These General Terms and Conditions (GTC) apply to all services offered by Wizlabs GmbH (hereinafter “Wizlabs”) in connection with the software Scanwiz.com. By using Scanwiz, the customer accepts these GTC in the version agreed upon from time to time.
1. Scope and Subject Matter of the Agreement
These GTC apply to the use of the software solution Scanwiz, provided by Wizlabs GmbH. Scanwiz supports the digital and smart management of stock items, including inventory management, stocktaking, variant management, and the provision of an integrated barcode scanner. The software is provided as Software-as-a-Service (SaaS) via the internet.
2. Services of Wizlabs GmbH
- Provision of the Scanwiz software as Software-as-a-Service (SaaS) via the internet.
- Storage of all customer data in German data centers in compliance with applicable data protection laws, in particular the GDPR.
- Continuous further development and automatic provision of the current software version. There is no entitlement to any specific earlier version.
- Functionalities such as stock management, batch management, stocktaking, reporting, and barcode scanning.
- Target annual availability of 99%, excluding scheduled maintenance windows and outages beyond the control of Wizlabs.
- Provision of storage capacity exclusively for the contractual use of Scanwiz and the related data.
3. Usage Rights and Customer Obligations
- Wizlabs grants the customer, for the term of the agreement, a non-exclusive, non-transferable, and non-sublicensable right to use Scanwiz for its own internal business purposes. Any transfer, rental, sublicensing, or use for the benefit of unauthorized third parties is prohibited.
- The customer and its users are required to keep access credentials confidential, protect them against unauthorized access, and not misuse or unlawfully share user accounts.
- The customer is solely responsible for the provision and security of its own IT infrastructure, in particular end devices, browsers, networks, and internet access, and must install security-related updates in a timely manner.
- Wizlabs must be informed without undue delay in the event of suspected unauthorized access, loss of access credentials, or any other security-relevant incident.
- The customer is solely responsible for all content and data uploaded, stored, or processed in Scanwiz by the customer or its users and shall ensure that no third-party rights or statutory provisions are violated.
- Any use of Scanwiz for unlawful purposes or for the storage of unlawful content is prohibited. In the event of a concrete suspicion of such use, Wizlabs is entitled to block or delete the affected content and temporarily suspend access.
4. Data Protection and Data Security
- All customer data is processed exclusively in Germany and in accordance with the applicable data protection regulations.
- Wizlabs implements appropriate technical and organizational measures to protect customer data, in particular regular backups, up-to-date software updates, malware protection, and appropriate internal security measures.
- The customer remains responsible for the security of its end devices and IT infrastructure.
5. Availability, Disruptions and Warranty
- Wizlabs endeavours to make Scanwiz available with an annual average availability of 99%. Excluded from this are, in particular, periods of scheduled maintenance, force majeure, and outages of third-party providers or telecommunication networks beyond the control of Wizlabs.
- Scheduled maintenance work will, where possible, be announced in advance and preferably carried out outside normal business hours.
- Errors or outages caused by improper use, unsupported hardware or software, interventions by the customer or third parties, or other external circumstances do not give rise to any claim for remedy by Wizlabs.
- Scanwiz is provided as a SaaS solution. Wizlabs does not warrant that the software will be available at all times without errors or interruptions, but will remedy reported, reproducible disruptions within a reasonable period of time insofar as they fall within the responsibility of Wizlabs.
- Any further warranties, representations, or guarantees shall apply only if expressly agreed in writing.
6. Liability
- Wizlabs shall be liable only for direct damages demonstrably caused by wilful misconduct or gross negligence.
- To the extent permitted by law, Wizlabs’ total liability shall be limited to EUR 100,000 per event of damage.
- Liability for indirect damages, consequential damages, loss of profit, unrealized savings, business interruption, reputational damage, or loss of data is excluded to the extent permitted by law.
- Wizlabs shall not be liable for damages resulting from misuse or unlawful use of Scanwiz, from a breach of the customer’s cooperation obligations, or from insufficient protection of the customer’s IT infrastructure.
- The customer shall be liable for damages resulting from breaches of these GTC, misuse of the software, or unlawful content or data uploaded or processed by the customer or its users.
7. Term and Termination
- The agreement for use may be terminated at the end of the respective agreed contract term. The right to extraordinary termination without notice for good cause remains unaffected, in particular in the event of serious breaches of contractual obligations or payment obligations.
- After termination of the agreement, customer data will be permanently deleted after 30 days unless statutory retention obligations apply or the customer requests earlier deletion or return of the data.
8. Confidentiality and Rights
- Both parties undertake to treat all non-public information and data of the other party as confidential and to use such information solely for the performance of the agreement. This obligation shall survive termination of the agreement for a further period of five years.
- All rights to Scanwiz, including all further developments, modifications, documentation, and technical property rights, remain exclusively with Wizlabs or the respective licensors.
- Suggestions, feedback, or ideas provided by the customer regarding the further development of Scanwiz may be used by Wizlabs free of charge for product improvements without giving rise to any claims by the customer.
9. Force Majeure
- Wizlabs shall be released from its obligation to perform to the extent and for as long as non-performance is caused by events of force majeure, including natural events, war, strikes, pandemics, governmental measures, power outages, or failures of telecommunication or hosting providers beyond the control of Wizlabs.
- If an event of force majeure continues for more than 30 days, either party shall be entitled to terminate the affected agreement extraordinarily. Fees paid in advance for services not yet rendered shall be refunded on a pro rata basis.
Status 03/2026, Wizlabs GmbH