Terms and Conditions for tesa® 360

scribos offers new benefits from digitalization consisting of unique marking solutions, verification tools and an online validation platform as well as other frontends such as direct database interfaces or apps. scribos offers the digital elements of its security and validation solutions for companies to choose and subscribe to the Web & App Solutions they wish to use under one contractual framework.



I. SCOPE OF APPLICATION, STRUCTURE

1.1.        These Terms and Conditions for tesa® 360 (“tesa 360 T&C”) apply to the client’s use of Web & App Solutions provided by tesa scribos GmbH, Sickingenstraße 65, 69126 Heidelberg (“scribos”). By ordering Web & App Solutions, the Client agrees to the application of the tesa 360 T&C valid at the time of order. scribos does not recognize any deviating terms and conditions of the Client unless scribos expressly agrees in writing.

1.2.        The tesa 360 T&C consist of General Terms and Special Provisions for the respective Web & App Solution (Exhibit 1-6). The provisions of the respective Exhibits apply to both parties only if the Client has ordered the respective Exhibit.

1.3.        In case of conflict, the tesa 360 T&C shall prevail over tesas’ Conditions of Sale and the Specific Provisions, unless otherwise expressly agreed in one of the Exhibits referring to the Section of the tesa 360 T&C to be amended.

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§ 1 Definitions, Interpretations

1.1.        In these tesa 360 T&C, unless the context otherwise requires, the following expressions shall have the following meanings:

1.1.1.       “Affiliates” means legally independent entities that are controlled either directly or indirectly by a Party, that control a Party either directly or indirectly, that belong to the group of companies or are affiliated companies within the meaning of Section 15 of the German Stock Corporation Act. Control means either direct or indirect ownership of more than 50% of the shares or otherwise controlling either directly or indirectly more than 50% of the voting rights.

1.1.2.       “Agreement” means the agreement between scribos and the Client regarding the Web & App Solutions.

1.1.3.       “API” means an application programming interface that scribos may make available for Web & App Solutions.

1.1.4.       “Availability” is defined as Availability in % = [(Uptime –Downtime) / Uptime] 1 100.

1.1.5.       “Business Day” means Monday through Friday except for legal holidays in Heidelberg; Germany.

1.1.6.       “Business Hours” means 9am to 5pm in Heidelberg, Germany.

1.1.7.       “Downtime” means any non-availability of the Web & App Solutions outside of Maintenance.

1.1.8.       “Force Majeure” means an unforeseen event, which is beyond the reasonable control of the affected Party to the extent such an event prevents or delays the affected Party from fulfilling its obligations under these tesa 360 T&C of Use or leads to a malfunction, defect or failure of any scribos Product and the affected Party is not the direct or indirect cause of such an event and is unable to prevent or remove such an event; Force Majeure includes circumstances like Acts of God, war, riot, implementation of sanctions or embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain export licenses or shortages of transportation, facilities, fuel, energy, labor or materials.

1.1.9.       “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

1.1.10.     “General Terms” means the general part of these tesa 360 T&C.

1.1.11.     “Intellectual Property” or “IP” means any patents, copyright, design right, trademark, service mark, logo, database right, trade secret, patent applications, rights in inventions, know-how and/or other present or future intellectual property right of any type.

1.1.12.     “Maintenance” means maintenance services performed by scribos on the Web & App Solutions.

1.1.13.     “Open Source License” means the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL) or substantially similar licenses.

1.1.14.     “Open Source Software” means any software that is distributed as "free software", "open source software" (a) under an Open Source License, or (b) is distributed subject to a requirement that, as a condition of the modification, distribution or other use of such software, the licensee of such software grants, or purports to grant, to any third party, rights or immunities under Intellectual Property owned by such licensee in any derivative works on the same terms and conditions as for such software, including that, as a condition of the modification, distribution or other use of such software, that any software incorporated into, derived from or distributed with such software be (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works or (iii) redistributable at no charge or minimal charge, in each case to any third parties.

1.1.15.     “Specific Provisions” means the Exhibits 1-6 to the General Provisions. The Exhibits form part of the tesa 360 T&C and any reference to the tesa 360 T&C includes the Exhibits.

1.1.16.      “Term” means the Agreement’s term as set forth in § 13 or the Exhibits.

1.1.17.     “Uptime” means the total number of hours in any month less the number of hours of Maintenance for that month.

1.1.18.     “VAT” means value-added tax.

1.1.19.     “Web & App Solution” means a digital offering by scribos for supporting brand security and digitalization concepts.

1.2.        Words importing gender shall include all genders; words denoting the singular shall include the plural; words denoting persons include incorporated and unincorporated bodies, and in each case vice versa, unless the context requires otherwise.

1.3.        Reference to any regulation, directive, statute, statutory provision or statutory instrument includes a reference to that regulation, directive, statute, statutory provision or statutory instrument together with all rules and regulations made under them and as from time to time amended, consolidated or re-enacted.

1.4.        A reference to “writing” or “written” includes e-mail unless explicitly mentioned otherwise.

1.5.        Where the words “include(s)”, “including” or “in particular” are used in these tesa 360 T&C, they are deemed to have the words “without limitation” following them.

1.6.        Any obligation in these tesa 360 T&C on a Party not to do something includes an obligation not to agree or allow that thing to be done.

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§ 2 Obligations of scribos

2.1.        scribos shall

2.1.1.       make available to Client the Web & App Solutions Client subscribed to according to the corresponding Exhibit;

2.1.2.       grant Client rights of use pursuant to § 5 if necessary;

2.1.3.       provide maintenance and support pursuant to § 8.

2.2.        scribos shall make available the Web & App Solutions only in the form as agreed in the Exhibits. Scribos may make available additional features and functionalities from time to time. Should Client be provided any functionality exceeding the one described in the respective Exhibit “as is” without warranty and liability (except in cases of willful misconduct or gross negligence) and scribos may change or cease to offer such additional functionalities or features without prior notice at any time, unless specifically agreed in writing, email is not sufficient.

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§ 3 Obligations of the Client

3.1.  The Client is obliged, in particular, to

3.1.1.  pay the subscription fees pursuant to § 11.

3.1.2.  ensure compliance with statutory provisions when using any Module. The Web & App Solutions scribos provides are technical tools only. The Client is responsible for the use of the Web & App Solutions and shall do so in compliance with any applicable law, in particular labor law and industrial constitution law.

3.1.3.  reasonably support scribos in providing their services

3.2.  The Client is aware and acknowledges that scribos is only processing data for the Client. The Client is the Controller according to Art. 4 no. 7 GDPR and responsible for any Personal Data and/or personal identifiable information according to any other applicable data protection law. For this purpose the Client represents and warrants that before using the Web & App Solutions the Client established that it had sufficient legal grounds for their processing of Personal Data when using the Web & App Solutions and that the Client observes data subjects’ rights, in particular Artt. 13, 14 GDPR.

3.3.  In case of violation of § 3.1.1, 3.2 the Client shall indemnify scribos against any claim of third parties.

3.4.  In the event scribos provides the Client with draft texts, i.e. information according to Artt. 13, 14 GDPR, such texts are samples only and not finally legally reviewed. The Client shall review such sample texts on their compliance with applicable data protection law where they are used.

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§ 4 Subcontractors

4.1.        scribos is entitled to make use of subcontractors for performing its services under these tesa 360 T&C.

4.2.        Currently scribos makes use of noris network AG, Thomas-Mann-Straße 16-20, 90471 Nürnberg, Germany and Amazon Web Services Inc., 410 Terry Avenue North, Seattle WA 98109, United States as subcontractors. scribos will notify the Client of any changes to the subcontractors by email.

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§ 5 Rights of use

5.1.        Where the use of Web & App Solutions agreed between the Parties requires an appropriate right of use, scribos shall grant to the Client for the term of the respective Exhibit a non-exclusive, geographically unlimited right to use the Web & App Solutions. The right of use is not transferable and may except where otherwise described in an Exhibit not be sublicensed by the Client to third parties.

5.2.        The Exhibits may contain additional terms and conditions for rights of use.

5.3.        Any Open Source Software utilized for the Web & App Solutions are subject to the applicable Open Source Licenses and any rights granted are exclusively governed by the applicable Open Source Licenses.

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§ 6 Third Party Rights

6.1.        scribos warrants that the use of the Web & App Solutions pursuant to the Agreement shall be free from third party rights. scribos shall indemnify the Client against any IP infringement claims from third parties, including the cost of legal defense, in accordance with the German Lawyers’ Remuneration Act (RVG). Such indemnification is subject to

6.1.1.       the Client immediately informing scribos in writing about any assertion of claim,

6.1.2.       the Client not taking any legally relevant actions towards third party, in particular not reaching an out-of-court settlement without scribos’ consent in writing, not acknowledging the claims or taking any other equivalent actions,

6.1.3.       the Client supporting scribos to the extent necessary in the legal defence against the third party claims, in particular by disclosing information, and

6.1.4.       the Client giving scribos the opportunity to determine and implement the legal defence strategy, in particular by choosing the legal counsel and by preparing the legal briefs. For this purpose the Client will make all necessary statements and grant all necessary powers of attorney. In the legal defence, scribos will reasonably consider the Client’s legitimate interests.

6.2.        In the event of conflicting third party rights, scribos shall make all reasonable efforts at its own expense to ensure within a reasonable time frame that the Client can continue to use the Web & App Solutions.

6.3.        Should scribos not be able to provide a remedy, scribos may terminate the corresponding Exhibit. Any further rights of the Client shall remain unaffected.

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§ 7 Availability of Web & App Solutions

7.1.        scribos is obliged to ensure Availability of the Web & App Solutions according to the following provisions:

7.1.1.       Unless defined otherwise in an Exhibit the Availability of a Web & App Solution is 99% per calendar year. Should an Exhibit enter into force during the year, the Availability shall be calculated pro rata until the end of the calendar year. For avoidance of doubt, Availability does not apply to any App provided by scribos under the Agreement.

7.1.2.       The Web & App Solutions are available if they are accessible from the data center in which the Web & App Solutions are operated, and if the data center is connected to the internet.

7.1.3.       Maintenance by scribos may result in a temporary outage of the Web & App Solutions. Such outage due to Maintenance is not deemed to be an impairment of the Availability as defined above.

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§ 8 Maintenance, Support

8.1.        Scribos may provide Maintenance for the Web & App Solutions from time to time during the term of the Agreement at its own discretion. The extent and timing of such Maintenance shall be determined by scribos. Maintenance consists of error correction, provision of updates and other development and improvement measures to the extent necessary for maintaining the function and operability of the Web & App Solutions. This includes both necessary minor technical adjustments (updates, patches, bug fixes) and major updates of the existing version, in particular product innovations, i.e. functional extensions to the existing version and/or a significant improvement and quality enhancement of the existing program version to a higher version (so called upgrades as well as release and/or version changes).

8.2.        scribos shall endeavour to give reasonable prior notice of any inaccessibility of the Web & App Solutions for more than 30 minutes due to Maintenance.

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§ 9 Apps

If a Web & App Solution also includes an App, the following terms and conditions shall apply to providing such Apps:

9.1.        The functional scope of any App is described in the corresponding Exhibit.

9.2.        Any App can only be fully used if it is configured to connect to the corresponding database as described in the Exhibit. Access to the corresponding database is subject to these tesa 360 T&C.

9.3.        scribos provides any App to the Client for installation on its user’s devices. Installation, and the production of corresponding technical facilities for that installation, is the Client’s responsibility.

9.4.        The Client may choose whether it uploads any App and any updates to app stores itself or whether scribos should do so on behalf of the Client. If scribos should upload it the Client must provide scribos with the necessary account details. scribos will under no circumstances upload any Client branded App under its own name.

9.5.        Alternatively, the Client can choose not to make the App publicly available and deploy it privately only. In that case scribos shall provide a download option that is password restricted. The Client is aware and acknowledges that such private deployment means the Client needs to manually install the App on the devices and that private deployment does not support automatic update functionalities built into iOS and Android app stores but that the Client will need to trigger updates on all devices manually.

9.6.        App Maintenance

In terms of Maintenance, the following applies for Apps instead of 8:

9.7.        In the context of software support, scribos shall remedy defects in any App within a reasonable period of time. In addition, scribos updates any App whenever and to whatever extent this may be required by an update to the operating systems any App is available on. The Client is obliged to install corresponding updates for any App and/or to upload the same to the respective app stores.

9.8.        Technical Requirements, Supported Operating Systems and Phones

9.8.1.       Any App can only be used if the technical requirements described in the corresponding Exhibit are met.

9.8.2.       If a new operating system version for a supported phone is released by the phone’s manufacturer a compatible version of any App will be available within a reasonable time frame after the release of such operating system version. In the meantime, updating the phone to such new version of the operating system may impair an App’s functionality.

9.9.        Usage rights for Apps

9.9.1.       In addition to § 5 scribos hereby grants the Client for the term of the Agreement a non-exclusive worldwide right to make any App available to its users in the context of its business purposes.

9.9.2.       In any App, under menu item 'Settings', a list of all Open Source Software used in any App can be called up. Via this same menu item, it is also possible to display the complete license texts for all integrated Open Source Software.

9.10.     Warranty and function updates for the Apps

For Apps only, the following applies in terms of warranty and updates:

9.10.1.     Only faults in an App that adversely affect its value or suitability for the contractually intended form of use shall oblige scribos to provide any form of warranty cover.

9.10.2.     The entitlement to warranty cover lapses one year after the provision of an App by scribos or - provided that an update was delivered during the period of warranty cover against defects - one year after the last respective update.

9.10.3.     In the event of a warranty claim, scribos is always entitled to choose between remedying the software or supplying a replacement. In the event of scribos refusing to remedy any defect by either providing an update or a delivery of a replacement, or in the event of scribos being in default which shall not occur before two attempts of a remedy failed unless it is unreasonable for the Client to wait for these two attempts, the Client is entitled to reduce the fees payable under the respective Exhibit.

9.11.     App SDKs

Instead of ordering any App the Client may order a software development kit to integrate an App’s functionalities into its own app (“SDK”). Should the Client do so, the following applies:

9.11.1.     Instead of delivering an App scribos shall deliver to Client the SDK which shall have the same functionality as the corresponding App. scribos shall deliver the SDK in the native programming language used for any App. Client shall be responsible to determine whether that is compatible with their own app.

9.11.2.     § 9.1 to § 9.11 shall apply accordingly to the extent necessary for the use of the SDK.

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§ 10 Professional Services

As agreed from time to time for specific scopes of work between the Parties in writing, scribos may provide to Client services for customizing the Web & App Solutions. If and to the extent the Parties agree to such additional services, the following shall apply:

10.1.        Client Contribution

10.1.1.       In light of § 3.1.5 Client shall reasonably support scribos in providing any professional services under these tesa 360 T&C and the Agreement. If the Client does not provide the necessary support scribos may not be able to provide the professional services in the quality, the time or for the price agreed.

10.1.2.       Client’s contributions are particularly required for the customization of the Web & App Solutions for which the Client must provide inter alia logos, pictures, wordings, colors and other styling elements.

10.2.        Agile Methods

The Parties agree that any professional services to be provided by scribos will be carried out based on agile project methods. The Parties shall agree on the details of such services for each individual project under a scope of work. Such projects shall be subject to the following principles:

10.2.1.       scribos shall provide resources carrying out the services consisting of a scrum master and the required other resources for carrying out the development.

10.2.2.       Client acknowledges and agrees that agile project methods require a high level of involvement of the Client. For this purpose, Client shall provide a contact person of making all necessary decisions within the agile method.

10.2.3.       The Parties shall define the product vision for each project before beginning with the project.

10.2.4.       Under an agreed project, scribos will provide the resource capacity as agreed for the project. If Client requires additional resource capacity to the capacity agreed for such project the Parties will agree in writing on any such changed resources.

10.2.5.       Client acknowledges and agrees that due to the agile project method scribos does not represent and warrant that any capacity agreed in a project is at all times sufficient to deliver a final product. This means in particular that any code developed by scribos under the respective project may not be fully functional or may not contain all functionalities as intended by Client once any agreed resource capacity is fully exploited. Nonetheless, scribos must ensure to always be able to provide the currently latest code version or other deliverable.

10.3.        Available Customizations for Web & App Solutions

10.3.1.       scribos offers certain customization options for the Web & App Solutions as professional services. The following options are included in the price:

  • Logo
  • Colors
  • Product URLs
  • Languages: CN, EN, FR, DE

 

10.3.2.       In addition to that, the Client can request additional options against additional fees such as customer specific adaptations or additional languages.

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§ 11 Payment Terms

11.1.        Any Fees payable for the Web & App Solutions are set forth in the Exhibits.

11.2.        All payable amounts are net, meaning exclusive of VAT.

11.3.        Any amount payable by Client shall be payable 30 days from the invoice date. Invoices shall be issued electronically at the beginning of a calendar month.

11.4.        Should the Client be in default with payment, scribos is entitled to suspend Client’s access to Web & App Solutions. Client’s obligation to pay remains unaffected.

11.5.        Client may only set off scribos’s claims if its own claims are either not contested by scribos or have been recognized by declaratory judgement.

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§ 12 Liability

12.1.        scribos shall be liable without limitation for any damages caused by intent or gross negligence, resulting from injury to life, limb or health, caused by a violation of a guarantee, in case of any entitlement of the Client under the German Product Liability Act as well as in cases of mandatory statutory liability (e.g. German Product Safety Act).

12.2.        In case of simple negligence scribos shall only be liable for violating material contractual obligations. In such case the liability shall be limited to the amount of the foreseeable damage, the occurrence of which can typically be anticipated in respect of such agreements. A material contractual obligation in the above sense is any obligation material to achieve the purpose of the Agreement, or the performance of which allows for the proper execution of the Agreement, and the observance of which the Client may regularly rely upon. A foreseeable, typical contractual damage is any damage which can typically be anticipated in a usual damage course.

12.3.        In the cases referred to in § 12.2 the parties assume that the foreseeable, typical contractual damage corresponds to the amount paid by the Client to scribos for the Web & App Solutions during the twelve (12) months prior to the occurrence of the damage.

12.4.        Apart from the above any liability of scribos shall be excluded.

12.5.        In the cases referred to in § 12.1 the statutory limitation period shall apply. Apart from the above, any damage claims of the Client become time-barred twelve (12) months from the date of knowledge, at the latest, however, ten (10) years from the date they arose.

12.6.        The aforementioned limitations on liability apply accordingly to the employees and organs of scribos.

12.7.        scribos shall not be liable if and insofar as an event of Force Majeure occurs.

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§ 13 Term

13.1.        The term of the Agreement is indefinite and begins upon execution by both Parties. It shall terminate automatically once the last Exhibit is terminated.

13.2.        In the event no term and notice period are agreed in an Exhibit it can be terminated by giving three months’ notice to the end of a calendar year but for the first time at the end of the first full calendar year after conclusion of the contract. Termination of only one Exhibit shall leave the Agreement and other Exhibits unaffected.

13.3.        The Parties’ right to terminate the Agreement for due cause shall remain unaffected. In particular, scribos shall be entitled to extraordinary termination of the Agreement if the Client is in default with payments for a period of more than two months, or if an insolvency petition has been filed against them which has not been refused as unfounded, or if insolvency proceedings have been refused for lack of assets.

13.4.        Termination for due cause of the Agreement also automatically terminates all Exhibits. Termination of one Exhibit for due cause does not affect the Agreement and other Exhibits.

13.5.        Any notice of termination must be in writing. A termination by e-mail is not sufficient.

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§ 14 Data Protection and Security, confidentiality

14.1.        The Parties shall observe applicable data protection law, in particular the GDPR.

14.2.        By executing the Agreement the Parties agree to the terms for processing of Personal Data as set forth in the Processor Agreement to be concluded between scribos and the Client.

14.3.        The Parties undertake to keep strictly confidential any information received from the respective other Party during the initiation and performance of the Agreement. In this respect, the term “information” must generally be widely defined to include electronic information of any type and in printed form, including the provisions of the Agreement, as well as any information disclosed during an oral presentation or discussion. This excludes any information in the public domain or which scribos and/or the Client can prove to have obtained from third parties without having breached any duty of confidentiality. Confidential information obtained may only be used to the extent necessary to achieve the purpose of the Agreement. Use for any other purpose is not permitted, unless with the prior written consent of the Client or scribos.

14.4.        Upon termination of their services, scribos and/or the Client shall return any confidential information received and delete all remaining copies, unless the respective party must retain a copy of the information due to statutory provisions. In such case the destruction shall be carried out immediately upon expiry of the statutory retention period.

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§ 15 Final Provisions

15.1.        The tesa 360 T&C can only be amended in writing signed by both parties; this includes this clause.

15.2.        Should any provision of these tesa 360 T&C be or become invalid or void in whole or in part, the remaining provisions shall remain in full force and effect.

15.3.        The place of jurisdiction for any dispute arising from the Agreement shall be Heidelberg, Germany.

15.4.        The English version is only a working translation. In case of conflict or contradiction between the German and the English version of these tesa 360 T&C the German version shall prevail.

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Exhibit 1: tesa® 360 – Authentication

scribos shall provide tesa® 360 - Authentication according to the terms and conditions of this Exhibit 1.

§ 1         tesa® 360 - Authentication Service, Access to Database

1.1.        The provision of tesa® 360 - Authentication by scribos enables the Client to access the tesa® 360 - Authentication database as well as the stored data via a web frontend in order to authenticate product markings.

1.2.        In addition to this, a logged in user has access to authentication statistics including geo data indicating the location of all authentication results. The data of all authentication results can as well be downloaded as an excel file. In-depth analyses, statistics and reporting based on data generated by the tesa® 360 - Authentication database is accessible if Client subscribed to Exhibit 4 as well as tesa® 360 - Authentication.

1.3.        Using the tesa® 360 - Authentication service is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to the tesa® 360 - Authentication service only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use the tesa® 360 - Authentication service.

§ 2         Frontends

2.1.        The tesa® 360 - Authentication service can be accessed through a webfrontend. The Client can request other APIs to the tesa® 360 - Authentication service by way of professional services.

2.2.        The webfrontend for the tesa® 360 - Authentication service can be accessed by the Client, by any supplier that has been authorized by the Client and by any person who is in possession of a scribos product marking registered by the Client.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using the tesa® 360 - Authentication service:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

The functionalities of the services provided by scribos are described in the chart below.

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Public & all users

Experts

Set-Up

• Authentication via
   • QR-Code
   • Label ID
• User email feedback on suspicious scans

• Expert login        
• Authentication of additional expert security levels
• Dashboard with most relevant figures at a glance

• Authentication statistics view including geo data
• Download of authentication data
• Customer Interaction button manager
• Upload-Section for additional information
• Change password functionality

Standard Languages: 
EN, DE, FR, CN
Possible adaptations:
• Logo
• Color scheme

Exhibit 2: tesa® 360 - Expert Authentication App

scribos shall provide tesa® 360 - Expert Authentication App according to the terms and conditions of this Exhibit 2.

§1          tesa® 360 - Expert Authentication App

1.1.        The provision of tesa® 360 – Expert Authentication App by scribos enables the Client to access a smartphone app for smartphone guided authentication for Client’s experts or investigators with a special login provided by scribos. Besides the tcnc database features the app allows an easy one touch authentication including functionalities for batch scanning and archiving as well as the verification of the SecretCode in combination with a special tool.

1.2.        The App serves to authenticate security features that the Client applies to product packaging and to products. Caution: It is not possible with the App to determine if a product is genuine or a counterfeit. The App can only authenticate the security feature (e.g. a label) that is applied.

1.3.        Using the tesa® 360 – Expert Authentication App is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to the tesa® 360 – Expert Authentication App only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use the tesa® 360 – Expert Authentication App.

§2          Frontends

2.1.        The tesa® 360 – Expert Authentication App can be accessed through an App. The Client can request other APIs to the tesa® 360 – Expert Authentication App by way of professional services.

2.2.        The App for the tesa® 360 – Expert Authentication App can be accessed by the Client and by any person that has been authorized by the Client.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using the tesa® 360 – Expert Authentication App:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

 

The functionalities of the services provided by scribos are described in the chart below.

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Experts

Set-Up

• Authentication via QR-Code
• Report of suspicious scan
• Expert login for additional features such as:
     • Batch scanning
     • Archive
     • SecretCode verification

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
• Logo
• Color scheme

Exhibit 3: tesa® 360 – B2B Ordering

scribos shall provide the tesa® 360 – B2B Ordering according to the terms and conditions of this Exhibit 3.

§ 1         tesa® 360 – B2B Ordering

1.1.        The provision of tesa® 360 – B2B Ordering by scribos enables the Client to access the ordering platform via a web frontend. The ordering platform allows the ordering of product markings and related services by the Client and by any supplier that has been authorized by the Client. In addition to this, a logged in user has access to an order overview on all orders done by all suppliers. The data can also be downloaded as an excel file. For designated Client experts with a special access it also provides in-depth analyses, statistics and reporting based on data generated by the tesa® 360 Ordering database if Client subscribed to Exhibit 4 as well as to tesa® 360 – B2B Ordering.

1.2.        Using tesa® 360 – B2B Ordering is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to tesa® 360 – B2B Ordering only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use tesa® 360 – B2B Ordering.

§ 2         Frontends

2.1.        The tesa® 360 – B2B Ordering can be accessed through a webfrontend. The Client can request other APIs to tesa® 360 – B2B Ordering by way of professional services.

2.2.        The webfrontend for tesa® 360 – B2B Ordering can be accessed by the Client’s authorized users and by any of the Client’s authorized suppliers.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using the tesa® 360 – B2B Ordering:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

 

The functionalities of the services provided by scribos are described in the chart below.

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All users

Suppliers

Experts

Set-Up

• Ordering functionality
• Volume control based on allocated label volumes
• Dashboard with most relevant information and a news ticker
• Profile page
• Info section providing relevant documents and FAQs for all users

• Supplier access
• History of own orders
• Profile administration functionality
• Account creation functionality

• 5 Experts accesses
• Editing of news ticker
• Dashboard with most relevant figures at a glance
• Overview on all registered suppliers
• History of all orders of all suppliers
• Volume allocation administration

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
• Logo
• Color scheme

Exhibit 4: tesa® 360 – Analytics

scribos shall provide tesa® 360 - Analytics according to the terms and conditions of this Exhibit 4.

§ 1         tesa® 360 – Analytics

1.1.        The provision of tesa® 360 – Analytics by scribos enables the Client to access in-depth analyses, statistics and reporting based on data generated by the tesa® 360 database. The user will receive automated monthly reports, alerts for specific events and concrete action recommendations.

1.2.        Using tesa® 360 – Analytics is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to tesa® 360 - Analytics only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use tesa® 360 - Analytics.

§ 2         Frontends

2.1.        tesa® 360 – Analytics can be accessed through a web frontend. The Client can request other APIs to tesa® 360 - Analytics by way of professional services.

2.2.        The web frontend for tesa® 360 – Analytics can be accessed by the Client and by any person that has been authorized by the Client.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using the tesa® 360 – Analytics:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

 

The functionalities of the services provided by scribos are described in the chart below.

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If Client buys tesa® 360 – Authentication (Exhibit 1) only:

Experts

Set-Up

• Advanced filter functionality for statistics
• Detailed single label analysis
• Monthly statistic PDF report
• Automatic system alerts + admin tool
• 1 Training Session 

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

If Client buys tesa® 360 – B2B Ordering (Exhibit 3) only:

Experts

Set-Up

• Account Analysis providing performance indicators for each supplier
• Market insights providing marketing relevant figures derived from the check data
• Automatic system alerts + admin tool
• 1 Training Session

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - B2B Ordering

If Client buys tesa® 360 – Authentication & B2B Ordering (Exhibit 1&3):

Experts

Set-Up

• Advanced filter functionality for statistics
• Detailed single label analysis
• Account Analysis providing performance indicators for each supplier
• Market insights providing marketing relevant figures derived from the check data
• Monthly statistic PDF report
• Automatic system alerts + admin tool
• 1 Training Session

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 – Authentication and tesa® 360 – B2B Ordering

Exhibit 5: tesa® 360 - Grey Market Protection

scribos shall provide tesa® 360 - Grey Market Protection according to the terms and conditions of this Exhibit 5.

§ 1         tesa® 360 – Grey Market Protection

1.1.        The provision of tesa® 360 – Grey Market Protection by scribos enables the Client to access live data on where the products of his suppliers end up in the market. He receives a powerful tool to detect and fight grey markets and secure price levels.

1.2.        Using tesa® 360 – Grey Market Protection is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to tesa® 360 - Grey Market Protection only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use tesa® 360 - Grey Market Protection.

§ 2         Frontends

2.1.        tesa® 360 – Grey Market Protection can be accessed through a web frontend. The Client can request other APIs to tesa® 360 - Grey Market Protection by way of professional services.

2.2.        The web frontend for tesa® 360 – Grey Market Protection can be accessed by the Client and by any person that has been authorized by the Client.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using tesa® 360 – Grey Market Protection:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

 

The functionalities of the services provided by scribos are described in the chart below.

Read more

Experts

Set-Up

• Grey market statistics view including geo data
• Overview on predefined regions
• Assignment of predefined standard regions to label information by scribos
• Overview on assigned regions (region is assigned to certain label information)
• 1 Training Session

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

Exhibit 6: tesa® 360 – Customer Interaction

scribos shall provide tesa® 360 – Customer Interaction according to the terms and conditions of this Exhibit 6.

§ 1         tesa® 360 – Customer Interaction

1.1.        The provision of tesa® 360 – Customer Interaction by scribos enables the Client to integrate standard Customer Interaction elements in connection with the online authentication process provided by tesa 360® - Authentication (Exhibit 1) and/or the ordering process provided by tesa® 360 – B2B Ordering.

1.2.        scribos provides the Client with the modules selected by the Client in the Agreement. If a module is not selected by the Client, scribos shall not be obliged to provide such module to Client.

1.3.        Using tesa® 360 – Customer Interaction is subject to the conclusion of an agreement between scribos and the Client relating to product markings. Should the Client already have concluded an agreement concerning product markings prior to the conclusion of the Agreement, the Client shall have access to tesa® 360 - Customer Interaction only upon conclusion of the Agreement. The purchase of product markings itself does not give the right to use tesa® 360 - Customer Interaction.

§ 2         Frontends

2.1.        tesa® 360 – Customer Interaction can be accessed through a web frontend. The Client can request other APIs to tesa® 360 - Customer Interaction by way of professional services.

2.2.        The web frontend for tesa® 360 – Customer Interaction can be accessed by the Client and by any person who is in possession of a scribos product marking registered by the Client.

§ 3         Subscription Fees

3.1.        The Client shall pay the following fees for using the tesa® 360 – Customer Interaction:

3.1.1.       a one-time installation fee.

3.1.2.       an annual subscription fee payable in advance.

3.1.3.       The exact amounts are set forth in the offer.

The functionalities of the services provided by scribos are described in the chart below.

Read more

tesa® 360 - Customer Interaction: Product Information

Public

Experts

Set-Up

• Product information text on answer page
• Product image on answer page

• Additional product details on answer page
• Upload of additional product information

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

tesa® 360 - Customer Interaction: Customer Survey

Public

Experts

Set-Up

• Display of one question out of a possible set of different questions
• Answer options via multiple choice

• Statistics on survey results

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication and/or tesa® 360 – B2B Ordering

tesa® 360 - Customer Interaction: Cross Selling

Public

Experts

Set-Up

• Display of product information + image of relevant cross selling products
• Link to corresponding shop page

• Upload of information on cross selling products

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

tesa® 360 - Customer Interaction: Store Finder

Public

Experts

Set-Up

• Display of closest shops where scanned product is available
• Routing to chosen shop

• Integration of up to 250 locations based on store addresses and corresponding geolocation provided by the customer

Standard Languages:
EN, DE, FR, CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

tesa® 360 - Customer Interaction: Lucky Draw (Europe)

Public

Experts

Set-Up

• One out of 5 standard winning game scenarios
• Double opt-in
• Contact data form
• Terms and Condition

• Statistical data on participations
• CSV download of personal data of participants
• 125.000 participations included
• Purchase & fulfillment of prices

Standard Languages:
EN, DE, FR
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication

tesa® 360 - Customer Interaction: Lucky Draw (China)

Public

Experts

Set-Up

• Wheel of fortune winning game scenario
• Contact data form
• Terms and Conditions

• CSV download of personal data of participants
• Unlimited participations
• Purchase & fulfillment of prices

Standard Languages:
CN
Possible adaptations:
Same logo and color scheme as defined for tesa® 360 - Authentication