General Terms and Conditions

Section 1 Scope

(1) These General Terms and Conditions ("GTC") apply to the use of the website made available under the domain of Nova Soft GmbH i.Gr., including all related sub-pages and online offerings (hereinafter collectively the "Website").

(2) By accessing and using the Website, the user accepts these GTC in the version in force at the time of use. Conflicting, deviating or supplementary terms of the user shall not become part of any agreement unless Nova Soft GmbH i.Gr. has expressly consented to their applicability in writing.

(3) The Website is primarily directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Any conclusion of a contract regarding specific services of Nova Soft GmbH i.Gr. is not effected through this Website but on the basis of separate contractual arrangements.

Section 2 Subject Matter and Scope of Services

(1) The Website serves exclusively to provide information about Nova Soft GmbH i.Gr., its holdings, its software products and its commercial activities as a software holding company that conceives, commissions, scales and operates software products.

(2) The Website does not constitute a legally binding offer to conclude a contract. All information provided on the Website regarding products, services, participations or cooperations is non-binding and serves general information purposes only.

(3) The contact form provided on the Website enables users to submit non-binding business enquiries to Nova Soft GmbH i.Gr.. There is no entitlement to a response or to the establishment of any business relationship. The Website does not offer any possibility to order goods or paid services.

(4) Nova Soft GmbH i.Gr. reserves the right to modify, supplement, restrict or wholly or partly discontinue the content or operation of the Website at any time and without prior notice. There is no entitlement to the permanent availability of the Website or to any specific content.

Section 3 Rights of Use in Website Content

(1) All content of the Website, in particular texts, images, graphics, logos, trademarks, audio and video files, layouts, source code and the Website design, is protected by copyright, trademark and/or competition law. The holder of these rights is Nova Soft GmbH i.Gr. or the respective identified right holder.

(2) Nova Soft GmbH i.Gr. grants the user a simple, non-transferable, revocable right, limited in time to the duration of the Website visit, to access and display the Website for private or internal business information purposes within the scope of customary browser use.

(3) Any use beyond this, in particular the reproduction, modification, distribution, public communication, permanent storage, framing, automated extraction (for example by bots, scrapers or AI training systems) and the commercial exploitation of the content, requires the prior express written consent of Nova Soft GmbH i.Gr. or the respective right holder.

(4) Downloading, printing or copying individual items of content is permitted solely for personal, non-commercial use, provided that copyright notices and other proprietary notices are not removed or altered.

(5) No rights to trademarks, company signs or other industrial property rights of Nova Soft GmbH i.Gr. are granted to the user by the provision of content on the Website or its transmission via the contact form.

Section 4 User Obligations

(1) The user undertakes to use the Website exclusively in accordance with applicable law and these GTC.

(2) In particular, any action that is liable to impair the functionality, security or integrity of the Website is prohibited, including the use of malicious software, the extraction or systematic collection of content, any attempt to gain unauthorised access to systems of Nova Soft GmbH i.Gr. and any misuse of the contact form, for example for advertising purposes, unsolicited bulk messages (spam) or unlawful content.

(3) The user shall indemnify Nova Soft GmbH i.Gr. against any third-party claims asserted against Nova Soft GmbH i.Gr. as a result of a culpable breach of the foregoing obligations, including reasonable costs of legal defence.

Section 5 Disclaimer and Limitation of Liability

(1) Nova Soft GmbH i.Gr. shall be liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by Nova Soft GmbH i.Gr., its legal representatives or its vicarious agents, and for any other damages based on an intentional or grossly negligent breach of duty by Nova Soft GmbH i.Gr., its legal representatives or its vicarious agents. Nova Soft GmbH i.Gr. shall likewise be liable without limitation under the German Product Liability Act and within the scope of any guarantee assumed by it.

(2) For damages caused by slight negligence, Nova Soft GmbH i.Gr. shall only be liable in the event of a breach of essential contractual obligations (cardinal obligations) whose fulfilment is a prerequisite for the proper use of the Website and on whose observance the user may regularly rely. In such cases, liability shall be limited to the foreseeable damages typical for the contract at the time of its conclusion.

(3) Any further liability of Nova Soft GmbH i.Gr. is excluded. This applies in particular to damages resulting from the use or non-use of the content provided on the Website, from programming or transmission errors, from delays or from an outage of the Website.

(4) The content of the Website is prepared with the utmost care. However, Nova Soft GmbH i.Gr. does not warrant the accuracy, completeness, up-to-dateness or availability of the content provided. The content does not constitute legal, tax, technical or other advice and does not replace individual advice in specific cases.

(5) The foregoing limitations of liability shall apply accordingly for the benefit of the legal representatives, employees and other vicarious agents of Nova Soft GmbH i.Gr..

Section 6 Liability for External Links

(1) The Website may contain links to third-party websites over whose content Nova Soft GmbH i.Gr. has no control. Responsibility for the content of linked pages lies exclusively with their respective provider or operator.

(2) The linked pages were checked for possible legal violations at the time the links were set. No unlawful content was identifiable at that time. A permanent review of the content of linked pages is, however, not reasonable without specific indications of a legal violation.

(3) Upon becoming aware of legal violations, Nova Soft GmbH i.Gr. will promptly remove the relevant links.

Section 7 Data Protection

(1) Nova Soft GmbH i.Gr. processes personal data of users exclusively in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Details regarding the processing of personal data and the rights of data subjects are set out in the separate privacy policy available on the Website.

Section 8 Amendments to these GTC

(1) Nova Soft GmbH i.Gr. reserves the right to amend or supplement these GTC at any time with effect for the future use of the Website, in particular to adapt them to changes in the legal framework, technical developments or changes to the scope of services.

(2) The current version of the GTC is available on the Website and is marked with the date of its last update. The version published at the time of use shall be authoritative.

Section 9 Dispute Resolution

(1) The European Commission discontinued the former online dispute resolution platform (ODR platform) pursuant to Regulation (EU) No. 524/2013 as of 20 July 2025. A reference to the ODR platform is therefore no longer possible.

(2) Nova Soft GmbH i.Gr. is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

(3) The Website is primarily directed at entrepreneurs. Disputes arising from the use of the Website and from the application of these GTC shall be resolved before the competent ordinary courts.

Section 10 Applicable Law

(1) These GTC and the use of the Website shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

(2) Vis-a-vis consumers within the meaning of Section 13 BGB who have their habitual residence in another state, this choice of law shall apply only insofar as the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the state of his or her habitual residence.

Section 11 Place of Jurisdiction and Place of Performance

(1) Exclusive place of jurisdiction for all disputes arising from or in connection with the use of the Website and these GTC shall, provided the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, be the registered seat of Nova Soft GmbH i.Gr. in Schkeuditz. Nova Soft GmbH i.Gr. shall also be entitled to bring proceedings before the courts of the user's general place of jurisdiction.

(2) The place of performance for all services in connection with the use of the Website shall be the registered seat of Nova Soft GmbH i.Gr..

(3) Mandatory statutory places of jurisdiction, in particular exclusive places of jurisdiction, shall remain unaffected.

Section 12 Final Provisions

(1) Ancillary agreements, amendments and supplements to these GTC must be made in text form. This shall also apply to any amendment or cancellation of this text form clause.

(2) Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the statutory rules shall apply. The same shall apply accordingly to any contractual gaps.

(3) The provider and party responsible for the content of the Website is Nova Soft GmbH i.Gr., Torweg 1, 04435 Schkeuditz, Germany, Managing Director: Benny Höll. The company is currently in the process of incorporation; the entry in the Commercial Register and the issuance of a VAT identification number will take place upon completion of incorporation. Contact: email info@novasoft.gmbh, phone +49 (0) 341 126 933 94, mobile +49 (0) 177 86 62 269.