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 the inspection, audit, and defect documents generated by the Platform from the data of an inspection; "Customer Data" means all data entered or uploaded into the Platform by the Customer or its users (in particular photos including their metadata, audio files, notes, signatures, checklists, and import documents). The Platform does not determine any location; location details contained in the metadata of an uploaded photo are carried over. During a public preview or beta phase, not every component of the Platform is generally available; § 14 paragraph 4 governs that phase.

§ 2 Conclusion of Contract

(1) The presentation of the Platform and prices 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 in one of the following ways: (a) 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; (b) by a booking in the web app: a user of the Customer with the role "owner" or "admin" selects the plan and the number of seats and completes the order on the checkout page of the payment service provider Stripe; the contract is concluded upon completion of the order; (c) by a subscription that the Provider sets up for the Customer by arrangement with the Customer; the contract is concluded upon receipt of the Provider's notification of the subscription in text form. The plan, number of seats, price and minimum contract term follow from the booking in case (b), from the subscription in case (c), and otherwise from the order form or order confirmation.

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

(4) Prior to the conclusion of a paid contract, the Provider makes a free trial run available to interested parties. The trial run is a contract for the unpaid use of the Platform within the meaning of § 1 paragraph 1; it does not establish a paid contract and does not automatically convert into one. These T&C apply to it subject to the following provisions: (a) the contract is concluded upon the interested party's first sign-in to the Platform, by whatever route: registration with an email address after its confirmation, sign-in via Google, Microsoft or Apple, or sign-in with an access to which the Provider has invited them. With it, the interested party becomes a Customer within the meaning of these T&C, and the contact details they provide at that point replace the order form and the order confirmation for the purpose of identifying the Customer. The trial run is for one person; the Customer can invite further users only under a paid contract. There is one trial run per email address: if the email address belonged to a user of a Customer whose data were erased under § 10 paragraph 4, the trial run ends upon the first sign-in and the retrieval period under § 10 paragraph 1 begins with it; the Customer can conclude a paid contract under paragraph 2 right away; (b) the trial run covers at most one complete inspection run including sealing of the inspection; the scope of services is determined conclusively by this provision, and functions beyond that are not part of the trial run. The return of data under § 10 remains unaffected; (c) the trial run is limited to 30 days from the first sign-in. The contract ends upon sealing of the inspection, upon conclusion of a paid contract under paragraph 2, upon termination by the Customer in text form, upon the Provider ending it under (e), upon the expiry of the 30 days, or on any other ground for ending the contract under these T&C, whichever occurs first. If the trial run ends without a paid contract being concluded, the retrieval period under § 10 paragraph 1 ends, notwithstanding sentence 2 of that paragraph, only 90 days after expiry of the 30 days; (a) sentence 4 remains unaffected. § 8 paragraph 1 sentences 2 and 3 and § 8 paragraphs 2, 3 and 5 to 9 do not apply; (d) no remuneration is agreed; § 7 paragraph 4 does not apply; (e) § 3, § 4 and § 11 do not apply; the Provider renders the trial run services without obligation, the Customer has no claim to provision, availability, continuation or freedom from defects, and the Provider may end the trial run at any time in text form; the Provider's liability is limited to intent and gross negligence; § 12 paragraph 1 otherwise remains unaffected; (f) the trial run is a non-production version of the Platform for testing and evaluation purposes for a limited period of time within the meaning of Art. 31 paragraph 2 of Regulation (EU) 2023/2854 (Data Act). The obligations under Chapter VI of that Regulation (switching between data processing services) therefore do not apply to it; the Provider hereby gives notice of this pursuant to Art. 31 paragraph 3 of that Regulation.

§ 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 scope of features and services (description of services) is determined conclusively by paragraph 2 and by the booking, the subscription set up by the Provider, or the order form or order confirmation pursuant to § 7 paragraph 1.

(2) The services comprise: (a) digital performance and documentation of inspections in the web app and the mobile app, including the upload of photos and audio files in the web app; the Platform does not determine any location, and location details contained in the metadata of a photo are carried over; (b) management and analysis of these data in the web app; (c) the AI functions under § 13 paragraph 1: import of checklists and earlier reports, suggestions for comments and actions, and transcription of audio files; the Platform generates the reports from the data of the inspection without AI; (d) export of reports of sealed versions of an inspection as PDF, digitally signed with a certificate of the Provider and bearing a timestamp (PAdES), and download of the draft report as an editable Word file; (e) sending of minutes, reports, and tasks by email to third parties designated by the Customer; (f) return of data under § 10; (g) 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 under paragraph 1 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) disruptions of the public Internet outside the Provider's sphere of influence.

(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 photos including their metadata and audio files, 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 import 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). 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.

(5) As between the parties, the Customer Data and the content the Customer creates with the Platform, including adopted AI output and the Reports, belong to the Customer. The Provider uses them exclusively to render the contractual services and only for the term of the contract and until erasure under § 10 paragraph 4; § 5 paragraph 4 remains unaffected.

§ 7 Prices and Payment Terms

(1) The remuneration is governed by the booking in the web app (§ 2 paragraph 2 (b)), by the subscription set up by the Provider (§ 2 paragraph 2 (c)), or by the order form agreed between the parties or the order confirmation issued by the Provider; these are authoritative as to prices, the number of seats and the scope of services and become part of this contract. No external price list is incorporated into the contract. The remuneration is charged per seat; each seat allows one user of the Customer to use the Platform. All prices are in euros and exclusive of statutory value-added tax.

(2) Unless otherwise agreed, the remuneration is invoiced for twelve months in advance under the "12 months" plan and monthly in advance under the "Monthly" plan (plans under § 8 paragraph 1). It is due without deduction upon booking or at the start of each billing period. Where payment by bank transfer is agreed, the remuneration is due without deduction within 14 days of the invoice date.

(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.

(5) For a booking in the web app, the Customer pays by SEPA direct debit or card. Payment by bank transfer is only possible for a subscription set up by the Provider or by individual agreement. The Provider handles payments, invoices and payment reminders via the payment service provider Stripe; the Customer receives invoices by email.

(6) Users with the role "owner" or "admin" can change the number of seats in the web app. An increase takes effect immediately; the remuneration for the additional seats up to the end of the current billing period is charged immediately on a pro rata basis. A reduction takes effect at the end of the current minimum contract term or renewal period. A change from the "Monthly" plan to the "12 months" plan takes effect immediately; a new minimum contract term of twelve months begins with it, and the remuneration paid for the current month is credited for the remaining time. A change from the "12 months" plan to the "Monthly" plan takes effect at the end of the current twelve months.

§ 8 Contract Term and Termination

(1) The contract begins upon its conclusion. The minimum contract term is twelve months under the "12 months" plan and one month under the "Monthly" plan; which plan applies follows from the booking, the subscription set up by the Provider, or the order form or order confirmation (§ 2 paragraph 2). Other minimum contract terms apply only if agreed in a subscription set up by the Provider or in an individual offer.

(2) After the minimum contract term has expired, the contract automatically renews for the same period, for twelve months at a time under the "12 months" plan and for one month at a time under the "Monthly" plan, unless it is terminated. The Customer may terminate without observing a notice period up to the last day of the minimum contract term or of the current renewal period; the termination takes effect at its end.

(3) The Provider may terminate the contract with ordinary notice as of the end of the minimum contract term or of the current renewal period, with a notice period of one month under the "12 months" plan, fourteen days under the "Monthly" plan, and one month for any other minimum contract 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) The Customer gives notice of termination via the customer portal of the payment service provider Stripe, which users with the role "owner" or "admin" reach from the profile of the web app, or in text form to the contact address specified in the Provider's legal notice (Impressum). The Provider gives notice of termination in text form to the address of the customer account.

(6) If the Customer requests a refund of the remuneration in text form within one month of the start of the first paid billing period (money-back guarantee), the Provider refunds in full the remuneration paid for that contract. The request requires no statement of reasons. Notwithstanding paragraphs 1 and 2, the contract ends in this case upon receipt of the request by the Provider. A free trial run and periods without remuneration, such as free months, do not count towards the first paid billing period. The guarantee applies only to the Customer's first paid contract; a change of plan and later contracts are excluded. A termination under paragraph 2, including one via the customer portal, is not a request under sentence 1 and does not trigger a refund.

(7) The Customer may at any time, including during the minimum contract term or a renewal, request in text form one or more of the following measures (Regulation (EU) 2023/2854, Data Act): (a) switching to another provider of data processing services, (b) porting its exportable data under § 10 paragraph 2 to its own IT infrastructure, or (c) erasure of these data. If the Customer requests a switch, it states the details of the new provider required for the switch. The switching or porting begins after a notice period of two months from receipt of the request; the Customer may specify a shorter notice period in its request. The notice period is followed by a transitional period of at most 30 calendar days, during which the Customer retrieves its data and ports them itself or through a third party it has engaged. The Customer may extend the transitional period once by a period it considers appropriate for its purposes. During the notice period and the transitional period, including any extension, the contract remains in force with all obligations to perform and to pay.

(8) If the transitional period of 30 calendar days is technically unfeasible, the Provider notifies the Customer within 14 working days of receipt of the request, duly justifies the technical unfeasibility, and indicates an alternative transitional period of at most seven months; paragraph 7 sentence 5 applies accordingly. During the transitional period, the Provider (a) provides reasonable assistance to the Customer and the third parties it has engaged in the switching, (b) continues to render the contractual services with due care in order to maintain business continuity, (c) provides the Customer with clear information on known risks to the continuity of the service, and (d) ensures a high level of security throughout the switching process, in particular for the data during the transfer and during the retrieval period under § 10 paragraph 1. Irrespective of a request under paragraph 7, the Provider supports the Customer's exit strategy and provides it, upon request, with all information relevant to it. The procedures, methods, formats, and known limitations as well as the information under Art. 28 of the Data Act are described on the page begehung.pro/en/datenformate.

(9) The contract ends as soon as the Customer confirms to the Provider in text form that the switching or porting has been completed successfully, and no later than upon expiry of the transitional period including any extension or any alternative transitional period under paragraph 8; the Provider confirms the end of the contract to the Customer. If the Customer only requests erasure under paragraph 7 (c), the contract ends upon expiry of the notice period; the Provider notifies the Customer of the end of the contract. The Provider does not charge a separate fee for the switching, porting, or erasure (switching charge). If the contract ends under sentence 1 or sentence 2 before the minimum contract term or a current renewal period under paragraph 2 expires, the Customer owes the agreed remuneration for the period from the end of the contract until that expiry, but no more than three monthly amounts, less the expenses saved by the Provider; the monthly amount is the portion of the most recently agreed remuneration attributable to one month. The Customer remains free to prove that the Provider has incurred no loss or a substantially lower loss. The Provider refunds any remuneration paid in advance beyond that for the period after the end of the contract.

§ 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. The parties conclude the DPA before processing begins. It is concluded upon the Customer's consent at registration; if the Customer did not consent there or a new version applies, upon its consent before further use of the Platform. It 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. The current list of engaged subprocessors with registered office, purpose, data categories, processing location, and third-country safeguard is available at begehung.pro/en/subprozessoren and forms part of the DPA as Annex 1. The subprocessors process the Customer's data at the locations named there. These are locations in the European Union, except for the delivery of push notifications to the app; Google and Apple also process this delivery outside the EU, in particular in the USA. Some subprocessors are established in a third country or belong to groups established in a third country; this may result in transfers to a third country, for example through access for maintenance and support. Annex 1 states the third-country relation and the safeguard under Art. 44 et seq. GDPR for each subprocessor, and for the Apple Push Notification service the applicable Apple terms. The Provider announces intended changes to the subprocessors to the Customer by email to the address of the customer account, at least four weeks before they are engaged. If an existing subprocessor engages a further sub-subprocessor, the Provider informs the Customer without undue delay after becoming aware of it. The Customer may object to the change in text form within four weeks of receipt of the notice for a legitimate reason, in particular data protection concerns. In the event of a justified objection, the Provider does not engage the subprocessor in question for the Customer's data. If this is not reasonable for the Provider, either party is entitled to terminate the contract for cause as of the effective date of the change; if the change is already effective at the time of the objection, with immediate effect. Details are governed by § 5 and § 13 of the DPA.

§ 10 Data Return and Data Deletion

(1) During the term of the contract, the Customer can retrieve its exportable data (paragraph 2) itself at any time in the profile of the web app; users with the role "owner" or "admin" are entitled to do so. After the contract has ended, the Provider makes them available for retrieval for a period of 90 days from the end of the contract, but not before the end of a transitional period under § 8 paragraphs 7 and 8 (retrieval period); for the trial run, § 2 paragraph 4 (a) and (c) applies. During the retrieval period, and for a trial run from expiry of the 30 days, users with the role "owner" or "admin" can only reach the profile of the web app, in particular the return of data and the booking of a new contract; the other users no longer have access. Upon the Customer's request, the Provider extends the retrieval period by a reasonable amount of time; any further extension may be agreed separately. The Provider may also grant the extension by means of a free subscription under § 2 paragraph 2 (c); the retrieval period then begins anew upon its end. The data are provided in a common, machine-readable format: as a ZIP archive containing structured XML data with its schema, the stored PDF files, and the other stored files. Should the archive be larger than 50 GiB, the Provider provides the data upon request. The procedures, formats, schemas, and known limitations are described on the page begehung.pro/en/datenformate.

(2) The following data of the Customer, including their metadata (in particular identifiers, points in time, and references between the data), are exportable, conclusively: company profile including sending settings and sender; customers, contacts, and customer logos; projects; inspection series; inspections with all sealed versions and drafts, including attendees, notes, comments, and transcripts; findings, evidence, and signatures; actions with the responses of external parties (assessment, reason, evidence photo); discussions on drafts and sealed versions; mailings with type, recipient, subject, delivery status, and points in time; checklists in all versions and checklist item sources; custom report templates with name, assignment, and Word file; the account data of the current team members (name, email address, profile picture, role in the tenant); the stored PDF files of sealed versions with a list of their hash values; the stored files (photos in the version downsized by the Platform, audio files converted to M4A where applicable, signature images, logos, evidence photos).

(3) Access and invitation tokens are not exportable data; they are neither entered by the Customer nor generated by its use, but secure access to the Platform. The following data, which serve the internal functioning of the Platform and whose disclosure would endanger the Provider's trade secrets, are furthermore conclusively exempt from the return of data: (a) export and return jobs, delivery events of the email service beyond the delivery status under paragraph 2, notifications within the application, and operational and diagnostic data such as the records of AI calls and the error diagnostics events; (b) the version list of AI suggestions and the interim results and source files of an AI import not yet adopted; adopted texts and content are exportable under paragraph 2. Deleted data and the source files of an AI import after adoption or rejection are no longer stored and therefore not part of the return of data.

(4) After expiry of the retrieval period, the Provider blocks access to the Platform for all users of the Customer; the data are thereby due for erasure. No later than seven days after the block, the Provider completely erases all exportable data, the remaining Customer Data and the user accounts of the Customer's users (sign-in data, name), unless statutory retention obligations require otherwise. Until erasure, the Provider may set up a subscription under § 2 paragraph 2 (c) at the Customer's request; the data are then retained and the erasure no longer takes place. If the Customer has requested erasure under § 8 paragraph 7 (c), the Provider erases the data upon the end of the contract. Exempt from erasure are (a) a non-reversible hash of the users' email addresses (fingerprint), which prevents a further free trial run upon a new registration with the same email address (§ 2 paragraph 4 (a)), for as long as the Provider offers a free trial run, (b) the record of which version of these T&C and of the DPA was accepted and when, until the end of three years after the end of the year of erasure, and (c) invoices and the customer data held by the payment service provider Stripe for the duration of the statutory retention obligations. Erased data are removed from backups and from error diagnostics after expiry of the periods stated in § 11 paragraph 6 of the DPA. Billing and accounting data are retained for the statutory period pursuant to § 257 HGB and § 147 AO.

(5) Upon the Customer's request, the Provider confirms 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 exclusively for the following functions: import of checklists and earlier reports, suggestions for comments and actions, and transcription of audio files. The Platform generates the Reports from the data of the inspection without AI. A third-party model is used, currently Gemini via Google Vertex AI; the Provider may change the model or the third-party provider, provided that the contractual purpose is not materially impaired, and a change of subprocessor is governed by § 9 paragraph 4. Suggestions for comments and actions and the results of an import are marked as AI suggestions before they are adopted; only their adoption by the user writes them into the inspection or the checklist. Transcripts are created automatically after an audio file is uploaded. 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 terminate the contract for cause.

§ 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.