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legal question

Iam using the LoRa physical Layer to communicate between 2 MCUs with a SX1261 chip.
They are communicating point-to-point and iam not using any LoRa-Wan services at all.

The SX1261 chip offers Spreading factors from 5 - 12.
I live in Germany and the LoRa allocated frequency plan here is called EU863-870.
there are 8 LoRa channels listed, most of them with SF7-12 and BW =125khz
(https://www.thethingsnetwork.org/docs/lorawan/frequency-plans.html)

the Semtech Chip allows it to send packets with the SF5-12 and BW from 7.8khz to 500khz

Iam wondering if iam allowed to send packages with a SF ouf of the Frequency plan?
for exampe with SF5 and BW = 500khz? ( to reduce my ToA to a minimum)
do i have to care about the allowes duty cycles then?