Version: [insert date]

These General Terms of Use and Licence Conditions apply to the use of the software solution “Rynqaro”.

“Rynqaro” is the product and project name of a software solution developed and provided by the Provider to support event organisers with event management, participant management, timing, results processing and event-related workflows.

“Rynqaro” is not a separate legal entity and is not the name of the Provider. The contractual partner of the User is exclusively the Provider.

The Provider is:

Marco Kister
Am Auwald 53
97520 Röthlein
Germany
info@rynqaro.com
www.rynqaro.com

Hereinafter referred to as the “Provider”.

If the Provider applies the German small business regulation pursuant to Section 19 of the German VAT Act, no VAT will be shown on invoices.

For the purposes of these Conditions, the following definitions apply:

Provider means the natural or legal person named above who provides the software solution “Rynqaro” and becomes the contractual partner of the User.

Rynqaro means the software solution developed and provided by the Provider, including associated program functions, documentation, installation aids, test versions, demo versions, updates, extensions and optional add-on modules, insofar as these are provided by the Provider.

User means the person, organisation, club, association, company or other non-private entity that requests, orders, tests, installs, uses or receives access to Rynqaro.

Event means the specific use case for Rynqaro, in particular running events, canicross events, club races, trail runs, corporate runs or comparable events.

Hardware means all technical devices and components on which or with which Rynqaro is operated, in particular Raspberry Pi systems, computers, servers, storage media, scanners, power supplies, routers, switches, monitors, touchscreens, keyboards and other input or output devices.

These Conditions apply to all offers, contracts, test versions, demo versions, software licences, activations, support services, hardware packages and other services in connection with Rynqaro.

Any deviating terms and conditions of the User shall only apply if the Provider has expressly agreed to their validity in writing.

Individual agreements between the Provider and the User shall take precedence over these Conditions.

Rynqaro is intended exclusively for event organisers, clubs, associations, organisations, companies, self-employed persons and other non-private users.

Contracts with consumers within the meaning of Section 13 of the German Civil Code are excluded. Under German law, a consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

By requesting, ordering, entering into a contract, receiving access to or using Rynqaro, the User confirms that they are not acquiring or using Rynqaro as a consumer, but exclusively for event-related, club-related, organisational, commercial, self-employed or comparable non-private purposes.

The User is obliged to provide truthful information regarding their organisation, club, association, company, event or other non-private purpose when submitting an enquiry or order.

If it becomes apparent that the User has acted as a consumer contrary to this confirmation, or has provided false information regarding the purpose of use, the Provider is entitled to terminate the contract for good cause and block access to Rynqaro. Mandatory statutory rights remain unaffected.

Rynqaro is a software solution designed to support the organisation, management, timing and results processing of running events, canicross events, club races, trail runs, corporate runs and comparable events.

The software may include, in particular, functions for participant management, bib number management, start and finish recording, timing, results management, certificate generation, results publication and data export.

Rynqaro is a technical aid. Responsibility for planning, execution, safety, control, timing, results verification, publication and the legally compliant organisation of the Event remains solely with the User.

No specific event success, specific results quality, completely error-free timing, permanent availability or uninterrupted operation is owed.

Rynqaro is not a high-availability solution, not a safety-critical system and not a system whose failure can be ruled out.

The User acknowledges that software, hardware, networks, power supply, operating systems, browsers, scanners, storage media and other technical components may cause errors, delays, malfunctions, crashes, data loss or complete failures.

The User must therefore not use Rynqaro as the sole, fail-safe or guaranteed basis for carrying out and evaluating an Event.

The User is obliged to maintain suitable backup and fallback procedures for every Event.

Depending on the requirements of the respective Event, this includes in particular:

• manual timing
• stopwatch timing
• paper start lists
• paper finish lists
• replacement device
• replacement scanner
• alternative power supply
• regular data exports
• organisational procedures for the subsequent reconstruction of start, finish and results data

The User must ensure that the Event can be continued, completed, evaluated or reconstructed afterwards even in the event of a complete failure of Rynqaro.

A failure, malfunction, delayed processing, incorrect display or limited usability of Rynqaro does not release the User from the obligation to maintain suitable fallback measures and to secure the Event under their own responsibility.

If the User fails to maintain an appropriate backup or fallback procedure, claims arising from malfunctions, failures, incorrect times, incorrect results, data loss or other event-related consequences are excluded to the extent permitted by law.

The User is solely responsible for providing, setting up, operating, maintaining, securing and ensuring the functionality of their technical environment.

This includes in particular:

• Raspberry Pi or other hardware
• computers, servers or other end devices
• SD cards, SSDs, USB sticks and other storage media
• power supplies and power infrastructure
• routers, switches, Wi-Fi, LAN and other network technology
• scanners, keyboards, touchscreens, monitors and other input devices
• operating system
• browser
• firewall, network and security settings
• database operation
• data backup
• physical protection of devices
• protection against unauthorised access

The Provider assumes no responsibility for whether the hardware and software environment used by the User is suitable, sufficiently powerful, compatible, stable, secure or error-free for the respective Event purpose.

The Provider assumes no warranty, no guarantee of condition and no liability, to the extent permitted by law, for third-party hardware, third-party software, operating systems, browsers, networks, power supply, internet connections, scanners, Raspberry Pi components, SD cards, SSDs, USB sticks, routers, switches or other third-party components.

This also applies if the Provider recommends certain hardware, software or technical components.

Recommendations made by the Provider do not constitute a guarantee that the recommended component will function without interruption, permanently, compatibly, securely or suitably for every Event in the specific use case.

If the Provider supplies hardware, in particular Raspberry Pi systems, storage media, power supplies, scanners or other components, such hardware is standard third-party hardware.

The Provider does not guarantee uninterrupted, permanent or error-free operation of such hardware during an Event.

Mandatory statutory warranty rights remain unaffected.

Liability for damage, failures, incorrect results, event disruptions or other consequences caused by defects, overload, incorrect operation, power problems, storage errors, software conflicts, driver problems, operating system errors or other technical malfunctions of the hardware is excluded to the extent permitted by law.

If the Provider makes available a test version, demo version or EasyStart version, it is provided exclusively for non-binding evaluation of the software by the User.

The User is obliged to test the software independently and under conditions that are as realistic as possible before productive use.

This includes in particular:

• installation
• participant setup
• bib number management
• scanner functionality
• start and finish recording
• timing
• results lists
• certificates
• exports
• backup procedures
• operation by helpers
• behaviour in the event of interruptions or failures

Productive use is carried out exclusively at the User’s own organisational risk.

The provision of a test version, demo version or EasyStart version does not constitute a guarantee that Rynqaro will function without disruption, error or interruption at a later Event.

Unless expressly agreed otherwise, installation, setup, configuration and operation of Rynqaro are carried out by the User.

Installation instructions, documentation, recommendations or assistance provided by the Provider do not replace the User’s own responsibility to verify the system.

Before productive use, the User is obliged to verify whether the installation is complete, functional, up to date and suitable for the intended use.

Errors resulting from incorrect installation, unsuitable system environment, incorrect configuration, missing updates, operating errors, tests not carried out or omitted data backups fall within the User’s area of responsibility.

Depending on the configuration, Rynqaro may be operated locally within the User’s network.

The Provider assumes no responsibility for the availability, stability, speed, range, security or configuration of the local network, an internet connection or other communication channels.

If an internet connection is required for certain functions, the User bears the risk of its availability and stability.

The User acknowledges that software is never completely free of errors.

Rynqaro may contain, in particular, programming errors, display errors, calculation errors, database errors, usability issues, compatibility issues, performance issues or other limitations.

Individual software errors, temporary limitations, usability restrictions, display problems, functional deviations or reasonable workarounds do not give rise to any claim for refund, compensation or other payment, to the extent permitted by law.

The Provider is entitled to remedy errors by means of updates, patches, notices, workarounds, configuration changes or documentation adjustments.

The User remains solely responsible for:

• event announcement
• registration
• participant data
• bib numbers
• route planning
• route safety
• helper assignment
• start procedure
• finish procedure
• results verification
• results publication
• communication with participants
• data protection information
• official permits
• safety and emergency concept
• fallback procedures in the event of technical problems

The Provider assumes no responsibility for the proper, safe, sporting or legally compliant execution of the Event.

The User is obliged to independently verify all data and results generated or processed by Rynqaro before publication.

This applies in particular to:

• participant data
• bib numbers
• start times
• finish times
• net times
• gross times
• age categories
• gender classifications
• distance classifications
• rankings
• certificates
• result exports
• public result lists

The Provider is not liable for unverified published results, incorrect rankings, incorrect certificates, participant complaints, subsequent corrections or any resulting organisational, economic or reputational disadvantages, to the extent permitted by law.

The User is responsible for the accuracy, completeness, backup and recoverability of their data.

The User is obliged to carry out appropriate data backups and data exports before, during and after the Event.

The Provider is not liable for data loss, damaged data, incomplete data, incorrect imports, incorrect exports, accidentally deleted data, missing backups or missing recovery options, to the extent permitted by law.

This applies in particular in the event of failures of SD cards, SSDs, USB sticks, Raspberry Pi systems, power supply, operating systems, databases, browsers, networks or other components.

The User is the controller responsible for the processing of personal data in connection with their Event.

The User is responsible in particular for:

• lawful collection of participant data
• information obligations towards participants
• consents, where required
• deletion and retention of data
• access protection
• publication of start lists
• publication of result lists
• publication of certificates
• export and transfer of data

The Provider merely provides a technical software solution, unless expressly agreed otherwise.

If the Provider processes personal data on behalf of the User, a separate data processing agreement must be concluded before such processing begins.

Support services are only owed if they have been expressly agreed.

Support may be provided in particular by email, telephone, video conference or remote maintenance.

There is no entitlement to specific response times, resolution times or live support during an Event unless this has been expressly agreed in writing.

The User is obliged to allow sufficient time before an Event for installation, testing, questions, corrections and fallback procedures.

The Provider is entitled to further develop, modify, supplement, adapt or remove functions of Rynqaro, provided that this does not materially impair the contractual purpose.

Updates may fix errors, provide new functions or change existing functions.

The User is obliged to test updates independently before productive use.

The Provider assumes no liability for disruptions caused by the User not installing updates, installing updates incorrectly or failing to test them before productive use, to the extent permitted by law.

For the duration of the agreed usage period, the User receives a simple, non-exclusive, non-transferable and non-sublicensable right to use Rynqaro.

Use is permitted only for the agreed Event, the agreed period, the agreed licence scope or the agreed purpose of use.

Any transfer, rental, sublicensing, public provision, reproduction, modification, decompilation or other use outside the agreed scope is prohibited unless mandatorily permitted by law.

The specific licence scope results from the respective offer, order, invoice or separate agreement.

Restrictions may relate in particular to:

• number of Events
• number of participants
• usage period
• number of devices
• available functions
• test period
• export functions
• support scope

Use beyond the agreed licence scope is not permitted.

The prices stated in the offer, order or invoice apply.

Unless otherwise agreed, payments are due before activation or provision of the software.

The Provider is entitled to withhold provision, activation or support services until full payment has been received.

Refunds are granted only in accordance with this clause.

If Rynqaro was demonstrably completely unusable due to a serious error attributable to the Provider, and no reasonable workaround was available to the User, any possible claim of the User shall be limited to a pro rata or full refund of the usage fee actually paid for the affected usage period or affected Event.

A refund is excluded in particular in the case of:

• minor software errors
• display errors
• operating errors
• incorrect installation
• unsuitable hardware
• failure of third-party hardware
• failure of power supply
• failure of network or internet
• failure of scanners
• failure of SD cards, SSDs or USB sticks
• incorrect configuration
• tests not carried out
• updates not installed
• backup procedures not maintained
• incorrect participant data
• incorrect imports
• incorrect exports
• unverified published results
• disruptions that are not within the Provider’s area of responsibility

Further claims shall only exist insofar as they cannot be excluded or limited by mandatory law.

The Provider shall be liable without limitation in cases of intent and gross negligence and for damages arising from injury to life, body or health.

Claims under the German Product Liability Act and other mandatory statutory liability provisions remain unaffected.

In the case of simple negligence, the Provider shall only be liable for breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the User may regularly rely.

In such case, liability shall be limited to the typical and foreseeable damage.

To the extent permitted by law, liability shall be limited in amount to the usage fee actually paid by the User for the affected Event or affected usage period.

Liability for indirect damage, consequential damage, loss of profit, loss of revenue, reputational damage, participant claims, contractual penalties, event cancellations, costs of replacement systems, travel expenses, personnel costs, additional expenses, data loss, incorrect publication of results and other economic disadvantages is excluded to the extent permitted by law.

These limitation clauses are deliberately drafted with mandatory statutory exceptions, because German standard terms law limits the extent to which liability can be excluded, especially for injury to life, body or health and for gross fault.

To the extent permitted by law, the Provider shall in particular not be liable for damage, disruptions or disadvantages caused by:

• software errors
• program crashes
• system crashes
• database errors
• operating errors
• unsuitable system environment
• hardware overload
• network problems
• Wi-Fi problems
• internet problems
• power failure
• undervoltage
• overvoltage
• faulty power supplies
• defective SD cards
• defective SSDs
• defective USB sticks
• defective scanners
• browser problems
• operating system errors
• third-party updates
• viruses, malware or unauthorised access
• improper installation
• missing tests
• missing backups
• incorrect participant data
• incorrect bib numbers
• incorrect start times
• incorrect finish times
• incorrect rankings
• delayed or incorrect publication of results
• cancellation of an Event
• termination of an Event
• complaints or claims by participants
• missing official permits
• safety deficiencies of the Event
• force majeure

The Provider shall not be liable for events of force majeure or other events outside the Provider’s control.

This includes in particular:

• natural events
• severe weather
• power outages
• internet outages
• failures of data centres or hosting providers
• cyberattacks
• failures of third-party providers
• official measures
• strikes
• war
• pandemics
• major technical disruptions
• other unforeseeable events outside the Provider’s control

The User undertakes to:

• use Rynqaro only within the agreed scope
• keep access credentials confidential
• prevent unauthorised access
• test the software before productive use
• use suitable hardware
• ensure a stable power supply
• provide a suitable network
• carry out regular backups and exports
• maintain a manual fallback procedure
• verify results before publication
• report malfunctions without undue delay
• not process unlawful content or data
• comply with legal obligations in connection with their Event

If the User breaches these obligations, liability of the Provider is excluded to the extent that the damage is based on such breach and to the extent permitted by law.

The Provider is entitled to temporarily or permanently block access to Rynqaro if the User:

• violates these Conditions
• uses the software outside the agreed scope
• provides false information regarding the purpose of use
• acts as a consumer although consumer contracts are excluded
• fails to make payments
• creates security risks
• misuses the software
• infringes rights of the Provider or third parties

The right to terminate for good cause remains unaffected.

Statutory warranty rights apply insofar as they cannot be validly excluded or limited.

The Provider does not warrant that Rynqaro is completely error-free, available at all times, uninterrupted, compatible with every hardware configuration or suitable for every individual Event purpose.

The User is obliged to notify the Provider of obvious defects without undue delay and to give the Provider a reasonable opportunity to inspect and remedy the defect.

The law of the Federal Republic of Germany applies.

The place of jurisdiction shall be the registered office of the Provider, insofar as legally permissible.

Should any provision of these Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

The statutory provisions shall apply in place of the invalid provision.