DEEP CARE GmbH – General Terms and Conditions (GTC)

As of August 2025

§ 1 SCOPE OF APPLICATION

1. These General Terms and Conditions of DeepCare GmbH (hereinafter referred to as),Terms & Conditions") apply to all contracts and pre-contractual legal relationships of Deep Care GmbH, Königsallee 43, 71638 Ludwigsburg (hereinafter referred to as ",DEEP CARE") in connection with the sale and rental of products.
2. These terms and conditions apply exclusively to businesses (§ 14 BGB), legal entities under public law, and special funds under public law within the meaning of § 310 (1) BGB (hereinafter referred to as ",Customers").
3. These GTC shall also apply to all future deliveries to the customer in the version valid at the time of the customer's order, even if their validity is not separately agreed again.
4. The General Terms and Conditions of DEEP CARE shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer or third parties shall not apply, even if DEEP CARE makes deliveries without acknowledging their validity. Even if DEEP CARE refers in a letter to the customer (e.g. an order) which contains terms and conditions of the customer or a third party or refers to such, this does not constitute agreement to the validity of such terms and conditions.
5. Individual agreements reached with the customer in an offer or otherwise, including ancillary agreements, additions, and amendments, shall take precedence over these T&Cs in all cases. Subject to proof to the contrary, a written contract or written confirmation from DEEP CARE shall be decisive for the content of such agreements.
6. References to the applicability of statutory provisions are purely for clarification. Therefore, statutory provisions remain applicable even without such clarification, insofar as they are not directly amended or expressly excluded in these T&Cs.
7. Amendments to the contract, as well as legally significant declarations and declarations relevant to the contract, and declarations concerning the exercise of **\*gestaltungsrechte** (e.g. setting deadlines, warnings, rescission), must be made in writing. This also applies to the waiver of the written form requirement. The written form requirement can also be met by correspondence or (apart from terminations) by declarations transmitted electronically (e.g. telefax, e-mail, transmission of scanned signatures via e-mail). Statutory mandatory form requirements and further proof, particularly in cases of doubt regarding the legitimacy of the declarant, remain unaffected. *\*gestaltungsrechte*: This is a German legal term that broadly translates to "rights to effect legal change" or "transformative rights". It refers to rights that allow a party to unilaterally alter a legal situation, such as terminating a contract, rescinding a contract, or setting a deadline for performance. The specific nuance is that these rights are not merely about asserting an existing claim but actively changing the legal relationship between parties.

 

§ 2 CONCLUDING THE CONTRACT

1. All offers from DEEP CARE are non-binding and without obligation, unless they are expressly marked as binding or contain a specific binding period. A legal commitment is only established by the offer signed by both parties or by written order confirmation from DEEP CARE. DEEP CARE may demand written confirmation of verbal contractual declarations from the customer.
2. In the case of a binding offer, an effective acceptance of a contract offer from DEEP CARE by the customer shall only occur upon return of the signed, unaltered offer to DEEP CARE. Any amended acceptance of the offer shall be considered a new offer from the customer. In this case, DEEP CARE reserves the right to accept, and a contract for the transfer of products shall only be concluded on the amended terms if DEEP CARE expressly accepts the customer's amended contract offer through written declaration to the customer.

 

§ 3 SUBJECT MATTER OF THE CONTRACT

1. The subject of the contract is the supply of DEEP CARE products, in particular the Intelligent Seating Behaviour Assistant (ISA), and related additional services as set out in the DEEP CARE quotation. DEEP CARE provides SaaS services under the conditions described in § 8.
2. The customer and their employees have the opportunity to use an app free of charge that enables long-term analyses of their habits and progress. This app is not part of the delivery and can be obtained through the respective manufacturer stores (e.g. Google Play or the Apple App Store). Separate terms and conditions apply, in particular the app is provided 'as is' without any warranty from DEEP CARE, unless it concerns defects caused intentionally or through gross negligence by DEEP CARE. The customer is aware that access to the manufacturer stores requires consent to the separate terms and conditions of the manufacturers.
3. The installation of the ISA shall be carried out by the customer in accordance with the instructions in the operating manual. DEEP CARE can also provide the customer with helpful videos. DEEP CARE will not provide separate installation, familiarisation, or training.
4. Information provided by DEEP CARE on its products (e.g. weight, dimensions, load capacity) as well as the representations of the products (e.g. drawings and illustrations in catalogues or on the website), instructions for use, etc. do not constitute a guarantee by DEEP CARE for the quality of the respective product, unless DEEP CARE expressly declares this in writing.
5. The DEEP CARE products can use Open Source Software. Deviating licensing terms may apply with regard to this Open Source Software. An overview of the Open Source components included in the respective deliveries and services, as well as the associated license texts, are part of the delivery and can be viewed via the ISA menu or in the app. In addition, DEEP CARE uses Artificial Intelligence in its products, as described in the accompanying documentation. DEEP CARE complies with the provisions of the AI Regulation, as applicable.
6. If DEEP CARE provides consulting services, the client must facilitate these through appropriate co-operation. In particular, the client shall provide DEEP CARE with the necessary information and data. DEEP CARE is entitled to perform all services online or remotely if this is required by the circumstances. If the client fails to meet their co-operation obligations and DEEP CARE is therefore unable to complete its consulting services, in whole or in part, within the agreed timeframe, the agreed timeframe shall be extended accordingly. The client's support services shall be free of charge.

 

§ 4 PRICES AND PAYMENT TERMS

The remuneration arises from the contract. All prices are quoted "ex works" in EURO, plus packaging, shipping and statutory value added tax.

1. All prices are still exclusive of any applicable statutory. The customer bears all

Customs duties and taxes levied by any national, federal, state or local authority in connection with the agreement (particularly on export of the products or their use, in whole or in part, outside the original country of purchase), excluding any taxes on DEEP CARE’s sales, income or profits.

2. Payments are due within fifteen (15) days of the invoice date, without deduction, by bank transfer, giro, postal order or direct debit. DEEP CARE may, in justified cases, request advance payment to a reasonable extent.
3. The customer may only offset undisputed or legally established claims and may only assert a right of retention against undisputed or legally established claims. He may not assign his claims to third parties – notwithstanding the provisions of § 354a HGB.
4. During the customer's default in payment, interest shall be charged on the purchase price at the applicable statutory default interest rate. DEEP CARE reserves the right to prove and claim higher damages caused by default.
5. DEEP CARE is entitled to make outstanding deliveries to the customer only upon prepayment or provision of security if circumstances become known that are likely to significantly impair the customer's creditworthiness, and through which payment of DEEP CARE's outstanding claims by the customer from the respective contractual relationship is jeopardised.
6. In the case of product rentals, DEEP CARE is entitled to increase the rent for the first time after twelve (12) months from the conclusion of the contract, with three (3) months' written notice at the end of a month, provided and to the extent that its material and/or personnel costs incurred for the maintenance of the rented item increase. The customer has the right to terminate the rental agreement within six (6) weeks of receiving the notice of rent increase (special right of termination). Otherwise, the new prices will apply from the date specified in the notice.

 

§ 5 DELIVERY, SHIPPING AND TRANSFER OF RISK

1. All deliveries are made "ex works". The shipping method, route, and packaging will be selected by DEEP CARE at its reasonable discretion. The shipment will only be insured by DEEP CARE against theft, transport, or other insurable risks at the explicit request and expense of the customer.
2. If the ordered goods are unavailable, DEEP CARE may withdraw from the contract with immediate effect. DEEP CARE will inform the customer immediately of the unavailability of the product and refund any payments already made to the customer without delay.
3. The specified delivery times are non-binding, unless a fixed deadline or a fixed date has been expressly agreed in writing.
4. DEEP CARE shall not be liable for the impossibility of delivery or for delivery delays insofar as these are caused by force majeure or other unforeseeable events (e.g. operational disruptions of any kind, difficulties in procuring materials, strikes, lockouts, official orders) which DEEP CARE is not responsible for. Delivery deadlines shall be extended and delivery dates postponed by the duration of the impediment plus a reasonable restart period.
5. DEEP CARE is only entitled to make partial deliveries if (i) the partial delivery is usable for the customer within the scope of the contractually agreed purpose, (ii) the delivery of the remaining ordered products is ensured, and (iii) the customer does not incur any significant additional expenditure or costs as a result of the partial delivery.
6. The risk passes to the customer at the latest upon handover of the products to the shipping company, carrier or other person designated to carry out the shipment. If the shipment or handover is delayed due to a circumstance for which the customer is responsible, the risk passes to the customer from the day the products are ready for shipment and DEEP CARE has notified the customer thereof.
7. The customer may only assert claims due to delayed delivery if the delay in delivery is based on an intentional or grossly negligent breach of contract attributable to DEEP CARE, or if, in the event of non-delivery, they set a grace period of four (4) weeks combined with a notice of rejection.
8. If the customer is in default of acceptance or culpably breaches other co-operation obligations, DEEP CARE is entitled to claim for the damage incurred, including any additional expenses (such as storage and transport costs). Further claims or rights of DEEP CARE remain unaffected.
9. The customer shall unpack the delivered items immediately and check their functionality. The customer's warranty claims shall be conditional upon the customer duly fulfilling their obligations to inspect and notify defects as per § 377 of the German Commercial Code (HGB). Defects identified during this process must be reported immediately, including those relating to the operating instructions. If the customer does not assert any defects, the delivered items shall be considered free of defects upon delivery, insofar as any subsequently asserted defect would have been apparent during the agreed inspection.

 

§ 6 RESERVATION OF TITLE

1. In the event of a contract being concluded as a rental agreement, the rented item remains the property of DEEP CARE. Should the parties agree to purchase the product, DEEP CARE reserves ownership of the item of sale until full payment of the purchase price has been made (cf. § 449 German Civil Code (BGB)). The retention of title agreed upon below serves to secure all existing, current, and future claims of DEEP CARE against the customer arising from the supply relationship between the contracting parties.
2. The products delivered by DEEP CARE to the customer (hereinafter referred to as "reserved goods") remain until full payment of all secured claims arising from the

Business relationship between DEEP CARE and customer property of DEEP CARE. If DEEP CARE withdraws from the contract due to the customer's breach of contract - in particular, default of payment - DEEP CARE is entitled to demand the return of the goods subject to retention of title from the customer.

3. The customer is obliged to treat the goods subject to retention of title with care as long as ownership has not passed to them. The customer shall immediately notify DEEP CARE if the goods subject to retention of title are seized or exposed to other interventions by third parties; they shall inform the third party of DEEP CARE's ownership.
4. In the event of a purchase, the customer is authorised to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to DEEP CARE, by way of security, the claims against the purchaser arising from the resale; DEEP CARE accepts the assignment. The customer remains authorised to collect the claims against their purchasers in their own name, even after the assignment. DEEP CARE's right to collect the claims itself remains unaffected by this. However, DEEP CARE will not collect the claims against the customer's purchasers as long as the customer meets their payment obligations, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

 

§ 7 RENTAL CONDITIONS

1. Rental period and cancellation period
   1. The rental period shall be agreed in writing on an individual basis. Notwithstanding any provisions to the contrary, the minimum term shall be twelve (12) months from the conclusion of the contract. Thereafter, the contract shall automatically extend for a further twelve months if it is not terminated in writing with a notice period of two (2) months before the end of the respective minimum term or the respective contract extension.
   2. A termination for good cause remains unaffected. A reason for extraordinary termination exists in particular if the customer pays the rent irregularly or not at all and is more than 14 days in arrears with rent payments equivalent to the amount of agreed payments for one quarter.
   3. The termination must be in writing; text form is not sufficient.
   4. Upon termination of the rental period, the rental items must be returned to DEEP CARE. If the customer is late in returning or does not return the received goods at all, DEEP CARE is entitled to demand compensation for the duration of the retention, corresponding to the agreed rent or another contractually specified amount.

 

2. Obligations of the customer
   1. The customer must treat the rented items with the care of a diligent businessman, as they would their own possessions. The customer must ensure they have adequate instruction and training, or arrange in another way for their vicarious agents to use the rented items in accordance with their usual purpose and
   2. DEEP CARE shall mark the rented items as its property by means of reasonable labelling. Neither this labelling, nor manufacturer's notices, serial numbers, seals, or software licence notices may be removed or altered by the customer without the prior consent of DEEP CARE.
   3. The customer shall grant DEEP CARE access to the rented property for repair and maintenance work, as well as care services to be performed at the installation site, in accordance with the customer's safety and access guidelines.
   4. The customer must notify DEEP CARE immediately of any defects or damage to the rented items.
   5. The customer is obliged to carry out a change of the installation location only with the prior consent of DEEP CARE. This is not required for mere changes in the position of workstations at the installation location.

 

3. Maintenance the Usability
   1. The DEEP CARE must maintain the rented items in a condition suitable for the contractually agreed use for the entire rental period. To this end, it must carry out the necessary maintenance and repair work itself or through third parties commissioned by it. Additional costs incurred for extra work requested by the customer outside of normal working hours or as a result of the customer's breach of contract in their handling of the rented items are to be borne by the customer.
   2. DEEP CARE provides the customer with contact details through which the customer can report defects in the rented property. The elimination of defects is usually carried out by rectifying the fault, i.e. providing support to circumvent the defect. DEEP CARE has the choice of whether to attempt a telephone-based or remote maintenance troubleshooting in the first step. DEEP CARE is obliged to restore the contractually agreed usability within a reasonable period.
   3. The customer is only entitled to withdraw from the contract in the event of defects if DEEP CARE has not exercised its right to deliver a functionally equivalent item or if two repair attempts have failed. If the rectification definitively fails, the customer is entitled, at their discretion, to have the defect remedied or to terminate the rental agreement with regard to the defective rental item. The customer is only entitled to terminate the entire rental agreement if a significant number of the rental items are not available for use as contractually agreed.
   4. For any claims by the customer for reimbursement of expenses or damages due to defects, the limitations of liability described in Section 10 of the General Terms and Conditions shall apply.
   5. Customer claims for defects shall become statute-barred after twelve (12) months, unless (i) DEEP CARE has fraudulently concealed the defect or caused it intentionally or through gross negligence, or (ii) DEEP CARE has assumed a guarantee for the absence of a defect, or (iii) it concerns customer claims for personal injury. The statute of limitations shall begin upon delivery of the products to the customer.

 

§ 8 Conditions for SaaS Services

1. General
   1. In principle, the conditions for rental described in Section 7 and elsewhere in the GTC also apply to SaaS services provided by DEEP CARE, unless otherwise specified in this Section 8.
   2. The SaaS services are described in the offer. DEEP CARE reserves the right to discontinue SaaS services offered free of charge after prior notice or to offer them only for a fee.

 

2. DEEP CARE Obligations
   2. When using the SaaS services free of charge, DEEP CARE aims for an average availability but does not guarantee any specific availability. Likewise, support is provided by DEEP CARE on a voluntary basis only.
   3. In the case of paid operation, DEEP Care undertakes to make commercially reasonable efforts to achieve an overall availability of the SaaS services at the handover point of 99.8 % on an annual average. The handover point is the router exit of DEEP CARE's data centre. Availability is calculated on the basis of the time attributable to the respective calendar month during the contract period, minus the maintenance times defined in § 8, paragraph 2.c. For the calculation of actual availability, downtime not attributable to DEEP CARE shall be deemed available time. These non-detrimental downtimes are

• • Maintenance times agreed with the customer;
  • Downtime due to viruses or hacker attacks, provided DEEP CARE has implemented the agreed-upon protective measures or, in the absence of an agreement, the usual protective measures.;
  • Downtime due to customer specifications or other interruptions caused by the customer;
  • Downtime for the deployment of urgent security patches.;
  • Downtime caused by third parties (persons not attributable to DEEP CARE).

The customer can report the unavailability as a disruption.

3. DEEP CARE will carry out regular maintenance on the software and will inform the customer in good time. The maintenance will normally be carried out outside the customer's usual business hours, unless maintenance has to be carried out at a different time due to compelling reasons. Maintenance-related downtime is limited to a total of a maximum of 48 hours of downtime per calendar year for maintenance work. The software may not be available during maintenance.

1. The customer shall report any disruptions using the contact channels specified in the contract or indicated on the website. When reporting a disruption, the customer will provide DEEP CARE with a detailed description of the disruption and the urgency level required from their perspective. Disruption reporting and resolution are guaranteed Monday to Friday (excluding public holidays in Baden-Württemberg, as well as December 24th and 31st of any year) between 9:00 AM and 5:00 PM (service hours). Support via email and telephone is available during service hours.
2. The customer's content processed within the SaaS services is backed up daily by DEEP CARE. Data backups are performed on a rotating basis such that data backed up on a particular weekday is overwritten by the backup performed on the subsequent same weekday. A weekly backup is performed on the same principle, where data is also overwritten on a rotating basis after four weeks.
3. DEEP CARE complies with the provisions of the Data Act, insofar as applicable. The customer has the right to demand their data at any time. Furthermore, the customer has a right to switch within the meaning of Art. 25 Data Act, which they can exercise with 2 months' notice. Otherwise, the wording of the law in Art. 25 shall apply accordingly in this case.

 

3. Obligations of the customer
4. The customer is responsible for establishing and maintaining the technical prerequisites for accessing the SaaS services within their area, particularly concerning the hardware and operating system software used, the internet connection, and up-to-date browser software. In the event of further development of the software solution, it is the customer's responsibility, after being informed by DEEP CARE, to implement the necessary adjustments to their IT systems.
5. The customer is obliged to take the precautions provided for the security of their systems, in particular to use the common browser security settings and to employ protective measures against malware.
6. The customer will generate a „User ID“ and password themselves to access and use the SaaS services, which are required for continued use of the solution. The customer is obliged to keep the „User ID“ and password confidential and not make them accessible to third parties.
7. The customer is obliged to comply with the statutory provisions arising from the use of the contractually agreed SaaS services. The customer shall in particular observe commercial and intellectual property rights, personality rights, and the provisions of competition and data protection law. Furthermore, the customer ensures that they have all authorisations and consents from data owners for the use of the data. The customer indemnifies DEEP CARE against all third-party claims made against DEEP CARE that the customer has caused through wilful breach of duty.
8. In the event of an immediate threat of or actual breach of the aforementioned obligations, as well as in the event of non-obviously unfounded third-party claims being asserted against DEEP CARE, DEEP CARE shall be entitled, taking into account the legitimate interests of the customer, to suspend the SaaS services, in whole or in part, with immediate effect, on a temporary basis. DEEP CARE shall inform the customer of this measure without delay. The suspension shall be lifted as soon as the suspicion is dispelled or the infringement is rectified.
9. The content provided by the customer on their account may be protected by copyright and data protection laws. The customer grants DEEP CARE the right to store their content and make it accessible via the internet, in particular to reproduce and transmit it for this purpose, as well as to reproduce it for data backup. Furthermore, DEEP CARE is authorised to make technically necessary modifications and to edit and adapt the content for the purposes of system stability and a better user experience.
10. The customer is responsible for ensuring that their use of personal data complies with data protection requirements. Otherwise, Section 11 applies.

 

4. Rights to the SaaS services
5. The software solutions, documentation, or any other materials provided by DEEP CARE in the scope of the SaaS services remain and shall remain the sole property of DEEP CARE. All rights to further developments, adaptations, or other innovations or derivations regarding the software solutions exclusively belong to DEEP CARE, even if they are made based on suggestions or feedback from the customer. The customer grants DEEP CARE the spatially, temporally, and substantively unlimited, non-exclusive, transferable, and sublicensable right to use for all types of use, in particular for reproduction, distribution, exploitation, and modification, for its suggestions and feedback.
6. DEEP CARE grants the customer the non-exclusive and non-transferable right to use the software solution designated in the contract, including its materials and documentation, as intended within the scope of the SaaS services for the duration of the contract.

 

 

• 9 Guarantee on purchase
  1. DEEP CARE shall not be liable for damage resulting from improper handling or use of the products by the customer or their purchasers. DEEP CARE merely warrants that the products comply with the product and performance descriptions and that the contractual use does not infringe any third-party rights.
  2. Where a defect exists, DEEP CARE shall be entitled, at its discretion, to remedy the defect or to deliver a new, defect-free product. DEEP CARE shall bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour, and material costs, provided that these are not increased by the products being taken to a place other than the place of performance.
  3. If the supplementary performance ultimately fails, the customer may, at their discretion, demand a reduction in the price (abatement) or withdraw from the contract. In the case of only insignificant defects, withdrawal from the contract is excluded. For claims for damages due to defects in the deliveries, § 8 of the GTC applies.
  4. Customer claims for defects become time-barred in twelve

(12) months, unless (i) DEEP CARE has fraudulently concealed the defect, or intentionally or grossly negligently caused it, or (ii) DEEP CARE has provided a guarantee within the meaning of

• section 443 of the German Civil Code (BGB) for the defect in quality, or

(iii) these are claims of the customer for personal injury or for defects in title within the meaning of § 438 (1) No. 1 a of the German Civil Code (BGB). The statute of limitations begins with the delivery of the products to the customer.

 

§ 10 LIABILITY

 

1. DEEP CARE shall be liable for damages within the scope of fault liability, irrespective of the legal basis (e.g. from a contract-like trust relationship, from contract or tort) - including for impossibility or delay, and for defects in deliveries - only to the following extent:
   • in the event of intent and gross negligence in the full amount;
   • in cases of simple negligence, only upon breach of a material contractual obligation (obligation,

the proper performance of which contract is only made possible and on whose performance the customer regularly relies and may rely), namely for compensation of the typical and foreseeable damage, but limited to a maximum of the order value.

2. The aforementioned limitations of liability do not apply to claims by the customer under the Product Liability Act, nor to damages arising from injury to life, limb or health, or in cases where DEEP CARE has provided an express guarantee.
3. In the case of rent, the landlord's strict liability under Section 536a (1) of the German Civil Code (BGB) for defects in the rented property that already existed at the time the contract was concluded is expressly excluded.
4. DEEP CARE shall not be liable for data loss if the damage is due to the customer's failure to perform data backups, thereby ensuring that lost data can be restored with reasonable effort.
5. The above limitations of liability apply to the same extent in favour of the bodies, legal representatives, employees and other vicarious agents of DEEP CARE.

 

§ 11 Data Protection and Information Security

 

1. The contracting parties will process and use the personal data of the other contracting party in compliance with the provisions of data protection laws and only for contractually agreed purposes. In particular, they will secure this data against unauthorised access and only pass it on to third parties with the consent of the other contracting party or the data subjects.
2. To the extent required for contract performance, where the customer grants DEEP CARE access to personal data, DEEP CARE will implement appropriate organisational and technical measures to ensure the availability, integrity, authenticity, and confidentiality of this data. Personnel involved in the provision of services will be informed of data protection obligations and bound by data protection provisions.
3. If DEEP CARE processes customer data on behalf of a client, the terms of the DEEP CARE order processing agreement shall apply.

 

 

§ 12 Confidentiality

1. „Confidential Information“ means trade secrets and all information, data and documents of the respective other party which are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information about operational processes, business relationships and know-how.
2. The parties agree to keep confidential information secret. This obligation continues after the termination of the contract.
3. This obligation does not apply to confidential information which (i) was demonstrably already known to the recipient at the time of the conclusion of the contract or subsequently becomes known to them from a third party, without violating any confidentiality agreement, statutory provisions, or official orders; (ii) is publicly known at the time of the conclusion of the contract or is subsequently made public without a breach of any confidentiality duty; (iii) must be disclosed due to statutory obligations or by order of a court or authority. Insofar as permissible and possible, the recipient obliged to disclose shall inform the other party in advance and give them an opportunity to take action against the disclosure.
4. The Parties shall only grant access to confidential information to advisors who are subject to professional secrecy or who have previously been bound by confidentiality obligations equivalent to the confidentiality obligations of this Agreement. Furthermore, the Parties shall only disclose confidential information to those employees who need to know it for the performance of this Agreement.
5. The receiving party also undertakes not to reverse engineer, decompile, disassemble or otherwise examine the composition and/or manufacture of the disclosing party's confidential information, either directly or through third parties, unless this is necessary for the fulfilment of the contract's purpose and the disclosing party has expressly agreed to it in writing beforehand, or unless it is permitted by law.

 

§ 13 FINAL PROVISIONS

 

1. The place of performance for all deliveries shall be the registered office of DEEP CARE, unless the contracting parties agree otherwise. DEEP CARE reserves the right to carry out shipments from another location within Germany.
2. Amendments and additions to the contract or these general terms and conditions must be in writing. This expressly also applies to the waiver of this written form clause. This formal requirement is also met if the contract or contract amendment is electronically signed and transmitted, including scans of signed documents or digital signatures.
3. The exclusive place of jurisdiction for all disputes arising from this agreement is the registered office of DEEP CARE. However, DEEP CARE also has the right, at its option, to sue at the customer's registered office.
4. The law of the Federal Republic of Germany shall apply, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
5. Should any provision in these terms and conditions or any other agreement between the contracting parties be invalid or unenforceable, this shall not affect the validity of the remaining provisions of these terms and conditions. The contracting parties shall replace the invalid or unenforceable provision with a provision that most closely approximates the meaning and purpose of the invalid or unenforceable provision and the intention of the contracting parties. The same shall apply to contractual loopholes.