23 Special Provisions for Bondix Hosted Services

1. Subject Matter of the Bondix Hosted Services

   1. For Bondix Hosted Services, SIMA provides the Customer with the right to use the Bondix software contemplated by the booked plan, together with the server environment required for such use and provided and operated by SIMA, including the plan-dependent data traffic allowance.

   2. Bondix Hosted Services are used exclusively via the server environment provided by SIMA. Bondix Hosted Services cannot be provided or used on servers or other infrastructure of the Customer or of a third party selected by the Customer.

   3. This does not affect other Bondix products and rights of use for which the required server environment is provided by the Customer itself or by a third party engaged by the Customer, in particular a Bondix partner.

   4. Bondix Hosted Services are offered in different plans and service variants, in particular Bondix Hosted Essential and Bondix Hosted Premium. The specific scope of services, including in particular the number and configuration of server instances, data traffic allowance, number of devices and tunnels, performance limits, redundancy, term, and scope of support, is determined by the plan booked and the associated service description.

2. Contractual Basis and Formation of Contract

   1. Individual agreements take precedence. Thereafter, the service and plan details agreed at the time the contract is concluded, including any expressly booked SLA, and the special provisions of this Section 23 apply. A data processing agreement takes precedence with respect to its data protection subject matter. Mandatory law remains unaffected.

   2. Product presentations constitute an invitation to place an order unless expressly designated as a binding offer. By submitting the order, the Customer makes an offer. SIMA accepts the offer by express order confirmation or by the announced provision of the booked service. A mere acknowledgement of receipt does not constitute acceptance. Any differing information in the ordering process must be clearly displayed before the order is submitted.

   3. Before placing the order, the Customer receives the material service characteristics, total prices or calculation bases, terms, termination rules, and these terms in a storable form. For paid consumer orders, the obligation to pay is clearly indicated immediately before the order is submitted. SIMA confirms the contract, including the applicable terms, on a durable medium, in particular by email.

3. Scope of Services and Technical Limits

   1. For the duration of the booked Bondix Hosted Service, SIMA provides and operates the server environment agreed for the relevant plan. The Bondix Hosted Service is used exclusively via this infrastructure provided by SIMA. The scope of services may include, in particular, tunnel endpoints, orchestration, access codes, and administration functions. Not every function of the my.bondix.cloud portal is automatically included in every plan.

   2. This provision applies exclusively to Bondix Hosted Services. For other Bondix products or separately acquired rights of use, the server environment required for operation must be provided by the Customer itself or by a third party engaged by the Customer, in particular a Bondix partner. Such server environments do not become part of a Bondix Hosted Service.

   3. The respective Bondix Hosted Service is determined in particular by the number and configuration of the server instances provided, the number of devices and tunnels that may be used simultaneously, WAN connections per tunnel, speed limits, included data traffic allowance, regions, public IP addresses, port forwarding, redundancy, and scope of support. Unless expressly agreed otherwise, a public IP address does not imply a fixed or exclusive IP address or the opening of inbound ports.

   4. Customer-side hardware, mobile, satellite, or fixed-line connections, and the associated charges are not included unless the offer states otherwise. Actual throughput, latency, and stability depend, among other things, on router performance, client version, available WAN connections, transmission paths, and the booked Hosted plan. Stated maximum values are not guaranteed minimum bandwidths. Agreed characteristics and legally relevant public statements remain binding in accordance with applicable law.

   5. Shared or dedicated resources, the number of server instances, and, where applicable, their exclusivity or redundancy are specifically described before booking. A specific data-center region will be maintained if agreed. A permanent change to another region relevant to the agreement is governed by Sections 23.12 and 14; the mere interchangeability of infrastructure does not permit arbitrary changes of region.

   6. The service is not a backup or archiving service for transmitted data traffic. Storage of the content of such traffic is not commissioned as part of the Hosted plan. Security and encryption features are determined by the agreed configuration; the designation 'Bondix Hosted Services' alone does not constitute a commitment to end-to-end encryption for all applications. Statutory protection obligations remain unaffected.

4. Rights of Use and Relationship to Other Bondix Products

   1. The Customer may use the Bondix Hosted Services for the private or own-business purposes agreed in the plan and may authorize eligible users for this purpose. The non-exclusive access and right of use, limited in time to the Hosted contract, does not include rights to proprietary source code or any transfer of the Hosted infrastructure operated by SIMA.

   2. Rental, resale, white-label offerings, sublicensing, and the provision of the Customer's own managed services to customers or other third parties require an expressly agreed partner or managed-service authorization. Use by the Customer's own employees for the Customer's own business operations is distinct from this and is permitted within a business plan booked for that purpose.

   3. Appropriate rights of use must exist for each connected client. Even where a paid Hosted plan is booked, the 'Bondix Universal Client for OpenWrt – Private Use' license permits only the private use allowed under that license. A different appropriate client license is required for professional or commercial use. Any commercial client right of use included in the Hosted plan must be expressly identified in the offer.

5. Customer Account, Devices, and Cooperation

   1. The Customer provides accurate contract and contact details and keeps them up to date. Login credentials, API keys, and QuickConnect codes must be protected against unauthorized use; available and appropriate security functions must be used. SIMA must be notified without undue delay of any detected misuse.

   2. The Customer is responsible for compatible devices, the agreed system requirements, and an appropriately secured local configuration. The Customer backs up its local configurations and data to the extent possible and reasonable. A breach of duty results in Customer responsibility only where the statutory requirements are met.

   3. When reporting errors, the Customer should provide the router model, operating system/firmware version, Bondix client version, time, error description, and, where applicable, reproducible steps. Login credentials and third-party personal data should not be transmitted unnecessarily. The absence of reproducibility alone does not exclude statutory defect rights.

   4. The Customer acts within its own area of responsibility for the Customer environment; SIMA remains responsible for the Hosted infrastructure it provides and for its agents and subcontractors. The server environment of the Bondix Hosted Service falls within SIMA's area of responsibility. These terms do not provide for a blanket transfer of risk to the Customer or strict liability for every account access.

6. Plan Models, Advance Payment, and Billing

   1. Bondix Hosted Services are offered as a time-limited one-time pass or as a subscription. The one-time pass currently offered has a usage period of seven consecutive days. Depending on the expressly selected plan, subscriptions are paid in advance annually, quarterly, monthly, or in periods of 30 days each from conclusion of the contract. The option displayed when the order is placed is decisive.

   2. The prices and billing rules agreed before the order is placed apply. For consumers, total prices including applicable VAT are shown. Net prices plus VAT are used only in offers specifically designated for business customers. The total amount due for the respective advance-payment period is stated before the order is placed; a calculated monthly price does not replace this information.

   3. The price of the one-time pass is due in full in advance. The pass applies for seven consecutive days from the start specified before the order is placed and ends automatically at the specified expiration time, without notice and without automatic paid renewal or conversion into a subscription. A further pass or subscription requires a new express order. The start and end dates are stated in the contract confirmation. Statutory consumer rights remain unaffected.

   4. For subscriptions, the first billing period begins when the contract is concluded. The agreed remuneration is due in advance at the beginning of each relevant period. The initial minimum term corresponds to the selected period; continuation, termination, and the consequences of non-payment are governed by Section 23.15. The agreed period boundaries, rather than the actual date of a delayed debit, are decisive. Statutory rights in the event of non-performance or defective performance remain unaffected.

   5. 'Annually' means twelve calendar months, 'quarterly' means three calendar months, and 'monthly' means one calendar month, in each case calculated from the original contract commencement date and not by calendar year or calendar quarter. The subsequent period begins on the corresponding calendar date; if that date does not exist in the relevant month, it begins on the last day of that month. The original calendar date remains the reference date for later periods. 'Every 30 days', by contrast, means consecutive periods of 30 days from conclusion of the contract; debit dates may therefore shift within the calendar. The contract confirmation states the selected option and the first subsequent payment date.

   6. Depending on the selected payment plan, the initial minimum term is twelve calendar months, three calendar months, one calendar month, or 30 days. Further periods are governed by the customer-group-specific rules in Section 23.15. If a contract validly ends before the expiry of a prepaid period due to mandatory rights or the agreed termination rules, the portion no longer owed will be refunded. This applies in particular where a consumer terminates after the initial minimum term. Termination at the regular end of a paid period does not in itself give rise to a pro rata refund claim for time already elapsed.

   7. Usage-based charges and paid add-on options require a transparent prior agreement in accordance with Section 23.7. The offer must separately state when such charges become due and how they are paid. A prepaid subscription does not create an automatic authorization for arbitrary subsequent billing of excess usage.

   8. In the event of payment default, the statutory requirements and interest rates apply. Consumers do not fall into default solely on the basis of a GTC provision without the notices or reminder required by law. Invoice objections should be raised promptly; no additional short exclusion period applies. Statutory rights of set-off and retention remain unaffected.

   9. Price changes for existing contracts require an express agreement. A new price on the website, silence, or mere continued use does not constitute consent. SIMA may offer different prices for new orders.

7. Data Traffic Allowance, Measurement, and Plan Limits

   1. Any volume, bandwidth, tunnel, and device limits are stated numerically before conclusion of the contract. An undefined 'fair use' rule does not create a consumption limit that may subsequently be set at SIMA's discretion.

   2. For volume-based plans, the following must be specified before the order is placed: measurement point, counted traffic directions, counting layer, treatment of tunnel overhead, packet duplication and retransmissions, units, rounding, measurement period, and any pooling. Packet duplication may in fact generate additional transport volume. Whether such volume is counted multiple times must be expressly stated in the measurement rule. The same traffic will not be counted multiple times at different internal measurement points without an express and transparent agreement.

   3. SIMA provides a comprehensible usage overview in accordance with the plan. SIMA's measured values do not establish an irrebuttable presumption of proof. In the event of substantiated objections, the billing-relevant measurement data and calculation rules will be explained to the extent necessary.

   4. The consequences of reaching a limit – for example, an agreed add-on package, paid excess usage with a price and cost cap, a specifically described throttling measure, or a stop – must be defined before the order is placed. Without such an agreement, neither automatic excess-usage charges nor a right to introduce throttling retrospectively arise. Nor does the Customer acquire a right to unlimited additional performance; the agreed basic service remains owed.

   5. Agreed warnings before the data traffic allowance is exhausted are provided through the channels specified in the plan. Usage rules and technically configured limits must correspond. A separate SLA may take plan-related limits into account only where this is transparently regulated there and legally permissible.

8. Availability, Maintenance, and Disruptions

   1. SIMA keeps the Bondix Hosted Services operational in accordance with the agreed scope of services. A specific percentage availability, guaranteed recovery time, or continuous personal support coverage is promised only if expressly agreed. Even without a numerical SLA, contractual performance obligations and statutory defect obligations remain in force.

   2. A booked SLA specifies the object and point of measurement, reference period, definition of downtime, measurement method, narrowly defined exclusions, and any service credits. Hosted tunnels, the customer portal, and Customer-side internet connections are considered separately. Service credits do not replace mandatory defect, reduction, termination, or damages rights; double compensation for the same loss is avoided.

   3. Scheduled maintenance is carried out, where possible, outside typical peak usage periods and is generally announced at least 72 hours in advance. Urgent security or incident-response measures may be carried out at shorter notice; SIMA will inform the Customer as soon as possible and safe. Maintenance is limited in duration and scope to what is necessary and is not automatically excluded from every availability calculation.

   4. The Customer reports disruptions via the agreed support channel or, alternatively, to sales@sima.gmbh. SIMA investigates disruptions within its area of responsibility and takes the necessary measures. Outages of a hosting provider used by SIMA are not treated as outside SIMA's responsibility merely because that provider is a third party.

9. Support, Updates, and Version Changes

   1. Support channels, service hours, time zone, languages, and any response targets are set out in the service description. A response time is not a resolution time. Consulting or integration services not included are provided only pursuant to a separate paid engagement.

   2. SIMA maintains the infrastructure it operates and provides security updates required by law or contract. Unlimited support for every old or modified client or firmware version is not agreed. Supported versions and minimum technical requirements are specifically communicated.

   3. SIMA gives reasonable advance notice of required changes to Customer devices and provides understandable information about their effects. Urgent security cases remain reserved. For consumer products, statutory update and information obligations apply in particular; a support notice may not generally exclude them.

   4. The end of voluntary support for a device or version does not automatically terminate an ongoing Hosted contract. If the agreed service can no longer be used as a result, statutory rights and Sections 23.14 to 23.16 apply.

10. Permitted Use and Security

    1. Unlawful use, attacks on systems, unauthorized access, malware, spam, and circumvention of agreed access controls and plan limits are prohibited. Load and penetration tests against the Hosted infrastructure require prior coordination; legally protected acts remain unaffected.

    2. The Customer must not infringe third-party rights and must possess the necessary authorizations for its own content and activities. Security measures must remain proportionate; these terms do not constitute a general authorization to monitor the content of all communications.

    3. Direct or indirect use for military purposes or in connection with military operations, military equipment, weapons systems, or other military applications is prohibited. Any exception requires a prior express separate agreement and must be legally permissible.

    4. For applications in which a failure may directly endanger life or physical integrity, suitability, protective measures, and any special services must be separately agreed in advance. Bondix Hosted Services alone do not constitute guaranteed emergency-call or safety infrastructure.

11. Temporary Restriction or Suspension

    1. SIMA may temporarily restrict the affected access where this is necessary to avert a specific and material risk to security or other users, to comply with a lawful binding order, or due to a material breach of contract. The measure must be limited to the affected functions and the necessary duration.

    2. Unless there is an urgent case or a legal prohibition on notification, SIMA informs the Customer of the reason, scope, and means of remedy and sets a reasonable period, generally 14 calendar days. For urgent measures, this information will be provided subsequently as soon as legally permissible and possible. The Customer may request a review.

    3. Suspension due to payment default may be imposed only in the event of a non-insignificant outstanding amount, after separate warning and expiry of a reasonable payment period. Any stricter statutory thresholds or protective provisions remain decisive. Legitimate objections and rights of retention will be taken into account.

    4. Once the reason ceases to apply, SIMA removes the restriction without undue delay. A suspension does not entitle SIMA to destroy Customer data. Export rights remain available to the extent possible. Payment and refund consequences depend on the cause, the agreed service, and applicable law; in particular, no charges apply for an unjustified suspension contrary to statutory reduction rights.

12. Data Protection, Processing on Behalf, and Regions

    1. The parties comply with the GDPR, applicable confidentiality rules, and, where relevant, telecommunications law. SIMA processes contract, billing, and necessary operational data for the legally permissible purposes in each case. The actual roles are determined by the nature and purpose of each processing activity, not solely by how they are described in these GTCs.

    2. To the extent SIMA processes personal data on behalf of the Customer, the parties enter into an agreement pursuant to Article 28 GDPR before processing begins, including a description of processing, technical and organizational measures, and rules on subprocessors. These GTCs do not replace such agreement. SIMA's own statutory responsibilities remain unaffected.

    3. Regions for data traffic, administration data, support access, and backups may differ and are described transparently before conclusion of the contract. Processing exclusively within the EU is promised only where expressly agreed. SIMA may not expand agreed data regions solely by changing a general website list.

    4. Transfers of personal data to third countries take place only where the statutory requirements are met, in particular those of Chapter V GDPR. Selection of a location or acceptance of these GTCs does not replace any required safeguards. Subprocessors and changes to them are governed by applicable law and the data processing agreement.

    5. SIMA implements appropriate safeguards and informs the Customer of security incidents affecting the Customer in accordance with applicable statutory and contractual obligations. Notifications required by law are not excluded by these GTCs. Measures against unlawful government access to data are also governed by any applicable EU data law.

13. Required Device and Telemetry Data

    1. SIMA may collect, have transmitted by the Bondix client, store, analyze, and use technical device and telemetry data to the extent necessary and legally permissible for the provision, reliable operation, or security of the Bondix products used by the Customer and, in particular, the Bondix Hosted Services. Scope, frequency, and retention are limited to that need.

    2. When Bondix Hosted Services are used, this may include the MAC address used to identify the router on which the Bondix client runs, the operating system and operating system version, CPU type/model and processor architecture, and the Bondix client version. This provision does not permit collection of the MAC addresses of end devices connected behind the router. Additional data categories require a specifically described lawful purpose and corresponding transparency.

    3. Permitted purposes are device and access management, compatibility checks, error diagnosis and remediation, and the detection, analysis, and prevention of security risks, misuse, and unauthorized access. This also includes identifying affected software versions and preparing necessary security measures. No general authority for remote administration or installation of arbitrary software is granted.

    4. This telemetry authorization does not include analysis of communication content or browsing histories, advertising, personal marketing profiles, or sale of data. Optional analytics and general product optimization are not covered. Data must be minimized and anonymized where possible; pseudonymized data may still constitute personal data.

    5. The actually applicable legal basis, in particular Article 6(1)(b) GDPR where objectively necessary for performance of the contract or Article 6(1)(f) GDPR where supported by a valid balancing of interests, is stated for each purpose in the privacy notices. For data relating to employees or other users, the legal basis must be assessed separately; the contract with the Customer does not automatically justify every processing operation involving third-party personal data.

    6. To the extent Section 25 TDDDG applies to reading or storing information on a device, consent is dispensed with only where a statutory exception is actually satisfied. The exception for a digital service expressly requested by the user requires strict necessity. Otherwise, separate valid consent must be obtained. Acceptance of these GTCs does not constitute blanket consent to telemetry.

    7. SIMA appropriately protects transmission and access, limits recipients to necessary authorized persons and service providers, and deletes or anonymizes data when the purpose ceases to apply, subject to statutory retention and other valid legal bases. The privacy notices specify in particular the purposes, legal bases, recipients, third-country transfers, retention periods or criteria, and data subject rights. Technically unavoidable consequences of non-provision are explained before the affected function is used.

14. Changes to Services and Terms

    1. Technical adjustments necessary to maintain conformity with the contract, security, and legal compliance are permitted and will be communicated in accordance with statutory requirements. Other changes generally require agreement; booked core services may not be freely reduced.

    2. Where digital products are supplied to consumers on an ongoing basis, additional changes may be made only for a valid reason specified in the contract: necessary adaptation to changed technical standards or interfaces, mitigation of newly identified security risks, or implementation of new legal requirements. Such changes must not create additional costs and must be clearly explained. A mere desire to increase revenue is not such a reason.

    3. In the event of more than insignificant impairment, SIMA informs consumers reasonably in advance on a durable medium of the content, timing, and their rights. Consumers may terminate free of charge within 30 days pursuant to Section 327r BGB; the period begins upon receipt of the information or, if later, when the change takes effect. The statutory exception for a product that remains usable without change and without additional cost remains unaffected.

    4. Amendments to these GTCs and prices do not become effective through silence. New terms may be expressly agreed. For unavoidable material changes to services in business-to-business relationships, a separate agreement or lawful termination of the contract is required.

15. Minimum Term, Continuation, and Failure to Make Advance Payment

    1. The one-time pass ends automatically after its seven-day usage period in accordance with Section 23.6.3. For subscriptions, the initial minimum term corresponds to the selected advance-payment plan: annually, twelve calendar months; quarterly, three calendar months; monthly, one calendar month; or alternatively 30 days. It runs from conclusion of the contract until the beginning of the next agreed payment period. The actual date of a debit does not alter this boundary. The order and contract confirmation state the commencement date, end date, and next payment date.

    2. The Customer may give ordinary notice of termination during the current initial minimum term effective at the end of that period; receipt before expiry of the period is sufficient. The already paid access remains available until expiry. Extraordinary termination rights, withdrawal rights, and statutory provider-switching rights remain unaffected.

    3. Business customers only: The contract continues for the next selected payment period if the advance payment due for that period is made on time and no notice of termination effective at the end of the period has been given. Each paid subsequent period constitutes the corresponding new fixed contract period. If advance payment is not made, the contract and ongoing access to the Bondix Hosted Services end automatically at the expiry of the already paid period, without separate notice. SIMA confirms the expiry in text form. No flat-rate remuneration obligation arises for a subsequent period that does not come into existence.

    4. Consumers: After expiry of the initial minimum term, a contract that has not been terminated continues only for an indefinite period. The consumer may then terminate it at any time with one month's notice. Continued annual or quarterly advance payment does not create a new minimum commitment of the same duration; where applicable, a pro rata refund must be made pursuant to Section 23.6.6. The selected payment cycle remains in place until an agreed change. A service expressly ordered anew at a later date must be assessed separately; mere silence or an automatic debit does not constitute conclusion of a new fixed minimum term.

    5. For consumers, a failed payment attempt does not automatically lead to immediate termination. SIMA informs the consumer of the outstanding amount and the consequences and generally grants a reasonable payment period of at least 14 calendar days after receipt of the notice, unless stricter statutory requirements apply. After unsuccessful expiry of that period, SIMA may restrict access pursuant to Section 23.11 and, where the statutory requirements are met, terminate the contract for cause. Review, notification, and termination may be technically automated; any required notice of termination must be delivered to the Customer in text form. No automatic termination independent of these requirements is agreed.

    6. A properly initiated payment still being processed in the ordinary course, a delay attributable to SIMA or its payment service provider, and a legitimate withholding of payment must be taken into account before automated termination or suspension. A mere technical debit error is not equivalent to definitive non-payment. Chargebacks or subsequently insufficient funds do not trigger retroactive termination; the statutory and agreed remedy and termination rules apply.

    7. Upon expiry or effective termination, ongoing operation of the Bondix Hosted Service ends; the Customer receives confirmation stating the termination time. Data retrieval pursuant to Section 23.17 is separate from tunnel operation. A later payment does not reactivate an already terminated contract retroactively; a new service period must be expressly agreed. SIMA allocates mistaken payments correctly or refunds them where there is no legal basis to retain them.

    8. Notices of termination and non-renewal by the Customer may be given in text form, in particular by email, and via any online functions required by law. SIMA confirms receipt and the effective date. SIMA may ordinarily terminate at the end of a fixed contract period with one month's prior notice; for a shorter initial period, the promised duration remains fully available and a further period may be declined before it begins. For indefinite continuation, SIMA's ordinary notice period is three months. Statutory extraordinary rights remain unaffected.

    9. Free trials are available exclusively to the expressly stated extent and for the stated period and end without paid continuation unless a paid subsequent contract is expressly and validly agreed. The paid 7-day pass is not a free trial. Mandatory statutory switching and termination rights, in particular under Section 23.17 and, where applicable, telecommunications law, take precedence over conflicting term provisions.

16. Extraordinary Termination and Consequences

    1. Either party may terminate for cause where the statutory requirements are met. In the case of remediable breaches of duty, prior warning or a reasonable cure period is required unless the law provides an exception. An insolvency situation alone does not create a broader GTC-based termination right contrary to mandatory insolvency law.

    2. Following effective termination, the right to ongoing operation of the Bondix Hosted Service ends, subject to agreed or statutory transition services. Access codes are deactivated. If the Customer wishes to continue Bondix operation outside the Hosted Service, it must reconfigure its devices to another suitable endpoint or server environment. Data export and deletion are governed by Section 23.17.

    3. Termination does not trigger a contractual penalty or a flat-rate acceleration of all future charges. Charges owed up to the effective end of the contract and statutory damages claims remain unaffected. Services after the end of the contractual relationship require a separate legal basis.

17. Switching Provider, Data Export, and Deletion

    1. SIMA enables a switch to another provider or to the Customer's own infrastructure and the export of available exportable Customer data. Requests may be submitted in text form to sales@sima.gmbh. Where Chapter VI of Regulation (EU) 2023/2854 (Data Act) applies, its mandatory provisions apply additionally and take precedence.

    2. The technical switching process begins no later than one month after receipt of a sufficiently specific switching request, unless the Customer requests a later start. SIMA supports the switch in good faith, maintains the booked service during the transition phase, and preserves security. The regular transition period is no more than 30 calendar days. Only legally permissible and justified extensions are possible; SIMA explains them in good time and agrees the further procedure. Any statutory rights of the Customer to request an extension remain unaffected.

    3. The export includes available configurations assigned to the Customer, device and tunnel assignments, Customer-generated settings, and exportable usage/billing data and metadata. The complete categories, formats, interfaces, and justified exceptions are specified in the service schedule before conclusion of the contract. Transmitted communication content that is not stored cannot be provided retrospectively. Other customers' data, non-transferable access keys, and protected internal SIMA software need not be disclosed without a legal basis; exceptions must not frustrate statutory switching rights.

    4. SIMA provides exportable data in a structured, commonly used, machine-readable format and complies with the applicable interface and interoperability obligations. This does not constitute a general promise that data can be imported into every third-party product or that proprietary source code will be disclosed; any mandatory additional obligations remain unaffected.

    5. A contract covered by a legally regulated switching process ends upon successful switching in accordance with the applicable rules; SIMA notifies the Customer of completion. If the Customer instead chooses deletion as provided by law, the applicable termination rules apply. Previously agreed recurring usage fees remain payable until the effective end. Under these GTCs, SIMA charges no separate switching or data export fees and no flat-rate early termination compensation.

    6. Exportable data remains available for retrieval for at least 30 calendar days after completion of the transition period. In the event of other contract termination, retrieval is likewise made available for 30 calendar days unless the Customer requests an earlier lawful deletion. During such retrieval-only period, there is no entitlement to continued tunnel operation.

    7. Thereafter, the affected Customer data is deleted unless statutory retention or another legal basis prevents deletion. Billing data subject to statutory retention is handled separately for that purpose. Backup copies are removed in accordance with the deletion cycle disclosed in advance and are not reused for ongoing operations. Data protection and data processing rights remain unaffected.

18. Defect Rights

    1. SIMA owes the agreed service and the conformity required by law. In the event of defects, the applicable statutory rights apply, including, where relevant, cure, price reduction, termination, and damages. For consumers, the rules on digital products and required updates remain unaffected.

    2. There is neither deemed acceptance after seven days nor a blanket limitation of defect rights to twelve months. SIMA will explain any necessary cooperation in an understandable manner; unreasonable cooperation or unlimited remote access is not a prerequisite for the Customer's rights.

    3. SLA credits are, where applicable, additional contractual benefits. A guarantee of quality or durability is assumed only by an express guarantee statement.

19. Liability

    1. SIMA has unlimited liability for intent and gross negligence, culpable injury to life, body, or health, fraudulent concealment, and under mandatory liability provisions, in particular the German Product Liability Act. Any guarantees assumed apply according to their terms.

    2. In the event of a slightly negligent breach of material contractual obligations, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Material obligations are those whose performance is necessary for proper execution of the contract and on whose performance the Customer may regularly rely. Otherwise, liability for slight negligence is excluded; Section 23.19.1 remains unaffected.

    3. This provision applies correspondingly to legal representatives and agents. No general liability cap of zero for free services, one-month claims period, or unconditional indemnification in favor of SIMA is agreed. Statutory limitation periods and mandatory data protection claims remain unaffected.

    4. The Customer is liable for its own breaches of duty in accordance with the law. Reimbursement of third-party claims requires an appropriate statutory basis or a separately and validly agreed contractual basis.

20. Consumer Rights and Final Provisions

    1. Consumers have rights of withdrawal where the statutory requirements are met. The separate withdrawal instructions and model form in Annex B must be provided before the relevant contract is concluded. For an ongoing digital service, an existing withdrawal right does not expire merely upon activation of access. SIMA provides any electronic withdrawal and termination functions required by law.

    2. If a consumer requests that SIMA begin providing the Bondix Hosted Services before expiry of the statutory withdrawal period, provision may begin immediately after conclusion of the contract. This requires the consumer, before conclusion of the contract, to expressly request that SIMA begin performance before expiry of the withdrawal period. If the consumer exercises the right of withdrawal after performance has begun, SIMA may claim compensation for the services provided up to the time of withdrawal in accordance with statutory provisions. To the extent the right of withdrawal expires early under statutory law due to full performance of the contract, this requires, in particular, the consumer's express consent and acknowledgement as required by law.

    3. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the mandatory protection of the law of their habitual residence that would otherwise apply under private international law. The statutory places of jurisdiction apply to consumers.

    4. Exclusive jurisdiction at SIMA's registered office is agreed only if the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law and such agreement is legally permissible. Mandatory jurisdictions remain unaffected.

    5. SIMA is generally not willing to participate in voluntary consumer dispute resolution proceedings; statutory participation and information obligations and mandatory sector-specific dispute resolution rights remain unaffected.

    6. If individual clauses are invalid, the statutory consequences apply; no obligation is agreed to negotiate a replacement clause that is economically as similar as possible. Individual agreements take precedence. In the event of language discrepancies, the German version prevails unless mandatory transparency and consumer protection rules provide otherwise.

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Last updated: 8 October 2026

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