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Last updated: Feb 14, 2025
Thank you for choosing Packader Packmatic GmbH software. Please read the following terms of use (“Terms”) carefully as they provide the legal basis for your use of our services.
With Software-as-a-Service (SaaS) Packa, Packmatic GmbH offers customers a digital solution for packaging management, packaging purchasing optimization and ESG reporting. These conditions govern the use of these services by the customer.
services: Refers to all software applications offered by the provider, which are offered under the name Packa, and associated services.
customer: The organization that signed the order form provided by Packmatic GmbH and its users.
contract: The agreement between Packmatic GmbH and the customer for the use of the services, including these terms and any additional agreements.
Contract period: The operating time during which the services can be used.
user: Any employee or representative of the customer who is tasked with using the software.
3.1 Users must register to use the services.
3.2 The customer is responsible for keeping users' login details secure and preventing their use by unauthorised third parties.
3.3 Packmatic GmbH reserves the right to block or delete user accounts if there is a breach of these conditions.
4.1 The software is hosted on servers in Germany. Compliance with the General Data Protection Regulation (GDPR) is ensured.
4.2 Packmatic GmbH undertakes to protect all customer and business data in accordance with applicable data protection regulations and not to share it with third parties, unless required by law.
5.1 The customer may only use the services in accordance with applicable law and these terms and conditions.
5.2 It is prohibited to use the Services for illegal, harmful, or fraudulent purposes.
5.3 Packmatic GmbH may temporarily interrupt services for maintenance work.
6.1 The use of the services may incur fees set out in the order form.
6.2 Invoices must be paid within 14 days from the date of the invoice.
6.3 In the event of late payment, Packmatic GmbH is entitled to charge default interest and to restrict or suspend the services.
7.1 Packmatic GmbH is not liable for indirect, incidental or subsequent damage arising from the use of the services.
7.2 Packmatic GmbH's liability for direct damage is limited to the amount of the annual usage fees.
8.1 The contract comes into force upon acceptance by both parties and is valid for the term agreed in the order form.
8.2 Both parties may cancel the contract in writing with a notice period of three months before the end of the contract period.
8.3 The contract period is automatically extended by the initial contract period unless it is terminated in accordance with § 8.2.
8.4 In the event of a breach of contract, Packmatic GmbH may terminate the contract without notice.
9.1 All rights to the software and services remain with Packmatic GmbH.
9.2 The customer receives a non-exclusive, non-transferable right of use for the duration of the contract.
10.1 Packmatic GmbH reserves the right to change, improve or remove functions of the software.
10.2 Significant changes that significantly affect the customer's options of use will be notified to the customer in good time.
11.1 Within the agreed contract period, no adjustments to the terms of the contract are possible without the consent of both parties.
11.2 Packmatic GmbH may adjust the amount of the license fee upon expiry of any agreed contract period, as long as Packmatic GmbH informs the customer before the termination period in accordance with § 8.2 has expired. Adjustments to the amount of license fees are justified in writing by Packmatic GmbH and may be due, among other things, to economic factors or significant changes in the range of functions of the software. Should the customer raise no objections within two weeks of receipt of the written information and reasons, the amended conditions shall be deemed to have been agreed.
12.1 The customer is obliged to ensure that the use of the software meets the contractual and legal requirements.
12.2 The customer is responsible for providing and maintaining its technical infrastructure, insofar as this is necessary to access the services.
Packmatic GmbH is not liable for delays or failures caused by force majeure events, such as natural disasters, war, strikes, legal regulations or other unforeseeable events.
14.1 The customer may transfer his rights and obligations under this contract only with the written consent of Packmatic GmbH.
14.2 Packmatic GmbH is entitled to transfer this contract to affiliated companies.
15.1 Changes to these conditions will be notified to the customer in writing.
15.2 Should any provision of these terms and conditions be ineffective, the remaining provisions remain valid.
15.3 The contract is subject to German law. The place of jurisdiction is Berlin.
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