Terms of Service

Allgemeine Geschäftsbedingungen (AGB)

1. Scope and Contractual Partner

These General Terms and Conditions (GTC) apply to all business relationships between AWE GmbH (hereinafter "AWE", "we", "us") and its customers (hereinafter "Customer", "you").

AWE GmbH

In den Leppsteinswiesen 8

64380 Roßdorf, Deutschland

HRB 102184, Amtsgericht Darmstadt

Represented by: Alexander Bär, Alexander Kremnev

2. Services

AWE provides a Software-as-a-Service (SaaS) platform for business management, including but not limited to:

  • Project and invoice management with hierarchical structure
  • Automated invoice generation and tracking (ZUGFeRD and XRechnung compliant)
  • Field work coordination with photo reports and calendar planning
  • Email hosting services
  • Website maintenance and server support
  • Disk space provision

The specific scope of services for each customer is determined by the selected plan and individual agreements.

3. Contract Conclusion and Registration

The contract is concluded through:

  • Submission of a demo request or contact inquiry through our website
  • Individual agreement and confirmation by AWE
  • Account setup and provision of access credentials

The customer must provide accurate and complete information during registration. The customer is responsible for maintaining the confidentiality of access credentials.

4. Pricing and Payment

4.1 Pricing Model

AWE uses a usage-based pricing model. Monthly invoices are automatically calculated and include:

  • Usage-Based Fee: 1.5% of the total invoice amount generated through the AWE platform by the customer in the previous billing period
  • Infrastructure & Support Services: Monthly charges for services tailored to your business needs, including website development and maintenance, email and calendar hosting, server infrastructure, automated invoice processing, custom feature development, and technical support. Pricing is calculated individually based on company size, number of employees, data volume, and specific requirements

4.2 Invoicing and Payment Terms

Invoices are generated automatically at the end of each billing period and sent to the customer through the AWE platform. Payment is due within 14 days of invoice date.

Accepted payment methods include bank transfer (SEPA), SEPA Direct Debit, PayPal, and credit/debit card payments via Stripe (when available). Late payments may incur interest charges and may result in service suspension.

4.3 Price Adjustments

AWE reserves the right to adjust prices with a notice period of 4 weeks. Customers will be notified of price changes via email. If a customer does not agree to the price adjustment, they have the right to terminate the contract extraordinarily.

5. Contract Duration and Termination

5.1 Contract Duration

The contract is concluded for an indefinite period. Both parties may terminate the contract with a notice period of 30 days to the end of a calendar month.

5.2 Ordinary Termination

Termination must be made in writing (email is sufficient) to: info@awedoit.com

5.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

  • The customer is in default of payment for more than two consecutive billing periods
  • The customer violates material contractual obligations
  • The customer uses the services in violation of applicable laws or third-party rights

5.4 Consequences of Termination

Upon termination, the customer retains access to their data for 30 days for export purposes. After this period, all customer data will be permanently deleted. AWE is not obligated to provide data after the 30-day period.

6. Customer Obligations

The customer is obligated to:

  • Use the services in accordance with applicable laws and regulations
  • Maintain the confidentiality of access credentials and prevent unauthorized access
  • Not use the services to store, process, or distribute illegal or harmful content
  • Not interfere with the operation of the AWE platform or attempt unauthorized access
  • Inform AWE immediately of any suspected unauthorized use of their account
  • Maintain their own backups of critical data

7. Service Availability and Maintenance

7.1 Availability

AWE strives for a service availability of 99.5% on an annual average. This excludes planned maintenance windows and circumstances beyond AWE's control (force majeure).

7.2 Maintenance

AWE may perform maintenance work during low-traffic periods. Planned maintenance will be announced in advance whenever possible. Emergency maintenance may be performed without prior notice if necessary to maintain system security or stability.

8. Data Protection and Security

8.1 General Provisions

AWE processes customer data in accordance with applicable data protection laws, particularly the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For detailed information on data processing, please refer to our Privacy Policy.

8.2 Data Processing Agreement (Auftragsverarbeitungsvertrag)

In cases where AWE processes personal data on behalf of the Customer (e.g., when hosting the Customer's website, email, or processing data of their end customers within the platform), AWE acts as a data processor (Auftragsverarbeiter) pursuant to Art. 28 GDPR. In such cases, the conclusion of a separate Data Processing Agreement (DPA) is mandatory. The Customer undertakes to conclude the DPA provided by AWE before the processing of such personal data begins. This agreement defines the technical and organizational measures taken by AWE to protect data, as well as the rights and obligations of both parties.

9. Intellectual Property

All intellectual property rights to the AWE platform, including but not limited to software, documentation, trademarks, and logos, remain with AWE GmbH.

The customer receives a non-exclusive, non-transferable right to use the AWE platform for the duration of the contract. The customer retains all rights to their own data and content.

10. Liability

10.1 AWE Liability

AWE is liable without limitation for:

  • Intentional or grossly negligent breaches of duty
  • Injury to life, body, or health
  • Claims under the Product Liability Act
  • Guarantees given by AWE

For slight negligence, AWE is only liable for breach of material contractual obligations (cardinal obligations). Liability is limited to foreseeable, typically occurring damages. AWE is not liable for data loss if the customer has not performed adequate data backups.

The sole contractual party is AWE GmbH. To the extent permitted by law, personal liability of managing directors, shareholders, developers and employees is excluded; mandatory statutory liability remains unaffected.

10.2 Customer Liability

The customer is liable for all content and data uploaded to or processed through the AWE platform. The customer indemnifies AWE against all third-party claims arising from the customer's use of the services.

11. Changes to Terms of Service

AWE reserves the right to modify these Terms of Service. Customers will be notified of changes at least 4 weeks before they take effect. If a customer does not object within the notice period, the changes are deemed accepted. In case of objection, AWE may terminate the contract extraordinarily.

12. Final Provisions

12.1 Governing Law

These Terms of Service and all contractual relationships between AWE and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Darmstadt, Germany.

12.3 Severability

If any provision of these Terms of Service is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intended economic purpose.

12.4 Written Form

Amendments and additions to these Terms of Service must be made in writing. This also applies to the waiver of the written form requirement. Communication via email is considered to be in written form.