DevArena GmbH — As of: April 14, 2026
(1) These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between DevArena GmbH, Wolfgang-Reuter-Str. 20a, 58300 Wetter (Ruhr), registered in the Commercial Register of the Local Court of Hagen under HRB 13808, represented by the managing directors Christoph Swoboda and Nicolas Asbeck (hereinafter "DevArena" or "Provider") and its customers (hereinafter "Client" or "Customer").
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law.
(3) These GTC apply to the provision of Software as a Service (SaaS), in particular the DevCourt Assessment Platform, to consulting services in the field of Human Resources, and to the development and operation of customer-specific white-label solutions.
(4) Deviating, conflicting or supplementary general terms and conditions of the Client shall not become part of the contract unless DevArena has expressly agreed to their validity in writing.
(5) Individual agreements with the Client take precedence over these GTC.
(1) Offers from DevArena are non-binding and subject to change unless expressly marked as binding.
(2) The contract is concluded through written order confirmation by DevArena or by commencement of service provision.
(3) The contract language is German.
(1) DevArena provides the following services:
(2) The specific scope of services is defined in the respective service description, the offer and the order confirmation.
(3) DevArena is entitled to have services provided by qualified subcontractors.
(4) DevArena is obliged to provide services according to the state of the art. A specific quality or suitability for a particular purpose is only owed if this has been expressly agreed in writing.
(1) DevArena provides the Client with the contractually agreed software solution for use via the Internet.
(2) Use is for a contractually agreed, time-defined term (subscription model with fixed term). The contract ends automatically upon expiry of the agreed term without the need for termination.
(3) DevArena guarantees an availability of the SaaS platform of 98% on an annual average. This excludes maintenance work, force majeure and failures that are not within DevArena's sphere of influence.
(4) Planned maintenance work will be announced to the Client in good time and, where possible, carried out outside normal business hours (Mon-Fri, 9am-6pm).
(5) The Client receives access data for use of the platform. This must be treated confidentially and may not be passed on to third parties.
(6) The Client is responsible for backing up their own data unless expressly agreed otherwise.
(1) When developing customer-specific white-label solutions, services are provided according to the individually agreed specifications.
(2) The Client participates in the development, in particular by providing the necessary information, materials and approvals in a timely manner.
(3) Change requests by the Client after approval of the specification may lead to additional costs and delays and will be remunerated separately.
(1) Consulting services are provided on the basis of daily rates or hourly rates according to prior agreement.
(2) Consulting is provided to the best of our knowledge and belief. However, DevArena does not owe any specific economic success.
(1) The Client provides DevArena with all information, documents and access required for the provision of services in a timely and complete manner.
(2) The Client appoints a technically qualified contact person who is authorized to make decisions and approvals.
(3) Delays due to obligations to cooperate that have not been fulfilled or have been fulfilled late are not attributable to DevArena and may lead to postponements and additional costs.
(1) All rights to the software provided and all work results remain with DevArena unless expressly agreed otherwise.
(2) The Client receives a non-exclusive, non-transferable right of use for the contract term to the contractually agreed extent.
(3) For white-label solutions, usage rights are individually agreed.
(4) Transfer, rental or other provision of the software to third parties is not permitted without prior written consent from DevArena.
(1) The prices valid at the time of ordering apply. All prices are net plus the applicable statutory value added tax.
(2) Invoices are due for payment within 14 days of the invoice date without deduction.
(3) The following payment methods are accepted:
(4) In the event of default in payment, the statutory provisions apply. DevArena is entitled to charge default interest at 9 percentage points above the base rate.
(5) In the event of default in payment, DevArena is entitled to suspend the provision of services until full payment has been made.
(6) The Client is only entitled to offset rights if their counterclaims have been legally established, are undisputed or have been recognized by DevArena.
(1) The contract term results from the individual agreement and is defined in advance.
(2) The contract ends automatically upon expiry of the agreed term. Termination is not required.
(3) An extension of the contract requires a new express agreement.
(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of:
(5) Upon termination of the contract, all usage rights of the Client expire. DevArena is entitled to delete all data of the Client unless there are statutory retention obligations to the contrary.
(1) DevArena processes personal data within the framework of legal provisions, in particular the GDPR. Details are regulated in the privacy policy at www.devarena.de/datenschutzerklärung.
(2) Insofar as DevArena processes personal data on behalf of the Customer, a separate data processing agreement (DPA) will be concluded in accordance with Art. 28 GDPR.
(3) Both parties undertake to keep secret all confidential information that becomes known in the course of the business relationship and to use it only for contractual purposes.
(4) Data protection requests should be directed to: daten@devarena.de
(5) Security incidents should be reported to: security@devarena.de
(1) DevArena warrants that the services provided have the agreed quality and are free from legal and material defects.
(2) The Client is obliged to report recognizable defects immediately in writing.
(3) In the event of justified complaints about defects, DevArena is initially entitled to supplementary performance (rectification or replacement delivery). Supplementary performance is at the discretion of DevArena.
(4) If supplementary performance fails after a reasonable period, the Client may, at their discretion, demand a reduction or withdraw from the contract.
(5) Claims for defects become statute-barred after 12 months from the provision of services, unless longer periods are mandatory by law.
(6) The respective license conditions apply to open source components. DevArena does not assume any warranty for third-party open source software.
(1) DevArena is liable without limitation
(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), DevArena's liability is limited in amount to the contract-typical, foreseeable damage. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Client regularly relies and may rely.
(3) Otherwise, DevArena's liability is excluded.
(4) The above limitations of liability also apply to the personal liability of DevArena's employees, representatives and vicarious agents.
(5) DevArena is not liable for loss of data insofar as the damage is based on the Client's failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
(1) Force majeure and other unforeseeable, extraordinary and unavoidable events (e.g. pandemics, natural disasters, war, strike, official orders) release the parties from their performance obligations for the duration of the disruption and to the extent of their effect.
(2) The affected party is obliged to inform the other party immediately about the occurrence and the expected duration.
(1) DevArena is entitled to name the Client as a reference customer and to use the Client's logo for marketing purposes unless the Client objects.
(2) The objection can be declared at any time in writing by email to info@devarena.de.
(1) DevArena reserves the right to change these GTC for future contracts.
(2) Existing contracts are not affected by changes to the GTC unless the Client expressly agrees to the amended GTC.
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Hagen, provided that the Client is a merchant, a legal entity under public law or a special fund under public law.
(3) Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
(4) Amendments and supplements to these GTC and all agreements require written form to be effective. This also applies to the waiver of the written form requirement. Transmission by email is sufficient.
(5) The place of performance for all services is Wetter (Ruhr) unless otherwise agreed.
(1) Insofar as end users (participants) use the platform on behalf of the B2B customer within the framework of the DevCourt Assessment Platform or other offers, this takes place exclusively within the framework of the business relationship between DevArena and the B2B customer.
(2) The B2B customer is responsible for informing and, if necessary, obtaining the consent of the participants regarding data processing.
(3) There is no direct contractual relationship between DevArena and the participants unless expressly agreed otherwise.
(4) Separate terms of use may apply for future in-app offers to end users (B2C).
DevArena GmbH
Wolfgang-Reuter-Str. 20a, 58300 Wetter (Ruhr), Germany
Represented by: Managing Directors: Christoph Swoboda, Nicolas Asbeck
Contact: Email: info@devarena.de
Data protection requests: daten@devarena.de
Security incidents: security@devarena.de
Register entry: Local Court Hagen, HRB 13808
Registered office: Wetter (Ruhr)
Tax number: 5348/5724/8552
VAT ID: DE460566082