Version: November 1, 2025\ Applicability: DACH (Germany / Austria / Switzerland)\ B2B only -- no consumers\ Place of jurisdiction: Neu-Ulm\ IQV Innovations GmbH
These Terms and Conditions apply exclusively to businesses. Consumers are excluded from entering into contracts. Deviating conditions of the customer will not be recognized.
IQV supplies the training device "Zapcoor", accessories, and offers software via Zapcoor Control. Hardware and software are legally and economically separate contracts.
There is no right of withdrawal. Return or cancellation is excluded.
The customer is obligated to inspect the goods immediately and report defects in writing within 7 days. After this period, the goods are deemed accepted as free of defects.
The device may only be used by trained personnel. Patients or clients may not use the device unsupervised.
The customer is responsible for maintenance, operational safety, and documentation. IQV assumes no monitoring obligations.
Use is entirely at the customer's own risk. IQV is only liable in cases of intent or gross negligence. No liability for personal injury or consequential damages.
The customer receives a simple, non-transferable right of use. Sharing of access credentials is prohibited. In case of violation, IQV may block access.
IQV guarantees 95% availability on annual average. No claim during maintenance windows or third-party provider issues.
Software problems do not entitle to reduction, cancellation, or suspension of payment (particularly in leasing arrangements).
The customer is the data controller. IQV is the data processor. Processing of health data requires consent from the affected individuals.
When using the software, a data processing agreement in accordance with Art. 28 GDPR is concluded.
IQV stores data in the EU. The customer is responsible for password and device security.
Warranty only for material defects. No claim in case of wear and tear, misuse, or improper use. Remedy limited to repair.
Liability exclusively in cases of intent and gross negligence. Exclusion of consequential damages and personal injury.
Violation of license terms (sharing of access credentials, etc.) incurs a contractual penalty of €5,000 per violation.
Payment in advance. In case of payment default, IQV may block access and demand default interest.
Until full payment, the goods remain the property of IQV or the leasing company.
Minimum term 12 months. Automatic renewal. No early termination.
IQV may terminate extraordinarily in case of license violations or payment default. Payment obligation remains.
Leasing contract exists between customer and leasing company. Software disruptions do not affect leasing obligations.
Device must be returned cleaned and undamaged. Missing parts will be charged.
Customer must insure device from delivery. IQV may request proof.
Contractual penalty of €5,000 per violation plus additional damages.
Price structures and contract details are to be treated confidentially.
Customer may not transfer the contract. IQV may transfer.
German law applies. Place of jurisdiction is exclusively Neu-Ulm.
If any clause is invalid, the contract remains valid.