculated in days: the price paid, divided by the number of days of the term, multiplied by the number of days that would still have remained after the ending. A term that has not yet begun is refunded in full; this applies in particular to a Project Licence that has not yet been activated within the activation period and to a renewal that does not start until the current term ends.

(4) The refund is made by the same route by which payment was made. If that route is not available, Martini refunds by another agreed route.

§ 16 Duration of the usage relationship and termination

(1) The usage relationship concerning the User Account and local use is concluded for an indefinite period and is free of charge.

(2) The User may terminate it without notice by deleting their User Account in the web portal (§ 4 (5)). On deletion, the Right of Use under § 5 ends immediately; Local Projects can no longer be used afterwards. The consequences for Project Licences and Projects are governed by § 12 (4) and § 13 (6).

(3) Martini may terminate the usage relationship on three months' notice to the end of a month. § 4 (6) remains unaffected.

(4) Both parties may terminate for good cause. If Martini terminates for good cause, Martini proceeds under § 20 and informs the User. Termination of the User Account of a Licence Holder or an Admin does not end an activated Project Licence; it continues for the Project until the end of its term, and the other Members keep their access. If the terminated User is the sole Admin, Martini may, at a Member's request, appoint that Member as Admin. If the good cause concerns the Project itself, Martini may block the Project under § 20.

(5) If Martini terminates for a reason for which the User is not responsible, Martini refunds, for a paid Project Licence, the part of the price relating to the remaining term in accordance with § 15. In the case of termination because of a breach for which the User is responsible, no refund takes place.

(6) A Project Licence has a fixed term and ends on its expiry without any need for termination (§ 12).

§ 17 Content, data and entitlement

(1) The data of an Online Project remains the data of the company for which the data processing agreement is concluded (§ 23 (2)). Whoever imports data into an Online Project or connects it to a Third-Party Service grants Martini, in that company's name, the rights that Martini needs to store and process it and to display it to the authorised Members, solely for the purpose of providing the agreed service.

(2) Whoever imports a file or connects a Project to a Third-Party Service is responsible for being entitled to do so. A file may be imported only if it was lawfully obtained. A Third-Party Service Project may be connected only if the necessary administration rights exist in it. This applies to Local Projects and to licensed Projects.

(3) The User is responsible for being entitled to make content accessible to the Members of a Project.

§ 18 Dependence on Third-Party Services

(1) The Software obtains planning data from Third-Party Services. These are operated by third parties and are not the subject of these Terms. Which Third-Party Service is a precondition for a product is governed by the Special Terms.

(2) To connect an Online Project, Martini creates a service account with the Third-Party Service. An Admin adds this service account to the Third-Party Service Project and confirms the connection with Martini. Through this access, Martini reads the planning data in order to make it available to the authorised Members. Martini does not change the data in the Third-Party Service.

(3) If a Third-Party Service changes its file format or its service, discontinues it, or the User loses their rights to their access to the Third-Party Service, the connection may be restricted. Martini endeavours to adapt the connection but is not obliged to keep it unchanged.

(4) The User's agreement with the operator of the Third-Party Service remains unaffected. The User is responsible for complying with it.

§ 19 Availability, maintenance and changes to the service

(1) Martini operates the web portal and the servers with the availability customary for digital services of this kind. Martini announces maintenance work that impairs access where possible and schedules it, where possible, outside customary shooting hours. Outages that Martini cannot influence, in particular the failure of a Third-Party Service and force majeure, are not a breach of duty by Martini.

(2) Martini may change the service if there is a valid reason for doing so, such as a change in the law, adaptation to changes in a Third-Party Service, a security risk or technical development, and if no additional costs arise for the User as a result. Martini informs clearly and comprehensibly about the change.

(3) If a change impairs access or usability more than insignificantly, Martini gives notice in text form a reasonable time in advance. The User may then end the contract free of charge within 30 days and receives the part of the price that relates to the time after the ending, in accordance with § 15. This right does not exist if access to the unchanged service is retained at no additional cost.

§ 20 Blocking and suspension

(1) If a User breaches these Terms or endangers operation or other Users, Martini may block their access or individual functions. Martini informs them of this and lifts the block as soon as the reason has ceased. The block must be proportionate to the breach; for a paid, activated Project Licence, Martini initially blocks only as far as this suffices.

(2) If there are justified doubts about the entitlement under § 17 (2), Martini may suspend the connection provisionally until the matter is clarified and informs the User of this.

(3) If the reason under paragraph (1) or (2) concerns the Project itself, for example a breach by the Licence Holder or an Admin, Martini may block the Project. Martini informs the Licence Holder and the Members; paragraph (1), sentences 2 and 3, apply accordingly.

(4) The right to terminate for good cause remains unaffected.

§ 21 Rights in respect of defects

(1) A User who is a consumer is entitled to the statutory rights in respect of defects in digital products. These Terms do not restrict them.

(2) A User who is a business must notify defects without undue delay after discovering them. Martini remedies them within a reasonable time, choosing between rectification and the provision of a defect-free version. The statutory rights remain otherwise unaffected.

§ 22 Liability

(1) Martini is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, where a guarantee has been assumed, and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In the case of a slightly negligent breach of an essential contractual obligation, that is, an obligation whose performance is what makes the proper performance of the contract possible in the first place and on which the User may regularly rely, liability is limited to the typical, foreseeable damage. Otherwise, Martini is not liable for slight negligence.

(3) For loss of data, Martini is liable for slight negligence only for the effort that would have been needed to restore the data if the User had backed up the data regularly and in a manner commensurate with the risk.

(4) For free use, in particular local use, a Trial Licence and a pre-release version, Martini is liable only for intent and gross negligence and in the cases of paragraph (1).

(5) Paragraphs (1) to (4) also apply to Martini's statutory representatives and vicarious agents.

§ 23 Data protection and processing on behalf of the controller

(1) How Martini processes personal data is set out in the privacy notice. It is information and not consent.

(2) If Martini processes personal data from an Online Project, Martini acts as processor for the company that is responsible for the Project's data. For this, Martini concludes an agreement with that company under Article 28 of the General Data Protection Regulation (GDPR). It is concluded in the web portal by click, namely on the creation of each Online Project, in the first step of the setup, before data is loaded into the Project or the Project is connected. This applies to every Online Project, including one with a Trial Licence. A Local Project requires no agreement. The agreement is concluded for the company that is responsible for the data of the Project. Without this agreement, no Project data can be loaded or connected.

(3) That company, as controller, is responsible for the lawfulness of the processing of data in the Project, in particular for informing the data subjects.

§ 24 Changes to these Terms

(1) Martini may change these Terms at any time. The Terms have a single common version; if a change concerns only the Special Terms of a product, it affects only the contracts of those who use that product.

(2) A changed version applies to new contracts from its publication. Whoever uses a product for the first time, for example by joining a Project, and the version they last accepted does not contain the Special Terms of that product, first accepts the current version.

(3) If a change affects the rights and duties under an existing contract, Martini informs the User, at the time of publication, by e-mail to the address of their User Account, of the content of the change and refers to the new version and to the version last accepted. The changed version applies to the User as soon as they accept it. Martini asks for acceptance in the User Account and at the next sign-in and stores the version, language and time. Until it is accepted, the version last accepted applies.

(4) If the changed version affects the rights and duties under an existing contract of the User (paragraph (3)) and the User has not accepted it, each Project Licence already purchased remains subject to the version of these Terms in force when it was purchased, until its term ends. Activation and renewal with a purchased Project Licence remain possible, as does the creation of a Project for which the User has themselves purchased a Project Licence. Otherwise, Martini may make the creation of new Projects dependent on acceptance for this User, after Martini has pointed this out to them and set them a reasonable period for acceptance. Martini may terminate the usage relationship under § 16 (3). Every purchase, including one for renewal, is a new contract; the version then published applies to it.

(5) Changes that do not affect the rights and duties of the User, for example clarifications, the correction of typing errors and changes that benefit the User alone, also apply to existing contracts from their publication. Martini shows them in the change history of the version; no separate notification is given.

§ 25 Final provisions

(1) The law of the Federal Republic of Germany applies. For a User who is a consumer, this choice of law applies only to the extent that it does not deprive them of the mandatory consumer protection provisions of the state in which they have their habitual residence. As against businesses, the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction.

(3) Martini is neither obliged nor willing to take part in dispute resolution proceedings before a consumer dispute resolution body (Verbraucherschlichtungsstelle).

(4) If individual provisions of these Terms are invalid, the remaining provisions remain valid. In place of the invalid provision, the statutory provision applies.

(5) Martini's contact details are in the Imprint (Impressum).

(6) Transfer. Martini may transfer the rights and obligations under this contract to a legal successor, in particular in the course of a reorganisation (Umwandlung) or the sale of the business or of a business division, if the legal successor assumes the obligations under this contract. Martini informs the User in text form before the transfer. In this case, the User may terminate the usage relationship without notice (§ 16 (2)). An activated Project Licence continues for the Project until the end of its term. Martini may also assign individual claims without consent. The User may transfer their rights and obligations under this contract only with Martini's consent in text form.

Part B — Special Terms for the Product “Martini Fuzzlecheck Viewer”

§ 1 Subject matter and scope

(1) These Special Terms apply together with the General Part to the use of the application “Martini Fuzzlecheck Viewer” for mobile devices and the associated functions of the web portal.

(2) The scope of service of the tiers offered, the number of Members and of Admin seats, the number of Local Projects and the prices follow from the presentation on the website and on the order page (Part A § 8 (3)).

§ 2 Prerequisite: Fuzzlecheck

(1) The Martini Fuzzlecheck Viewer works with shooting schedules from Fuzzlecheck, either as a file export or as a Fuzzlecheck online project (a Third-Party Service Project under Part A § 2 (3) m)). Fuzzlecheck is a Third-Party Service within the meaning of Part A § 18.

(2) The User receives a file containing planning data only from a person who holds a licence for Fuzzlecheck.

(3) The online connection requires a Fuzzlecheck online project in which the connecting User has Admin rights (Part A § 17 (2)).

§ 3 Scope of local use

(1) Without a Project Licence, a User can create Local Projects on their own device and import files containing planning data manually; the number of Local Projects follows from § 1 (2).

(2) Local use includes neither the online connection to Fuzzlecheck nor the admission of further Members (Part A § 7).

§ 4 Payment and time of conclusion of the contract

(1) Payment is made in advance through Martini's payment service provider (Part A § 10 (2)).

(2) Martini accepts the Customer's offer after confirmed payment (Part A § 9 (1)), by confirmation by e-mail or by provision of the Project Licence on the User Account, whichever takes place earlier.

(3) If payment is not completed or fails, no contract is concluded.

§ 5 Activation period

The activation period is 30 days from the conclusion of the contract. For a later activation, Part A § 11 (5) applies.

§ 6 Term, renewal and upgrade

(1) The term of a Project Licence is stated in days. The number of days corresponds to the number of calendar months offered, calculated on the longest run of calendar months of that number, so that the term is never shorter than the stated number of months. A term of four calendar months corresponds, by this calculation, to 123 days.

(2) For renewal, Part A § 12 (2) applies.

(3) Upgrade. A switch to a higher tier is made by purchasing a new term of that tier at the full price. It begins on the day of the switch. The remaining term of the previous tier is not credited and ends. A switch to a lower tier is not possible.

(4) Martini sends a reminder by e-mail before the term expires. The absence of a reminder does not change the expiry.

§ 7 Grace period, blocking period and deletion

(1) If the term of a Project Licence ends without renewal, a grace period of two weeks begins. During this time, all Members keep read access to the most recently synchronised state of their shooting schedules. Synchronisation with Fuzzlecheck is suspended. The application points out the time remaining.

(2) If the Project Licence is not renewed after that, a blocking period of one week follows, in which access is blocked completely. Martini informs the Admins and the Licence Holder and states the date of deletion.

(3) After the blocking period, all data of the Project is permanently deleted, as is the service account that Martini created for the Project at Fuzzlecheck. The data in the Fuzzlecheck online project remains unaffected.

§ 8 Obtaining the application and store terms

The application can be obtained through the Apple App Store and through Google Play. The terms of those stores apply to the use of the stores. The Right of Use arises from Part A § 5. The licence terms in the Apple App Store also apply to the application; in the event of a conflict, these Terms prevail, except to the extent that Apple's minimum terms require otherwise.

§ 9 Trial Licences: issue and periods

(1) When issuing the code, Martini states the scope of service, the term and the deadline for applying the code.

(2) Martini sends a reminder in text form about 14 days before the end of the term. Otherwise, Part A § 14 applies.

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