TERMS OF SERVICE (B2B) – VERPACK MELDUNG

1. DEFINITIONS

In these Terms, the following terms have the meanings set out below:

• 1.1. “Service” means the VM web application and related features made available via verpackmeldung.de (including related APIs, interfaces, and integrations).
• 1.2. “Account” means the user account created to access and use the Service.
• 1.3. “Plan” means the selected package of features and usage limits (e.g., number of SKUs, roles, export capabilities).
• 1.4. “Subscription” means the right to use the Service during the agreed subscription term in exchange for fees.
• 1.5. “Customer Data” means all data that you or your authorized users enter, upload, generate, or otherwise store in the Service.
• 1.6. “Third-Party Services” means external services outside VM’s control (e.g., payments, email delivery, hosting).

2. SERVICE DESCRIPTION AND SCOPE OF RESPONSIBILITY

• 2.1. VM is a software-as-a-service (SaaS) that helps Customers organize data, maintain auditable traceability (e.g., change history, locks, corrections), and prepare and export data in a LUCID-compatible XML format.
• 2.2. No legal, tax, or accounting advice. VM does not provide legal, tax, or accounting advice and does not replace your obligations under applicable laws or your agreements with third parties (including dual systems or similar compliance partners).
• 2.3. You are solely responsible for (i) the accuracy, completeness, and legality of Customer Data, (ii) selecting the relevant periods, categories, and parameters, and (iii) reviewing all exports (including LUCID XML) before use or submission. Technical format compatibility does not constitute a warranty of substantive accuracy or regulatory compliance.

3. ACCOUNTS, AUTHORIZATION, AND SECURITY

• 3.1. Use of the Service may require creating an Account. You represent and warrant that the information provided during registration is true, complete, and up to date.
• 3.2. You are responsible for maintaining the confidentiality of your access credentials and for all activities occurring under your Account, including the activities of your authorized users.
• 3.3. You must ensure that only authorized persons within your organization access the Service and that access rights are granted and revoked responsibly.
• 3.4. If you suspect unauthorized access, compromised credentials, or a security incident, you must notify us without undue delay via the contact page.

4. ACCEPTABLE USE

• 4.1. You must not (and must not permit others to):
• a) reverse engineer, decompile, or attempt to discover source code or algorithms, except to the extent such restriction is prohibited by law;
• b) interfere with, disrupt, or attempt unauthorized access to the Service or related systems;
• c) use the Service for unlawful activities, abuse, or transmission of malicious code;
• d) share Accounts or access credentials outside your organization unless expressly permitted in writing;
• e) exceed or circumvent Plan limits or technical restrictions (including quotas and rate limits).
• 4.2. We may suspend or restrict access if we reasonably believe there is a security risk, abuse, or a breach of these Terms.

5. PLANS, SUBSCRIPTIONS, FEES, AND PAYMENT

• 5.1. The Service is offered through Plans with defined pricing and usage limits. Plan details are available at purchase and/or on our website or in an offer.
• 5.2. Unless otherwise agreed in writing, Subscriptions are billed annually in advance.
• 5.3. Prices are stated exclusive of VAT/taxes unless expressly stated otherwise. Where applicable, VAT and/or other charges will be applied in accordance with applicable law. You are responsible for your own tax obligations arising from your business (including reverse charge obligations where applicable).
• 5.4. Subscriptions may renew automatically unless canceled prior to renewal via the billing portal or by contacting support. Cancellation takes effect at the end of the current paid subscription term unless otherwise agreed in writing.
• 5.5. We may offer trial periods or demos with functional limitations. Trial terms will be presented at activation.
• 5.6. Price changes apply prospectively and do not affect already paid subscription periods. We will notify you reasonably in advance.
• 5.7. Fees are generally non-refundable once a subscription term has started, unless a refund is required by applicable law or expressly agreed in writing.

6. AVAILABILITY, MAINTENANCE, AND SUPPORT

• 6.1. The Service is provided on a “best effort” basis. We use commercially reasonable efforts to make the Service available but do not guarantee uninterrupted availability or any specific service level (SLA) unless expressly agreed.
• 6.2. The Service may be temporarily unavailable due to maintenance, upgrades, or circumstances beyond our control. Where practicable, we will provide advance notice of planned maintenance windows.
• 6.3. Support channels and expected response times may vary by Plan.

7. CUSTOMER DATA

• 7.1. Ownership. As between you and VM, you retain all rights to Customer Data. VM receives only the limited rights necessary to process Customer Data to provide, secure, maintain, and improve the Service and to fulfill contractual obligations.
• 7.2. Legality and responsibility. You represent and warrant that you have an appropriate legal basis to input and process Customer Data and that Customer Data is accurate and complete.
• 7.3. Export and deletion. We recommend exporting all data and reports you need before the Subscription ends. After termination, we will delete or anonymize Customer Data within a reasonable time unless we are legally required to retain certain information or have a legitimate interest in retaining certain records (e.g., billing records, security logs, fraud prevention).

8. PRIVACY AND DATA PROCESSING (DPA)

Our processing of personal data is described in our Privacy Policy and, where applicable, in our Data Processing Agreement (DPA). Where VM processes personal data on your behalf, the DPA governs the processing relationship (VM as processor).

9. INTELLECTUAL PROPERTY

• 9.1. VM, its software, documentation, and all related intellectual property rights belong to VM and/or its licensors. These Terms do not grant you any ownership rights in the Service.
• 9.2. If you provide feedback or suggestions, we may use them without restriction and without obligation to you.

10. THIRD-PARTY SERVICES

• 10.1. The Service may integrate with or rely on Third-Party Services (e.g., payments, email delivery, hosting). Your use of Third-Party Services may be subject to their terms and policies.
• 10.2. VM is not responsible for Third-Party Services that are not under VM’s control and does not warrant their availability, security, or legality.

11. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” VM disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. LIMITATION OF LIABILITY

• 12.1. To the maximum extent permitted by law, VM will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business interruption.
• 12.2. VM’s total liability arising out of or relating to the Service will not exceed the amount paid by you to VM in the 12 months preceding the event giving rise to the claim, unless applicable law requires otherwise.
• 12.3. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for intent or gross negligence to the extent required by law.

13. INDEMNIFICATION (CUSTOMER)

You will indemnify and hold VM harmless from third-party claims arising from (i) Customer Data you entered or used, (ii) your misuse of the Service, or (iii) your breach of law or these Terms.

14. SUSPENSION AND TERMINATION

• 14.1. Suspension. We may suspend or restrict access to the Service (i) for breach of these Terms or applicable law, (ii) to address security risks, abuse, or fraud, or (iii) if required by law or a competent authority.
• 14.2. Customer cancellation. You may cancel the Subscription at any time. Cancellation takes effect at the end of the current paid subscription term unless otherwise agreed in writing.
• 14.3. Effects of termination. Upon expiration or termination, your right to use the Service ends. If you cancel, the Service remains available until the end of the paid term. If VM terminates or suspends access due to breach of these Terms or law, access may end immediately or be restricted. In all cases, you remain responsible for fees incurred up to the date of termination and/or suspension.

15. FORCE MAJEURE

• 15.1. Neither party will be liable for failure or delay in performance to the extent caused by events beyond that party’s reasonable control (“Force Majeure”), including natural disasters, war, terrorism, civil unrest, strikes, power outages, telecommunications failures, and outages of hosting providers or other Third-Party Services.
• 15.2. The affected party will notify the other party within a reasonable time and will use commercially reasonable efforts to mitigate the effects of the Force Majeure event.

16. CHANGES TO THESE TERMS

We may update these Terms from time to time. If changes are material, we will notify you in a reasonable manner (e.g., email or notice within the Service). Continued use of the Service after the effective date means you accept the updated Terms.

17. SEVERABILITY AND ENTIRE AGREEMENT

• 17.1. If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the intent and economic effect of the original.
• 17.2. These Terms, together with any documents expressly incorporated by reference (e.g., Privacy Policy, DPA where applicable), constitute the entire agreement between you and VM regarding the Service and supersede all prior or contemporaneous agreements and communications.

18. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Federal Republic of Germany. The place of jurisdiction for disputes arising out of or relating to these Terms is Mainhausen, Germany, to the extent permitted by law.

19. CONTACT

Questions about these Terms are handled via the contact page.