SWISS MADE · LEGAL

General Terms and Conditions.

The following terms govern the use of the timeSensor® software and of all services provided by timeSensor AG.

Download GTC (PDF) Version: January 2026
 

General Terms and Conditions (GTC) of timeSensor AG

Version: January 2026

Please read the following terms carefully before putting into operation any products or services of timeSensor AG, such as the timeSensor® software. By using products or services of timeSensor AG, or by activating or using the timeSensor® software, you declare your agreement with the following provisions. If you do not agree with these provisions, do not use any products or services of timeSensor AG and do not download or use the timeSensor® software.
These GTC of timeSensor AG, consisting of the Software-as-a-Service agreement as well as – where concluded – the optional Service Level Agreement and further provisions on offers and services of timeSensor AG, apply exclusively, unless a separate agreement has been expressly concluded with the customer in text or written form. They also apply to subsequent transactions, in their respective current version. Any and all of the customer's own general terms and conditions are excluded in their entirety. The receipt by timeSensor AG of the customer's legally valid signed order, whether in physical or electronic form, or of the signed offer of timeSensor AG, constitutes the customer's offer to conclude the contract. timeSensor AG may accept customers' offers within 10 days; otherwise the offer is deemed rejected. Any offers of timeSensor AG are likewise valid for 10 days. In every case, the offer of timeSensor AG is decisive for the content of the contract. The contract concluded in this way is referred to below as the “individual contract”.

Software-as-a-Service (SaaS) agreement

1. Subject matter of the contract

1.1. Content and purpose

The subject matter of the contract is the provision, limited to the term of the contract, of the SaaS software of timeSensor AG designated in the individual contract for use by the customer via a data network, together with further services associated with such use in the sense of a cloud service. timeSensor AG is the owner and holder of the rights in the SaaS software and is entitled to operate the SaaS software in the cloud. It offers the SaaS software, together with the access software necessary for its operation, for use by the customer via a data network. The customer uses the SaaS software by means of remote access with mobile or fixed devices of the customer. The SaaS software is not installed on the customer's (end) devices; only generic access software is installed.

2. Implementing provisions

2.1. Cloud service

Within the scope of this contract, timeSensor AG provides the customer with the following cloud services against payment:
  1. timeSensor AG undertakes to make the SaaS software listed in the individual contract accessible for use via a data network to the agreed extent and in accordance with sec. 2.3. For this purpose, timeSensor AG stores the SaaS software on a server platform which the customer can access via one of the data networks referred to in sec. 2.2 and thus use the SaaS software.
  2. timeSensor AG undertakes, in accordance with sec. 2.4, to provide standard maintenance services for the SaaS software forming the subject matter of the contract, including help desk services to support the customer in the event of problems in regular use.
  3. timeSensor AG further undertakes to store and back up the customer-specific data arising during use, in accordance with sec. 2.5.
timeSensor AG is entitled to have all or individual services which it owes under this contract performed by subcontractors engaged by it. The customer may at any time request information from timeSensor AG about the subcontractors deployed for the provision of the cloud service and their function. timeSensor AG is answerable for the acts or omissions of its subcontractors as for its own acts or omissions. Further services of timeSensor AG, in particular training, may be agreed in writing at any time, provided that such services are offered by timeSensor AG. They are provided to the customer against reimbursement of the documented effort at the rates of timeSensor AG applicable at the time of the order.

2.2. SaaS software

timeSensor AG makes the SaaS software specified in the individual contract available to the customer against payment for the term of the contract, from the agreed date, by transmission via an Internet connection. The availability owed, i.e. the technical usability of the SaaS software and of the data at the transfer point for use by the customer by means of a client, is governed by the individual contract. The technical requirements for use and network connection on the customer's side are described on the website of timeSensor AG at the following URL: https://support.timesensor.com/portal/en/kb/articles/what-are-the-system-requirements-for-timesensor-legal-365 This binding information on the use of the software in a suitable and compatible environment forms an integral part of the contractual relationship with the customer.

2.3. Rights of use

The customer is granted, for the term of the contract, a non-exclusive, non-transferable, non-sublicensable right of use against payment in the SaaS software referred to in sec. 2.2 for its own purposes. The provisions of this sec. 2.3 govern the customer's rights of use exhaustively. timeSensor AG transmits the initial password for the administrator account to the customer. The customer shall immediately change this password to a password known only to it. The customer is solely responsible for the administration of user profiles and passwords; these must be kept secret by the customer and protected against unauthorised access. For this purpose, timeSensor AG recommends activating two-factor authentication (2FA) for all accounts. The right of use comprises exclusively the right to use the SaaS software, as set out in sec. 2.2, by remote access via a data line for the customer's own purposes. Under no circumstances may the use take place in an unlawful manner or for unlawful purposes (including infringement of third-party protective rights or use of unlawfully obtained or processed data). The customer shall indemnify and hold timeSensor AG harmless from all costs, expenses and any liability incurred by it as a result of such unlawful use. timeSensor AG is entitled to delete unlawful data without further notice. The costs of remote access by the customer (in particular for the required end devices and the customer's connection costs) are borne by the customer, who alone bears responsibility for the availability and sufficient quality of the telecommunications connection. The transfer point for the use of the SaaS software and the associated data is the router output of the data centre hosting the customer data. By granting the right of use in the SaaS software, timeSensor AG also grants the customer the right to use the client software that may be required on the end devices for remote access. The client software may be reproduced to the extent that such reproduction is necessary for the contractual use of the SaaS software. The customer may use the client software only for accessing the server within the scope of the contractual use of the SaaS software. timeSensor AG is entitled to restrict or block access to the cloud services from certain countries, provided that cyberattacks demonstrably originate from those countries with above-average frequency. In determining such countries, timeSensor AG is guided by generally recognised, publicly accessible sources, in particular the World Cybercrime Index, as well as comparable surveys. The active restrictions can be accessed at the following URL: https://support.timesensor.com/portal/de/kb/articles/welche-länder-sind-zum-zug The customer undertakes to comply at all times with the system requirements defined in the annex and to ensure that users are familiar with the proper operation of the client software. The rights of use in third-party software created by third parties and transferred to the customer by timeSensor AG are limited in scope to those rights of use which the third party has granted to timeSensor AG. The customer is given the opportunity to inspect the licence conditions of the third-party manufacturer at timeSensor AG at any time. The rights of use relate only to the object code, and not to the source code. The customer may copy neither the SaaS software nor the structure of the database. The customer shall take the necessary precautions to ensure that third parties have no access to the SaaS software. In the event of unauthorised access by a third party to the SaaS platform and software, the customer shall notify timeSensor AG thereof without delay. It shall support timeSensor AG in taking all permissible measures to safeguard its interests. The user documentation made available in the online help centre forms part of the right of use granted in the SaaS software and is provided by timeSensor AG exclusively in electronic form. Insofar as timeSensor AG enables the user documentation to be downloaded, the customer may download the documentation via a data line from the server of timeSensor AG and, while maintaining existing proprietary notices, save, print and reproduce it in an appropriate number for the purposes of this contract. It has no claim to a printed version of the user documentation.

2.4. Maintenance

Unless deviating maintenance services are agreed in the individual contract, timeSensor AG undertakes, within the scope of the remuneration agreed for the cloud service, to provide the following standard maintenance services for the SaaS software:
  1. Provision of an online ticket system for reporting application problems
  2. Provision of an online help centre containing the user documentation in electronic form
  3. Provision of explanatory videos
  4. Elimination of errors and incidents in the case of reproducible malfunctions of the SaaS software
Where the SaaS software is third-party software, the elimination of errors and incidents, or adaptations of the SaaS software or its documentation, is limited to coordination with the software manufacturer and the installation of patches and updates or documentation made available by the software manufacturer. The remuneration for the standard maintenance services is included in the ordinary remuneration for the cloud service in accordance with sec. 3 below. Any further maintenance services going beyond the standard maintenance services referred to are invoiced to the customer additionally at the rates of timeSensor AG applicable from time to time, insofar as they are offered by timeSensor AG. This concerns in particular the conclusion of a Service Level Agreement (SLA). timeSensor AG is entitled to further develop and adapt the cloud service, and in particular the features of the SaaS software, in order to take account of technical progress and changed legal conditions. timeSensor AG provides information about such updates to the cloud service in the online help centre.

2.5. Data, data storage and backup

timeSensor AG makes available to the customer, for the storage of data in connection with the use of the SaaS software, the storage capacity designated in the individual contract on the servers of timeSensor AG. The data falls within the legal sphere of the customer using the cloud service, even where it is not stored physically at the customer's premises. The customer is solely responsible for the collection and processing of the data. In particular, when collecting and processing personal data, the customer shall strictly comply with the provisions of the applicable data protection legislation. timeSensor AG enables the customer to download its data stored on the server of timeSensor AG during the term of the contract and within 30 days after termination of the contract, by means of a standardised procedure made available by timeSensor AG. It thereby assumes no warranty whatsoever for the usability of downloaded data on other systems. timeSensor AG is entitled to irrevocably delete the customer's data held by it 60 days after expiry of this period, unless timeSensor AG is obliged to retain it under mandatory law. timeSensor AG takes suitable precautions against data loss in the event of cloud server failures and to prevent unauthorised access by third parties to the customer's data. For this purpose, timeSensor AG performs regular backups (at least once per day) and protects the customer's access data stored on the server against unauthorised access by suitable means corresponding to the state of the art.

2.6. Duties of the customer to cooperate

The customer is responsible for providing and maintaining the end devices required for use of the SaaS software and the data line for accessing the SaaS software (e.g. hardware and operating system, network devices, Internet connection, etc.) and ensures that their configuration and technical status correspond to the requirements of timeSensor AG applicable from time to time. When using the SaaS software itself or through users designated by it, it observes the technical requirements described in the online help centre and protects the access data against unauthorised access. If the customer uses antivirus programs, it configures them in accordance with the requirements of timeSensor AG set out at the following URL: https://support.timesensor.com/portal/de/kb/articles/4d-datenbanken-und-anti-viren-software In the event of serious breaches of the terms of use of the cloud service (by the customer itself or by users designated by it) or of the customer's duties to cooperate, timeSensor AG is entitled to block the customer's access to the cloud service. In the event of unauthorised transfer of use, the customer shall, on request, immediately provide timeSensor AG with all information required to assert claims against the user, and in particular disclose the user's name and address.

3. Remuneration / Invoicing

3.1. General

The customer undertakes to pay the remuneration for the cloud service in accordance with the individual contract. timeSensor AG is entitled to adjust the remuneration to inflation once per year. The recurring fees may, at the discretion of timeSensor AG, be adjusted once per year, subject to one month's notice, in full to the development of the Swiss Consumer Price Index. The formula for calculating the increase in % is:

(current index level − previous index level) × 100 / previous index level

The decisive index at the time of conclusion of the contract is that of the preceding month. All invoices are payable by the customer strictly net within 30 days of the invoice date to the account specified by timeSensor AG. Invoices which are not contested in writing within the payment period are deemed accepted. timeSensor AG is entitled to charge the statutory default interest in addition on payments made after expiry of the payment period, without a reminder. In the event of default of payment, timeSensor AG will first send the customer a reminder. If full payment is not made within ten (10) days of receipt of a second reminder, timeSensor AG is entitled to temporarily block access to the SaaS service. The blocking is announced to the customer in writing or electronically at least three (3) working days in advance. timeSensor AG is obliged to restore access without delay as soon as all outstanding amounts have been settled. During a justified blocking, the customer's obligation to pay the agreed remuneration continues to apply. timeSensor AG is entitled to terminate the contract extraordinarily for good cause if the customer is in default of payment for more than thirty (30) days or if a blocking remains without effect. A blocking of the service does not result in the deletion of customer data. timeSensor AG ensures that the customer's data is protected during the blocking and remains available unchanged in the event that the service is resumed.

3.2. Ramp-up phase

The ramp-up phase begins with the conclusion of the SaaS agreement and ends with the productive start of the system (“go-live”). During this phase, the licence costs are charged at 50% of the agreed amount. The hosting costs are invoiced at 100% from the point in time at which the law firm's database service is provided ready for operation and the customer has been able to log in to the system successfully for the first time.

4. Intellectual property

All intellectual property rights in the cloud service made available to the customer under the contract belong to timeSensor AG or to the software manufacturer. In particular, the customer acquires no rights whatsoever in the SaaS software itself (including documentation), in the developments or in the know-how of timeSensor AG, unless expressly agreed otherwise in the contract. The customer is entitled to use the customer-specific developments commissioned from timeSensor AG, if any, to the same extent as agreed in sec. 2.3 above.

5. Warranty / Liability

5.1. Warranty

timeSensor AG warrants that the SaaS software complies with the contractually agreed specifications during the term of the contract. In the case of defects notified in detail to timeSensor AG by the customer immediately upon their discovery, timeSensor AG shall take the appropriate measures necessary to remedy the defects within a period reasonable in the circumstances. timeSensor AG can guarantee neither that the SaaS software and its server platform are free of errors, nor that they can be used without interruption. In particular, timeSensor AG is entitled to suspend access for urgent maintenance work, including outside the agreed maintenance windows. The above warranty applies only to the hardware and software configuration recommended by timeSensor AG. Faultless operation of the SaaS software in connection with third-party software is not warranted. In the case of modifications of or interventions in the SaaS software or the client software not carried out by or through timeSensor AG, as well as in the case of operating errors and changes to the operating and/or usage conditions, the warranty lapses automatically. timeSensor AG is obliged to render its services carefully and professionally. In the event of complaints, timeSensor AG shall take the measures necessary to remedy the defect at no cost to the customer, provided that timeSensor AG is answerable for the defect and no fault is attributable to the customer (or its agents). If a third party contests the ownership of and/or the rights of use in the SaaS software transferred for use to the customer by timeSensor AG under the contract, the customer shall inform timeSensor AG without delay of the claim raised by the third party. The customer authorises timeSensor AG to conduct and settle the dispute alone, in particular also by way of settlement. The customer shall support timeSensor AG in this respect and follow its instructions. The present provision governs the warranty granted by timeSensor AG exhaustively, and any further warranty of timeSensor AG is expressly excluded.

5.2. Liability

The liability of timeSensor AG for culpably caused personal injury is unlimited. Liability for direct property and financial loss culpably caused by timeSensor AG in the performance of the contract is limited to the sum of one annual fee payable by the customer for the service concerned. Any liability of timeSensor AG or its auxiliaries for other or more extensive claims and damages, in particular claims for compensation for indirect or consequential damage, lost profit, lost use, savings not realised, loss of earnings, business interruption or loss of production – irrespective of its legal basis – is expressly excluded. timeSensor AG is in no case liable for unlawful content of the data stored with it or for its abusive use by the customer. This limitation of liability applies irrespective of the legal basis of liability. More extensive mandatory statutory liability remains reserved, for example for gross negligence or unlawful intent.

6. Term of the contract

6.1. Term and termination of the contract

The contract enters into force upon the customer's signature of the offer submitted by timeSensor AG and its acceptance by timeSensor, and is concluded for the initial contractual term set out in the individual contract. It is automatically extended by one further year at a time unless terminated in writing by one of the contracting parties subject to a period of three months before expiry of the contractual term. The customer's special rights of termination in the cases of sec. 2.4 last paragraph and sec. 3 para. 2, and those of timeSensor AG in accordance with sec. 1 of the final provisions, remain reserved. The contract may in addition be terminated by the customer in writing at any time, extraordinarily, subject to a notice period of 20 days to the end of a month, for good cause attributable to timeSensor AG, provided that the cause has not been remedied by timeSensor AG within a reasonable period (at least 30 days) following written notification by the customer. The contract may be terminated by timeSensor AG in writing at any time, extraordinarily, subject to a notice period of 20 days to the end of a month, for good cause not attributable to timeSensor AG. Good cause exists in particular in the case of unlawful use, or if the customer, in the event of default of payment, makes no payment even after a final reasonable payment period has been set with a warning of termination.

6.2. Consequences of termination

Upon the end of the contract, the customer's ability to access the cloud service is in particular discontinued. The customer's data is then made available by timeSensor AG for download in accordance with sec. 2.5. More extensive post-contractual services of timeSensor AG not provided for in this contract are owed only if and to the extent that they are expressly agreed between the parties.

7. Miscellaneous provisions

7.1. Confidentiality

Both contracting parties undertake, for themselves as well as for their auxiliaries, to maintain the confidentiality of all documents and information not generally known which relate to the business sphere of the other party and to which they gain access in the preparation and performance of this contract, including the content of the annex. This obligation continues, for as long as a legitimate interest exists therein, also after termination of the contractual relationship.

7.2. Data protection

For customers from Switzerland, the data processing agreement (ADV) under the FADP is available. It can be downloaded at the URL https://support.timesensor.com/portal/de/kb/articles/auftrags. For customers from the EU, the data processing agreement (AVV) under the GDPR is available. It can be downloaded at the URL https://support.timesensor.com/portal/de/kb/articles/auftragsverarbeitungsvertrag-deutschland.

7.3. Integration of third-party software

Various offerings of timeSensor AG enable the customer to integrate third-party software via interfaces (for example an interface to Microsoft 365 or to AI software of third-party providers). If the customer decides to integrate and use such third-party software, the customer uses this third-party software at its own responsibility and itself ensures whether the use of this third-party software is permissible for data protection and regulatory reasons.

7.4. Force majeure

The parties are released from the obligation to perform under this contract for as long as and to the extent that the non-performance of services is attributable to the occurrence of circumstances of force majeure. Circumstances of force majeure include, for example, war, strikes, civil unrest, expropriations, storms, floods and other natural disasters, as well as other circumstances for which the parties are not answerable. Each contracting party shall notify the other contracting party of the occurrence of a case of force majeure without delay and in writing.

7.5. Set-off of claims

The set-off of any claims of one contracting party against counterclaims of the other party requires the prior written agreement of the contracting parties.

Service Level Agreement (SLA)

1. Purpose and scope

In addition to the SaaS agreement, timeSensor AG offers its customers an optional Service Level Agreement. This specifies in concrete terms the services of timeSensor AG agreed in the SaaS agreement with regard to availability, support, response times and costs.

2. Availability of the cloud service

A target value of 99.2% per calendar month is defined for the overall availability of the system. This includes a monthly planned maintenance window of a maximum of 6 hours. The maintenance window is generally scheduled for a Saturday morning. Maintenance windows and the status of the systems can be accessed in the help centre of timeSensor AG at the URL https://support.timesensor.com/portal/de/kb/server-status. Availability at the transfer point is calculated according to the following formula:

(total time − downtime) × 100 / total time

The transfer point for the use of the SaaS software and the associated data is the router output of the data centre hosting the customer data. Outages due to force majeure or disruptions within the customer's area of responsibility are not taken into account.

3. SLA variants

timeSensor AG offers the SLA in three variants:
  1. Standard SLA
  2. Priority SLA
  3. Custom SLA
The SLA variants differ with regard to the guaranteed support hours and the response time.

4. Support channels for customers with an SLA

Support can be requested via the following support channels:
  1. Ticket system: the ticket system can be accessed at the URL https://support.timesensor.com/portal/de/home and enables the customer to open a support ticket.
  2. E-mail: a support request can also be initiated by sending an e-mail to hotline@timesensor.com. Upon successful sending, the customer receives a confirmation of receipt of the support request.
  3. Telephone: timeSensor support can also be contacted by telephone within the guaranteed support hours. The telephone number for support can be accessed on the website of timeSensor AG at the URL https://timesensor.ch/kontakt/.

5. Support hours

The support of timeSensor AG is available on working days within the following time windows:
  1. Standard SLA: Mon–Fri 09:00–12:00 and 14:00–17:00
  2. Priority SLA: Mon–Fri 08:00–20:00
Support is not available on Sundays and official public holidays. The public holiday calendar of the Canton of Bern applies. For the Custom SLA, the support hours are governed by a separate agreement.

6. Response times

The response time is the time between receipt of the incident report via one of the support channels described in sec. 4 and the reply of a support employee of timeSensor AG. It is measured in working hours and applies within the support hours according to the SLA chosen. The following response times are defined:
  1. Standard SLA: 8 working hours
  2. Priority SLA: 4 working hours
Example: the incident report is made on Friday at 16:00. The reply of the support employee is made by Monday at 16:00 at the latest (Standard SLA) or Monday at 12:00 (Priority SLA), provided that Friday and Monday are two working days. For the Custom SLA, the response time is governed by a separate agreement.

7. Resolution target

The resolution target is the intended period until restoration of the agreed functionality. The resolution target depends on the incident category.
  1. Cat. 1 – Critical: the overall system or the main function is unusable. The resolution target is < 8 working hours.
  2. Cat. 2 – High: partial limitation of functionality, workaround possible. The resolution target is < 24 working hours.
  3. Cat. 3 – Medium: minor disruption, no material impairment. The resolution target is < 84 working hours.
  4. Cat. 4 – Low: enquiry, cosmetic error, suggestion for improvement. The resolution target depends on priority and release planning.

8. Service credits

If timeSensor AG does not achieve the guaranteed monthly availability of 99.2%, the customer receives the following credit on the monthly SaaS fee:
Availability in the month Credit
98.7% – 99.2% 5%
98.2% – 97.7% 10%
< 97.7% 20%
The credit is limited to one month and is offset against the next invoice. Further claims are excluded.

9. Duties of the customer

  1. Incidents must be reported via one of the support channels referred to in sec. 4, with a precise description, the time of occurrence and screenshots, where possible.
  2. The customer ensures that only users who have been appropriately trained in the operation of timeSensor LEGAL contact support.
  3. In the case of errors within the customer's area of responsibility, the customer bears the effort incurred.

10. Remuneration

Support work performed which is attributable to a reproducible error in the timeSensor LEGAL 365 software is not invoiced. All other support work performed by timeSensor AG is invoiced in accordance with the current price list of timeSensor AG. By concluding an SLA, the customer benefits from reduced hourly rates. In the event of default of payment by the customer, timeSensor AG may, at its own discretion, discontinue the services of the SLA entirely after prior announcement, in writing or by e-mail.

Further offerings and services of timeSensor AG

1. General

timeSensor AG has further offerings and a broad range of services. In principle, the individual offers and agreements apply to such additional offerings and services. The present conditions apply in addition.

2. Individual programming by timeSensor AG

timeSensor AG endeavours to adapt the customer's system in accordance with the customer's requirements, within the scope of what is technically possible. Program adaptations generally consist of the chargeable work packages “analysis/preparation of the offer” and “implementation, testing and acceptance”.

2.1 Work package: analysis and preparation of the offer

The first work package, comprising analyses and initial tests, creates the basis for the preparation of the offer. The customer is aware that timeSensor AG generally has to spend several working hours on this in order to determine whether the desired adaptation is possible in principle and how it can best be implemented. The costs and conditions for the first work package are governed by the individual offer. Upon completion of the first work package, timeSensor AG will submit a binding offer to the customer for the further work. If the analysis shows that the desired adaptation cannot be carried out, or if the customer does not wish to continue, the costs for the customer are limited to this first work package.

2.2 Work package: implementation, testing and acceptance

If the customer decides to have the work carried out or continued by timeSensor AG, the implementation is subsequently performed in accordance with the individual offer.

2.3 Requirements specification

The requirements specification defines all requirements (including functional and technical specifications, operating conditions, performance parameters, quality standards and interfaces) which the program adaptations to be provided by timeSensor AG must fulfil. The customer is itself responsible for preparing the requirements specification. timeSensor AG will advise the customer in drawing up the requirements specification and must approve it. Additional costs caused by a deficient or incomplete requirements specification are borne by the customer, provided that such additional costs are not attributable to deficient advice by timeSensor AG.

2.4 Schedule

timeSensor AG will carry out the adaptation in phases, insofar as necessary. The subject matter and objectives of the individual phases as well as any agreed deadlines and milestones are communicated to the customer. If a deadline is agreed and timeSensor AG cannot meet it for reasons for which it is answerable, it shall take all necessary measures so that the obligation incumbent upon it can be fulfilled subsequently as quickly as possible and the duration of the overrun is kept as short as possible. If a milestone is agreed and timeSensor AG cannot meet it for reasons for which it is answerable, the customer shall grant it a reasonable grace period, whereby the subsequent deadlines and milestones may be postponed accordingly.

2.5 Duties of the customer to cooperate

With a view to the program adaptation, the customer will perform the duties to cooperate agreed in the requirements specification properly and on time. At the request of timeSensor AG, the customer will make available the information and documents required for the program adaptation and enable access to its buildings and technical installations insofar as necessary. The customer will take the decisions incumbent upon it in connection with the program adaptation within a reasonable period and communicate them to timeSensor AG. The employees or consultants of the customer deployed within the scope of the program adaptation must be qualified in accordance with the requirements.

2.6 Acceptance test

The subject matter of the acceptance test by the customer is the program adaptation developed by timeSensor AG in accordance with the requirements specification (the “work result”). The purpose of every acceptance test is to examine whether the work result fulfils the requirements agreed in the requirements specification. Readiness for acceptance is notified to the customer by timeSensor AG in writing. The acceptance test is carried out to completion irrespective of any defects that may arise. The customer may take two working days for an acceptance test. An acceptance test is deemed to have been completed successfully if no material defects are established. Immaterial defects do not prevent acceptance. Material defects are deviations from the requirements agreed in the requirements specification which considerably impair or preclude the intended use of the work result by the customer. Immaterial defects are all deviations from the requirements agreed in the requirements specification which do not constitute material defects. Immaterial defects are remedied by timeSensor AG at its own expense within 30 working days from the date of the acceptance report. Material defects must be rectified by timeSensor AG at its own expense within 10 working days from the date of the acceptance report.

2.7 Warranty

Following acceptance of the work result, timeSensor AG warrants that it fulfils the requirements agreed in the requirements specification for six calendar months from the date of acceptance. timeSensor AG will correct deviations from the requirements specification established and notified by the customer during the warranty period within 20 working days from their communication by the customer. timeSensor AG is released from the warranty obligation to the extent that a deviation is attributable to circumstances for which it is not answerable (e.g. other adaptations to the work result made unilaterally by the customer).

2.8 Liability

Liability for direct or immediate as well as indirect or consequential damage is excluded to the extent permitted by law. This exclusion applies both to contractual and to non-contractual or quasi-contractual claims. The liability of the parties for damage caused by wilful or grossly negligent conduct, as well as claims under product liability, remains reserved.

2.9 Rights in the work result, licence for the customer

timeSensor AG integrates the work result into the source code of the timeSensor® application. All rights in the work result, in particular intellectual property rights such as copyrights, are transferred without further ado in full and exclusively to timeSensor AG, or remain with timeSensor AG. The customer receives a limited, non-exclusive and non-transferable licence to use the work result as intended within the scope of the