General Terms and Conditions

§ 1 Scope of application

(1) These general Terms and Conditions (hereinafter "GTC") apply to all contracts agreed between you (hereinafter also: "Customer") and us, Triton GmbH, Rather Broich 25, 40472 Düsseldorf, Germany, UID number: DE 259 364 135, represented by the Managing Director Mr. Ehsan Dashti, via our website www.triton-lab.de (hereinafter: "Website"), unless expressly agreed otherwise by written agreement between you and us.

(2) Our GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the customer refers to its general terms and conditions within the scope of the order and we do not expressly object to this.

(3) Our GTC apply to contracts with consumers (hereinafter: "Consumer") and entrepreneurs. A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professionalactivity.

§ 2 Our services

1) Our services are aimed exclusively at customers who are in legal possession of a Triton water test kit. A Triton water test kit is a commercially available water test kit for marine aquaristics distributed by us under the name "TRITONLAB", which are also referred to commercially as "ICP tests / N-DOC tests" (hereinafter: "Triton water test kit"). The lawful possession of a Triton Water Test Kit is a condition for the use of our services via our website and an effective prerequisite for the agreement of contracts via our website. The burden of proof for the lawful possession of a Triton water test kit lies with the customer and can be proven, for example, by the receipt or invoice of the seller.

(2) We provide our customers with various services in connection with our Triton water set kits via our website free of charge. These services include, in particular, the registration of the customer with his own account on our website, access to this account, setting up of a virtual aquarium which virtually replicates the properties of the customer's physical aquarium (hereinafter: "virtual aquarium"), the use of the respective functionalities of the virtual aquarium, laboratory services, in particular the measurement of water samples sent by the customer (hereinafter: "measurement"), the customer's inspection of our measurements at his virtual aquarium and non-binding suggestions for the possible production of the water values desired by the customer (hereinafter: "suggestions"). We do not owe the production of a specific success or a work within the meaning of §§ 631 ff. BGB (German Civil Code).

(3) A sticker with a barcode is attached to each Triton water test kit. This barcode is used to assign the water samples sent by the customer to one of our laboratories (hereinafter: "Triton laboratory") to the customer's virtual aquarium. The addresses of the Triton laboratories are listed in the Triton water kit and are available on our website. The respective barcode of the Triton water test kit must be activated for use at the respective virtual aquarium of the customer on our website. The customer's water samples must be taken into the sample tubes provided in the Triton Water Test Kit in accordance with the procedure described in the Triton Water Test Kit and labelled with the barcode sticker. The sample tubes with the barcode are sent by the customer to a Triton laboratory in the shipping bag provided. The water values are measured by the Triton laboratory. The Triton laboratory makes the measurements available online via our website at the customer's virtual aquarium. As a rule, the test results are available to the customer one week after the Triton water test has been received by the Triton laboratory. A detailed presentation of the evaluation process after the purchase of a Triton water test kit is shown on our website under the following link: https://www.triton-lab.de/triton-lab-slide

(4) The customer may use our services in the manner currently displayed on our website. We reserve the right to change, adapt, expand or restrict the functionalities of the virtual aquariums and all other services available via our website at any time and without notice. The customer has no right to claim that the functionalities of our Internet site or the appearance of his account, in particular the virtual aquarium, are unchangeable at the time of set-up. Liability for loss of data is excluded. We recommend separate storage of data on the customer's system.

(5) Our services are directed only to customers who reside in states where we distribute our Triton water test kits, who ship water samples to us from those states, and who access our website from those states. A complete list of these states is shown on our website at the following link: www.triton.de/haendler-finden Our website is not intended for users who access our website from other countries, in particular China, Russia, North Korea and Iraq. The use of technical measures to change or disguise the display of the location from which the customer accesses our website, for example by means of a so-called VPN tunnel, is not permitted.

§ 3 Registration on our homepage

1) Our services are exclusively aimed at customers who have duly registered and set up a virtual aquarium on our website. Registration requires in particular the provision of a valid e-mail address by the customer and the assignment of a password by the customer.

(2) Upon registration, the customer receives an account which he can access with his e-mail address and password. Several virtual aquariums can be set up for each account of a customer.

(3) The use of our services requires the complete and accurate provision of the customer's login data when registering on our website and the data of his virtual aquarium, compliance with the provisions of these GTC and our data protection provisions. Customers can correct any input errors on our website at any time, relating to the sending of a water sample until this water sample arrives at a Triton laboratory, by clicking on "Edit" in the respective field. Our data protection provisions are shown on our website under the following link: www.triton.de/datenschutz In our data protection provisions you will also find information on the processing of your data.

(4) The customer is responsible for the completeness, correctness and up-to-dateness of the data provided by him and is obliged to update it immediately if necessary. The customer must keep his access data secret and may not make them accessible to third parties without our express consent. We assume no liability for the security of passwords, their loss or misuse.

(5) The Client's Account and any rights of the Client in connection with the Account are not transferable. The Client's Account may only be used for purposes permitted in Germany. The account may not be used for purposes that violate applicable law in its location.

(6) Automatically generated registrations, multiple registrations or spam registrations are not permitted. In the event of violations against this, we reserve the right to temporarily or permanently block or delete the accounts concerned. Claims of the affected user against the provider as a result of such a measure are excluded.

(7) The customer can delete his registration at any time by a simple notification, for example by e-mail. Insofar as the customer's personal details change, the customer is responsible for updating them. All changes can be made online after registration under "My Account".

(8) Violations of the provisions of these GTC or our data protection provisions may, depending on the severity of the violation and its legal or economic consequences, lead to the temporary or permanent blocking of the account, complete deletion of the account or the exclusion of the customer from access to our website and the services available there.

§ 4 Setting up virtual aquariums

The customer's view of our measurements is exclusively in his virtual aquarium. The correct calculation of measurements, their display and our suggestions depend on the correct information provided by the customer. The data of the customer's aquarium are to be indicated completely and accurately by the customer in his virtual aquarium. Our measurements and suggestions are based in particular on the filling quantity and set-up of the customer's physical aquarium.

§ 5 Formation of contracts

(1) The presentation of the services on our website does not constitute a legally binding offer, but an invitation to order (so-called "invitatio ad offerendum"). By sending us the barcoded water samples in the sample tubes of the Triton water test kit, you make a binding offer to use our services. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or take the measurements. Customers can correct any input errors on our Website at any time, relating to the sending of a water sample until this water sample arrives at a Triton laboratory, by clicking on "Edit" (in German: „Bearbeiten”) in the respective field.

(2) The contractual provisions with details of the ordered services including these GTC will be sent to you by e-mail with the acceptance of the contractual offer or with the notification of this. We do not store the contractual provisions.

§ 6 Measurement of water values

(1) The production of a seawater habitat is a complex process that is subject to scientific laws, in particular numerous bio-chemical processes, which are also regularly mutually dependent, or can be mutually dependent. The quality of the seawater to be produced depends on numerous internal and external influences, such as the quality of the untreated source water, the temperature of the water, the outside temperature, the frequency and magnitude of temperature fluctuations, sunlight, the quality of the ambient air in the customer's aquarium and the aquaristic equipment he uses. There are numerous sources of contaminants that can affect the condition and variability of aquarium seawater. Deviations from the actual condition of the client's seawater are not errors of measurement. Liability for a specific condition of the customer's seawater is excluded.

(2) Measurements of water samples depend on numerous factors of natural law, such as proper and uncontaminated collection and sending of the water sample to us. Moreover, water sample measurements always represent only a snapshot at a specific point in time. The customer's aquarium water may have changed at the time of a measure to change the condition of the seawater simply due to the passage of time. Deviations in the measurement can also be caused, for example, by temperature fluctuations or improper handling when transporting the water samples to us. Measuring devices also only have a respective accuracy due to their construction, which limits our possibilities for measurement. We assume no liability for the quality of the water samples sent to us and the accuracy of the measurements carried out. Liability for measurement results and suggestions is excluded.

3) Our measurements, calculations and suggestions are based on algorithms. This is intended to produce the closest possible approximation to the actual water values and possibilities for changing them, based on experience and probabilities. These algorithms depend on the information provided by the customer, in particular on the set-up of his physical aquarium, the so-called habitat, phosphate (so-called "P/PO4 value"), nitrate and nitrite values (so-called "N/NO3 values") measured by the customer himself and a problem with his physical seawater described by the customer. Our presentation of the measurements and suggestions is also based on a preset standard configuration that determines the display of the measurements and suggestions. The measurements and suggestions are checked for plausibility by our expert personnel in the Triton laboratories. These measures cannot replace analyses and recommendations by a specialist on site.

(4) Maintenance work, cleaning and recalibration of our laboratory equipment is carried out regularly. This may result in delays in the presentation of the measured values to the customer. We also reserve the right to correct any errors within 48 hours. The customer should take measures on his physical seawater at the earliest after this period has expired. Liability for the occurrence of the intended effect of a measure by the customer, in particular due to or in connection with a proposal by us, is excluded.

§ 7 Inspection of measurements and suggestions for improvement

(1) Our measurements are always only a snapshot of the state in the client's physical aquarium. By their very nature, these remain unchanged, even if they have actually changed at the time of a measure taken by the client.

(2) The display of our measurements on our website may change. In particular, setpoints, setpoint ranges and colour gradients in status displays in the customer's virtual aquarium may change and produce a shift in the overall picture of the measurements. This can be caused by various reasons, in particular also by changes and innovations in measurement procedures or adaptation of the measurement limits and measurement parameters due to new findings. The customer is responsible for archiving the overall picture at a certain point in time.

(3) The presentation of the measurements at the customer's virtual aquarium may contain hints and suggestions. These may include suggestions for initial aids, for further dosing of products available separately in the trade. These are dependent on the influencing factors presented in § 7 of these GTC. The customer takes measures to change the water values in his physical aquarium exclusively at his own risk. It is recommended that measures to change the composition of aquarium seawater be taken only extremely carefully, observing the principle of caution and in the smallest possible steps, while constantly observing and controlling the effect that occurs in each case, taking into account any changes in other water values.

(4) The initial aids and dosages suggested by us are indications based on general criteria and experience and are prepared according to the state of our knowledge of marine aquaristics. They cannot replace an analysis and advice by a specialist on site. Any liability for an actual change or improvement of the water values due to our suggestions or for an alleviation or elimination of the problems named by the customer in his physical aquarium is excluded.

§ 8 Availability of our website and the functionalities available there

(1) The services provided and mediated by us via our Internet site require a functioning Internet access of the customer, a functioning Internet and a functioning Internet access of us and our provider. We point out that, according to the current state of the art, it is not possible to create hardware and software in such a way that it works without interruption and without errors in all application combinations or that it can be protected against any manipulation by third parties. We do not guarantee that providers used by us with the hardware and software provided by them will be free of crashes, errors or malware. Liability for hardware and software errors is excluded.

(2) The customer has no right to constant accessibility of our website. This depends on numerous influencing factors outside our sphere of influence and the cooperation of third parties. This applies, for example, to accessibility in the event of increased data traffic and peak loads of users of our website. We also reserve the right to temporarily restrict or completely suspend the accessibility of our website, for example for updating, maintenance, repair and modification work. Our website may be temporarily offline. Claims by the customer due to the non-availability of our website are excluded.

§ 9 Rights

(1) We grant the customer a limited, personal, non-exclusive, non- transferable or licensable right to use the functionalities of our website, which may be revoked at any time, in accordance with these GTC and our data protection provisions.

(2) Our website contains elements and content that are or may be protected in favour of us or our cooperation partners, for example under copyright/performance protection law, trademark law, patent/utility model law, design patent law, competition law or other rights. We reserve all rights to our website and the content made available on our website. The use of these elements and contents, in whole or in part, beyond the ordinary and necessary use of our website to achieve the purpose of the contract, and in particular their reproduction or use in the context of so-called "reverse engineering", is not permitted without our prior written consent. This applies in particular to software (with the exception of any open source elements), know-how, trademarks, names and marks, content, layout, design and interface of the website and the platform, databases, videos, photographs, texts and graphics. In particular, the customer is not permitted to use the website or elements contained therein, in particular initial aids and dosing suggestions from measurement results for the creation of his own database or similar uses.

§ 10 Publication by the Client

(1) The customer may publish each measurement and presentation on its water samples and values individually and independently.

(2) When the customer shares a web page, the so-called "sharing", all contents of this page are made available to outside persons. This applies in particular to measurement results and possible information on initial aids and dosing suggestions. In the case of a so-called N-DOC evaluation, the most recently measured phosphorus values of the most recently obtained measurement and the insight into history diagrams of each individual element measured in this evaluation are made available to third parties. History diagrams are historical and contain, in the case of a value, not only the current value, but also all previously measured values of older measurements in order to show the history.

(3) With the publication, the website shared by the customer can be accessed from outside via the customer's individual URL without having to log in to our website. We cannot technically exclude the possibility that third parties and, for example, software programs and Internet search engines are able to view and store this data.

§ 11 No additional Support

We do not provide any free advice, recommendation or other support (so- called "support") beyond our services described in these GTC. The customer is not entitled to any support, availability of contact persons, periods of availability of our employees or a guarantee for the correctness of an answer. Insofar as we answer questions from customers, we accept no liability for any advice or recommendation. The customer is solely responsible for measures taken by him to change his water values. This also applies if the measure is based on an answer from us.

§ 12 Limitations of liability

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as a customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.

(2) Liability for indirect and consequential damages is excluded. In particular, we are not liable for any animal deaths.

(3) The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

§ 13 Right of withdrawal for Consumers

Consumers have a right of cancellation in accordance with the instructions in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

§ 14 Final provisions

(1) Amendments or supplements to these GTC as well as any ancillary agreements must be made in writing in order to be effective. This also applies to the cancellation of this written form clause.

(2) The customer may only offset claims against us or assert a right of retention if his counterclaim is undisputed, has been legally established or the counterclaim is in a mutual relationship to the respective claim concerned.

(3) If the customer is an entrepreneur, he shall prove this to us in a suitable form, for example by stating his VAT identification number or by providing other suitable evidence. The data required for the proof must be provided by the customer completely and truthfully.

(4) The contractual language is German. Translations - such as the English translation of these GTC on the right - serve only to inform the customer. In the event of discrepancies or contradictions between the German text and a translation, the German text shall prevail.

(5) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

(6) The place of performance for all services and the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the services provided by us via our website is our registered office in Düsseldorf (Germany).

(7) If the customer had his domicile or habitual residence in Germany when the contract was concluded and either moved out of Germany at the time the action was brought by us or his domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of our company in Düsseldorf.

(8) The European Commission provides a platform for online dispute resolution under ec.europa.eu//odr/. Our e-mail address is: hello@triton.de. We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Dispute Resolution Act (VSBG).

(9) Should one or more provisions of these GTC be or become void, invalid or unenforceable in whole or in part, the legal validity of the remaining provisions shall not be affected thereby. Instead of a void, invalid or unenforceable provision, dispositive law shall apply. In the event of a loophole, a provision shall apply which the contracting parties would have agreed on the basis of the objective content of the declaration and the meaning and purpose of these General Terms and Conditions had they considered the loophole, and which comes closest to the economic result of these General Terms and Conditions and the intention of the contracting parties in a permissible manner. This severability clause does not result in a mere reversal of the burden of proof, but § 139 BGB (German Civil Code) is waived altogether.