General Terms and Conditions of BioSign GmbH
Version: September 2026
1. Contracting Party and Scope
1.1
These General Terms and Conditions apply to contracts concluded via the online shop of
BioSign GmbH
Brunnenstr. 21
85570 Ottenhofen
Germany
– hereinafter referred to as “BioSign”.
1.2
BioSign’s range of products and services includes in particular
a) the delivery of physical goods,
b) the provision of software for download, including the granting of software usage rights, and
c) the temporary use of server-based services, in particular the myQiu server.
1.3
These General Terms and Conditions apply to consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed professional activity.
1.4
Any deviating terms and conditions of a business customer shall only apply if BioSign has expressly agreed to their application.
2. Conclusion of the Contract in the Online Shop
2.1
The presentation of products and services in the online shop does not constitute a legally binding offer by BioSign, but an invitation to the customer to place an order.
2.2
The customer may select the desired products and services and place them in the shopping cart. During the subsequent checkout process, the customer may review and, where necessary, correct the order details.
By clicking the final order button, the customer submits a binding offer to conclude a contract for the products and services contained in the shopping cart.
2.3
An automatically generated confirmation of receipt of the order initially confirms only that the order has been received by BioSign, unless it expressly states that the contract has been accepted.
The contract is concluded when BioSign expressly accepts the order or performs the ordered service, in particular by
- dispatching the ordered goods,
- making the ordered software available for download,
- dispatching a USB licence dongle,
- activating an online licence, or
- activating myQiu access.
2.4
If BioSign is unable to accept an order, the customer will be informed accordingly. Any payments already made will be refunded without undue delay.
3. Prices and Payment
3.1
The prices stated in the online shop at the time the order is placed shall apply.
Where products or services are offered to consumers, the prices shown include statutory value added tax where applicable.
3.2
Any additional shipping costs will be displayed to the customer before the order is submitted.
No shipping costs are incurred for products that are provided exclusively in digital form.
3.3
The available payment methods and the respective payment terms will be displayed to the customer in the online shop no later than during checkout.
4. Delivery of Physical Goods
4.1
The delivery area, available delivery options and any delivery restrictions are specified in the online shop.
4.2
The applicable delivery time is stated on the relevant product page or during the ordering process.
4.3
In contracts with consumers, the risk of accidental loss or accidental deterioration of the goods generally passes to the consumer only upon delivery of the goods to the consumer or to a recipient designated by the consumer.
Any statutory exceptions, in particular where the consumer independently commissions a carrier not previously designated by BioSign, remain unaffected.
4.4
In contracts with business customers, the risk passes to the customer upon handover of the goods to the carrier commissioned with transportation, insofar as legally permissible.
4.5
BioSign asks customers to report externally visible transport damage to BioSign and the carrier as soon as reasonably possible.
Failure to report such damage does not affect the statutory rights of consumers.
5. Retention of Title
Delivered goods remain the property of BioSign until payment has been made in full.
This also applies to USB licence dongles supplied together with a software licence.
6. Software and Software Licences
6.1 Provision
Software offered by BioSign may be made available electronically for download.
Depending on the product, the licence required for the intended use of the software is provided either
- by means of a USB licence dongle supplied by BioSign, or
- by electronic activation of an online licence.
The applicable form of licensing is specified in the product description and the order.
6.2 Duration and Scope of the Software Licence
Upon full payment of the agreed fee, the customer receives a simple, non-exclusive and unlimited-in-time right to use the purchased software for its intended purpose.
The permitted number of users, workstations, installations or other units of use is specified in the relevant product description and order.
The number of installations used or activated simultaneously may not exceed the scope of the licence purchased.
6.3 USB Licence Dongle
If a USB licence dongle is required to use the software, it will be supplied to the customer as a physical item.
The dongle serves to technically activate or authenticate the corresponding software licence.
The provisions of these General Terms and Conditions relating to physical goods and the statutory rights in respect of defects shall apply additionally to the dongle.
6.4 Defective USB Licence Dongle
If a USB licence dongle is defective and the customer has statutory rights in respect of defects, subsequent performance shall be provided in accordance with the statutory provisions. The customer will not incur any additional costs for any repair or replacement required as part of statutory subsequent performance.
If statutory claims in respect of defects no longer apply, BioSign offers a replacement of the dongle for a fee in the event of a technical defect.
The applicable costs will be communicated to the customer before the replacement is commissioned.
At BioSign’s request, the defective dongle must be returned to BioSign.
6.5 Loss of a USB Licence Dongle
If a USB licence dongle is lost, BioSign will, upon request, provide the licensee with a replacement dongle for a fee, provided that the customer’s entitlement to the relevant software licence can be verified.
The replacement costs will be communicated to the customer before the replacement is commissioned.
Where technically possible, the lost dongle or the activation associated with it may be deactivated or blocked after a replacement dongle has been issued.
The loss of the dongle does not affect the unlimited duration of the software licence acquired.
6.6 Online Licences and Change of Computer
For an online licence, activation is carried out electronically via the licensing system used by BioSign.
An online licence may be transferred from one computer to another within the scope of the licence purchased.
For this purpose, the licence is generally first deactivated on the previously used computer. Where the corresponding function is available, deactivation may be carried out by the customer or by BioSign.
After successful deactivation, the licence may be activated on another computer.
If deactivation by the customer is no longer possible, in particular because the previous computer is defective, lost, decommissioned or otherwise no longer accessible, BioSign may reset the existing activation on the server after verifying the customer’s licence entitlement.
The licence may then be activated on another computer within the scope of the licence purchased.
Changing computers does not affect either the duration or the scope of the licence purchased.
6.7 Protection and Transfer of the Software Licence
Licence keys, licence files and personal access credentials must be protected against unauthorised access by third parties.
Such licence information may not be made available to persons who are not authorised to use the relevant licence.
Any rights permitted by law to transfer a software licence to a third party remain unaffected. Where such a transfer takes place, the statutory requirements and the scope of the licence purchased must be observed.
6.8 Statutory Rights of Use
Mandatory statutory rights of use remain unaffected.
This applies in particular to legally permissible backup copies and to other acts relating to computer programs that cannot lawfully be excluded by contract.
6.9 System Requirements
The technical requirements and information regarding the functionality, compatibility and, where applicable, interoperability of the software are set out in the relevant product description, documentation or information provided before conclusion of the contract.
6.10 Updates
Where BioSign is legally required to provide updates, such updates will be provided to the extent required by law. This includes necessary security updates where applicable.
The customer is responsible for installing provided updates within a reasonable period where this is possible and reasonable for the customer and provided that the customer has been properly informed about the update and the consequences of failing to install it.
7. myQiu
7.1 Subject Matter of the Contract
myQiu is a server-based service.
By purchasing a right of use referred to in the shop as a myQiu licence, the customer obtains the right to use the functions of the myQiu server described in the respective offer for the booked period.
The specific scope of functions and services is determined by the relevant product description and order.
7.2 Prepaid Model and Period of Use
myQiu is provided for a fixed period of use paid for in advance.
The specific duration is displayed to the customer before the order is placed and is specified in the product description and order.
The period of use begins on the date stated in the order or activation confirmation.
7.3 No Automatic Renewal
The myQiu period of use does not renew automatically.
Upon expiry of the prepaid period, the right of use ends automatically and access is deactivated without the customer being required to terminate the contract.
If the customer wishes to continue using myQiu thereafter, a further period of use must be purchased.
Statutory rights of withdrawal, extraordinary termination or other early termination of the contract remain unaffected.
7.4 Access Credentials
Access credentials must be protected by the customer against unauthorised access.
Personal access credentials may only be made available to persons authorised to use the service within the agreed scope of use.
BioSign should be informed without undue delay if there are indications of unauthorised use.
7.5 Availability and Maintenance
BioSign provides myQiu during the paid period of use in accordance with the agreed scope of functions.
Temporary restrictions may occur, in particular due to necessary maintenance, security measures, updates or technical disruptions for which BioSign is not responsible.
Where possible, scheduled measures that result in significant restrictions on use will be carried out in such a way as to minimise disruption.
Where a specific level of availability or service level has been expressly agreed, the relevant product-specific agreement shall apply.
The customer’s statutory rights in the event of service disruptions remain unaffected.
7.6 Updates
During the agreed period of use, BioSign provides the updates required by law, including any necessary security updates.
7.7 Changes to myQiu
BioSign may modify myQiu during an ongoing period of use beyond changes necessary to maintain contractual conformity where there is a valid reason for doing so.
Such a reason may include, in particular,
- technical developments,
- improvements to IT or data security,
- correction of errors or security risks,
- changes in legal or regulatory requirements, or
- necessary adaptation to technical interfaces, operating systems or other technical conditions.
Consumers will not incur any additional costs as a result of such changes.
BioSign will inform consumers about changes in accordance with statutory requirements.
If a change more than insignificantly impairs a consumer’s access to or use of the service, the legally required information will be provided on a durable medium within a reasonable period before the change.
The consumer’s statutory rights arising from such a change remain unaffected.
7.8 End of the Period of Use
At the end of the booked period of use, access to myQiu will be deactivated.
The customer’s statutory rights in relation to content provided or created by the customer during use remain unaffected. This applies in particular to statutory claims of consumers for the provision of such content following termination of the contract.
The processing and retention of personal data are governed by applicable data protection law and BioSign’s Privacy Policy.
8. Rights in Respect of Defects
8.1 Physical Goods
The statutory rights in respect of defects apply to physical goods supplied by BioSign.
For merchants, the statutory duties to inspect goods and give notice of defects, in particular pursuant to Section 377 of the German Commercial Code (HGB), shall additionally apply.
8.2 Digital Products
For consumers, the statutory provisions governing digital products, in particular Sections 327 et seq. of the German Civil Code (BGB), apply to digital content and digital services.
If a digital product is defective, consumers are entitled to the statutory remedies. Subject to the applicable statutory requirements, these include in particular subsequent performance, price reduction, termination of the contract and damages.
Mandatory statutory rights are not restricted by these General Terms and Conditions.
9. Right of Withdrawal for Consumers
9.1 General Provisions
Consumers generally have the statutory right of withdrawal in distance contracts unless otherwise provided by law.
Details regarding the requirements, time limits, exercise and legal consequences of the right of withdrawal are set out in BioSign’s separate Withdrawal Policy.
BioSign also provides consumers with the legally required electronic withdrawal facility via its website.
9.2 Download Software and Software Licences
For paid download software, BioSign does not make use of the statutory option to cause the consumer’s right of withdrawal to expire solely as a result of commencing provision before expiry of the withdrawal period.
The consumer may therefore exercise the applicable right of withdrawal in accordance with the Withdrawal Policy even if the software has already been made available for download or an online licence has already been activated.
9.3 Consequences of Withdrawal for Software
Following effective termination of a contract for a digital product, the consumer may no longer use the relevant digital product or make it available to third parties.
BioSign may technically prevent further use to the extent permitted by law, in particular by deactivating an online licence.
Where a USB licence dongle has been supplied, its return and the other legal consequences of withdrawal are governed by the statutory provisions and the Withdrawal Policy.
9.4 myQiu
The statutory provisions regarding the right of withdrawal apply to contracts for the temporary use of myQiu.
Details are set out in BioSign’s Withdrawal Policy.
10. Liability
10.1
BioSign shall have unlimited liability
a) in cases of intent and gross negligence,
b) for damage resulting from injury to life, body or health,
c) under the German Product Liability Act, and
d) where BioSign has expressly provided a guarantee.
10.2
In the event of a slightly negligent breach of an essential contractual obligation, BioSign shall be liable for the foreseeable damage typical for the contract.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the contractual partner may regularly rely.
10.3
In all other respects, BioSign’s liability for damage caused by slight negligence is excluded to the extent permitted by law.
10.4
Mandatory statutory claims, in particular consumer claims under the statutory provisions governing digital products, remain unaffected.
11. Data Protection
Information on the processing of personal data by BioSign, in particular in connection with orders, online licensing and the use of myQiu, is contained in BioSign’s current Privacy Policy.
12. Applicable Law
12.1
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2
In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
13. Place of Jurisdiction for Business Customers
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from the contractual relationship shall, to the extent legally permissible, be the registered office of BioSign GmbH.
14. Consumer Dispute Resolution
BioSign is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. Language Versions
These General Terms and Conditions are provided in German and in translations, in particular in English and Spanish.
The German version is the authoritative original version. The translations are provided for information and to facilitate understanding.
In the event of any discrepancy or inconsistency between the German version and a translation, the German version shall prevail to the extent permitted by law.
Mandatory statutory rights and consumer protection provisions, in particular those of the country in which a consumer has their habitual residence, remain unaffected.
16. Final Provisions
If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of any invalid provision.