General Terms and Conditions for Spot Bookings

of ASCOMP Software GmbH, Hauptmannsreute 6, 70192 Stuttgart, email: info@software-spotlight.com (hereinafter "ASCOMP").

§ 1 Scope and Role of ASCOMP

(1) These General Terms and Conditions govern exclusively the booking and use of advertising spaces ("spots") on the Software in the Spotlight website by software providers ("Providers").

(2) ASCOMP does not sell software, other products, or digital content to consumers through this website. Consumers may only view information about software offers, giveaways, and discounts provided by third parties and follow external links to the respective providers.

(3) The contracting parties for a spot booking are exclusively the Provider and ASCOMP. A booking may only be made for a business or other commercial activity.

§ 2 Conclusion of Contract and Booking

(1) The display of available spots is not a binding offer by ASCOMP. The Provider's booking request is an offer to conclude a contract for the temporary provision of the selected spots.

(2) The contract is concluded when ASCOMP confirms the booking or activates the booked spots. ASCOMP may reject bookings without stating reasons.

(3) The spot, term, remuneration, content, and technical requirements displayed at booking are decisive.

§ 3 ASCOMP's Services

(1) ASCOMP provides the Provider with the booked spots as advertising space on the website for the agreed term. No specific visitor numbers, reach, placement, availability, visibility, or number of clicks is guaranteed.

(2) ASCOMP may change the technical design, arrangement, and presentation of the website and spots at any time. Technical faults, maintenance, force majeure, or other circumstances outside ASCOMP's responsibility may temporarily restrict or interrupt the service.

(3) ASCOMP may remove content or suspend a booking if content is unlawful, misleading, discriminatory, harmful to minors, offensive, unsuitable for the website, or infringes third-party rights.

(4) ASCOMP may also use the name, title, description, and terms of the Provider's campaign in newsletters, push notifications, and similar notices pointing to the website. There is no entitlement to such notices. No specific number of recipients, deliveries, impressions, or clicks is owed; delivery depends in particular on users' consent and on their browser and operating system.

§ 4 Provider's Duties

(1) The Provider is solely responsible for all text, images, logos, links, software names, discount information, and other content submitted by it. The Provider warrants that it has the required rights and does not infringe third-party rights.

(2) The Provider shall indemnify ASCOMP against third-party claims arising from the content supplied by the Provider, the advertised software, linked offers, or the execution of its campaigns, insofar as the Provider is responsible for the claim.

(3) The Provider must not make false, incomplete, or misleading statements and must comply with all applicable rules on advertising, data protection, competitions, discounts, and software offers.

§ 5 Third-Party Offers and Products

(1) ASCOMP is neither the manufacturer, seller, licensor, nor contracting party for software, products, services, giveaways, or discounts displayed on the website by third-party providers.

(2) To the extent permitted by law, ASCOMP assumes no responsibility or liability for the accuracy, completeness, currency, availability, quality, security, legality, suitability, or absence of defects of offers advertised by Providers.

(3) In particular, ASCOMP is not liable for damage, data loss, security incidents, malfunctions, or other disadvantages caused by the use, installation, download, or characteristics of software or other products offered by third parties. Claims relating to such offers must be asserted exclusively against the respective provider or manufacturer.

(4) Contracts for third-party products or services are concluded exclusively between the user and the respective third-party provider. ASCOMP does not accept consumer orders or payments for such products and does not broker a purchase contract.

§ 6 Remuneration and Payment

(1) The remuneration for a spot booking is the amount displayed at booking. Unless otherwise stated, prices are exclusive of statutory VAT.

(2) The remuneration is due upon invoicing or under the payment terms agreed at booking. ASCOMP may exclude certain payment methods.

(3) Set-off is permitted only with undisputed or legally established claims.

§ 7 Term and Termination

The booking ends automatically when the agreed term expires. The right to terminate for good cause remains unaffected. In the event of a material breach of these terms or applicable law, ASCOMP may suspend or remove the spots without refund of amounts already paid, insofar as the Provider is responsible for the breach.

§ 8 Liability

(1) ASCOMP is fully liable for damage caused intentionally or by gross negligence, for injury to life, body, or health, and under mandatory statutory provisions.

(2) In the event of a slightly negligent breach of material contractual obligations, ASCOMP is liable only for the typically foreseeable damage. Otherwise, ASCOMP's liability is excluded to the extent permitted by law.

(3) In particular, ASCOMP is not liable for lost profits, failure to achieve reach, lost leads, indirect damage, or damage arising from the use of software, products, websites, or offers advertised by third parties.

(4) Liability under mandatory statutory provisions, in particular the German Product Liability Act, remains unaffected.

§ 9 Data Protection

ASCOMP processes personal data in accordance with applicable data protection law and the privacy policy published on this website.

§ 10 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies. If the Provider is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is ASCOMP's registered office.

§ 11 Severability

If individual provisions of these terms are or become invalid, the validity of the remaining provisions remains unaffected.