GENERAL TERMS AND CONDITIONS (GTC) OF KOMBO MEDICAL SOLUTIONS UG (LIMITED LIABILITY)
Part A – Introductory provisions
1 General | Scope of application
1.1 These General Terms and Conditions (“GTC”) apply to all contracts between KOMBO medical solutions UG (haftungsbeschränkt), Brunnenkamp 1, D-38642 Goslar (“Kombo”) and users of the services provided by Kombo who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (“end customers”).
1.2 These GTC apply to and become part of all contracts agreed between Kombo and the end customer. are agreed.
1.3 These GTC shall also apply to future contracts between Kombo and the end customer, without it being necessary in individual cases to requires a corresponding reference by Kombo. These GTC are deemed to have been accepted by the end customer at the latest when confirmed when the end customer makes use of Kombo’s services.
1.4 These GTC apply to the exclusion of all other terms and conditions. Deviating, contradictory or supplementary General terms and conditions of the end customer shall only become part of the contract if Kombo has has agreed to them in writing.
1.5 Insofar as the terms ‘in writing’, ‘in written form’ or similar are used in these General Terms and Conditions, they refer to this to the written form within the meaning of § 126 BGB. The electronic exchange of copies of handwritten signed documents as well as documents with a simple electronic signature (such as with the help of DocuSign or Adobe Sign) is sufficient in this respect. Unless expressly stated otherwise in these GTC otherwise, the exchange of simple e-mails is not sufficient.
1.6 All notifications and declarations made by the end customer to Kombo must be made at least in text form within the meaning of in the sense of § 126b BGB (a simple e-mail is sufficient) or in a more stringent form, unless otherwise otherwise stipulated in these GTC in individual cases.
1.7 References in these GTC to the applicability of statutory provisions are for clarification purposes only. Consequently the statutory provisions shall apply even if such a clarification is not made, unless the statutory provisions are statutory provisions are supplemented or expressly excluded in these GTC.
1.8 For reasons of practicability, these General Terms and Conditions do not use the female, male and female pronouns simultaneously. The generic masculine is used in all references to persons. All personal designations apply equally to all genders.
Part B – Use of the platform
2. platform | services | registration | user contract
2.1 Kombo enables the end customer to use Kombo’s fee-based services via Kombo’s software platform (“Platform”). services of Kombo, which are described in more detail in Part C to E of these GTC (“Services”). Access to the Platform is free of charge for the end customer.
2.2 A prerequisite for using the services is that the end customer registers on the platform. To do so, the End Customer must enter certain data on the Platform, set a password of his choice in a registration form provided by Kombo online registration form provided online by Kombo and create a user account (“User Account”). After completing the registration, the end customer usually receives an e-mail from Kombo, which allows him to allowed to activate their user account. Kombo reserves the right to cancel registrations at its own discretion without to refuse for any reason. Upon activation of the user account, a contract is concluded between Kombo and the end customer. a binding contract for the use of the platform (“contract of use”).
2.3 The end customer is obliged to provide complete and accurate information when registering. The end customer is also obliged to keep his business-related data in his user account up to date. and is responsible for their correctness and completeness. The end customer is obliged to inform Kombo of any changes of such data without delay.
2.4 The end customer may create and maintain any number of user accounts for employees of its company. It shall ensure that user IDs and passwords that the end customer receives in the course of registration on the platform are stored, kept and used in a secure manner and that third parties do not have access to them. have access to them.
2.5 Kombo is entitled to engage subcontractors to fulfill its contractual obligations.
3. term and termination of the contract of use
3.1 The contract of use runs for an indefinite period. Either party may terminate the contract of use at any time subject to The customer may terminate the contract by giving the other party four weeks’ notice to the end of a calendar month.
3.2 The right of the parties to extraordinary termination of the contract of use without notice for good cause shall remain unaffected. An important reason entitling Kombo to such a termination exists in particular, if (a) the end customer seriously and/or continuously violates its obligations under these GTC and Kombo Kombo cannot reasonably be expected to continue the contractual relationship; (b) the end customer takes actions, in particular registers as a competitor with unfair intentions or takes other measures which Kombo’s business interests; and/or (c) the end customer is in breach of a contract with Kombo. amendment of these GTC in accordance with clause 17.2.
3.3 It is the end customer’s responsibility to ensure that the data that it continues to use after the end of the contract of use to download it to their own storage medium in good time before the end of the contract. Combo stores data of the end customer after the end of the contract of use only insofar as Kombo is obliged to do so due to tax, commercial or other legal regulations. In addition Kombo may continue to store the end customer’s data for a separate fee and subject to a separate agreement between the parties. agreement between the parties.
4. rights of use | restrictions of use
4.1 In accordance with the user agreement, Kombo grants the end customer for the duration of the user agreement a non-exclusive, non-transferable, non-sublicensable right to use the Platform for the purpose of of the services of Kombo. The platform is offered as currently available on the Website of Kombo described.
4.2 The End Customer shall not (and shall not permit any third party to) either directly or indirectly: (a) sublicense, transfer, distribute, share or otherwise derive revenue from the (a) sublicense, transfer, distribute, share or otherwise generate revenue from the Platform or any part thereof Platform; (b) copy or make available the Platform or any part thereof on any public or distributed network network; (c) modify, adapt, translate or create derivative works based on all or any part of the Platform. derivative works based on the Platform; (d) remove, alter or modify any proprietary rights notices appearing in the Platform (d) remove, alter, obscure or otherwise modify any proprietary rights notices appearing on the Platform or any part thereof; (e) use the Platform outside the scope of the license described in this Section 4; or (f) use the Platform use to (i) store, download or transmit infringing, defamatory or otherwise unlawful or unauthorized material or to store, download or transmit malicious code or malware; (ii) phishing, spamming, denial of service attacks or to engage in any other fraudulent or criminal activity; (iii) to violate the activities; (iii) interfere with the integrity or performance of any third party system or modify or alter the data contained therein; (iv) attempt to gain unauthorized access to the platform or the systems or networks of platform or Kombo’s systems or networks; or (v) conduct penetration testing, vulnerability assessments or other security assessments or to engage third parties to conduct them.
4.3 The end customer may not interfere with the operation of the platform and may not use the data accessible therein outside the contractually intended use.
4.4 Furthermore, the end customer may only use the platform as currently described on Kombo’s website website, including the section on frequently asked questions (FAQ).
5 Obligations of the end customer
5.1 The end customer is obliged to use the platform and services of Kombo only in full compliance with all applicable laws and applicable laws and regulations and for the purposes set out in the product description. The current version of the product description is available on the Platform and/or the websites of Kombo websites.
5.2 The end customer is obliged to provide technical devices and related additional services that are required for the user-side connection with, user access to or other use of the platform by the end customer. necessary to procure and maintain at their own expense. This applies in particular to Hardware, software, servers, operating systems, networks and mobile devices (collectively “Technical Equipment”). The current version of Kombo’s requirements for the Technical Equipment can be viewed on Kombo’s website. be viewed on the Kombo website.
5.3 The End Customer is solely responsible for the safety of the Technical Equipment and any use of the Technical Equipment known or unknown to the End Customer. or unknown use of the Technical Equipment.
5.4 The end customer is solely responsible for the data displayed, uploaded, stored, exchanged or transmitted by the end customer or its users via or with the help of the Platform displayed, uploaded, stored, exchanged or transmitted (collectively “User Data”) via or with the help of the Platform. responsible.
5.5 The end customer may not store any personal data of third parties, in particular health data, on the platform or transmit them to Kombo in any other way. Any personal data is to be stored by the anonymized or pseudonymized in accordance with data protection regulations before the platform is used. takes place.
5.6 Kombo is entitled, without prior notice and without liability, to investigate suspected breaches of the contract of use by the contract by the end customer and may take such legal and/or technical measures against the end customer and/or technical measures that Kombo deems appropriate to remedy such breaches. These measures include restricting, blocking or terminating the End Customer’s access to the platform. Further claims by Kombo, including claims for damages, remain unaffected. untouched.
5.7 In the event of unauthorized use of a password or the user account, any other known or suspected security breach or misuse of the known or suspected security breach or misuse of the platform, the end customer is obliged to Kombo of this immediately. The end customer is liable for any unauthorized use of the user account.
6. property rights | user data | security | no further obligations
6.1 Kombo and Kombo’s contractors, if any, are and shall remain the owners of all proprietary rights, including copyrights, database rights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical property and technical solutions in and relating to the Platform and all other intellectual property rights, software components provided by Kombo (“Kombo IP”). The end customer acknowledges that the software components provided under the rights granted to the end customer under the license agreement do not confer any ownership rights to the Combo IP. to the end customer.
6.2 The ownership of content and data that the end customer makes available to Kombo in connection with the use of the platform platform or use of the services of Kombo (“content”), as well as the responsibility for this shall remain with the end customer. The end customer grants Kombo a non-exclusive, non-transferable, sublicensable license, unlimited right (of use) in terms of territory and content to use the content and user data for the for the purposes of providing the platform and rendering the services. The end customer declares that he has sufficient rights to pass on the content and user data to Kombo.
6.3 Subject to the provisions in clause 16, Kombo is not responsible for the content and user data. The further dental use of the results provided by Kombo lies exclusively with the dental practitioner. Responsibility of the end customer. In particular, the end customer is solely responsible for checking the results before to check, verify and validate their use.
6.4 Kombo will take reasonable measures to ensure that the security of the Platform complies with market and industry standards. industry standards.
6.5 Kombo has the right to change the scope, functions and/or content of the Platform at any time and without notice. to update, upgrade, downgrade, restrict or otherwise modify the content. Subject to Kombo is not subject to any warranty, compensation, maintenance, support or availability obligations for the platform, support or availability obligations.
Part C – Chargeable services
7. separate service contract | conclusion of contract
7.1 Kombo offers the end customer the opportunity to make use of Kombo’s fee-based services on the platform. to take. Unless expressly agreed otherwise, the services to be provided by Kombo shall be services within the meaning of § 611 BGB. The service may include the creation of 3D files or other files for further dental use (“results”).
7.2 Kombo’s offer on the Platform is non-binding. By clicking on the correspondingly marked buttons within his user account or, at the latest, when the end customer sends the uploaded data to Kombo via the platform. the end customer to Kombo via the platform, the end customer declares that he has purchased the selected service from Kombo. would like to commission. The end customer thereby submits a binding offer to conclude a service contract. on the selected power.
7.3 Only when Kombo expressly accepts the end customer’s offer by means of a separate declaration does a binding a binding service contract is concluded between Kombo and the end customer, but at the latest when Kombo makes the result file available for of the result file for download via the platform by Kombo.
7.4 Kombo shall inform the end customer immediately if Kombo does not wish to accept the end customer’s offer. wants to accept.
7.5 The end customer is obliged to ensure that the information required for the provision of the services, user data and content, complete and error-free. Kombo can continue to defer the provision of services until full provision has been made.
7.6 The results represent digital elaborations of an individualized, AI-supported and human planning service. and are part of the service according to § 611 BGB. The provision of the results via the platform takes place in digital file formats customary in the industry and does not constitute formal acceptance by the by the end customer within the meaning of Section 640 BGB.
7.7 Kombo shall remedy any defects in the results notified in writing by the end customer by subsequent performance within a reasonable period of time. a reasonable period of time, at its own discretion either by rectification or by replacement delivery. by replacement delivery.
7.8 For a scope to be determined by Kombo at its own discretion, Kombo may provide the end customer with the following for trial purposes also make results available free of charge (“test cases”). Kombo may reduce, discontinue, restrict or otherwise modify the offer of Test Cases at any time. Subject to the provisions Kombo has no warranty, compensation, support or availability obligations for test cases in accordance with clause 16. Corresponding results do not constitute a guarantee for (future) properties of the services.
8. right to use results
8.1 Upon full payment of the prices in accordance with clause 9 by the end customer, Kombo grants the end customer an exclusive, non-transferable and non-sublicensable right to use the results provided. to the results provided.
8.2 The right of use granted in accordance with Section 8.1 is limited to the purpose of use specified in the product description. respective service of Kombo. Any use beyond this is not permitted without the express written consent of Kombo.
9. prices | terms of payment
9.1 The prices shall be those shown on the platform at the time the end customer places the order with Kombo. displayed on the Platform.
9.2 The prices are due for payment in advance at the time of commissioning by the end customer.
9.3 The End Customer is obliged to use DT Credits for payment, which can be purchased in accordance with the provisions of Part E can be purchased.
9.4 Kombo issues invoices and credit notes exclusively in electronic form. All receipts are available to the end customers on the platform.
Part D – Integration in third-party systems
10. integration services
10.1 Kombo may offer the end customer the option to purchase fee-based services for the integration of the services of Kombo in certain third-party systems (“integration services”). Insofar as not Unless expressly agreed otherwise, these integration services are services within the meaning of Section 611 BGB.
10.2 Kombo shall only provide the integration service. For the use of third-party systems, the end customer must conclude a separate contract with the respective third-party system provider. Kombo accepts no liability for the functionality, availability or quality of such third-party systems.
11. fees
11.1 The end customer shall pay the fees shown on the platform for the use of integration services in third-party systems. third-party systems.
11.2 The End Customer is obliged to use DT Credits to pay for Integration Services, which can be purchased in accordance with the provisions of the provisions of Part E.
11.3 These fees are non-refundable and are incurred independently of service contracts concluded in accordance with Part C or the contract of use.
Part E – DT Credits
12. DT Credits | Credit balance
12.1 “DT Credits” are vouchers or value units that the end customer can purchase. They can only be used for an order from Kombo in accordance with Part C and D of these GTC, but not for the purchase of further DT Credits. further DT Credits.
12.2 Kombo offers the end customer the opportunity to purchase DT Credits on the Platform as part of a subscription. purchase. Such a subscription can be terminated by the end customer at any time.
12.3 DT Credits can only be redeemed in the country in which they were acquired.
12.4 The credit balance from DT Credits shall neither be paid out to the end customer in cash nor bear interest. DT Credits are not transferable between end customers. The end customer can use the existing credit balance from DT Credits in his user account on the platform.
12.5 In the event of termination of the contract of use, Kombo shall refund the end customer the value of the unused DTCredits to the same payment instrument that was used for the purchase. Kombo is entitled to use the reimbursement, an appropriate administrative fee shall be charged.
Part F – Other provisions
13. set-off | retention | assignment
13.1 The end customer may only set off its own claims against claims of Kombo or assert a right of retention only insofar as the claims of the end customer have been legally established or are undisputed or recognized by undisputed or recognized by Kombo.
13.2 The assignment of claims of the end customer against Kombo requires prior written consent from Kombo. Kombo will only refuse this consent for an objective reason. § Section 354a HGB remains untouched.
14. confidentiality
14.1 The End Customer and Kombo are aware that they may disclose to each other certain business, technical or financial financial information relating to the business activities of Kombo or the End Client. (“Confidential Information”), have exchanged or will exchange. Confidential information of Kombo include, but are not limited to, non-public information regarding the features, functions and performance of the platform, but are not limited to it.
14.2 The End Customer and Kombo shall protect each other’s Confidential Information and shall not use such Confidential Information Confidential Information (except for the provision of the Platform and the provision of the Services). or in any other way permitted by these GTC) or to third parties. This does not apply in relation to to information that the end customer or Kombo can each demonstrate (a) is or becomes generally available to the public; or generally available to the public; or (b) was already in the lawful possession of the end customer or by the end customer or Kombo; or (c) it was lawfully made available to the end customer or Kombo without any third party restrictions; or (d) independently developed without the use of Confidential Information; or Confidential Information; or (e) that it is required to be disclosed by law. must be disclosed.
14.3 Kombo is entitled to collect data and other information relating to the provision, use and performance of the service. of the platform and related systems and technologies (in particular information that the user data and content), and Kombo is free to collect and analyze such data during and after of the user contract to use such data and information or to have such data and information used in order to use the platform to improve and further develop, as well as for the purpose of further developments, diagnostic and corrective measures in relation to the platform and other offerings of Kombo, but only in aggregated form. or otherwise anonymized form and exclusively in a way that does not directly disadvantage the end customer.
14.4 Kombo is entitled to use the company name and the company logo of the end customer in marketing materials and on Kombo’s websites as a reference. Kombo is hereby shall not disclose the names of employees of the end customer or any other personal data of the end customer unless the end customer or the end customer’s employee has given their separate consent to this.
15. data protection
15.1 The end customer and Kombo shall at all times comply with the requirements of applicable data protection law, in particular the EU General Data Protection Regulation.
15.2 Information on the handling of personal data by Kombo can be found in the privacy policy from Kombo. This can be viewed at https://dentaltwin.de/datenschutz/.
16. liability of Kombo | statute of limitations
16.1 Kombo shall fulfill its contractual obligations with the diligence of a prudent businessman.
16.2 Notwithstanding the provision of § 599 BGB, Kombo shall be liable without limitation for (a) personal injury caused by Kombo, its legal representatives or vicarious agents; (b) damages caused intentionally or through gross negligence by Kombo, its legal representatives or executives; (c) damages caused intentionally by Kombo’s vicarious agents not mentioned in (b); (d) damages due to the absence of a guaranteed quality; and (e) claims under the Product Liability Act.
16.3 Notwithstanding the provision of § 599 BGB, Kombo shall be liable for damages arising from the breach of its contractual cardinal obligations by Kombo, its legal representatives, executives or vicarious agents. Cardinal obligations are the essential obligations which form the basis of the respective contract, which were decisive for the conclusion of the respective contract and on the fulfillment of which the end customer relies may. Insofar as the breach of such cardinal obligations is caused by (a) slight negligence on the part of Kombo, its statutory representatives or executives or (b) slight or gross negligence of persons not named in (a). Kombo’s vicarious agents, Kombo’s liability is limited to the amount that was foreseeable for Kombo at the time of the foreseeable for Kombo at the time of the respective service.
16.4 Notwithstanding the provisions of Section 599 BGB and the provisions in Clauses 16.2 and 16.3, Kombo shall not be liable for damages arising from the breach of obligations which do not constitute cardinal obligations and which are caused (a) by slight negligence by Kombo, its legal representatives or executive employees or (b) slightly or grossly negligent by vicarious agents of Kombo not mentioned in (a).
16.5 Notwithstanding the provisions of Section 599 BGB and the provisions in Clause 16.2, Kombo’s liability arising from or in connection with the contract of use, an assignment pursuant to Part C or D, an order pursuant to Part E pursuant to Part E and/or these GTC is limited in total per claim to the net amount of the payments made by the customer to Kombo under the respective contract in connection with which the loss event occurred. or is obliged to make.
16.6 Otherwise, Kombo’s liability is excluded.
16.7 Kombo’s liability for loss of data shall be limited to the amount of the typical recovery costs that would have been incurred if the end customer had made proper and regular data backups.
16.8 With the exception of claims due to damage caused intentionally or by gross negligence and due to personal injury, the limitation period for claims of the end customer arising from the respective contract and these GTC is 12 months.
17 Amendments to these GTC
17.1 Kombo may amend and/or update these GTC with effect for the future, insofar as this does not constitute an amendment which affects the basis of the legal relationship between Kombo and the end customer and is equivalent to the the conclusion of a new contract.
17.2 Any amendment to these GTC shall be notified to the end customer in text form (a simple e-mail is sufficient) at least 6 weeks before its intended entry into force. The end customer may object to the change before the day agree or object to their intended entry into force.
17.3 The change shall be deemed to have been accepted by the end customer if the end customer does not object to the change before the day of its intended entry into force or if the end customer does not object to the Platform and/or the Services. of Kombo from the date of the intended entry into force of the change. Kombo will inform the end customer expressly inform you of this in the corresponding announcement.
18. final provisions
18.1 The contract concluded between the End Customer and Kombo, including the provisions of these GTC fully reflects the agreements between Kombo and the End Customer with regard to the subject matter of the contract and replaces all previous written, oral and implied agreements. No ancillary agreements, whether written, oral or implied, have been made.
18.2 Notwithstanding the provision in clause 17, amendments or additions to a contract shall only be valid if they are made in writing. the written form and the express reference to the contract. This also applies to an agreement, to deviate from or waive this formal requirement.
18.3 No agency, partnership, company or employment relationship is created by a contract. and the end customer is not authorized to legally bind Kombo in any way. There is no Temporary employment within the meaning of the Temporary Employment Act (AÜG).
18.4 Each contract and all rights arising out of or in connection with it shall be governed exclusively by German law, to the exclusion of those norms of private international law that are applicable to the application of the law of the of a state other than Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
18.5 The exclusive place of jurisdiction for all disputes arising from or in connection with a contract is Goslar, Germany. However, a different place of jurisdiction may be chosen at any time by mutual agreement. in particular to save costs or to involve specialized courts.
18.6 Should any provision of a contract, including the provisions of these GTC , be or becomevoid, invalid, unenforceable or unenforceablein whole or in part , the validity and enforceability of the remaining provisions shall not be affected.This does not affect the enforceability of the remaining provisions. Kombo and the end customer are bound, to agree, in place of the defective provision, a provision which, within the scope of the legal possibilities the closest to what Kombo and the end customer agreed in accordance with the meaning and purpose of the contract. if they had recognized the incorrectness of the provision. The same applies to any regulatory loopholes in the contract or these GTC.KOMBO medical solutions UG (haftungsbeschränkt)
Braunschweig Local Court HRB 208207
August 2025