General Terms and Conditions

As of: 18 October 2026

1. Subject matter and scope

(1) These GTC govern the rights and obligations in connection with the use of the services of the provider Icarus Websites – Inh. Ralf Becker, Fabrikstraße 13A, 04178 Leipzig, Germany (hereinafter: Service Provider) and of the User in connection with the use of the software applications "Das Icarus Manifest" and "Icarus Rigging" (hereinafter individually or jointly: Service), which the Service Provider makes available as software-as-a-service via the internet.

(2) The Service Provider's performance essentially consists of granting the possibility of using the Service via the internet on servers within the Service Provider's sphere of control, to which the User receives access and rights of use to the extent necessary. When using the Service, the User can enter data and use various functions.

(3) A prerequisite for trouble-free use of the Service is a reliable, uninterrupted internet connection to the Service Provider's servers. It is the Customer's responsibility to establish this connection using their own device.

(4) Only the Service Provider's GTC apply. Conflicting terms of the User or terms deviating from these GTC are not recognised unless their validity has been expressly agreed to in writing. These GTC also apply if the Service Provider performs its services for the User without reservation in the knowledge of conflicting or deviating terms of the User.

2. Conclusion of the contract

(1) By submitting the booking form via the button "Zahlungspflichtig buchen" ("book subject to payment"), the User makes a binding offer to conclude a contract subject to charges. The User then receives an email with a confirmation link; by opening it, the User confirms the booking. The contract is concluded when the Service Provider provides the instance and sends the access details to the User by email. Alternatively, a contract may be concluded by signing an individual licence agreement.

(2) The User has the opportunity to print out the contract text from the website during the registration process and before the contract is concluded.

(3) The User has no entitlement to the conclusion of a contract. The Service Provider is free to reject any offer by a User to conclude a contract without giving reasons.

(4) By registering for a service offered on a website of the service provider, the User accepts the GTC as described below, including consent to the processing and disclosure of the User's personal data to the extent necessary for the provision of the Service and always in compliance with all data protection law.

(5) In order to be able to use the Service, the User must fully agree to the privacy policy and the GTC. By accepting the GTC and the privacy policy, the User confirms that they have read and understood them.

(6) The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities and associations, not at consumers within the meaning of § 13 BGB. A prerequisite for registration is that the User has full legal capacity, is at least 18 years old and uses the services exclusively for their own business operations. Minors are prohibited from registering. In the case of a legal entity, registration must be carried out by a natural person with unlimited legal capacity who is authorised to represent it.

3. Services of the Service Provider

(1) The Service Provider provides Users with various services in the field of organising a skydiving operation, customer management, and billing and invoicing.

(2) The content and scope of the services are determined by the respective contractual agreements and otherwise exclusively by the functionalities of the service described on the Service Provider's website at the time the contract is concluded.

(3) On request, the Service Provider provides free demo access to a shared demo instance. The demo access is valid for 30 days and then ends automatically. The demo access does not give rise to a contractual relationship subject to charges. Irrespective of this, booking an own instance via the booking form is subject to charges from the conclusion of the contract.

(4) Only the respective User is entitled to the service. Making the user account available to third parties or otherwise granting third parties the possibility of use is prohibited and entitles the Service Provider to extraordinary termination.

(5) The initial setup comprises the transfer of existing master data, an introduction and a training session. It is charged once per contract.

4. Obligations of the Users

(1) The User is obliged to provide truthful information about their person or their company in the course of using the Service.

(2) When using the Service, the User is obliged to comply with the applicable laws and to refrain from any activity that is likely to impair and/or excessively burden the operation of the Service or the underlying technical infrastructure.

(3) The User is not entitled to pass on their login details to third parties. The User is obliged to handle their login details with care and to prevent misuse of the login details by third parties.

(4) The User alone is responsible for complying with their retention obligations, in particular, but not limited to, those under § 147 AO (German Fiscal Code) or the UStG (German VAT Act). The User ensures that their records and data are retained lawfully, where necessary, and that the tax authorities are granted the necessary access to them.

5. Term of the contract

(1) The contract term is 12 months from the conclusion of the contract. It is extended by a further 12 months in each case unless one party gives notice of termination in compliance with the notice period set out in § 7 (1).

(2) The demo access pursuant to § 3 (3) ends automatically. Notice of termination is not required.

6. Prices and terms of payment, suspension, account deletion, price adjustments

(1) The Service Provider offers its services in various variants subject to charges. The prices stated on the booking page at the time of booking apply. The prices are net prices plus statutory VAT, where applicable. As long as the Service Provider applies the small business regulation pursuant to § 19 UStG, no VAT is charged.

(2) The usage fee is invoiced annually in advance and is payable by bank transfer. The first invoice comprises the setup fee and the fee for the first 12 months. The Service Provider reserves the right to introduce the option of subscriptions with different contract terms (e.g. quarterly) or to introduce similar services that use other billing models (e.g. usage-based).

(3) Invoices are payable without deduction within 30 days of the invoice date.

(4) Monthly or annual fees are not refunded in the event of early termination by the User. In the event of termination of the contract, the product version may be used to its full extent until the end of the contract term.

(5) If the account is deleted by the User before the end of the contract, access is no longer possible. In this case, and also if a new account is created, any remaining terms cannot be refunded or credited to a new account. The non-refund of remaining amounts also applies in the event of lawful extraordinary termination by the Service Provider due to use of the services in breach of contract.

(6) The User agrees that email (using an email address provided by the User) is used as a means of sending invoices and payment reminders.

(7) If the User switches to a higher package during the term, the fee for the new package applies from the day of the switch; the difference is charged pro rata for the remaining term. The contract term remains unchanged; no new setup fee is charged. A switch to a smaller package is only possible at the end of the respective term; no refund is made.

7. Termination of the contract

(1) The contract may be terminated by either party with a notice period of 30 days to the end of the respective term. Notice of termination must be given in text form; an email to info@icarus-manifest.de is sufficient.

(2) The right of each party to extraordinary termination remains unaffected.

(3) The Service Provider reserves the right to delete customer data after termination of the contract, irrespective of the reason for termination, and is not obliged to retain customer data after this point in time. After termination of the contract, the Service Provider retains only the data required, for the minimum period, in order to comply with relevant legal provisions.

(4) The Service Provider assures that it will always and at all times act in accordance with the General Data Protection Regulation (GDPR) and all data protection requirements.

8. Warranty, availability of services

(1) With regard to granting the possibility of using the software of the Service used by the service provider to provide its services, the warranty provisions of the law on rental agreements (§§ 535 et seq. BGB) apply. Strict liability pursuant to § 536a (1) alt. 1 BGB is excluded. A warranty period of one year applies, unless the service provider has fraudulently concealed a defect.

(2) Within its area of responsibility, the Service Provider ensures an availability of 98 % on an annual average. The regular maintenance windows, which may amount to up to 4 hours each week and are scheduled in coordination with the User's usage times, are not included in the calculation of availability.

(3) The Service Provider assumes no responsibility for the functionality of the software where outages or malfunctions are the responsibility of a hosting or infrastructure service provider engaged by the Service Provider.

9. Rights of use

(1) For the term of this contract, the Service Provider grants the User a simple (non-exclusive), territorially unrestricted, non-transferable, non-sublicensable and personal right to use the software of the Service used by the service provider to provide its services as intended and in accordance with these General Terms and Conditions.

(2) The Service Provider makes the Service available to the User within a tenant-specific instance. The instance is set up automatically after the contract is concluded; the User creates further users themselves via the user management. The Service Provider is the operator and administrator of the instance; the users receive restricted rights of use.

(3) The User is entitled to access the software of the Service, which is operated on the IT systems used by the Service Provider, in order to process their data there.

(4) The User may use the software of the Service only for their own business purposes and only through their own staff.

(5) No intellectual property is transferred to the User. The Service Provider remains the owner of the software of the Service and the operator of the instance. Users receive restricted rights of use with which they can use the Service to its full extent, but cannot change any structures, design elements or designations. Likewise, access to the source code and extraction of the software are not possible.

(6) The Service Provider is not obliged to provide the User with the source code of the software.

(7) The system is protected by copyright and remains the full intellectual property of the Service Provider.

10. Data protection

(1) The Service Provider ensures that personal data of Users is only collected, stored and processed to the extent necessary for the contractual provision of services and permitted by statutory provisions or ordered by the legislator. The Service Provider will treat personal data confidentially and in accordance with the provisions of applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfilment of contractual obligations and/or there is a legal obligation to transfer it to third parties.

(2) In order to ensure traceable processing of the data, the creation, modification and deletion of data is logged together with the user name and the processing date.

(3) Use of the Service may require the Service Provider to process personal data on behalf of the user. For this purpose, the parties conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, which is concluded during the booking process. The parties confirm that the Customer is the controller for all data that it uploads to the Service and that it can correct or delete this data where necessary. In this respect, the Service Provider is a processor, processing the data on behalf of the Customer.

(4) The Customer confirms that it is authorised to instruct the Service Provider to process such data and that all instructions will be lawful.

(5) The Service Provider will only process customer data in accordance with the Customer's instructions and not for its own unauthorised purposes.

(6) As between the parties, all data that the Customer makes available to the Service Provider or the application belongs to the Customer. The application allows the Customer to export records and data stored by the application, and the Customer agrees to export all data before the end of the subscription.

(7) The Service Provider shares information on data processing only to the extent necessary to provide the services to the Customer, or where the Service Provider is obliged to do so by a court or authority, and in that case only to the extent necessary.

(8) The Service Provider will treat as confidential all confidential information of the Customer that the Customer passes on to the Service Provider, unless this information has become public by means other than a breach of this provision, or the Service Provider has received this information from a third party who is not obliged to treat it confidentially, or the publication of the information is required by an authority or a court of competent jurisdiction, and in that case only to the extent necessary.

(9) The Service Provider will take all necessary technical and organisational security precautions to ensure that all customer data can be processed securely, to prevent system information from being accidentally or illegally destroyed, lost or used, and to prevent such information from falling into the hands of an unauthorised party. The Service Provider will comply with all of its obligations as a processor under all applicable data protection laws and is guided in particular by the General Data Protection Regulation.

(10) Where data protection declarations of consent are obtained from the User in the course of using the Service Provider's service, it is pointed out that the User may revoke them at any time.

(11) In all other respects, reference is made to the privacy policy, available at icarus-manifest.de/datenschutz.

11. Changes to services

(1) The Service Provider regularly adapts the services it provides on the internet, at its own discretion, to technological developments and market needs in order to fulfil the intended purpose in accordance with the product description. This may involve changes to the content of the services, such as new or modified functionalities, and adaptations to new technologies. However, the changes will not result in restrictions of the functionalities stated in the product description that are more than insignificant for the normal user. As these changes are inherent in the nature of the solution, the User cannot derive any rights or claims from them.

(2) The Service Provider is also entitled to make new services available against payment and to discontinue the provision of free services. Furthermore, the Service Provider may extend paid services with services subject to charges. When changing services subject to charges, the Service Provider will take particular account of the legitimate interests of the Users and announce such changes in good time.

12. Limitations of liability

(1) Claims for damages due to breaches of contract and tort can only be asserted in the event of intent or gross negligence on the part of the Service Provider and/or its vicarious agents. The above exclusion of liability does not apply to the breach of essential contractual obligations (cardinal obligations).

(2) Likewise, the Service Provider's liability for personal injury and on the basis of mandatory statutory provisions remains unaffected.

(3) For free services, there is no liability of the Service Provider beyond that set out in paragraphs 1 and 2.

(4) The Service Provider is not responsible for disruptions of performance due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the Customer cannot claim a reduction of its own obligation to perform.

(5) The Service Provider is not liable for the information published via its services. The sender is responsible for its accuracy, completeness and timeliness.

(6) The Service Provider is not liable for restrictions in the usability of the software and any resulting damage if the cause lies within the responsibility of a hosting or infrastructure service provider engaged by the Service Provider, in particular in the event of a failure of that provider’s servers.

(7) The service provider is not liable for the loss of data insofar as the damage is due to the User having failed to comply with their statutory retention obligations (see Section 4 (4) of these General Terms and Conditions) and the lost data therefore cannot be restored with reasonable effort.

(8) The Service Provider is not liable for damage that may arise on the customer's side due to inadequate security precautions in data transmission.

(9) Any obligation to pay damages is limited to the amount of the annual fee. Liability for damage resulting from data loss is limited to the amount that would have been incurred with proper data backup, but in no case more than the amount of the annual fee.

(10) The Customer's claims for damages become time-barred one year after they arise, without prejudice to § 202 BGB. This shortening of the limitation period does not apply if the Service Provider has acted with gross negligence or intent.

(11) Liability under the German Product Liability Act remains unaffected.

13. Changes to the terms and conditions

(1) The Service Provider reserves the right to amend these GTC at any time with effect also within existing contractual relationships, provided that, taking into account the interests of the Service Provider, the amendment is reasonable for the User; this is in particular the case if the amendment entails no significant legal or economic disadvantages for the User, e.g. in the case of changes in the registration process or changes of contact information.

(2) The Service Provider will inform registered Users of all other changes to the GTC at least 6 weeks before the planned start of the changes. The changes will be communicated to the User by email. If the User does not object within 6 weeks of receipt of the notification, the user agreement will be continued under the amended terms when the changes take effect. In the notification of changes, the Service Provider will inform the User of their right to object and of the consequences of an objection. In the event of an objection, the Service Provider is entitled to terminate the contractual relationship with the User as of the planned entry into force of the changes.

14. Final provisions

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

(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the registered office of the Service Provider is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

(3) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(4) These GTC are drawn up in German. Translations into other languages are provided for information purposes only; in the event of any discrepancy, only the German version shall be authoritative.