akYtec GmbH, Vahrenwalder Str. 269 A, 30179 Hanover, Germany (Below: Provider)Preambel These General Terms and Conditions of akYtec GmbH, Vahrenwalder Str. 269 A, 30179 Hanover, Germany for Software as a Service (SaaS) (hereinafter referred to as GTC-SaaS) apply to the use of the SaaS applications offered by the provider by the provider's customers for a fee and for a limited period of time for the duration of this contract. The Provider's services are directed exclusively at business customers within the meaning of § 14 of the German Civil Code (BGB), i.e. natural or legal persons who, when concluding a SaaS contract incorporating these General Terms and Conditions, are acting in the exercise of their commercial or freelance professional activity (hereinafter referred to as the Customer). The customer's general terms and conditions shall not apply. These are hereby expressly rejected. This shall apply even if reference is made to the customer's general terms and conditions in the context of an order or in other documents of the customer and the provider does not expressly object in this case. § 1 Object of the contract (1) The Provider shall provide the Customer with cloud services including support in the form of an on-demand solution provided by the Provider and described in more detail in the order confirmation. The cloud services include, depending on the agreement: a. Infrastructure as a Service ("IaaS") comprises cloud-based access to storage, network components, servers and other IT resources in the cloud for the use of the customer's own platforms and software. b. Platform as a Service ("PaaS") includes access to a cloud-based environment for the development, management and provision of the customer's software and applications. It contains predefined development and customising tools. c. Software as a Service ("SaaS") comprises cloud-based access to software and applications provided by the provider. The customer accesses this via the web or APIs and does not have to install the software locally. This is done on a "subscription basis" (time-limited subscription). The SaaS service can contain on-premise components for operation in the customer’s company itself, which can be downloaded and installed by the customer along with their updates ("on-premise service"). (2) Subject matter of this contract is the use of the respective IaaS/PaaS/SaaS services ("Cloud Services") by the customer in their respective current version. (3) The cloud services are operated in a data centre used by the provider. (4) The current documentation is available in electronic form on the provider's website. It contains the service description applicable to the contractual cloud service. (5) The provision of consultancy or other services such as customisation or education may also be the subject of an agreement between the parties. (6) If cloud services are offered via mobile applications ("apps"), the use of the apps is subject to separate terms and conditions, which are agreed by the customer when downloading the mobile application. (7) The Cloud Services may contain links to third-party web services. These contractual provisions do not apply to such services that are not offered by the Provider but by third parties on their websites, even if this is done free of charge and/or registration with the Provider is required for their use. The General Terms and Conditions provided by the third party prior to utilisation of the third party services exclusively apply to these services. The Provider only provides technical access to these web services. § 2 Scope of services and delivery (1) The Provider shall make the contractual Cloud Service available at the transfer point and grant the Customer the corresponding rights of use in accordance with § 4 of this Agreement. The individual Cloud Services are defined in the order confirmation. The nature and functionality of the respective services are described in the relevant service descriptions and documentation, which can be accessed at here; here and here. (2) The Provider reserves the right to make reasonable changes to the services in order to be able to offer an optimum service at all times in the event of changes in technical standards, legal provisions or other external factors, or in order to achieve technical developments and improvements to the service, about which it will inform the customer by e-mail with reasonable notice before they come into effect. (3) System availability: The Provider shall maintain an average monthly system availability of at least 99% for the productive system of the Cloud Service. Non-availability due to maintenance services shall not be deemed an interruption to system availability. (4) Configuration/installation and training: The customer is responsible for setting up the cloud service (configuration/data migration, software installation for on-premise services). The Provider shall not be responsible for "customising" (adaptation and parameterisation) or reprogramming the Cloud Services according to the Customer's wishes. At the Customer's request, the Provider shall provide such services or training in accordance with the provider’s current price list. (5) Support: The Provider offers the following support services: a. Electronic consulting support during the provider's business hours (Mon-Fri, 9.00-17.00). b. Further developments (updates) or functional enhancements (upgrades) of the software. The Provider shall inform the customer of new updates and upgrades by e-mail. These are generally made available via the customer portal. c. Additional services may be requested by the customer. If the requested support services are not covered by the scope of support stipulated under these GTC-SaaS, the Provider shall be entitled to charge for the services provided in accordance with its current price list. (6) Maintenance: The Provider shall maintain the Services in a condition suitable for contractual use and shall carry out the necessary maintenance and repair work ("Maintenance"). The corresponding measures shall be carried out at regular maintenance intervals and when defects, faults or damage occur. The Provider shall preferably carry out maintenance work outside normal business hours (between 8 p.m. and 6 a.m.). Longer interruptions due to maintenance work shall be notified to the customer in good time. Maintenance times do not count as system availability downtimes. Maintenance services at the customer's premises may be carried out via remote access ("remote desktop sharing") and in this case will be agreed with the customer. (7) Trial versions: The Provider shall not provide support for free beta, test or preview versions of Cloud Services ("trial versions") that are labelled as free of charge and that are available with limited functionality or for a limited period of time. Furthermore, they are not subject to the Service Level Agreement (SLA), if applicable, or any warranty. The Provider may discontinue free trial versions at any time. (8) End of Life/EOL cancellation: a. The Provider shall not provide support for free beta, test or preview versions of Cloud Services ("trial versions") that are labelled as free of charge and that are available with limited functionality or for a limited period of time. Furthermore, they are not subject to the Service Level Agreement (SLA), if applicable, or any warranty. The Provider may discontinue free trial versions at any time. b. Should the EOL occur with the Provider's own software, the Provider shall notify the Customer of the EOL date by email with a notice period of at least six months. The announcement of the EOL shall be deemed to be an ordinary cancellation of support for the corresponding cloud service at the earliest possible date. c. In any case, the provider shall inform the customer in good time about options for updates or migration to the new SaaS service. § 3 Obligations of the customer (1) The client-side connection to the Internet is the responsibility of the customer. The customer is responsible for preventing unauthorised access to its facilities, systems and networks. Systems and components should only be connected to the customer’s network or the Internet if and insofar as this is necessary and suitable security measures (e.g. use of firewalls and network segmentation) are in place. (2) In the case of on-premise services, the customer must inform themselves about the key functional features of the cloud services and their technical requirements (i.e. database, operating system, hardware and data carriers). He is responsible for the proper installation and configuration of the software on his IT systems. The documentation contains the preconditions for the client-side IT environment and operating conditions that the customer must provide and maintain. At the Customer's request, the Provider shall support the Customer in the installation and configuration of the software against payment in accordance with its current price list and train the Customer and the Customer's authorised users (hereinafter "Authorised Users") in the use and operation of the software. During operation, the Customer shall take all appropriate technical measures for access control and system security in order to protect the Software and the Provider's documentation. (3) The customer is the owner of the customer-specific data fed in or produced using the SaaS. He is responsible for the content of his customer data and its recording in the Cloud Service. Software or data fed in by the customer may not infringe any third-party rights or contain any illegal content. The Customer shall check its data fed into the cloud for risks such as viruses, worms and Trojans and use state-of-the-art virus protection programmes. (4) The customer must keep the access data assigned to him or the users (passwords for authentication, e.g. "User ID" and password, etc.) secret, protect them from access by third parties and not pass them on to unauthorised users. The customer shall inform the provider immediately if there is any suspicion that this access data may have become known to unauthorised persons. (5) The customer must regularly create backup copies of all data that is generated, used and/or applied with the SaaS in order to enable its reconstruction in the event of data loss. (6) When using the software outside Germany, the customer must observe the export control laws of the country concerned and any export bans and authorisation requirements and, if necessary, coordinate the latter with the provider. § 4 Rights of use (1) Granting of licence: a. All rights to the Cloud Services - in particular copyright and other industrial property rights - are the exclusive property of the Provider or its licensors. b. During the term of these GTC-SaaS, the Provider shall grant the Customer the non-exclusive, non-transferable, non-sublicensable, territorially unlimited right to use the Cloud Service in it’s object code and the documentation for internal business operations in accordance with the contractual terms and conditions for the duration of the agreed term of the contract. The right of use allows the customer's Authorised Users to use the SaaS services and cloud services, in particular to configure and use the software and the interfaces of the software applications (API) within the contractually agreed scope of use and to download and install them in the case of on-premise services. c. The customer shall not be entitled to the transfer of source codes. The customer acknowledges that source codes constitute a trade secret within the meaning of the German Trade Secrets Act (GeschGehG). Any retranslation, in particular decompilation and reverse engineering of source codes, is only permitted in accordance with § 69e UrhG and only if the Provider has not taken the necessary steps to establish the interoperability of the software with other programmes after being requested to do so in at least text form within a reasonable period of time. d. The access data for the SaaS-Services or Cloud Services may not be used more than once or by more than one person at the same time. In particular, the use of the products provided within a network or a multi-station computer system is not permitted if this opens up the unlicensed possibility of simultaneous multiple use of the cloud services. If the customer wishes to make such use, he must prevent simultaneous multiple use by means of suitable protection mechanisms or acquire licences corresponding to the number of stations used. e. If the Provider provides new versions of the SaaS services or cloud services during the term of this contract, the licence granted for these shall apply accordingly. In the case of on-premise services, the customer's right to use the previous version of the software expires with the implementation of the new version for use on production systems. (2) Licence restrictions: Unless expressly agreed otherwise, the customer is not authorised to take the following actions: a. sub-licence, sell or otherwise make the Cloud Services available to third parties; b. combine the provider's software with its own "added value" ("value-add") to create a commercial solution; c. copy, decompile, disassemble, translate or reverse engineer the software in whole or in part or otherwise extract the source code or algorithms or procedures from the software, unless this is permitted by law (e.g. Section 69d UrhG), or circumvent technical restrictions in the software; d. modify or customise the Cloud Services or create derivative works from the Software; e. remove copyright notices, trademarks or other proprietary notices from the Cloud Services; f. use the Cloud Services in a manner that violates applicable law, in particular to transmit any information or data that is unlawful or infringes the intellectual property rights of third parties, or to use the Cloud Services in a manner that jeopardises the operation or security of the Cloud Service, such as compromising or violating the integrity or security of a network or system, bypassing filters, or sending viruses or malware codes. The Customer shall oblige its Authorised Users to comply with the provisions of this Agreement that apply to them. (3) The Customer shall be responsible for monitoring the use of the Cloud Service and shall immediately notify the Provider in writing of any use that exceeds the contractually agreed scope of use. In this case, the Customer shall be obliged to purchase corresponding licences on the basis of the Provider's price list valid at the time of purchase retroactively to the time of use in breach of the contract or to pay for the unauthorised period of use. The Provider is authorised to check the use of the contractual cloud services at least once a year and for justified reasons. This shall either be carried out using the Provider's corresponding review tools or, at the Provider's request, the Customer shall provide a self-disclosure. (4) Non-contractual or unlawful use: In the event of non-contractual or unlawful use of the Cloud Services by the Customer, the Provider may temporarily restrict or completely suspend access to the Cloud Service in accordance with the principle of reasonableness, in particular if an unauthorised user makes use of the Cloud Services and to prevent damage if the unlawful use could adversely affect the Cloud Service, other customers of the Provider or the rights of third parties. The Provider shall notify the customer immediately by email in advance of any such restriction or suspension, if appropriate. This shall apply accordingly to the blocking of interfaces (APIs) that the Provider makes available to the Customer for communication with third-party software. (5) Subcontractors: The Customer shall grant the Provider and its subcontractors the non-exclusive right to use the data and/or customer software fed into the cloud by the Customer, exclusively and only to the extent necessary for the purpose of providing the cloud services, in particular for the creation of backup copies, for carrying out support measures and application security tests that are necessary in the context of information security. (6) When feeding its own software into the cloud platform, the Customer shall ensure that it has obtained the corresponding reproduction rights from the licensor of this software for use within a cloud service. The Customer shall indemnify the Provider against all third-party claims based on the data fed into the cloud and stored there by the Customer and shall reimburse the Provider for all necessary costs incurred by the Provider due to possible infringements of rights. § 4.1 Special usage restrictions for LoRaWAN-based cloud services (1) The following guidelines apply to devices using LoRaWAN Public Network Servers to ensure the highest performance for all users on the network. a. Fixed devices should use ADR (Architecture Decision Records). Whenever possible, the customer must favour the OTAA join procedure over the ABP procedure in order to ensure the correct frequency usage (channel plan) and device address. b. The maximum number of uplink messages per device is 480 within 24 hours, starting at 0:00 local time. The maximum number of downlink messages is 24 within 24 hours, starting at 0:00 local time. System messages are not included in the above calculation. c. The repetition of a message with the same uplink counter is not permitted. In this respect, the customer must use the setting NBTRANS=1. d. The sending of acknowledged messages in both the uplink and downlink directions should be avoided as far as possible. (2) The Provider reserves the right to block devices that violate local legal regulations or grossly violate the guidelines of this § 4.1. (3) If a device violates this § 4.1, the Provider will inform the associated customer by e-mail and request that the device be operated within the parameters defined above. If this is not done within a reasonable timeframe, the device may be suspended from the network until it is reconfigured. (4) Test devices can be allowed an exception if the provider is informed in advance that such devices will be operated in the network and grants written authorisation. § 5 Data migration (1) During the term of the cloud service, the customer has the option at any time to access the data they have entered or generated using the SaaS, extract it and export it in a standard format. The Provider shall make certain extraction tools available on the cloud platform for this purpose. Retrieval and export may be subject to technical preconditions and restrictions, which are described in the documentation. If necessary, the Provider and Customer may agree on a specific method for accessing and exporting the data by the Customer. (2) At the end of the contract, the Provider shall offer to make the content stored on the storage space intended for the Customer available to the Customer on a data carrier for a period of one month after termination before deletion. If the customer does not take up this offer, the Provider shall delete or overwrite the customer data remaining on the cloud servers, unless their retention is required by applicable law. The retained data shall be subject to the agreed confidentiality rules. § 6 Remuneration (1) The customer pays the agreed remuneration to the provider, depending on the chosen remuneration model an annual "subscription fee" or monthly billing according to usage units ("pay per use"). The subscription fee is due in advance at the start of the contract for the basic term and thereafter at the start of each renewal term; the monthly pay per use fee is due monthly in advance. An increase in the booked usage units ("upgrade") is possible at any time, a reduction ("downgrade") is only possible with effect from the end of the basic term or a renewal term. Irrespective of the effective date of the upgrade, the term corresponds to the remaining current term and the remuneration is calculated accordingly on a pro rata basis. For additional services requested by the customer and provided by the Provider, the Provider's current price list shall apply. (2) Payment terms for one-off or individual services are agreed with customers individually in the offer/order confirmation. All prices are subject to the applicable statutory VAT (3) Unless otherwise agreed, invoices shall be sent electronically. The customer must ensure that the e-mail address provided by him is always available and that he regularly checks his e-mails. Invoices sent by e-mail shall be deemed to have been delivered. The customer is obliged to inform the Provider in writing within three days of becoming aware of any change of address, e-mail address or tax number (in particular VAT identification number). (4) The customer must raise objections to invoices within five working days of the invoice being issued, at least in text form. Later complaints will not be recognised. (5) If the Customer is in arrears with a payment, interest on arrears shall be charged at a rate of 8% above the base rate of the European Central Bank. The Provider may deny access to the Cloud Service, with payment of which the Customer is in default, after the fruitless expiry of a reasonable grace period, until payment has been made. Further rights of the Provider shall remain unaffected. (6) The Provider retains sole ownership of all delivered work results generated in the cloud until receipt of full payment owed by the Customer. (7) The agreed remuneration shall apply for the minimum term agreed on in the order confirmation. After expiry of the minimum term or the respective extension term, the Provider may increase the remuneration with a notice period of two months with effect from the beginning of the next contract term by means of a written declaration of adjustment to the customer. After receipt of the notice of adjustment, the customer may terminate the contract with effect from the end of the current contract term (one-month notice period, see Section VII. 1.). If the customer does not terminate the contract at the end of the current contract term, the amended remuneration shall be deemed to have been agreed from the new (extended) contract period. The Provider shall point this out in the adjustment declaration. (8) The customer may only deduct payments against undisputed or legally established claims and may only base a right of retention on undisputed or legally established claims. § 7 Term, cancellation (1) The minimum term and the renewal term of the respective cloud service can be found in the order confirmation. The contract shall initially run for the minimum term agreed therein. After expiry of the minimum term, the contract shall be automatically extended by the contractually agreed extension term unless it is cancelled by one of the parties with one month's notice to the end of the respective minimum or extension term. (2) Extraordinary cancellation remains unaffected. Cancellations must at least be in text form to be effective. (3) The customer's right to use the respective cloud service and thus their ability to access it shall end at the end of the contract. Section 5 (2) shall apply. § 8 Warranty, force majeure (1) The Provider warrants that the Cloud Service fulfils the specifications agreed in the documentation during its term and does not infringe any third-party rights when used by the Customer in accordance with the contract. The description in the documentation is conclusively authoritative for the quality of the functionality of the cloud services. The Provider does not owe any further quality. (2) The Provider issues no guarantee that the Cloud Service is suitable for the Customer's business processes. The Customer shall be responsible for ensuring that the ordered service is suitable for its application purposes. (3) The customer is obliged to notify the provider of any defect immediately in writing, giving a detailed description of the defect. (4) The precondition for statutory claims for defects is that the suitability of the Cloud Service for contractual use is more than just insignificantly reduced. The Provider shall remedy a defect within a reasonable period of time. The Provider shall be entitled to circumvent the defect by means of a workaround solution if the cause of the defect itself can only be eliminated with disproportionate effort, the usability of the service is ensured and the solution is reasonable for the Customer. (5) Insofar as service disruptions and remedial measures are defined in an SLA, the respective remedial measures are conclusively defined for the affected service disruption. If service levels are not applicable to the affected service disruption, the warranty shall be governed by the statutory provisions, unless otherwise agreed below. (6) Strict liability for defects already existing at the time of conclusion of the contract pursuant to Section 536a (1) Alt. 1 BGB is excluded, except in the case of fraudulent concealment of the defect by the Provider. Claims due to such defects that are based on use under non-agreed operating conditions or a non-agreed system environment are also excluded. (7) Disruptions caused by a. improper or non-contractual or unlawful use or modification of the software and cloud services; b. failure to install updates; c. customer-side malware or viruses; d. Third-party software or hardware or failure to maintain the same under the customer's responsibility; or e. add-ons do not constitute a defect. They can be removed by the provider at the customer's request in accordance with the current price list, provided this is technically possible. (8) Provider shall not be responsible for any delay or failure to perform any obligation under this Agreement due to unforeseeable events occurring after the effective date of this Agreement that are beyond its reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters and epidemics ("Force Majeure"), if Provider is unable to prevent or remedy the Force Majeure at reasonable cost. In this case, the parties shall be released from their mutual performance obligations with regard to the affected part of the service for the duration of the Force Majeure, including a reasonable start-up phase. Binding deadlines shall be postponed accordingly. § 9 Subcontractors The Provider is permitted to use subcontractors to fulfil the contract. If personal data of the customer is processed by a subcontractor on behalf of the customer, the use shall be governed by the contract concluded between the customer and the provider for order processing. § 10 Third-party property rights (1) Indemnification: Third-party property rights in this sense are only those to which the third party is entitled in the country of the place of delivery (location); in the case of software services, the recipient countries of the contractual use, if applicable. The Provider shall indemnify, defend and hold the Customer harmless against any claim for infringement of property rights. The customer shall a. inform the Provider immediately in writing of any such claim; b. allow the Provider to control the defence and all related settlement negotiations; and c. provide the Provider with such information and assistance as is necessary for the defence or settlement of the claim. (2) Exceptions: The Provider is not liable for claims due to infringements of property rights due to or as a result of a. unauthorised use, reproduction or distribution of the software; b. Modification of the software without the consent of the provider; c. Use of the software together with other system components that are not provided by the provider or approved as a suitable system environment in the documentation; d. Use of an older version of the software, provided that use of the update would have avoided the claim and the update was provided free of charge; or e. Linking with components from third parties, if the cause of the property right infringement. (3) Remedies: In the event or at the Provider's discretion of a possible claim of infringement, the Provider may, at its option and expense, either: a. provide the customer with the right of use necessary for the contractual use of the software; b. replace or modify the Software so that it no longer infringes any rights and retains substantially the same functions; or c. to the extent that the aforementioned remedies under a. and b. cannot be obtained from the Provider in a reasonable manner, terminate the licences for the software concerned and reimburse the Customer for the proportionate Subscription Fee already paid. § 11 Data protection (1) The Provider, as the controller, fulfils its data protection information obligations by providing its data protection information. The details of the processing of personal data are described in the provider's data protection information, available at here. It can also be requested as a digital document or in paper form by email, telephone or post using the details provided in the legal notice. (2) Both contracting parties shall comply with the applicable data protection regulations, in particular by obliging the employees deployed in connection with the contract to maintain confidentiality. The parties shall take all technical and organisational measures necessary to ensure data protection and data security in their area of responsibility. (3) If the Provider processes the Customer's personal data on behalf of the Customer as part of the Cloud Services, it is a processor within the meaning of Art. 4 No. 8 GDPR. In this case, the contracting parties shall conclude a separate contract for commissioned processing in accordance with Art. 28 GDPR, Section 62 BDSG. As a data processor, the Provider shall take appropriate technical and organisational measures to ensure the security of the processing of personal data in the Cloud Service in accordance with applicable data protection law. § 12 Liability (1) The Provider shall be liable without limitation for damage caused by it, including its legal representatives or vicarious agents, intentionally or through gross negligence, in the event of malice, non-compliance with an assumed guarantee, due to culpable injury to life, limb or health, and in accordance with the Product Liability Act. (2) Otherwise, the provider is liable as follows: a. In the event of a slightly negligent breach of duty, the Provider shall only be liable in the event of a breach of material contractual obligations and only to the extent that the damage was foreseeable and damage of this kind could typically be expected, to the extent specified under b. below. Material contractual obligations are those whose observance is a necessary precondition for the performance of the contract, or whose breach jeopardises the achievement of the purpose of the contract and the contractual partner could justifiably rely on compliance with the obligation concerned. b. The parties agree that the foreseeable damage typical for the contract corresponds to half of the annual remuneration for the Cloud Service. Liability for other indirect or consequential damages and loss of profit is excluded. Any contributory negligence on the part of the customer shall be offset against the amount of any claim for damages. c. In the event of data loss caused by negligence, the Provider shall only be liable for the typical recovery effort that would have been required for recovery if the customer had backed up the data regularly and in accordance with the risks involved. d. The customer may only assert a reduction in price in the case of undisputed or legally established claims, whereby overpaid amounts can be reclaimed from the provider on the basis of the undisputed or established reduction in price in accordance with the general law of enrichment. Section 814 BGB applies to amounts not paid under reservation. (3) If the Provider uses software systems or components from other manufacturers or open source software (hereinafter "third-party software"), it shall not be liable to the Customer for the quality, security gaps or errors of this third-party software, notwithstanding paragraph 2. § 13 Confidentiality (1) Insofar as the contracting parties make business secrets available to each other for the fulfilment of the purpose of the contract, each party undertakes to treat all business secrets of which it gains indirect or direct knowledge as strictly confidential for an unlimited period of time and to use them only for the purpose of implementing this contract. (2) The business secrets may only be disclosed to those persons who require access to the business secrets in order to fulfil the purpose of the contract and the disclosing party shall impose the confidentiality provisions set out in this § 13 on them. Each of the contracting parties shall immediately notify the other party in writing of the loss or unauthorised disclosure of confidential information. This shall also apply in the event of robbery, burglary, theft and similar incidents. (3) Each party shall take appropriate technical security measures in accordance with the current state of the art to protect the trade secrets and shall secure them against unauthorised access or misuse by third parties and against loss by means of appropriate and suitable confidentiality and protective measures and shall refrain from commercially exploiting or reproducing the trade secrets itself or through third parties, in particular from reverse engineering or reverse translation, for example by decompiling or reverse engineering. § 14 Final provisions (1) Collateral agreements, amendments, supplements and the cancellation of the contract by mutual agreement must be made in writing. This shall also apply to any amendment to this written form clause. Unilateral declarations or notifications by the customer requiring receipt must only be made in text form, unless the applicable law prescribes a stricter form for the individual case. (2) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. (3) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is Hanover, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. (4) Should a provision of this contract be invalid in whole or in part or become invalid after conclusion of the contract, this shall not affect the validity of the remaining provisions. Otherwise, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence or is possible. The same applies in the event of a loophole. (5) Only the German text of the contract is binding, the English translation is for information purposes only.