SaaS (Software as a Service) Agreement for an ObjectCode K3® Configurator
Effective June 26, 2026 (wip)
1. Contracting Parties, Purpose, and Term
ObjectCode GmbH (Provider, “We”) and K3 customers (Customer, “You”) (collectively: “the Parties”) enter into this agreement by booking and using the ObjectCode K3® Configurator to govern the terms and conditions of booking and use. We offer commercial users the opportunity to use our configurators during the respective contract terms. The software is made available to you in the cloud (Amazon AWS Region Western Europe/Frankfurt) for the agreed-upon use, within the scope of use and for the duration agreed upon between us. This also includes sufficient computing and storage capacity that is foreseeable for the agreed-upon use.
2. Configurator Variants: Templates, Editions, Payment Methods
We offer our configurators for different target groups (templates), in four functional scopes (Starter/Basic/Pro/Enterprise editions), and with two subscription options (monthly or annual terms).
You can place a binding order for a configurator directly through our website https://www.k3-konfigurator.de/; to do so, select a template and initially (during the trial period).
You select the edition and term when booking a paid plan (no later than the end of the trial period).
3. Start of the Service Relationship, Cancellation
Performance of the contract begins immediately after your booking is processed. There is no right of cancellation, as the provision of services begins immediately upon booking in accordance with Section 312g(2)(1) of the German Civil Code (BGB).
Trial Period
When you register for a new configurator, we set it up in the “Enterprise” edition and grant you a 30-day trial period. No fees are charged for using K3 during this trial period. Once the trial period expires, continued use is only possible by subscribing to one of the paid editions.
4. Payment, Terms, and Termination
Payments
Payment for our configurators is made exclusively online via our payment service provider. Payment is always made in advance for the next contract term. Accepted payment methods include, at a minimum, direct debit or credit card. Invoices are sent automatically via email. There are two different payment methods/terms:
“Monthly” Term
A configurator booked with the “Monthly” term has a term of one month. The term is always automatically extended by one additional month unless you cancel it online (via your admin account) before the end of the term.
“Annual” Term
A configurator booked with the “Annual” term has a term of one year. The term is automatically extended by one additional year unless you cancel it online (via your admin account) before the end of the term.
Cancellation
Cancellation is possible within the timeframes agreed upon here (i.e., at the end of the term). This means that the contract period in effect at the time of cancellation is the last one under the contract. Automatic renewal does not apply, nor will any further invoices be issued. At the end of the contract term, you will no longer be able to use the configurator. We reserve the right to terminate the contractual relationship at any time without providing a reason.
5. Prices
The prices listed on our website apply. We reserve the right to change these prices at any time. The prices agreed upon between us are valid until the end of the current billing period. In the event of a price increase, you may always terminate the contract at the end of the current billing period (as you may even without a price increase).
6. Services
We ensure the provision of the software and the agreed-upon services during the term of the contract. We will implement any modifications to the software that we deem necessary. The services are as described on our websites. This SaaS Agreement forms an integral part of the agreement entered into online. We may also engage vicarious agents to fulfill this Agreement.
We will rectify any errors or defects, if and to the extent that we are legally responsible for them. We are entitled, at our professional discretion, to provide you with a new version of the software if we deem this appropriate to rectify an error or defect. In such cases, the software will be provided free of charge.
Errors resulting from setup or configuration performed by you or our partners are not covered by our obligation to remedy.
Access to the Internet and any problems arising directly and/or indirectly therefrom are not subject to our actual or legal scope of responsibility. This scope extends to the provision of the configurator software in the runtime environment specified in Section 1.
6.1 Support
You are entitled to free support via email at “support@objectcode.de” during our business hours. Our business hours are Monday through Friday from 9 a.m. to 5 p.m., excluding federal holidays.
6.2 Extended Support via Partners
In the event of a high volume of support requests or for services beyond the scope of the free email support (6.1)—such as, in particular, additional features, custom programming, consulting, training, or higher levels of support—our K3 partners (see https://k3-konfigurator.de/partner) will be happy to provide you with customized solutions upon request. Any agreements made there do not affect this contractual relationship regarding the use of the K3 system.
7. Rights of Use
You are granted a simple, non-sublicensable, and non-transferable right of use to our configurator software, limited to the term of the contract. You may transfer this right of use to your customers (the end customers) for the duration of the respective configuration process.
For use by resellers of your products, we offer a separate reseller license, through which you may grant your resellers a limited right of use. You require one such license per reseller if they wish to integrate the configurator into their website.
You grant us a non-exclusive right of use for the entire term of the contract to all information that you provide in the administration interface for setting up the configurator. Confidentiality is not deemed to have been agreed upon with respect to this information. This also includes the use of your company name and logo for reference purposes.
This grant of rights also applies to vicarious agents commissioned by us.
8. Obligations
You agree to respect the rights of third parties and not to violate applicable laws and regulations throughout the entire term of the contract within the scope of the agreed-upon use. You further agree to pass on this obligation to your end customers within the scope of your legal relationship with them. All access data provided or transmitted for the use of the software must be kept confidential and protected against misuse. This does not apply to data that end customers require for the intended use of the software. You agree not to negatively impact accessibility through your modifications to the configurator. You agree not to remove, cover up, or otherwise render unrecognizable and/or non-clickable the branding text displayed by K3 and the underlying link "Powered by ObjectCode K3®". You may waive this branding requirement by purchasing a “white-label” option, which we are happy to offer you upon request.
9. Liability for Content
You are solely responsible and liable for the data entered by you or by third parties authorized by you to use the configurator as agreed. You warrant that you hold all necessary rights to the content you provide. This data includes images, 3D models, CSS, and JavaScript files, which are executed with elevated privileges in the end users’ browsers and thus granted extensive access rights. Your responsibility therefore also extends to activities in the end users’ browsers, to the extent that they are attributable to this data. Furthermore, the terms of our agreement regarding data security and data storage apply.
10. Data Storage During and After the Contract Term
The data generated through the use of a configurator—whether by you and/or by end customers—will be stored by us for the duration of the contract and made available in accordance with the contract.
Upon termination of the contract—whether through active termination by either party or through the expiration of the purchased license without renewal—a 30-day grace period begins. During this time, you will no longer have access to the configurator or the API, but all your data will still be stored.
We will automatically notify you by email:
- 14 days before final deletion
- 7 days before final deletion
- 1 day before final deletion
These emails contain all necessary information regarding the affected license and give you the option to export your data or renew the license. Upon request, we will provide you with the data in a compressed file. After the 30-day grace period expires, all data from the configurator will be automatically and permanently deleted.
If you have purchased multiple configurators from us, these provisions apply individually to each configurator.
11. Limitations of Liability
We are fully liable in accordance with statutory provisions for damages resulting from injury to life, limb, or health caused by an intentional or negligent breach of duty on our part or on the part of one of our vicarious agents.
We are also liable for the intentional or grossly negligent breach of material contractual obligations. These are obligations whose fulfillment is essential for the provision of our services and on which you may rely. In all cases of simple negligence, we limit our liability to the so-called “typical contractual” damages foreseeable to us at the time the contract was concluded.
We assume no liability beyond this.
12. Data Security
We secure the data you create in the software during the term of use and in accordance with the agreed-upon method of use using state-of-the-art technology.
13. Data Protection
Both contracting parties undertake to comply with the applicable legal provisions regarding the handling of personal data, in particular those set forth in the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
14. Data Processing on Behalf of the Client
Since we process personal data on your behalf depending on the configuration of a configurator (e.g., when using the contact form), we offer you a Data Processing Agreement (DPA). We will provide this to you digitally once you provide us with the name of the data controller (company name) and the contact person for data protection matters.
15. Jurisdiction, Governing Law
German law applies. The place of performance is our company’s registered office in Lünen. The place of jurisdiction is Dortmund. Should any individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. We will then work together to find a valid provision to replace the invalid one(s).
SaaS (Software as a Service) Agreement for an ObjectCode K3® Configurator
Version dated March 10, 2026 (final)
1. Contracting Parties, Purpose, and Term
ObjectCode GmbH (the Provider, “We”) and the K3 customers (the Customer, “You”) (together: the Parties) enter into this Agreement by booking and using the ObjectCode K3® Configurator to govern the terms and conditions of booking and use. We offer commercial users the opportunity to use our configurators during the respective contract terms. The software is made available to you for the agreed use in the cloud (Amazon AWS Region Western Europe/Frankfurt) within the scope of the usage and terms agreed between us. This also includes sufficient computing and storage capacity foreseeable for the agreed use.
2. Configurator Variants: Templates, Editions, Payment Methods
We provide our configurators for different target groups (templates), in three functional scopes (Starter/Basic/Pro/Enterprise editions), and in two booking variants (monthly or annual term).
You can make a binding reservation for a configurator directly via our website https://www.k3-konfigurator.de/; to do so, select a template and use it initially (during the trial period) with the service descriptions displayed.
You select the edition and the term when booking a paid version (no later than the end of the trial period).
3. Commencement of the Service Agreement, Cancellation
The contract takes effect immediately upon completion of your booking. There is no right of cancellation, as the provision of services begins immediately upon booking in accordance with Section 312g(2)(1) of the German Civil Code (BGB).
Trial Period
When you register for a new configurator, we set it up in the “Enterprise” edition and grant you a 30-day trial period. No fees are charged for the use of K3 during this trial period. Once the trial period has expired, continued use is only possible by booking one of the paid editions: Basic, Pro, or Enterprise.
4. Payment, Terms, and Termination
Payments
Payment for our configurators is made exclusively online via our payment service provider. Payment is always made in advance for the next contract term. Accepted payment methods include, at a minimum, direct debit or credit card. Invoices are sent automatically by email. There are two different payment methods/terms:
“Monthly” term
A configurator booked with a “Monthly” term has a term of one month. The term is always automatically extended by one additional month unless you cancel it online (via your admin portal) before the end of the term.
“Annual” term
A configurator booked with an “Annual” term has a term of one year. The term is always automatically extended by one additional year unless you cancel it online (via your admin portal) before the end of the term.
Cancellation
Cancellation is possible within the periods specified here (i.e., at the end of the term). This means that the contract term in effect at the time of cancellation is the final one under the contract. There will be no automatic renewal, nor will any further invoices be issued. At the end of the contract term, access to the configurator will also cease. We reserve the right to terminate the contractual relationship at any time without providing a reason.
5. Prices
The prices listed on our websites apply. We reserve the right to change these prices at any time. The prices agreed upon between us apply until the end of the current subscription period. In the event of a price increase, you may (as is the case even without a price increase) always terminate the contract at the end of the current subscription period.
6. Services
We shall ensure the provision of the software and the agreed-upon services throughout the term of the contract. We shall make any modifications to the software that we deem necessary. The services are described on our websites. This SaaS contract forms part of the agreement entered into online. We may also engage vicarious agents to perform this contract.
We shall rectify any errors or defects, if and to the extent that we are legally liable for them. We are entitled, at our professional discretion, to provide you with a new version of the software if, in our view, this is appropriate to rectify an error or defect. In such cases, the provision shall be free of charge.
Errors arising from installation or configuration performed by the customer or our partners are not covered by our obligation to rectify.
Access to the internet and any problems arising directly or indirectly therefrom do not fall within our actual or legal sphere of responsibility. This extends to the provision of the configurator software in the runtime environment specified in Section 1.
6.1 Support
Support is available to you free of charge via email at ‘support@objectcode.de’ during our business hours. Our business hours are Monday through Friday from 9 a.m. to 5 p.m., excluding national holidays.
6.2 Extended Support via Partners
In the event of a high volume of support requests and for services that go beyond the free email support (6.1)—such as, in particular, additional features, custom programming, consulting, training, or higher levels of support—our K3 partners (see https://www.objectcode.de/partnernetzwerk-k3/) will be happy to provide these on an individual basis upon request. Any agreements made there do not affect this contractual relationship regarding the use of the K3 system.
7. Rights of Use
You are granted a simple, non-sublicensable, and non-transferable right to use our configurator software, limited to the term of the contract. You may transfer this right of use to your customers (the end customers) for the duration of the respective configuration process.
For use by resellers of your products, we offer a separate reseller license, through which you may grant your resellers a limited right of use. You require one such license per reseller if they wish to integrate the configurator into their website.
You grant us a non-exclusive right of use for the entire term of the contract to all information that you provide in the administration interface for setting up the configurator. Confidentiality is not deemed to have been agreed with respect to this information. This also includes the use of your company name and logo for reference purposes.
This grant of rights also applies to vicarious agents commissioned by us.
8. Obligations
You agree, throughout the entire term of the contract and within the scope of the agreed use, to respect the rights of third parties and not to violate applicable laws and regulations. You further agree to pass on this obligation to your end customers within the scope of your legal relationship with them. All access data provided or transmitted for the purpose of using the software must be kept confidential and protected against misuse. This does not apply to data required by end customers for the intended use of the software. You agree not to impair accessibility through your modifications to the configurator. You agree not to remove, cover up, or otherwise render unrecognizable and/or non-clickable the text displayed by K3 and the underlying link “Powered by ObjectCode K3®”.
9. Liability for Content
You are personally responsible and liable for the data entered by you or by third parties authorized by you for the agreed use of the configurator. You warrant that you hold all necessary rights to the content you provide. This data includes images, 3D models, CSS, and JavaScript files, which are executed with privileged access in the end user’s browser and are thus granted extensive access rights. Your responsibility therefore also extends to activities within the end user’s browser, insofar as they relate to this data. Furthermore, the terms of our contract apply with regard to data security and data storage.
10. Data Storage During and After the Contract Term
The data generated through the use of a configurator—whether by you and/or by end customers—will be stored by us for the duration of the contract and kept available in accordance with the terms of the contract.
Upon termination of the contract—whether through active termination by either party or through the expiration of the booked license (bookedUntil date) without renewal—a 30-day grace period begins. During this time, you will no longer have access to the configurator and the API, but all your data will still be stored.
We will automatically notify you by email:
- 14 days before final deletion
- 7 days before final deletion
- 1 day before final deletion
These emails contain all necessary information regarding the license in question and give you the option to export your data or renew the license. Upon request, we will provide you with the data in a compressed format. After the 30-day grace period has expired, all data from the configurator will be automatically and permanently deleted.
If you have booked multiple configurators with us, these provisions apply individually to each configurator.
11. Limitations of Liability
We shall be liable without limitation in accordance with statutory provisions for damages resulting from injury to life, limb, or health arising from an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by one of our vicarious agents.
We shall also be liable for the intentional or grossly negligent breach of material contractual obligations. These are obligations whose fulfillment is essential for the provision of our services and on which you may rely. In all cases of simple negligence, we limit our liability to so-called “typical contractual” damages and to damages foreseeable to us at the time the contract was concluded.
We accept no liability beyond this.
12. Data Security
We secure the data you create in the software during the period of use and in accordance with the agreed method of use, using state-of-the-art technology.
13. Data Protection
Both contracting parties undertake to comply with the applicable legal provisions regarding the handling of personal data, in particular those set forth in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
14. Data Processing on Behalf of the Client
Since we process personal data on your behalf depending on the configuration of a configurator (e.g., when using the contact form), we offer you a Data Processing Agreement (DPA). We will provide this to you digitally once you have informed us of the data controller and the contact person for data protection matters.
15. Jurisdiction, Applicable Law
German law applies. The place of performance is our company’s registered office in Lünen. The place of jurisdiction is Dortmund. Should any individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. We will then work together to find a valid provision to replace the invalid provision(s).