Terms and Conditions
Terms for the supply of the AnaGraph software and related services. They apply to businesses and public-sector customers.
Version: [PLACEHOLDER: date of legal approval — still to be established] · draft of 16 August 2026
§ 1 Scope, contracting party
(1) These terms and conditions apply to all contracts for the supply of the AnaGraph software and related services between STATCON GmbH, Universitätsplatz 12, 34127 Kassel, Germany (the “Provider”) and its customers (the “Customer”).
(2) The Provider concludes contracts exclusively with businesses within the meaning of § 14 of the German Civil Code (BGB), with legal entities under public law and with special funds under public law. No contract is concluded with consumers within the meaning of § 13 BGB. On ordering, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity.
(3) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to their application in text form. This applies even where the Provider renders performance without reservation in the knowledge of such terms.
(4) Sales may be made through authorised partners. If the Customer purchases from a partner, the contract is concluded with that partner on that partner's terms; even then the rights of use in the software are governed by § 4 of these terms and by the end user licence agreement.
(5) Relationship to the Provider's general terms. The Provider also maintains general terms and conditions for its other services. For contracts concerning AnaGraph, these product terms take precedence; in all other respects the general terms apply in addition. [PLACEHOLDER: order of precedence against the existing STATCON general terms — still to be decided and confirmed by a lawyer. Those terms name a different place of jurisdiction and a liability cap.]
§ 2 Formation of contract
(1) The presentation of the software on this website does not constitute a binding offer but an invitation to submit an offer. Prices are not published on this website (§ 6).
(2) The Customer requests a quotation; the Provider issues it in text form. The contract is concluded when the Customer accepts the quotation in text form, or places an order which the Provider confirms in text form or fulfils by supplying the licence.
(3) Unless stated otherwise in the quotation, the Provider's quotations are valid for 30 days from the date of issue.
§ 3 Subject matter of the contract
(1) The subject matter of the contract is the supply of the AnaGraph software in the agreed licence form together with the associated documentation in electronic form. AnaGraph is supplied as an application to be installed locally; the Provider does not owe the operation of the software on the Customer's behalf.
(2) The agreed quality is determined conclusively by the description of services on this website, by the quotation and by the product documentation in the version valid at the time the contract is concluded. Public statements, promotional claims or advertising do not constitute a statement of quality.
(3) No assurance of any particular working result. AnaGraph is a tool for statistical analysis and for producing figures. The choice of method, the assessment of the input data and the evaluation of the results are the Customer's responsibility.
(4) Use in regulated environments. The Provider gives no assurance of conformity with any particular regulation or guideline. Qualification and validation in the Customer's specific environment — in particular responsibilities, standard operating procedures and acceptance — remain with the Customer. The scope of any supporting documentation provided by the Provider requires a separate agreement.
§ 4 Licence scope and rights of use
(1) The details of the right of use are set out in the end user licence agreement (EULA), which forms part of the contract. In the event of any conflict between these terms and the end user licence agreement, these terms prevail.
(2) For the agreed term, the Customer receives a simple, non-exclusive, non-transferable right to use the software within the agreed scope.
(3) AnaGraph is supplied as a named user licence. A named user licence entitles one named natural person to use the software. The named person may install the software on several devices assigned to them, provided that use is not concurrent. Alternating or shared use by several persons is not permitted; a workstation is not a licence unit.
(4) The named person may be changed if they permanently leave or if their role changes permanently. The change must be notified to the Provider in text form. A change for the purpose of alternating use is excluded.
(5) Several licences may be combined in one contract; the number of named persons follows from the quotation. Other licence forms — such as concurrent-use licences, licences for teaching and training, or licences for unattended operation on servers — require a separate agreement.
(6) The Customer may not rent out, lease, provide to third parties by way of application service providing, or sublicense the software.
(7) Reverse engineering, decompilation and disassembly are permitted only within the limits of § 69e of the German Copyright Act (UrhG). Copyright notices and licence notices may not be removed or altered.
(8) Transferring the licence to third parties requires the Provider's prior consent in text form; mandatory statutory principles of exhaustion remain unaffected.
§ 5 Trial
(1) The Provider makes a time-limited trial version available free of charge. It can be started from within the program and covers the full feature set.
(2) The trial period runs for [PLACEHOLDER: length of the trial in days — still to be decided] from activation, unless otherwise agreed in the quotation.
(3) The trial version serves solely to evaluate the software; use for productive or regulatory purposes is not permitted.
(4) For the free trial version the Provider is liable only in accordance with § 11 (4). There is no entitlement to the provision, extension or repetition of a trial period.
§ 6 Prices, payment, taxes
(1) There is no published price list for AnaGraph. The remuneration follows from the Provider's respective quotation; the quotation valid at the time of conclusion of the contract governs.
(2) All prices are net in euros plus statutory value added tax at the applicable rate.
(3) For intra-Community supplies to businesses holding a valid VAT identification number, liability for the tax passes to the recipient under the applicable statutory provisions (reverse charge). The Customer must state its valid VAT ID when ordering; where the information given is incorrect, the Customer bears the resulting tax disadvantages.
(4) Payment is due without deduction upon conclusion of the contract unless otherwise agreed. Where payment is made against invoice, the payment term is 14 days from the invoice date. Orders against a purchase order number and by invoice are possible.
(5) If the Customer is in default, the Provider is entitled to charge default interest at the statutory rate and to suspend provision of the software and the licence for the duration of the default.
(6) The Customer may set off only against claims that are undisputed or have been established with final legal effect. The Customer has a right of retention only in respect of claims arising from the same contractual relationship.
§ 7 Provision and activation
(1) The software is supplied exclusively in electronic form. The Customer receives a means of obtaining it and a licence key at the e-mail address it has provided. There is no entitlement to a physical medium or printed materials.
(2) Use requires activation of the licence key. The details are set out in the end user licence agreement.
(3) The Customer must provide a deliverable e-mail address and ensure that messages from the Provider can be delivered.
(4) The system requirements follow from the product description. Compliance with them is the Customer's responsibility.
§ 8 Support
(1) Support is provided by e-mail in German and English for the term of a valid licence. It covers questions on installation, activation and the intended operation of the software.
(2) Scope, availability and response times: [PLACEHOLDER: support level — availability, response times, escalation; still to be decided. Promised response times are legally enforceable.]
(3) Support does not cover statistical consulting in individual cases, the choice of method, the assessment of input data or the interpretation of results. The Provider renders such services on the basis of a separate agreement.
(4) There is an entitlement to new program versions to the extent agreed in the quotation. Defect remedies under the warranty in § 10 remain unaffected.
§ 9 Term and termination
(1) The licence is granted for the term agreed in the quotation. Where a term licence is agreed, the term is twelve months from provision unless the quotation provides otherwise. Where a perpetual licence is agreed, the right of use does not end by lapse of time.
(2) There is no automatic renewal. On expiry of a term licence the right of use ends; a follow-on licence comes about only through a new order.
(3) The right to terminate for good cause remains unaffected. For the Provider, good cause exists in particular in the event of a material breach of § 4 or of the end user licence agreement.
(4) Notice of termination must be given in text form.
(5) On termination the Customer must cease use and delete any copies. Statutory and regulatory retention obligations of the Customer remain unaffected. The Provider gives no warranty as to the continued usability of project files, figures and reports created with the software beyond the end of the contract; files exported in open formats are not affected.
§ 10 Warranty claims
(1) The software is defective if it deviates other than insignificantly from the quality owed under § 3.
(2) The Customer must examine the software without undue delay after provision and notify apparent defects in text form without undue delay; § 377 of the German Commercial Code (HGB) remains unaffected.
(3) The Provider provides subsequent performance at its option by remedying the defect or by supplying a replacement. Providing a new program version or a reasonable workaround counts as remedying the defect.
(4) The limitation period for warranty claims is twelve months from provision. This does not apply in cases of intent, fraudulent concealment, claims under the German Product Liability Act, or injury to life, body or health; the statutory periods apply in those cases.
(5) There is no defect where the deviation results from use outside the system requirements, from modifications made by the Customer, from incorrect input data, or from a data basis unsuitable for the chosen method.
§ 11 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee, injury to life, body or health, and under the German Product Liability Act.
(2) In cases of ordinary negligence the Provider is liable only for breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
(3) Liability is otherwise excluded. This does not involve any change in the burden of proof to the Customer's detriment.
(4) For the free trial version the Provider is liable only for intent and gross negligence and in the cases covered by paragraph 1.
(5) Data backup. The Customer is responsible for backing up its data regularly. In the event of data loss the Provider is liable only for the effort that would have been required for restoration had the data been backed up properly.
(6) Use of results. The Provider is not liable for decisions the Customer bases on results produced by the software. § 3 (3) remains unaffected.
§ 12 Third-party industrial property rights
If claims are asserted against the Customer for infringement of third-party industrial property rights through contractual use of the software, the Customer must notify the Provider without undue delay and leave the conduct of the dispute to the Provider. At its option, the Provider will modify the software so that the right is no longer infringed, obtain a right of use for the Customer, or terminate the contract against reimbursement of the pro rata remuneration.
§ 13 Confidentiality
The parties shall treat confidential information of the other party obtained in the course of performing the contract as confidential and use it only for the purposes of the contract. This does not apply to information that is publicly known, was developed independently, or must be disclosed by law.
§ 14 Data protection
The processing of personal data when visiting this website is described in the privacy policy. AnaGraph is a locally installed application; the Customer's data remains on the Customer's systems and is not transmitted to the Provider. Processing in the context of licence activation is governed by the end user licence agreement.
§ 15 Export control
The Customer shall observe the applicable export and import regulations, in particular those of the European Union and the United States of America, and shall ensure that the software is not used or passed on in breach of embargo or sanctions provisions.
§ 16 Changes to these terms
For a contract already concluded, the terms incorporated at the time of conclusion apply. Changes for future contracts are reserved.
§ 17 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Kassel, Germany, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law. The Provider is also entitled to bring proceedings at the Customer's general place of jurisdiction. [PLACEHOLDER: settle the place of jurisdiction definitively — the existing STATCON general terms name Witzenhausen/Kassel. Both documents must say the same thing.]
(3) Amendments and supplements must be made in text form. This also applies to the waiver of this requirement of form.
(4) Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.
(5) These terms are available in German and English. The German version governs; the English version is provided for convenience.
Version
16 August 2026 — draft, not yet reviewed by a lawyer.