Terms of Service

These General Terms and Conditions (Terms) apply to all contracts and other legal relationships between the Provider and its business customers, and to use of the Delta website and related offerings, unless expressly agreed otherwise in writing.

Customer means only a natural or legal person acting in the exercise of its trade, business, or profession (entrepreneur within the meaning of Section 14 BGB). Paid contracts for the Provider's Services are concluded only with such entrepreneurs. These Terms also apply to all future transactions with the same Customer without further reference.

Conflicting, opposing, or supplementary general terms of the Customer do not become part of the contract unless the Provider expressly agrees to them in writing.

The subject matter is the performance of services in the areas of software, cloud services, APIs, consulting, and related services (together, "Services"), including documentation and support to the agreed extent.

Scope of services, service levels, usage quotas, and other specifications follow from the respective offer, product description, order, or a separate service agreement. Demo, trial, and beta offerings may be limited or time-bound; the Customer will be informed accordingly.

The Provider may further develop and technically adapt the Services provided the materially agreed character of the Services is preserved and any reasonable adjustments required of the Customer are not unreasonable.

Presentation of Services on the website does not constitute a legally binding offer but an invitation to order or use, unless expressly stated otherwise.

By placing an order or using paid Services, the Customer submits a binding offer on behalf and for the account of its business. The contract is formed upon written or electronic order confirmation or upon commencement of performance, whichever occurs first.

Upon registration, business information must be truthful and complete; the Customer warrants that it is duly authorized to act. Login credentials must be kept confidential and not shared with unauthorized third parties. The Customer is responsible for all activity under its account unless the Customer is not at fault for misuse.

Unless otherwise agreed, the Provider grants the Customer a simple, non-transferable, non-sublicensable right to use the Services to the agreed extent for the term of the agreement.

Modification, reverse engineering, decompilation, or circumvention of technical protection measures is permitted only to the extent mandatory law allows. Sharing access data, API keys, or software components with unauthorized third parties is prohibited.

The Customer shall provide information, interfaces, test data, and timely approvals required for performance. Delays due to lack of cooperation do not count against the Provider and may be billed separately if announced in advance.

The Customer shall comply with applicable law — in particular data protection, telecommunications, and copyright law — when using the Services and shall not infringe third-party rights.

Unless stated otherwise, prices are exclusive of statutory VAT. Payment terms and methods follow from the invoice or offer.

In case of default, the Provider may charge statutory default interest and reasonable reminder fees and, after prior notice, suspend performance until overdue amounts are paid.

Uninterrupted availability of online Services is not owed. Planned maintenance will be announced where possible. Disruptions outside the Provider's control (force majeure, third-party outages, network failures) do not entitle the Customer to a reduction unless a higher service level was expressly agreed.

Processing of personal data is governed by the privacy policy at https://rundelta.dev/privacy and — where processing is commissioned — by statutory requirements and any separate data processing agreement.

Confidential information must be kept secret and used only for contract performance. The obligation continues after the end of the contract where not precluded by mandatory law.

The Customer's warranty rights follow statutory provisions for the respective contract type, unless stated otherwise below. Because only entrepreneurs are contractual partners, the limitation period for warranty claims is one year from the statutory commencement of limitation, unless the Provider acted fraudulently or granted a guarantee.

Defects must be notified promptly in writing or by email. Remedy shall take precedence over reduction or withdrawal where reasonable for the Customer.

The Provider has unlimited liability for damage resulting from injury to life, body, or health, for damage caused intentionally or with gross negligence, and under the German Product Liability Act.

In case of simple negligence in breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable, typical contractual damage; otherwise the Provider is not liable for simple negligence.

There is no liability for lost profits, missed savings, business interruption, or indirect damage in case of slight negligence, to the extent permitted by law — reflecting the usual allocation of risk in B2B software relationships.

The above limitations do not apply where the Provider has assumed a guarantee or mandatory law provides otherwise.

Term and notice periods follow from the respective offer or agreement. Unless otherwise agreed, either party may terminate ongoing subscriptions with the contractually agreed notice period.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of material breach of contract or repeated payment default after warning.

After the end of the contract, access credentials obtained by the Customer must be deleted or returned; data provided by the Customer will be deleted or handed over in accordance with contractual and statutory retention periods.

All rights in software, trademarks, text, graphics, and other protected subject matter remain with the Provider or the respective rights holders. No ownership in the software is transferred; the Customer receives only the right of use under Section 4.

The Provider may amend these Terms for the future if there is good cause (e.g. legal changes, extension of Services). The Customer will be informed in good time. If the Customer does not object within a stated period, the amended Terms are deemed accepted; the Customer will be expressly informed of this consequence. If the Customer objects, the Provider may terminate the contract when the changes take effect.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Both parties act in the exercise of their trade, business, or profession. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and the underlying B2B contracts is Wiesbaden, Hesse, to the extent permitted by law. The same applies if the Customer has no general place of jurisdiction in Germany or if domicile or habitual residence is unknown at the time an action is filed.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions shall be replaced by a legally permissible economically equivalent provision that best reflects the parties' intent.