Terms and Conditions

§ 1 Scope, Definitions

(1) These T&C apply to all contracts between the Provider and the Customer regarding the paid or unpaid use of the Begehung.pro platform, in particular the associated mobile and web applications.

(2) The Provider's offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and special funds under public law. Consumers within the meaning of § 13 BGB are excluded as contractual partners. By concluding the contract, the Customer warrants that they are acting as an entrepreneur.

(3) Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

(4) For the purposes of these T&C, the following definitions apply: "Platform" means the Software-as-a-Service solution Begehung.pro, consisting of the mobile app (Android, iOS), web app, and associated backend services; "Reports" means inspection, audit, and defect documents generated automatically or semi-automatically; "Customer Data" means all data entered or uploaded into the Platform by the Customer or its users (in particular photos, audio, notes, locations, regulatory documents).

§ 2 Conclusion of Contract

(1) The presentation of the Platform and pricing tiers on the website www.begehung.pro does not constitute a binding offer but rather an invitation to submit an offer.

(2) The contract is concluded upon the Customer's acceptance, in text form (e.g., email), of an individual offer made by the Provider. The Provider confirms the conclusion of the contract in text form.

(3) Conditions individually agreed between the Provider and the Customer take precedence over these T&C in the event of a conflict.

§ 3 Description of Services

(1) The Provider makes available to the Customer, via the Internet, a Software-as-a-Service platform for the digital documentation of inspections, audits, and defects. The specific scope of features and services is determined by the booked tariff and the description of services applicable at the time the contract is concluded.

(2) The services typically include: (a) capture of photos, audio, notes, and location data via the mobile app; (b) management and analysis of these data in the web app; (c) automated generation of reports using AI methods; (d) export of reports in standardized formats (PDF, DOCX); (e) provision of storage space within the agreed scope.

(3) The Provider is entitled to further develop the Platform and to change or replace features, provided that the contractual purpose is not materially impaired. Material functional restrictions will be announced at least six weeks in advance.

(4) The Provider owes the provision of the Platform but neither its actual use by the Customer nor any specific economic outcome of such use.

(5) The provision of the Platform is legally classified as a paid grant of use within the meaning of §§ 535 et seq. BGB (German Civil Code). The contractual condition of the Platform is determined exclusively by the description of services applicable at the time the contract is concluded and by the service levels under § 4 of these T&C. Expectations going beyond the qualities agreed in these T&C do not constitute a defect.

§ 4 Availability, Maintenance, Service Level

(1) The Provider strives for an availability of the Platform of 99 % on annual average, measured at the handover point to the Provider's Internet backbone. Availability means the ratio of actual to target availability time within a calendar year.

(2) The following are excluded from the availability calculation: (a) scheduled maintenance windows pursuant to paragraph 3; (b) outages due to force majeure; (c) disruptions for which the Customer or a third party is responsible; (d) outages of the public Internet or of third-party upstream services (hosting, AI providers).

(3) Scheduled maintenance windows generally lie outside the maintenance off-hours (Mon–Fri 06:00–20:00 CET/CEST) and will, where reasonable, be announced at least 48 hours in advance via the Platform or by email. Emergency maintenance to remedy security-critical defects is permissible at any time without prior notice.

(4) Disruptions must be reported to the Provider in text form without undue delay, including a meaningful description. The Provider will begin analyzing reported disruptions within one business day during the Service Hours.

(5) Disruptions are handled according to the following severity scheme: Severity 1 – Critical (Platform completely unusable): response time 4 hours, resolution target 24 hours. Severity 2 – High (core function significantly impaired): response time 1 business day, resolution target 3 business days. Severity 3 – Medium (function impaired, workaround available): response time 2 business days, resolution target 10 business days. Severity 4 – Low (cosmetic defects, no loss of function): resolved according to priority. Response and resolution times apply during the Service Hours (Mon–Fri 09:00–18:00 CET/CEST) and are not triggered by the exceptions listed in paragraph 2.

(6) Insofar as the Platform is still in a public beta or preview phase, the stricter rules of § 14 of these T&C apply.

§ 5 Customer's Cooperation Obligations

(1) The Customer provides the infrastructure required to use the Platform, in particular suitable end devices (smartphone, tablet, computer), up-to-date browser or operating system versions, and a sufficient Internet connection.

(2) The Customer shall keep their access credentials secure and shall not pass them on to third parties. In the event of loss or suspected unauthorized use, the Customer shall inform the Provider without undue delay.

(3) The Customer is responsible for the lawfulness of all content uploaded to the Platform by the Customer or its users. In particular, the Customer ensures that, for every capture and processing of personal data – in particular images, audio, and location data – there is a sufficient legal basis under Art. 6 paragraph 1 GDPR and, insofar as special categories of personal data are involved (e.g., health data in accident photos), under Art. 9 GDPR. When taking pictures of identifiable persons, the Customer also complies with the requirements of §§ 22, 23 of the German Act on Copyright in Works of Art and Photography (KUG). The Customer transparently informs the persons depicted or recorded in advance in accordance with Art. 13 and 14 GDPR and obtains any required consents. The Customer also observes copyrights in uploaded regulatory documents and the industrial property rights of third parties.

(4) Under data protection law, the Customer is the controller within the meaning of Art. 4 No. 7 GDPR for the personal data uploaded to the Platform by the Customer. The Provider processes these data exclusively on the Customer's instructions as a processor within the meaning of Art. 28 GDPR; details are governed by the Data Processing Agreement (§ 9). The Provider does not use the Customer's data on its own responsibility or for its own purposes; in particular, the Customer's data is not used to train, fine-tune, or permanently improve any AI models, whether the Provider's own or those of third parties. Any processing by the Provider beyond this for its own purposes (e.g., anonymized quality assurance or research purposes) takes place only on the basis of a separate, explicit agreement with the Customer.

(5) The Customer regularly backs up reports and data essential to them outside the Platform (e.g., by exporting to PDF/DOCX). The Provider's data backup obligations remain unaffected; for the limitation of liability in the event of data loss, see § 12.

(6) The mobile app allows the temporary capture of data without an active internet connection (offline mode). For as long as data is only stored locally on a Customer's end device and has not yet been successfully synchronized to the Platform, the Customer is responsible for backing it up, in particular against loss due to theft, defect, damage, accidental deletion, uninstallation of the app, or resetting of the device. The Provider is not liable for the loss of such not-yet-synchronized data; § 12 paragraph 1 remains unaffected.

(7) The Customer indemnifies the Provider from all third-party claims, including reasonable costs of legal defense, asserted against the Provider on the basis of a breach of the obligations under paragraph 3 or on the basis of unlawful content of the Customer. The indemnification is conditional on the Provider notifying the Customer of the claim without undue delay and leaving the conduct of the legal defense to the Customer – in coordination with the Provider; the Customer shall not acknowledge the claim without the Provider's prior consent. In the event of contributory fault on the part of the Provider, the indemnification is reduced in accordance with § 254 BGB.

§ 6 Rights of Use

(1) The Provider grants the Customer, for the duration of the contract, a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Platform within the agreed scope and as intended.

(2) Beyond the acts mandatorily permitted under §§ 69d, 69e UrhG (German Copyright Act), the Customer is prohibited from reverse-engineering, decompiling, or modifying the Platform or its components.

(3) Provision of the Platform to unauthorized third parties, in particular by way of subletting or as a "white-label" offering, is permitted only with the prior written consent of the Provider.

(4) All rights to the Platform, in particular to source code, designs, texts, logos, and templates provided by the Provider, remain with the Provider or its licensors.

§ 7 Prices and Payment Terms

(1) The remuneration is governed by the order form agreed between the parties or by the order confirmation issued by the Provider; these documents are authoritative as to prices and the scope of services and become part of this contract. No external price list is incorporated into the contract. All prices are in euros and exclusive of statutory value-added tax.

(2) Unless otherwise agreed, the remuneration is invoiced monthly in advance and is due within 14 days of the invoice date without deduction.

(3) In the event of late payment, the Provider is entitled to charge default interest at the statutory rate (§ 288 (2) BGB). If the Customer is more than 30 days in default with due payments, the Provider is entitled, after prior reminder, to suspend access to the Platform until full payment is made. The obligation to pay remuneration remains in place during the suspension.

(4) The Provider is entitled to adjust the remuneration no more than once per contract year at its reasonable discretion (§ 315 BGB), insofar as the cost factors essential for the provision of the services – in particular expenses for hosting, AI upstream services, data transmission, personnel, as well as taxes and statutory levies – have changed materially since the last price setting. Any such adjustment will be notified to the Customer, stating the relevant cost factors, with prior notice of at least six weeks. If the adjusted remuneration exceeds the remuneration agreed upon at the conclusion of the contract by more than five percent, the Customer has a special right of termination effective on the date the increase takes effect.

§ 8 Contract Term and Termination

(1) The contract begins upon its conclusion. The minimum contract term is determined by the tariff booked by the Customer and is one month, twelve months, or twenty-four months.

(2) Where the minimum contract term is twelve or twenty-four months, the contract automatically renews for successive periods of twelve months after the minimum term has expired, unless terminated by either party with a notice period of one month prior to the end of the respective term.

(3) Where the minimum contract term is one month, the contract automatically renews for successive periods of one month, unless terminated by either party with a notice period of fourteen days prior to the end of the respective term.

(4) The right of either party to extraordinary termination for cause (§ 314 BGB) remains unaffected. For the Provider, cause exists in particular in the case of sustained payment default or serious breaches by the Customer of § 5 paragraph 2 (access credentials), paragraph 3 (lawfulness of content), or paragraph 4 (data protection responsibility).

(5) Notices of termination must be in text form and addressed to the contact address specified in the Provider's legal notice (Impressum).

§ 9 Data Protection and Data Processing

(1) The Provider processes personal data on behalf of the Customer exclusively on the basis of a Data Processing Agreement ("DPA") in accordance with Art. 28 GDPR. Prior to the start of processing, the parties shall enter into a DPA, which becomes part of this contract as an annex.

(2) Details on the processing of personal data of the Customer, its employees, and its end customers are set out in the DPA and in the Provider's Privacy Policy.

(3) The Provider takes appropriate technical and organizational measures (TOM) to protect the data. These are documented as an annex to the DPA.

(4) The Provider engages additional processors (subprocessors) within the meaning of Art. 28 paragraph 4 GDPR to provide the services, in particular for hosting and AI-based processing. The processing of personal data generally takes place within the European Union or the European Economic Area; processing in a third country only takes place where appropriate safeguards under Art. 44 et seq. GDPR apply (in particular EU Standard Contractual Clauses or an adequacy decision). A current list of the engaged subprocessors – including registered office and processing location – is published at a URL provided by the Provider for this purpose and is additionally referenced in the DPA. The Customer will be informed of intended changes with reasonable advance notice; the Customer has the right to object to a material change and to terminate the contract extraordinarily in such case, effective on the date the change takes effect.

§ 10 Data Return and Data Deletion after Termination

(1) After termination of the contract, the Provider will make the Customer's Customer Data available for export for a period of 30 days from the end of the contract in a common, machine-readable format (ZIP archive containing PDF reports and structured JSON data).

(2) After expiry of the period set out in paragraph 1, the Provider will permanently delete the Customer Data, unless statutory retention obligations require otherwise. In particular, billing and accounting data will be retained for the statutory period pursuant to § 257 HGB and § 147 AO.

(3) Upon the Customer's request, the Provider will confirm the deletion in text form.

§ 11 Warranty for Defects

(1) A defect exists if the Platform deviates more than insignificantly from the agreed quality as set out in the description of services and the contractual use is thereby more than insignificantly impaired. Insignificant deviations do not constitute a defect.

(2) Defects must be reported to the Provider in text form without undue delay after discovery, with a comprehensible description.

(3) The Provider will remedy defects within a reasonable period. If the remedy of the defect ultimately fails despite a reasonable additional period, the Customer may reduce the remuneration or terminate the contract for cause. Further claims are governed by § 12.

(4) The limitation period for warranty claims is twelve months from knowledge or grossly negligent ignorance. This does not apply to claims for damages in case of intent, gross negligence, injury to life, body, or health, claims under an expressly assumed guarantee, or claims under the German Product Liability Act.

(5) No defect exists in case of impairments resulting from improper operation, faulty input by the Customer, unsuitable end devices, disruptions of the Internet connection, or other circumstances outside the Provider's area of responsibility.

§ 12 Liability and Damages

(1) The Provider is liable without limitation for damages caused by intent or gross negligence, for damages resulting from injury to life, body, or health, within the scope of an expressly assumed guarantee, and under the German Product Liability Act.

(2) In cases of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal duty), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In such cases, liability is limited to the damage typically foreseeable for this type of contract.

(3) Insofar as liability is limited under paragraph 2, it is capped per contract year at the amount of the net remuneration paid by the Customer in the preceding twelve months.

(4) Without prejudice to paragraphs 1 and 2, the Provider is liable for damages arising from data loss only to the extent that the damage would also have occurred had the Customer carried out a proper, regular backup pursuant to § 5 paragraph 5.

(5) Any further liability is excluded. The above limitations of liability also apply for the benefit of the Provider's legal representatives and vicarious agents.

(6) For the avoidance of doubt: Regulatory fines imposed on the Customer under Art. 83 GDPR or comparable provisions, which are based on an intentional or grossly negligent breach of duty by the Provider under the Data Processing Agreement (§ 9), are not subject to the liability cap pursuant to paragraph 3. In cases of simple negligence, the liability cap under paragraph 3 applies.

§ 13 AI-Generated Content

(1) The Platform uses artificial-intelligence methods to generate reports, summaries, and assessments. AI-generated content may, despite due care, be incomplete, inaccurate, or erroneous.

(2) The Customer acknowledges that AI-generated content is solely an aid and does not replace professional, technical, safety-related, or legal review by a qualified person. Before any disclosure to clients, authorities, or third parties, the Customer shall review and approve the content under their own responsibility.

(3) With Begehung.pro the Provider does not provide expert, surveyor, or legal advisory services and assumes no responsibility for the professional accuracy of AI outputs.

(4) The Customer acknowledges that, due to how the underlying methods operate, AI-generated content may be entirely fabricated ("hallucinated"), incomplete, biased, discriminatory, or otherwise erroneous. In particular, quotations from legal or regulatory texts, technical values, defect findings, or assessments of individuals may be inaccurate. The Customer shall not use AI-generated content as a binding basis for safety-, liability-, or health-related decisions without a prior expert end-check by a person qualified for that purpose.

§ 14 Beta Features and Preview Versions

(1) Features expressly designated in the Platform as "Beta", "Pre-release", "Preview", or "Experimental" are made available to the Customer for testing free of charge or at reduced rates.

(2) The availability provisions of § 4 and the warranty provisions of § 11 do not apply to such features. The Provider may restrict or discontinue them at any time without prior notice.

(3) The Provider's liability for beta features is limited to intent and gross negligence; § 12 paragraph 1 otherwise remains unaffected.

(4) If the entire Platform is in a public preview or beta phase (Pre-Launch), the service-level provisions under § 4 paragraph 1 (availability target) and paragraph 5 (severity classes, response and resolution times) do not apply. In this case, the Provider uses its best efforts to ensure stability, availability, and remediation of disruptions, but does not owe any specific response or resolution times. § 4 paragraph 3 (maintenance windows) and paragraph 4 (Customer's notification duty) remain unaffected.

§ 15 Confidentiality

(1) Both parties undertake to treat all confidential information of the other party obtained in the course of performing the contract as confidential for the term of the contract and three years thereafter, and to use such information only for purposes of performing the contract.

(2) The confidentiality obligation does not apply to information that (a) was demonstrably already publicly known, (b) becomes publicly known through no fault of the receiving party, (c) was lawfully made known to the receiving party by third parties without an obligation of confidentiality, or (d) must be disclosed pursuant to a legal or official order.

§ 16 Amendments to the T&C

(1) The Provider may amend these T&C with prior notice of at least six weeks. The amended T&C will be communicated to the Customer in text form (email); the changes will be highlighted.

(2) Insofar as amendments do not materially alter the balance between performance and consideration and leave the principal obligations unaffected, they are deemed accepted unless the Customer objects in text form within six weeks of receipt of the notice. The following amendments – and only these – are deemed not material: (a) adjustments to mandatory statutory or supreme-court requirements, (b) concretizations of technical service descriptions that do not reduce the previous scope of functions, (c) editorial and linguistic clarifications without substantive change, and (d) the addition of further functions made available to the Customer free of charge. The Customer will be specifically informed in the notice of the deemed acceptance and of the special right of termination under paragraph 4.

(3) Material amendments, in particular those affecting the principal obligations or the scope of the mutual rights and duties, require the Customer's express consent in text form. Adjustments to the remuneration are governed by § 7 paragraph 4.

(4) If the Customer duly objects to an amendment under paragraph 2 or refuses consent to a material amendment under paragraph 3, either party is entitled to terminate the contract for cause with effect from the date the amendment takes effect.

§ 17 Force Majeure

(1) Neither party shall be liable for the non-performance of contractual obligations to the extent that this is due to force majeure. Force majeure includes in particular natural disasters, war, terrorism, pandemics, official measures, large-scale failures of the Internet or of power and telecommunications networks, and serious cyberattacks by third parties.

(2) If the event lasts longer than sixty days, both parties are entitled to extraordinary termination.

§ 18 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is, to the extent legally permissible, the Provider's place of business. The Provider is also entitled to bring proceedings at the Customer's general place of jurisdiction.

(3) Should individual provisions of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the invalid one.

(4) Amendments and supplements to this contract must be in text form. This also applies to the cancellation of this text-form clause.