GENERAL CONDITIONS OF THE MR.KNOW - PLATFORM

General Conditions of the MR.KNOW - PLATFORM
Inspire Technologies GmbH, Leopoldstr. 1, 78112 St. Georgen (INSPIRE) provides the MR.KNOW - PLATFORM to its customers as a cloud computing service (Service) exclusively under the following conditions.
The Inspire Technologies GmbH content is intended exclusively for corporate customers. All prices are subject to the statutory level of value added tax.

MR.KNOW - PLATFORM
The MR.KNOW - PLATFORM is a Software as a Service environment. It gives its customers the opportunity to plan, create and use their own process-oriented web applications, customer portals, enterprise solutions and digital workers based on BPM components (Business Process Management) on the MR.KNOW - PLATFORM.
The standard operation of the MR.KNOW - PLATFORM takes place in INSPIRE's own data centres and in certified data centres of the IBM Cloud.

User accounts and prices
Customers receive a user account for accessing the MR.KNOW - PLATFORM.
A distinction is made between administrator accounts and user accounts for different usage requirements.
Administrator accounts are suitable for administrators, developers and project managers. Projects can be planned and applications can be created, maintained and administered using an administrator account. For this purpose, Inspire Technologies GmbH provides various editors and services which are updated and extended by Inspire Technologies GmbH. A project management facility for the planning of development projects and also resource management is also provided.
User accounts can be set up, managed and enabled using an administrator account.
Administrators can create user accounts for other users or replicate users from existing user directories via a VPN connection to the customer's company.
Various billable convenience features of INSPIRE are available, which can be functional extensions as well as support for project management tasks and components for users.
Billable services can only be booked via administrator accounts. Only the functions which have been enabled by the administrator can be used from user accounts.

Cloud Models
INSPIRE provides the MR.KNOW - PLATFORM with various cloud models:
In the Standard Cloud, the customer shares cloud resources with other MR.KNOW - PLATFORM customers.
In the Premium Cloud, all customer instances run on selectable dedicated (virtual or physical) hardware. The resources of which are only used by the customer.
In the Private Cloud, Inspire provides the customer with its own cloud infrastructure, with which the hardware cloud resources are available on demand as virtual shared (virtual hardware resources are shared with other IBM Cloud users), virtual dedicated (virtual hardware resources are not shared with other IBM Cloud users) or bare metal (dedicated physical hardware which is not shared with other IBM Cloud users). The private cloud is used exclusively by the customer.
In each cloud model, the customer can choose how much storage space, main memory and virtual CPUs they need for their operations. The specifications in the price list (provide link) also apply.

Marketplace
Inspire Technologies GmbH provides free and billable solution templates, services and ready-made applications via a MARKETPLACE on the INSPIRE PLATFORM. INSPIRE is the sole owner of all components which are made available to customers on the MARKETPLACE. Only usage rights in accordance with the price list shall be granted.
Inspire Technologies GmbH also provides third-party services on the Marketplace. These are clearly marked as third party products. In this respect, Inspire Technologies GmbH only provides the technical platform (Platform as a Service). Legal relationships between users and third party products on the MR.KNOW - PLATFORM are exclusively between the two parties.

Customer Accounts
The Customer sets up a user account via a registration process provided by INSPIRE. For this purpose, an e-mail address, which also serves as a user name, and a password are required as login data. The customer must keep this information secret from everyone. He may only disclose the login data to authorized persons within his company. Under no circumstances may several customer employees use the MR.KNOW - PLATFORM simultaneously or consecutively under one user account. The customer is liable for all billable services used under his account. If misuse is detected, a notification in text form must be sent to Inspire Technologies GmbH as soon as possible. Inspire will suspend the account and contact the customer to set up a new account. The Customer shall bear all costs for billable services until the point in time when Inspire Technologies GmbH receives a report of misuse.

Free account
Inspire Technologies GmbH provides an account for demonstration purposes free of charge for a period of 30 days (demo account).
The demo account has limited resources in terms of storage space and data volume. Inspire Technologies GmbH reserves the right to limit or terminate use in the event of excessive load volumes or other disruptions. Only a limited range of functions of the modules can be used under the demo account.
The data, process models and wizards which are acquired and processed by the customer during the demo access will be deleted after the end of the period. A backup will not be carried out beforehand. The customer can download wizards and process models which have been created locally on his client via the browser during the active demo access.

System requirements
An HTML5-capable web browser is needed to use the MR.KNOW - PLATFORM. A desktop development environment (MR.KNOW - BPM Designer) for administrators can also be installed locally by the administrator. This includes several additional components, including a professional environment for sophisticated web forms and reports. Windows (64bit), MacOS or Linux with at least 8GB of main memory is required for this. The software is licensed separately in this respect.
A billable VPN connection can be established for the connection between the MR.KNOW - PLATFORM and the customer systems to be connected in order to be able to securely carry out user replications or internal API access, for example. Inspire Technologies GmbH can provide service support for setting up VPN access and replication drivers if required.

Domains
Inspire Technologies GmbH provides the Customer with access to the MR.KNOW - PLATFORM via a subdomain of the mrknow.ai domain. If the Customer would like to use his own domains, Inspire Technologies GmbH will provide him with IP addresses for the period of use. If required, Inspire Technologies GmbH can also provide the Customer with his own billable domain, which will be administered exclusively by Inspire Technologies GmbH. Billable VPN accesses are created by Inspire Technologies GmbH and their IP addresses are made available to the customer for the period of use. Upon termination of certain or all services, the customer must release the IP addresses, domains and VPN accesses which have been assigned to him.

Service Level Agreements
Inspire Technologies GmbH provides its services in accordance with the following Service Level Agreements (SLA). Any claims because of non-compliance with the SLA must exclusively be made in text form to Inspire Technologies GmbH at . Any other claims are excluded under the applicable law. Claims must be made no more than 60 calendar days after the end of the period of alleged non-compliance with an SLA.
Inspire Technologies GmbH will check asserted claims on the basis of its own records and the customer information. Credit notes will be offset against the customer account. No separate payment will be made. Ongoing claim checks do not release the customer from the ongoing payment obligation for services that are used.

Exceptions
Claims because of non-compliance with the SLA are ruled out if the non-compliance was caused on the part of the Customer, particularly if the customer runs software which he has developed or licensed from third parties on the MR.KNOW - PLATFORM.
Customer claims shall be ruled out if Inspire Technologies GmbH is unable to provide its services due to force majeure or disruption of the communication networks.

Availability
When availability SLAs are calculated, neither downtimes nor disruptions related to the specified exceptions, the non-availability of the MR.KNOW - PLATFORM interfaces, or times for reloading, configuration, activation, or accessing content, nor any other services which are indirectly affected by a service interruption shall be taken into consideration.
The availability percentage is calculated as follows: Total number of minutes in a contract month, minus the total number of outage minutes in the month concerned, divided by the total number of minutes in that month.
The customer is entitled to a credit note in the following cases:
Service level for monthly availability
Availability <99.0 % Credit 1% of monthly operating costs

Support
Standard support is provided in the form of an e-mail system. Billable premium support can be optionally booked with which, as well as the defined response times, telephone support, access to the ticket system or remote services can be used.
As part of the standard support, error messages can be reported via the MR.KNOW - PLATFORM or by e-mail to support@mrknow.ai. The customer is given a ticket number, which must be used for all queries. A response time is not guaranteed with the standard support.
The following response times are guaranteed as part of premium support:

• 4 working hours after problem report with critical priority
• 8 working hours after problem report with high priority
• 24 working hours after problem report with normal priority

The priorities are defined as follows:

• Critical priority: A problem has occurred which causes the software to stop or malfunction, whereby the end customer's business operations or a significant part of its business operations are at a standstill at the same time.
• High priority: A problem has occurred which causes the software to stop or malfunction, whereby the end customer's business operations are completely or temporarily significantly restricted at the same time.
• Normal priority: A problem has occurred which causes the software to stop or be impaired, whereby the end user's business operations are slightly or partially affected. All or individual functions or functionalities of the software are usable or usable with restrictions.

If it is not apparent whether a support case exists during the review of a defect report, Inspire Technologies GmbH will coordinate the further procedure for the reported case with the customer. If Inspire Technologies GmbH continues to act in accordance with the agreement and it then emerges that the error is not attributable to Inspire Technologies GmbH, the Customer must bear the costs of the review in accordance with the price list for services.

Billing
The customer must provide details of his corporate credit card when the account is initially set up. The fees that are incurred will be charged quarterly to the customer's credit card at the end of the quarter. In exceptional cases, payment can be made on account or using another payment method by special agreement.
With the exception of payment on account, payment will be processed via a payment service provider.
By providing credit card information, the customer agrees that Inspire Technologies GmbH may use this information for the billing of fees.
If fees cannot be settled because of incorrect or inaccurate credit card details, an invoice will be issued in writing by commercial invoice with a payment deadline. An additional processing fee of 50 Euros is agreed for the additional effort involved. If the Customer is in default for more than 60 days thereafter, INSPIRE may restrict or completely block the use of the customer environment until payment has been made.
Objections to fees must be submitted in text form to inspire-buchhaltung@mrknow.ai within 30 days. Fees which have been settled shall be regarded as accepted after the expiry of the objection period.
Special features because of customer-internal ordering and payment procedures can be agreed upon individually between the customer and Inspire Technologies GmbH.

Training courses
Inspire Technologies GmbH provides on-site training courses and online training courses as individual training courses or as openly advertised training courses. These can be booked via the mrknow.ai web site and via the MR.KNOW - PLATFORM.
A booking does not become binding for both parties until Inspire Technologies GmbH has confirmed the booking. Inspire Technologies GmbH reserves the right to cancel or postpone openly advertised training courses if the minimum number of participants is not reached or for extraordinary reasons. Customers will only receive a confirmation of registration when the minimum number of participants has been reached.
In the case of individual training courses, dates can be postponed by mutual agreement.
The prices usually include training documents and an attendance certificate, plus seminar drinks and snacks in the case of on-site training.
The contents of the seminar description form the basis of the training courses, but can be adapted to the individual knowledge and experience of the seminar participants by the trainer in individual cases in order to ensure learning success.
If the customer cancels up to 10 working days before the start of a training course after confirmation of registration, a cancellation fee of 10% of the seminar fee shall apply.
INSPIRE will issue a credit note for this amount in the event of registration on the same subject at a later date. In the event of later cancellation, 50% of the seminar fee will be charged.
In case of non-participation without cancellation, the seminar price must be paid in full.
Registrations are transferable to another person belonging to the customer's company.
Temporary participation does not entitle the participant to a reduction of the seminar price.
If a participant does not take part in a seminar due to sudden illness and cannot prove this by presenting a medical certificate, the full participation fee will be charged. However, in this case the participant has the option of attending the seminar at a later date at no additional cost.
In the case of individual training courses, deviating conditions may apply in accordance with the order confirmation.
If INSPIRE has to cancel a training course at short notice, the customer will be notified thereof immediately. An alternative will be suggested if possible. Otherwise the participation fee will be refunded. Further claims are ruled out.

Notice periods
The number of user accounts for a customer can be reduced or increased by the customer at any time. The minimum requirement is an administrator account. This can only be terminated by giving three months' notice to the end of a quarter. A change to the quantities requires a license file update. Technically, this means that quantity changes only become effective after the license file on the customer's server has been updated. The license file is imported automatically. However, if the customer has booked a PRIVATE CLOUD and does not give Inspire Technologies GmbH access to the servers, the customer will receive the license file by e-mail and is responsible for importing the license file himself.

Technical changes
Inspire Technologies GmbH will announce technical changes with a lead time of 90 days. This does not apply to safety-critical changes. Inspire Technologies GmbH will implement these as soon as possible and notify the customer accordingly. Inspire Technologies GmbH will normally provide support for previous interfaces and the like for a period of 12 months.

Data deletion after end of contract
INSPIRE will make a backup copy of the customer data which is still stored on the Mr.KNOW - PLATFORM after the end of the contract. This data can be retrieved by the customer Inspire Technologies GmbH via an INSPIRE FTP server of for up to 12 calendar months after the end of the contract. After that, Inspire Technologies GmbH will delete the copy. Regulations deviating from this as well as separate storage can be agreed separately in writing.

Data protection
Inspire provides its services exclusively on the basis of its data protection statement and the terms and conditions for order data processing.

Changes to services
INSPIRE reserves the right to change the services which are provided. The notice period in accordance with the technical changes applies for existing accounts.
Price adjustments for existing accounts may be made by INSPIRE by giving six months' notice.

Miscellaneous
The law of the Federal Republic of Germany shall apply. Villingen-Schwenningen shall be deemed to be the agreed place of jurisdiction.
Status: 1 July 2020

MR.KNOW - PLATFORM

Price list
The General Terms and Conditions of INSPIRE GmbH, St. Georgen, as amended from time to time, shall apply exclusively to all services and other work described in this price list. All prices are subject to the statutory amount of value added tax.
[Specification / assurance of data volumes and memory in the price list for the respective service]
The following customer parameters are evaluated for the fees:

• Number of registered administrator accounts (administrators)
• Number of user accounts (users)
• Number of started processes ("process instances" or "operations") for each accounting period
• Number of booked comfort functions
• Other billable services
• Operating costs depending on the booked cloud model and its hardware resources
• Optionally booked premium support
• Number of started processes per month
• Maximum number of administrator and/or user accounts per month and/or customer
• Applications from the marketplace in accordance with their license
• Minimum terms for minimum number of accounts

Definition of "process instance" or "operation"
Technically, only the starting of a process is examined and the point in time thereof is assigned to the respective billing period. Processes which have been started as subprocesses and internal system processes of Inspire Technologies GmbH are not counted. Likewise, it does not matter how long the process is active in the system.

Budget limit and automatic shutdown
The customer can specify an upper limit when booking, whereby the starting of other billable process instances during the billing period is automatically stopped when the "budget limit" is reached. The shutdown is controlled using a license file. The customer can change the budget limit at any time. However, this only takes effect after an updated license file has been imported, which is generated with the booking process.