{"id":719,"date":"2023-08-23T08:20:51","date_gmt":"2023-08-23T08:20:51","guid":{"rendered":"https:\/\/www.securus-m.de\/agb\/"},"modified":"2026-09-03T08:52:20","modified_gmt":"2026-09-03T08:52:20","slug":"gtc","status":"publish","type":"page","link":"https:\/\/www.securus-m.de\/en\/gtc\/","title":{"rendered":"AGB"},"content":{"rendered":"\t\t
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General Terms and Conditions of SECURUS IoT Monitoring GmbH<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Status: February 2025<\/strong><\/p>

1. General Provisions, Scope and Formation of Contract<\/strong>
1.1. Parties and Subject Matter
This contract governs the legal relationship between SECURUS IoT Monitoring GmbH, Am Farmb\u00f6ddel 7a, D-24623 Gro\u00dfenaspe\/Germany (\u201cSECURUS IoT Monitoring GmbH\u201d) and its customer (\u201cCustomer\u201d) with regard to the provision of the Securus solution. The Securus solution consists of a gateway to which various sensors can be connected and a cloud-based software for use via the Internet (Software as a Service). It also includes the sale of hardware. SECURUS IoT Monitoring GmbH does not provide its services to consumers, but exclusively for the purposes of the customer\u2019s commercial or independent professional activity. These General Terms and Conditions do not apply to contracts with consumers.

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1.2. No Deviating Terms
The validity of deviating provisions or provisions that go beyond these provisions shall be excluded unless SECURUS IoT Monitoring GmbH has confirmed this in writing. This applies in particular to the customer\u2019s general terms and conditions, even if SECURUS IoT Monitoring GmbH accepts an order from the customer in which the customer refers to its general terms and conditions and\/or the customer\u2019s general terms and conditions are attached and SECURUS IoT Monitoring GmbH does not object to them. Individual agreements between SECURUS IoT Monitoring GmbH and the customer shall always take precedence.

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1.3. Formation of the Contract
The contract is concluded when the customer and SECURUS IoT Monitoring GmbH sign a service certificate or an EVB-IT contract.

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1.4. The text of the contract is stored by SECURUS IoT Monitoring GmbH after the conclusion of the contract, but is not publicly accessible. The Customer may access, save and print these General Terms and Conditions.

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1.5. The contractual language is German.<\/p>


2. Services of SECURUS IoT Monitoring GmbH<\/b>

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2.1. Right of Use
SECURUS IoT Monitoring GmbH provides the customer with the software solution (\u201cSecurus\u201d) designated and described in the service certificate or EVB-IT contract for use via the Internet (\u201cService\u201d). The software is operated on servers of a data center used by SECURUS IoT Monitoring GmbH. For the term of this contract, the customer shall receive the non-exclusive and non-transferable right to access the software by means of a browser and an Internet connection and to use it for his own business purposes exclusively in the exercise of his commercial or independent professional activity. This includes the right to temporarily store program codes (e.g. JavaScript) on the user\u2019s computer (e.g. in the working memory or browser cache) to the extent necessary for this purpose and to execute them there. The right of use is limited to the maximum number of locations booked by the customer in accordance with the service certificate or EVB-IT contract. The Customer may not grant third parties the right to use the Service or otherwise make the Service available to third parties.

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2.2. Availability
SECURUS IoT Monitoring GmbH provides the Securus solution to the customer in accordance with the service description in the service level agreement or EVB-IT contract. The customer is responsible for the Internet connection between the customer and the data center as well as the hardware and software required for this (e.g. PC, network connection, browser). SECURUS IoT Monitoring GmbH provides its services at the connection point of the data center it uses to the Internet.

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2.3. Setup
The customer is responsible for the initial setup of the Securus solution (individual settings or input\/import of data). SECURUS IoT Monitoring GmbH is not obliged to modify the Securus solution, in particular to reprogram it according to the customer\u2019s wishes. Any such services must be agreed upon and remunerated separately.

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2.4. Support
SECURUS IoT Monitoring GmbH provides free telephone and e-mail support to assist with the use of the Securus solution. The support does not include: general know-how transfer, training, configuration and implementation or customer-specific documentation or customization of the software.

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2.5. Documentation
Unless otherwise agreed, SECURUS IoT Monitoring GmbH does not owe the provision of user documentation. Other documentation, training or instruction services shall be agreed and remunerated separately.

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2.6. Changes to the Services
The customer is aware that the Securus solution is a standard software that is provided as a software-as-a-service service and that a large number of customers access a central system. The economies of scale resulting from such a multi-tenancy model can only be exploited if it is a standardized software product that can also be further developed. The parties therefore agree: SECURUS IoT Monitoring GmbH may change the service (including the system requirements) for good cause. Good cause exists in particular where the change is required due to (i) a necessary adjustment to new legislation or case law, (ii) changes in technical conditions, such as new browser versions or technical standards, or (iii) the need to protect system security. In addition, SECURUS IoT Monitoring GmbH may make appropriate changes to the service as part of further development of the software (e.g. deactivation of old functions that have been largely replaced by new ones). SECURUS IoT Monitoring GmbH shall inform the customer of any changes that are not only insignificantly disadvantageous to him in good time, usually two weeks before they come into effect, by e-mail. The Customer shall be deemed to have consented to such a change unless the Customer objects to the change in writing or by email no later than the date on which the change takes effect. When announcing the change, SECURUS IoT Monitoring GmbH will point out this legal consequence again separately. No change shall be made if it would materially disrupt the contractual balance between the parties to the Customer\u2019s detriment.

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2.7. Sale of Hardware
Insofar as SECURUS IoT Monitoring GmbH submits an offer to a customer for the purchase of hardware and unless otherwise agreed, SECURUS IoT Monitoring GmbH shall be bound by the offer for a period of two weeks after submission. A longer binding period may be agreed in individual cases. A purchase agreement and any other agreements shall in all cases be concluded only upon signature of a contract. Unless expressly agreed otherwise, the documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate.

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2.8. Terms of Delivery for Hardware
The delivery period is agreed individually or specified by SECURUS IoT Monitoring GmbH upon acceptance of the order, but depends on half of the invoice being paid. Any stated delivery periods are non-binding estimates, even if communicated in writing. The expiry of certain delivery dates shall not release the customer from the obligation to set a reasonable grace period; this shall not apply if SECURUS IoT Monitoring GmbH has expressly designated a deadline or a date as a binding delivery date in writing.
If SECURUS IoT Monitoring GmbH is unable to meet binding delivery deadlines for reasons for which it is not responsible (non-availability of the service), it shall inform the customer of this immediately and at the same time notify the customer of the expected new delivery deadline. If the service is also not available within the new delivery period, SECURUS IoT Monitoring GmbH shall be entitled to withdraw from the contract in whole or in part; any consideration already provided by the customer shall be refunded immediately.
Partial deliveries are permitted, provided they are not unreasonable for the Customer.

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2.9. Retention of Title
SECURUS IoT Monitoring GmbH retains title to the goods until the purchase price has been paid in full. The following provisions apply only to commercial transactions: The Customer may neither pledge the delivered goods nor transfer title to them by way of security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify SECURUS IoT Monitoring GmbH immediately.
In the event of breach of contract by the customer, in particular in the event of non-payment of the purchase price due, SECURUS IoT Monitoring GmbH shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the customer does not pay the purchase price due, SECURUS IoT Monitoring GmbH may only assert these rights if SECURUS IoT Monitoring GmbH has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable under the statutory provisions.
The customer is entitled to resell the reserved goods in the ordinary course of business, provided that the claims arising from the resale are transferred to SECURUS IoT Monitoring GmbH as follows:
The customer hereby assigns to SECURUS IoT Monitoring GmbH all claims including all ancillary rights arising from the resale against the purchaser or third parties up to the amount of the purchase price claim. The Customer shall remain authorized to collect this claim even after the assignment. The authorization of SECURUS IoT Monitoring GmbH to collect the claims itself shall remain unaffected by this; however, SECURUS IoT Monitoring GmbH undertakes not to collect the claims as long as the customer meets its payment obligations. SECURUS IoT Monitoring GmbH may demand that the customer informs SECURUS IoT Monitoring GmbH of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor of the assignment. In all cases, the aforementioned security interests shall automatically lapse as soon as their value exceeds the secured claims by more than 10%.

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3. Remuneration and Default in Payment
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3.1. Fee Structure
The customer shall owe SECURUS IoT Monitoring GmbH the remuneration agreed in the service certificate or EVB-IT contract for the use of the Securus solution during the term of the contract. The remuneration may consist of a one-time setup fee, a fixed monthly base fee and a monthly usage fee based on the number of usage units booked.

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3.2. Accrual of the Base Fee and Usage Fee
The base fee and usage fee are payable in advance immediately upon conclusion, amendment or renewal of the contract and thereafter on the same calendar day of each subsequent month. An increase of the booked locations (or change to a higher service package) is possible at any time, a reduction (or change to a lower service package) is only possible with effect from the end of the basic or an extension term or before with the consent of SECURUS IoT Monitoring GmbH. If the number of booked locations is increased during the basic term or a renewal term, the additional fees shall be invoiced on a pro rata basis. The prices according to the SECURUS IoT Monitoring GmbH price list valid at the time of ordering the additional usage units shall apply to the additional usage units.

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3.3. Invoicing
SECURUS IoT Monitoring GmbH shall invoice the prices and fees upon conclusion of the contract, contract amendment or contract extension and otherwise monthly in advance. The invoice amount is payable within 10 days. Invoicing takes place online by uploading the invoice as a downloadable and printable PDF file in the customer menu or sending it by e-mail (\u201conline invoice\u201d). The Customer shall have no entitlement to digitally signed invoices pursuant to Section 14(3) of the German Value Added Tax Act (UStG). An online invoice shall be deemed received by the Customer once it is available for retrieval in the Customer menu and has therefore entered the Customer\u2019s sphere of control, or upon receipt of the email, as applicable. SECURUS IoT Monitoring GmbH reserves the right to issue invoices by post as an alternative to online invoicing. However, the customer shall only be entitled to receive an invoice by post if the customer requests the invoice from SECURUS IoT Monitoring GmbH and pays the agreed fee (currently EUR 1.45 per individual invoice).

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3.4. Payment Method
Invoice amounts shall be paid by bank transfer, SEPA direct debit or PayPal.

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3.5. Commencement of Use
The use of the Securus solution is only permitted and possible after receipt of the invoice amount by SECURUS IoT Monitoring GmbH.

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3.6. Purchase Prices for Hardware
Unless otherwise agreed in an individual case, 50% of the invoice amount for hardware sold shall be payable in advance, with the remaining amount due within ten days. The hardware will only be shipped to the address specified in the contract after receipt of the invoice amount by SECURUS IoT Monitoring GmbH.

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3.7. Net Prices
All prices are exclusive of the applicable statutory value added tax.

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3.8. Default in Payment
If the customer is in default of payment, SECURUS IoT Monitoring GmbH shall be entitled to default interest in the amount of 9 percentage points above the base interest rate. SECURUS IoT Monitoring GmbH shall be entitled to prove higher damages caused by default. The customer shall be obliged to reimburse SECURUS IoT Monitoring GmbH for reminder fees in the amount of EUR 40 in accordance with Section 6. \u00a7 288 BGB. If the customer defaults on payment of the remuneration or a not insignificant part of the remuneration for two calendar months; or in a period extending over more than two months on payment of the remuneration in an amount equal to twice the monthly basic fee plus usage fee, SECURUS IoT Monitoring GmbH shall be entitled to block access to the Securus solution or to terminate the contract extraordinarily after issuing a corresponding warning by e-mail or letter. During the blocking period, the customer has no access to the data stored in the Securus solution. In the event of termination, Clause 9.4 shall apply. Otherwise, SECURUS IoT Monitoring GmbH may claim damages in accordance with the statutory provisions.

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4. Duties and Obligations of the Customer<\/b>

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4.1. Backup copies
It is the customer\u2019s responsibility to keep copies of the data entered by him and to make regular backup copies (e.g. transfer of data from the SECURUS system to internal systems). If the customer violates this obligation to make proper data backups, SECURUS IoT Monitoring GmbH\u2019s liability for data loss shall be limited to the amount of damage that would have occurred even if the customer had made proper, regular data backups.

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4.2. Lawful Use
The customer shall only use the SECURUS product within the scope of the contractual and statutory provisions and shall not infringe any third-party rights when using the product. In particular, the customer shall observe the regulations on data protection, competition law and copyright law when using the product and shall not import any harmful or illegal data or misuse the product in any other way. Customers may not use any mechanisms, software or other scripts in connection with the use of the product that may interfere with the functioning of the software. Customers may also not take any measures that could result in an unreasonable or excessive load on the infrastructure, block, overwrite or modify content generated by SECURUS IoT Monitoring GmbH or interfere with the system in any other way.

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4.3. System Requirements and Duty to Cooperate
Requirements for hardware and software at the customer\u2019s premises as well as organizational requirements and the customer\u2019s duty to cooperate are regulated in the service contract or in a separate service description. Unless otherwise specified, the customer must use a current version of a common browser such as Google Chrome, Firefox, Microsoft Edge or Safari. Additional specific requirements for the use of SECURUS are described in the respective documentation of the product.

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4.4. Security and access control
Every customer is obliged to inform SECURUS IoT Monitoring GmbH immediately if there are indications that their access has been misused. Each customer shall be liable for all activities carried out using his access and shall indemnify SECURUS IoT Monitoring GmbH against any claims for damages by third parties, unless the customer is not responsible for the misuse.

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4.5. Tax-relevant data
The customer is responsible for storing tax-relevant data in accordance with the statutory requirements (in particular the provisions of commercial and tax law). The customer is aware that the SECURUS product does not meet the requirements of the \u201cPrinciples of Data Access and Verifiability of Digital Documents (GDPdU)\u201d. Therefore, the customer is responsible for fulfilling any tax law requirements through external archiving or documentation systems.

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5. Customer Data and Data Protection<\/b>

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5.1. Customer Data
The data entered by the customer when using the SECURUS product (e.g. device data, status information, messages) and the data generated in the process and attributable to the customer (e.g. warning messages, logs) (collectively \u201ccustomer data\u201d) are the exclusive property of the customer.

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5.2. Use of Customer Data
The customer hereby grants SECURUS IoT Monitoring GmbH the non-exclusive, worldwide, free-of-charge right, limited to the term of this contract, to use the customer data for the purpose of providing the SECURUS product, in particular to store it in a data center operated by SECURUS IoT Monitoring GmbH. SECURUS IoT Monitoring GmbH shall also remain entitled to use the customer data in aggregated or statistical form for error analysis and further development of the functions of the software as well as for anonymized evaluations and benchmarks.

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5.3. Data Processing on Behalf of the Customer
Insofar as the customer data is personal data, the following applies: SECURUS IoT Monitoring GmbH processes the customer data as a processor within the meaning of applicable data protection regulations exclusively on behalf of and in accordance with the instructions of the customer and exclusively for the purpose of providing the SECURUS product. The Customer shall remain responsible for the lawfulness of the collection, processing and use of Customer Data in accordance with applicable data protection laws. Details are regulated in an order processing contract concluded between SECURUS IoT Monitoring GmbH and the customer.

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5.4. Data Protection Information
Details on the collection, processing and use of personal data by SECURUS IoT Monitoring GmbH are described in the data protection information. These are available at https:\/\/www.securus-m.de\/datenschutz\/. However, the customer is obliged to create its own supplementary data protection information and provide it to the end customer if the customer requests personal data such as name, e-mail address or device data via the SECURUS product.

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6. Claims for Defects<\/b>

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6.1. Freedom from Defects and Agreed Quality
SECURUS IoT Monitoring GmbH shall provide the SECURUS product and the delivery of associated hardware free of material defects and defects of title and shall maintain the software in a condition suitable for use in accordance with the contract during the term of the contract. The contractually agreed quality of the hardware and software shall be determined exclusively by the specification contained in the service contract or in the service description, but not by information on the website, oral or written statements made by SECURUS IoT Monitoring GmbH prior to the conclusion of the contract or information contained in marketing materials. The obligation to maintain the software does not include the adaptation of the software to changed conditions of use or technical and functional developments, such as changes to the IT environment, hardware or operating systems, adaptation to the functional scope of competing products or establishing compatibility with new data formats.

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6.2. Remedy of Defects
The customer shall report any defects in the SECURUS product to SECURUS IoT Monitoring GmbH without delay and explain the detailed circumstances of their occurrence. SECURUS IoT Monitoring GmbH shall remedy the defect within a reasonable period of time. It is entitled to show the customer temporary workarounds and to eliminate the defect later by adapting the software, provided this is reasonable for the customer.

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6.3. Initial Defects
Strict liability for defects existing at the time the contract is concluded pursuant to Section 536a(1), first alternative, of the German Civil Code (BGB) is excluded.

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6.4. Limitation Period
Claims for defects shall become time-barred after 12 months. This does not apply in the case of claims for damages for defects, insofar as SECURUS IoT Monitoring GmbH is liable\u00a0by law.<\/span><\/p>

6.5. Statutory Provisions
In all other respects, the statutory provisions governing liability for defects shall apply.

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6.6. Provision Free of Charge
Insofar as SECURUS IoT Monitoring GmbH provides services free of charge (e.g. during a test phase), the provisions on lending shall take precedence. This means in particular that SECURUS IoT Monitoring GmbH\u2019s liability for defects is limited to fraudulent intent in accordance with Section 600 BGB, liability is limited to intent and gross negligence in accordance with Section 599 BGB and there is a shortened limitation period of six months in accordance with Section 606 BGB.

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7. Indemnification Obligations
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7.1. Duty to Indemnify
If third parties (including public authorities) assert claims or legal violations against SECURUS IoT Monitoring GmbH based on the allegation that the customer has violated its contractual obligations, in particular that it has imported illegal data into the SECURUS product or used the product in an anti-competitive or otherwise illegal manner, the following shall apply: The customer shall immediately indemnify SECURUS IoT Monitoring GmbH against such claims, provide SECURUS IoT Monitoring GmbH with reasonable support in the legal defense and indemnify SECURUS IoT Monitoring GmbH against the costs of the legal defense.

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7.2. Conditions for the Duty to Indemnify
A prerequisite for the indemnification obligation under Section 7.1 is that SECURUS IoT Monitoring GmbH immediately informs the customer in writing of any claims asserted, does not make any acknowledgements or equivalent declarations and enables the customer to conduct all judicial and extrajudicial negotiations on the claims at the customer\u2019s expense \u2013 as far as possible.

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8. Limitation of Liability
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8.1. Exclusion of Liability in Certain Cases
SECURUS IoT Monitoring GmbH shall be liable without limitation outside the warranty for defects for damage caused intentionally or through gross negligence on the part of SECURUS IoT Monitoring GmbH. SECURUS IoT Monitoring GmbH shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. SECURUS IoT Monitoring GmbH shall not be liable for the slightly negligent breach of other obligations. In all other respects, the liability of SECURUS IoT Monitoring GmbH is excluded, irrespective of the legal basis, unless SECURUS IoT Monitoring GmbH is liable by law, in particular for injury to life, body or health of a person, assumption of an express guarantee, fraudulent concealment of a defect or under the Product Liability Act. Guarantees by SECURUS IoT Monitoring GmbH shall only be made in writing and, in case of doubt, shall only be interpreted as such if they are designated as a \u201cguarantee\u201d.

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8.2. Amount of the typically foreseeable damage
The parties assume that the \u201ctypically foreseeable damage\u201d for all cases of damage occurring in a calendar year corresponds at most to the net remuneration for the services of SECURUS IoT Monitoring GmbH that is provided for or incurred for this calendar year in accordance with the agreement (whichever of these two amounts is higher).

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8.3. Free Trial Period
The liability of SECURUS IoT Monitoring GmbH is limited to intent and gross negligence for damages caused during a free trial period or other free provision of the product.

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8.4. Employees and representatives of SECURUS IoT Monitoring GmbH
The limitations of liability in Clauses 8.1 to 8.4 also apply to claims against employees and agents of SECURUS IoT Monitoring GmbH.

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9. Term and Termination
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9.1. Term
Depending on the customer\u2019s order, the contract for the SECURUS product is concluded for a specific term (\u201cbasic term\u201d) and is then automatically extended by the same period (\u201cextension term\u201d) if the contract is not terminated by either party with four (4) weeks\u2019 notice (\u201cnotice period\u201d) to the end of the basic term or an extension term. Unless otherwise agreed, the basic term and each renewal term shall be twenty-four (24) months. The right to terminate for good cause shall remain unaffected.

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9.2. Form of Notice
Notice of termination must be given in writing.

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9.3. Data upon Termination of the Contract
At the end of the contract term, the customer can no longer access their customer data (e.g. device data or logs). It is the customer\u2019s responsibility to export the data before the end of the contract term using the export function of the SECURUS product and to save it for further use. SECURUS IoT Monitoring GmbH shall only be obliged to release the customer data beyond this (e.g. provision as an SQL dump or in a specific format) if this is agreed and remunerated separately. At the end of the contract, SECURUS IoT Monitoring GmbH shall delete the customer data, unless SECURUS IoT Monitoring GmbH is legally obliged to retain it. If deletion is only possible with disproportionate effort (e.g. in backups), SECURUS IoT Monitoring GmbH shall be entitled to block the data.

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10. Final Provisions<\/b>

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10.1. Service certificate or EVB-IT contract
The Service Certificate or an EVB-IT contract forms part of the contract. In the event of a conflict between these General Terms and Conditions and the Service Certificate or EVB-IT contract, the provisions of the Service Certificate or EVB-IT contract shall prevail.

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10.2. Set-Off
The customer may only offset or assert a right of retention with claims other than its contractual counterclaims from the respective legal transaction concerned if this claim is undisputed by SECURUS IoT Monitoring GmbH or has been legally established. In the event of defects, the Customer\u2019s corresponding rights shall remain unaffected, in particular the right to withhold a portion of the remuneration that is reasonable in relation to the defect.

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10.3. Written Form
Any amendments to this contract must be made in writing. This also applies to any waiver of the written-form requirement.

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10.4. Governing Law
This contract and all disputes arising out of or in connection with it, whether contractual or tortious, shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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10.5. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of SECURUS IoT Monitoring GmbH. SECURUS IoT Monitoring GmbH shall remain entitled to sue at the customer\u2019s registered office.

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10.6. Severability
Should any individual provision of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the provision that the parties would, acting in good faith and taking an economic view, have agreed in light of the purpose originally intended. The same shall apply in the event of a contractual omission.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

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