Commercial Agreement

This Commercial Agreement (hereinafter "Agreement") governs the business relationship between Just Growing GmbH, Silcherstraße 46, 71364 Winnenden, Germany (hereinafter "Syvera") and the customer (hereinafter "Client") in connection with the provision of SaaS services and related professional services.

This Agreement supplements the Terms of Service and, in the event of conflicts, takes precedence over the Terms of Service with respect to commercial matters. It is intended exclusively for businesses as defined in § 14 BGB.

Quotes from Syvera are non-binding unless expressly designated as binding. A contract is formed only upon Syvera's written order confirmation or commencement of service delivery.

Changes to the scope of services require written form. Verbal side agreements are ineffective. Service descriptions in quotes are exhaustive; additional requirements must be separately agreed upon.

All prices are net in euros, plus applicable VAT. Individual pricing arrangements may be made for enterprise customers.

Syvera performs the agreed services with the care of a prudent businessperson. Delivery dates are non-binding unless expressly designated as binding.

The Client's cooperation obligations (e.g. provision of access credentials, test data, contact persons) must be fulfilled in good time. Delays attributable to failure to cooperate are at the Client's expense.

Syvera warrants that the software substantially conforms to the agreed service specifications. Defects must be reported in writing immediately with a description of the fault.

Syvera is entitled to first provide a remedy (rectification or replacement). If the remedy fails twice, the Client may request a price reduction or rescission. The limitation period for material defect claims is 12 months from provision.

Syvera's liability is unlimited for damages arising from injury to life, body or health and for damages caused intentionally or by gross negligence. Otherwise, liability is limited to the foreseeable damage typical for the contract.

Liability for indirect damages (in particular loss of profit, production downtime) is limited to the order value, but not exceeding EUR 50,000 per claim. This limitation does not apply in the case of fraudulent concealment of a defect.

Both parties undertake to keep all confidential information received from the other party in connection with this Agreement secret and not to disclose it to third parties or use it for their own purposes outside this Agreement.

Information designated as confidential and information whose confidentiality is apparent from the circumstances (in particular prices, concepts, source code, customer data) shall be deemed confidential. The confidentiality obligation applies for the term of the Agreement and five years thereafter.

All rights to the software, trademarks and other intellectual property of Syvera remain exclusively with Syvera. The Client receives only the usage rights described in the Terms of Service.

Content that the Client enters into the platform remains the intellectual property of the Client. Syvera is granted the right to process this content solely for the purpose of service delivery.

This Agreement runs for an indefinite period or for the agreed term. The notice periods for ordinary termination are set out in the Terms of Service.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Client is in arrears with two monthly payments or materially breaches contractual obligations.

German law applies. The exclusive place of jurisdiction is Stuttgart. The place of performance is Syvera's registered office.

Amendments and additions to this Agreement require written form. This also applies to the waiver of the written form requirement. This Agreement contains all agreements between the parties regarding its subject matter.

Last updated: April 2026