General Terms and Conditions
Convenience translation of the German original. Only the German version is legally binding.
Structure: Part A contains the terms. Part B contains the consumer information on withdrawal relevant for software licenses (B1) and the model form (B4); parts B2 (services including SaaS) and B3 (delivery of goods) exist in the German original only.
Part A General Terms and Conditions
1 Provider and Scope
1.1 The contracting party is 1More UG (haftungsbeschränkt), Kienberger Allee 4, 12529 Schönefeld, Germany, registered with the Local Court (Amtsgericht) of Cottbus under HRB 19684 CB, phone +49 30 991910724, e-mail mail@1more.tech, hereinafter "1More" or "we".
1.2 These Terms apply to contracts for software for local installation, software as a service, custom development and supplementary maintenance, support, consulting and other services. Provisions on AI functions and hardware apply only if such services are agreed. The mention of a type of service does not give rise to a claim to its provision.
1.3 Consumers are natural persons who act for purposes that predominantly lie outside their trade, business or self-employed profession (Section 13 German Civil Code, BGB). Businesses are persons and partnerships with legal capacity who, when concluding the contract, act in the exercise of their trade, business or self-employed profession (Section 14 BGB). The name of a plan or a registration as a business customer does not by itself change the legal status.
1.4 Deviating terms and conditions of business customers apply only if we expressly agree to them. Individual agreements and mandatory statutory rights remain unaffected.
2 Types of Service and Contract Documents
2.1 Software for local installation is provided for download or on a data carrier and is operated on end devices or on infrastructure for which the customer is responsible. SaaS means software that we or service providers commissioned by us operate and make available for use over the internet. Installing supplementary programs does not change the nature of the agreed SaaS service.
2.2 Custom development is the customer-specific creation or adaptation of software. Insofar as a specific result is owed, such as a working product according to an agreed specification, the provisions on contracts for work apply. For consulting, training or assistance without an agreed result, we owe the agreed professional activity. The actual content of the contract is decisive.
2.3 The form of provision, the payment model and the duration of the right of use are agreed separately. Possible models include in particular a subscription with recurring payment, a one-time payment for a time-limited license and a one-time payment for a permanent right of use. A one-time payment does not by itself establish a permanent right of use. An open-ended SaaS contract is not a permanently granted local software license. These Terms do not assign any product to a particular model.
2.4 In the event of conflict, the following order of precedence applies: individually negotiated agreements; the special agreements and statements of work included at the conclusion of the contract, including an agreed service level agreement and the Special License Terms for locally installed software; the service description and order summary applicable at the conclusion of the contract; these Terms. A data processing agreement takes precedence for its data protection subject matter. A later confirmation does not unilaterally change an agreement already made. The precedence of individual agreements under Section 305b BGB applies regardless of their form.
2.5 The service description and order summary determine in particular the functions, scope of use, number of users or devices, system requirements, compatibility, interoperability, technical protection measures, start of provision, license term, contract term, remuneration and any additional services. Deviations from the objective requirements for digital consumer products or goods with digital elements require the specific information prescribed by law and an express separate agreement; the order of precedence does not replace these.
3 Conclusion of the Contract and Online Orders
3.1 Product presentations are invitations to place an order unless they are expressly designated as a binding offer. Before placing an online order, the customer can check their details on the order summary shown and correct them using the input options provided. An online order is placed in the following steps: selection of product, plan and number of licenses in the customer portal; sign-in to the customer account and entry of the billing details; consent to these Terms and the special agreements included in each case and, where applicable, to the early start of the provision of digital content; forwarding to the payment page of our payment service provider with the order summary (product, number of licenses, total price); review of the order summary, choice of payment method and placing of the order using the payment button on the payment page (for example "Pay"). Input errors can be corrected until the order is placed using the editing functions shown or by going back in the order process.
3.2 By clicking the payment button on the payment page (for example "Pay"), the button "order with obligation to pay" or an equally unambiguous button, the customer makes a binding offer. The buttons in the customer portal that lead to the payment page do not yet constitute an offer. An automatic confirmation of receipt only confirms receipt unless it expressly declares acceptance. We accept the offer within five calendar days by express order confirmation, activation or delivery. If the offer is not accepted within this period, the customer is no longer bound; we refund amounts already collected without undue delay.
3.3 For individual quotations, acceptance is governed by their content and validity period. The start of an expressly ordered service may constitute acceptance. No contract is concluded without agreement on the essential terms of the contract.
3.4 Conclusion of the contract, due date of payment and activation of the service are to be distinguished. If advance payment is agreed, we may withhold the service until payment. A failed payment or a later failed direct debit does not automatically terminate a contract already concluded.
3.5 The language of the contract is German unless otherwise agreed. We send the contract confirmation including the agreed terms and the required consumer information on a durable medium, for example by e-mail. These Terms can be saved before the conclusion of the contract. Permanent access to the contract text in a customer account is owed only if expressly offered. For consumers, the contract confirmation is provided within the statutory period, at the latest on delivery or before the start of the service.
4 Provision and Cooperation
4.1 We provide the agreed services on the agreed dates. If no date has been agreed, the statutory performance periods apply. For digital consumer products, the obligation to provide them without undue delay after conclusion of the contract applies in particular, unless another time has been agreed.
4.2 The customer provides, within their area of responsibility, the technical requirements communicated to them before the conclusion of the contract. For project services, the customer provides the specifically agreed cooperation in good time, in particular necessary information, lawfully usable content and access. We point out recognizable obstacles to cooperation. Dates are postponed only by the delay demonstrably caused plus a reasonable restart period. Further claims are governed by law.
4.3 The customer protects their access data against unauthorized access and informs us without undue delay of any misuse detected. Agreed user limits must be observed. The customer is liable for the conduct of other users only under the statutory rules of attribution; no strict liability is established.
4.4 The intended use follows from the service description. Use for the direct control of safety-critical processes requires that such use is expressly agreed. Insofar as such use is agreed or advertised by us as suitable, this provision does not restrict the suitability owed. Businesses that use the services for time-critical or business-critical processes, in particular for running events, maintain a fallback appropriate to the risk, such as manual control of the running order, a replacement system or a local backup of the required data. Our obligations remain unaffected; a breach of this duty is taken into account under Section 254 BGB.
4.5 We may use suitable subcontractors and remain responsible for the contractual performance. Data protection requirements for subcontracting remain unaffected.
4.6 Insofar as we are prevented from performing by events beyond our control that we could not have foreseen or averted even with due care, in particular natural events, epidemics, official orders, war, terrorism, industrial action at third parties or large-scale failures of public power or telecommunications networks, the affected obligations are suspended for the duration of the hindrance plus a reasonable start-up period. Disruptions at subcontractors and suppliers count as such events only if they are themselves based on such an event and no reasonable substitute is available. We inform the customer without undue delay of the start and expected duration. No remuneration is owed for periods in which we do not perform; we refund fees already paid on a pro rata basis. If the hindrance lasts longer than 30 calendar days, either party may terminate the affected contract or part of the contract without notice. Statutory rights of consumers remain unaffected.
5 SaaS Operation and Availability
5.1 We make SaaS available in accordance with the contract during the agreed period of provision. A specific percentage of availability, response time or recovery time is owed only if agreed. Even without such an agreement, the statutory and contractual obligations regarding functionality, continuity and security apply.
5.2 We carry out necessary maintenance work with due regard to the interests of the customer. We announce plannable significant restrictions with reasonable notice. For urgent security measures, we inform as early as possible. Maintenance is not generally excluded from the assessment of a service failure or an agreed availability; the effectively agreed measurement rules and the statutory rights are decisive.
5.3 The operating and security measures owed by us cover our infrastructure. The customer is responsible for their end devices and internet access. Failures of third-party networks exclude our responsibility only insofar as they are not attributable to our area of responsibility. Data backup and export are additionally governed by clause 12.
5.4 Towards businesses, strict liability for defects already present at the conclusion of the contract (Section 536a (1) alt. 1 BGB) is excluded. Fault-based liability under clause 11 and the other rights in respect of defects remain unaffected.
6 Updates and Changes
6.1 We provide updates insofar as they are necessary to fulfil our contractual or statutory obligations, including necessary security updates, and inform about their availability. For digital consumer products, this covers the period of provision in the case of continuous provision and, in other cases, the period that the consumer can expect given the type and purpose of the product and the circumstances and nature of the contract. "Continuous provision" here means ongoing provision over a period of time and is not the same as an unlimited local license.
6.2 A permanently valid license does not in itself confer a claim to all future major versions, new functions, individual support or unlimited maintenance. Statutory obligations to update and to remedy defects are neither shortened nor made dependent on an additional maintenance contract. Additional maintenance services are governed by their agreement.
6.3 Insofar as the customer has to install updates themselves, we provide the necessary information and suitable instructions. Towards consumers, our liability for a product defect caused solely by a missing update lapses only under the conditions of Section 327f (2) BGB. These include information about the update and the consequences of not installing it, a reasonable installation period and the absence of a causal defect in the installation instructions. For goods with digital elements, the corresponding statutory provisions apply.
6.4 For continuously provided digital products, we may make changes that go beyond maintaining conformity with the contract if there is a valid reason: a change in legal requirements, the prevention of specific security risks, a necessary adaptation to changed operating systems or third-party interfaces, or a necessary technical adaptation to maintain interoperability or resilience. The change must be caused by the reason and be reasonable taking into account the interests of both parties. Core functions and the agreed purpose of the contract must not be undermined; a mere increase in our profitability is not sufficient.
6.5 Such changes are made at no additional cost and are explained clearly and comprehensibly. If they impair access or usability more than insignificantly, we inform consumers on a durable medium within a reasonable period before the change about its characteristics, timing and their rights. The consumer may terminate the contract free of charge within 30 days. The period begins on receipt of the information or, if the change is made later, on the change. This right does not apply if unchanged access and unchanged usability are maintained at no additional cost. Section 327r BGB and the resulting rights of unwinding remain unaffected.
6.6 We generally inform businesses of a more than insignificant impairment at least 30 days in advance in text form. They may terminate the affected continuing contract free of charge with effect from the date on which the change takes effect. In the case of mandatory short-term security or legal changes, we inform without undue delay; in this case the customer may terminate with immediate effect within 30 days of the information. Statutory rights in respect of defects and termination remain. This clause permits neither a unilateral price change nor a change to these Terms nor the withdrawal of a permanently granted local license.
7 Rights of Use
7.1 The customer receives a simple, non-exclusive right to use the service in accordance with the contract to the agreed extent. Restrictions by users, devices, concurrent access, organizations or functional scope apply only if agreed. Insofar as necessary for the agreed use, the local license includes installing, loading, running and storing the program as well as necessary backup copies. For SaaS, the right comprises the agreed access; it does not give rise to a right to receive or install the server-side software.
7.2 For time-limited licenses and SaaS, the right of use applies for the agreed period. A license acquired for a limited period against a one-time payment ends at the expressly agreed time without automatic renewal, unless another effective agreement has been made. Permanent local rights of use apply without time limit to the software provided, including the updates covered by the right of use. Termination of a separate support or maintenance contract does not end these rights.
7.3 Acts permitted by law, in particular under Sections 69d and 69e of the German Copyright Act (UrhG), remain permitted. This applies in particular to necessary backup copies, observing, studying and testing the program, and decompilation permitted under the statutory conditions. Reproduction, rental, sublicensing or transfer beyond this requires corresponding authorization.
7.4 Insofar as the distribution right in a copy of the program placed on the market in the European Economic Area with the consent of the rightholder is exhausted, in particular in the case of a permanent transfer against remuneration corresponding to the economic value, the statutory resale rights remain unaffected. A transfer permitted under these rights does not require the consent of 1More. The seller must stop their own use and render unusable the usable copies remaining with them, including backup copies. Splitting license volumes is permitted only insofar as the statutory conditions are met. This provision does not create any additional resale right for SaaS access or time-limited licenses.
7.5 Source code, development tools and rights to modify beyond the acts permitted by law are owed only if agreed. For open source and other third-party components, we provide the relevant license notices. Their license terms apply to these components; they do not limit our statutory obligations towards the customer.
7.6 For custom developments, the customer receives, after full payment of the remuneration attributable to the respective result, a simple right of use without time limit for the agreed purpose of the contract, unless otherwise agreed. Until then, we permit the use necessary for testing and acceptance. Justified statutory rights of retention remain unaffected. Exclusive rights and rights to resell must be agreed separately. For pre-existing tools, libraries and frameworks incorporated, the customer receives the rights necessary for the contractual use of the result; third-party rights must be observed.
8 Prices and Payment
8.1 The prices agreed at the conclusion of the contract apply. Towards consumers, total prices including statutory VAT and other price components are shown; additional delivery costs are stated before the order. Towards businesses, prices are net prices plus VAT only if shown as such.
8.2 For recurring fees, the billing interval, due date, minimum term and any usage-based price components are agreed before the conclusion of the contract. One-time payment, payment in instalments and license term are independent of each other. A recurring collection requires the necessary payment authorization.
8.3 Unless otherwise agreed, invoices are due within 14 days of receipt; statutory conditions for maturity, in particular acceptance in the case of work performance, remain unaffected. In the case of an expressly agreed online advance payment, the amount shown becomes due upon conclusion of the contract. The means of payment offered and any payment service providers involved are named in the order process. Invoices are issued in accordance with the applicable statutory requirements.
8.4 Statutory consequences of default remain unaffected. A suspension due to payment default requires arrears that are not insignificant and, as a rule, an unsuccessful reasonable payment deadline with a warning of suspension. It must be proportionate and is lifted without undue delay once its reason no longer applies. A payment justifiably withheld does not constitute a reason for suspension. Claims to remuneration during a suspension are governed by law; there is no flat-rate claim irrespective of the service situation.
8.5 Set-off and retention are governed by law. Towards consumers, these Terms contain no unilateral price adjustment mechanism; changes to agreed prices require an effective agreement. Silence on the part of the customer does not constitute consent. For businesses, clause 8.6 applies in addition.
8.6 In continuing contracts with businesses, we may adjust the recurring fees at the earliest twelve months after the start of the contract and thereafter at most once within twelve months, insofar as the costs relevant for providing the service, in particular for data center and cloud infrastructure, third-party licenses and personnel, have increased after the conclusion of the contract. An increase may not exceed the increase in costs and amounts to no more than 5 percent per adjustment. We pass on cost reductions according to the same standards. We announce an increase in text form at least two months before it takes effect, stating the reasons. The customer may terminate the contract with effect from the date the increase takes effect; we point this out in the announcement. Individually agreed fixed prices remain unaffected.
9 Work Performance and Acceptance
9.1 For work performance, the parties determine the scope of services, acceptance criteria and, where applicable, project phases. Changes to the order, including their effects on remuneration and dates, require an agreement. Statutory rights remain unaffected.
9.2 After completion, we make the work available for testing and request acceptance within a period appropriate to its scope and complexity. Acceptance may not be refused because of insignificant defects. Defects found should be described comprehensibly; statutory rights in respect of defects are not excluded by an incomplete description.
9.3 Deemed acceptance occurs exclusively under the conditions of Section 640 (2) BGB: after completion and the setting of a reasonable deadline, the customer has not refused acceptance within the deadline stating at least one defect. Consumers must be informed in text form, together with the request for acceptance, of the consequences of not declaring acceptance or of refusing it without stating defects. Mere test use, silence without these conditions or productive use do not give rise to any additional deemed acceptance under these Terms.
9.4 The statutory rights of termination for contracts for work, in particular Sections 648 and 648a BGB, and their consequences for remuneration remain unaffected. For consumer contracts on digital products, overriding special provisions apply, in particular Sections 327 et seq. and Section 650 BGB; classification as a contract for work must not circumvent them.
10 Term and Termination
10.1 The start of the contract, the period of provision and any agreed minimum term follow from the contract. If a continuing contract against payment contains no agreement on its term, it runs for an indefinite period and may be terminated by either party with one month's notice. Time-limited one-time licenses end in accordance with clause 7.2; permanent local licenses are not subject to ordinary termination.
10.2 For consumers, an agreed initial commitment for regularly provided services is at most two years. If no renewal is agreed, a fixed-term contract ends when its term expires. If an automatic renewal is agreed, it is exclusively for an indefinite period; the consumer may then terminate at any time with a notice period of no more than one month. At the end of the initial term, the notice period is at most one month. Shorter agreed periods remain decisive.
10.3 For businesses, a fixed-term continuing contract ends when its term expires if no renewal is agreed. If an automatic renewal is agreed, it is renewed in each case by the duration of the initial term, but by no more than twelve months, unless it is terminated with one month's notice to the end of the respective term. Individually negotiated deviations remain possible. Overriding switching and termination rights under clause 13 are not restricted by minimum terms and notice periods.
10.4 Trial and pilot phases end on the agreed date. They do not turn into a paid contract without a separate express order. Changes to plans and add-on modules take effect in accordance with the terms agreed in each case; these Terms do not promise a change at any time.
10.5 Either party may terminate for good cause under the statutory conditions. Where necessary, a warning or a reasonable period for remedy precedes termination. A temporary suspension in the event of a specific significant threat to security or unlawful use must be limited to what is necessary. We inform about the reason and expected extent unless mandatory legal or security reasons prevent this. A suspension does not replace termination.
10.6 Notices of termination may be given in text form, in particular by e-mail to mail@1more.tech. Other ways permitted by law and the termination button remain unaffected. Insofar as Section 312k BGB applies, we provide a directly and easily accessible termination button and a confirmation page and confirm the declaration electronically. The statutory consequences of missing or inadequate provision remain.
10.7 When the contract ends, the right to use time-limited software and SaaS ends, subject to the rights necessary for export and switching. Unwinding and the refund of fees paid in advance are governed by law and the effective reason for termination; there is no flat-rate non-refund. Fees for periods after the effective termination of a continuing contract are refunded pro rata unless further claims to remuneration permitted by law exist. For a switch under clause 13, its special provision on fees applies.
11 Rights in Respect of Defects and Liability
11.1 The statutory rights in respect of defects and limitation periods apply. For consumer contracts on digital products, Sections 327 et seq. BGB apply in particular, and for goods with digital elements, Sections 475b et seq. BGB. In the case of continuous provision of software, the obligations to maintain conformity with the contract remain. In the case of permanent provision and work performance, the rights are governed by the applicable statutory provisions. Towards consumers, the statutory limitation periods are not shortened. Towards businesses, the limitation period for claims based on material defects and defects of title is twelve months from the statutory start of the limitation period. This does not apply in the cases of clause 11.4, to defects of title consisting in a right in rem of a third party, or insofar as the law mandatorily provides for longer periods, in particular under Sections 438 (1) no. 2 and 445b BGB.
11.2 The customer should report failures with a description suitable for checking and allow us the statutory subsequent performance. Statutory rights to price reduction, termination, rescission, self-remedy, damages or reimbursement of expenses are not restricted by this. For consumers, no additional deadline for notices of defects is introduced. Section 377 of the German Commercial Code (HGB) applies only if its statutory conditions are met; a rigid seven-day notice period does not apply.
11.3 Incorrect operation, intervention by the customer or an unsuitable environment exclude rights in respect of defects only insofar as the specific failure is based on it and, under the law, there is no non-conformity for which we are responsible. Statutory rules on the burden of proof remain unchanged.
11.4 We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, for fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act and other mandatory liability provisions. This also applies to corresponding conduct of our legal representatives and vicarious agents.
11.5 In the case of simple negligence, we are liable for the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely. In this case, liability is limited to the damage foreseeable and typical for the contract at the time of its conclusion. Otherwise, liability for simple negligence is excluded. Clause 11.4 remains unaffected. Towards consumers, there is no additional limitation in amount. Towards businesses, liability under sentences 1 and 2 is limited per incident to twice the remuneration agreed for the twelve months before the damaging event, in the case of project contracts to twice the order value, but in any case to at least EUR 250,000.
11.6 The same standards of liability apply to loss of data. Any contributory fault of the customer, including the breach of a reasonable duty to back up data, is taken into account exclusively under Section 254 BGB. Backup measures owed by us must not be shifted to the customer. A complete backup of our SaaS infrastructure by the customer is not required.
11.7 These liability provisions also apply in favor of our legal representatives, employees and vicarious agents. They restrict neither statutory rights in respect of defects other than claims for damages nor mandatory claims under the GDPR.
12 Customer Data and Data Protection
12.1 Rights to content provided by the customer remain with the customer or the respective rightholders. The customer grants us only the rights necessary for the agreed processing, storage, backup, transmission and provision. These Terms do not establish general ownership of data and do not permit advertising, resale or independent AI training with customer content.
12.2 Each party fulfils the statutory obligations applicable to its processing of personal data. We provide information about our own processing in the separately provided privacy notices. These Terms replace neither a legal basis nor a required consent. If we process personal data on behalf of the customer, we conclude an agreement under Art. 28 GDPR before this processing begins, including the necessary provisions on security, subprocessors, assistance and deletion.
12.3 Special categories of personal data under Art. 9 GDPR and other particularly sensitive data may be processed only if the agreed service is intended for this and the necessary legal and technical requirements are met. Within their area of responsibility, the customer is responsible for the lawfulness of entering and passing on their content. Businesses indemnify us against third-party claims based on an unlawful provision, entry or use of content for which they are responsible, including the reasonable costs of legal defense. We inform the customer without undue delay of claims asserted, do not acknowledge them without the customer's consent and coordinate the defense with the customer. Otherwise, claims for damages and indemnification are governed by law; no strict indemnification is agreed.
12.4 For locally operated software, the customer is responsible for appropriate backups of their data and infrastructure. For SaaS, we take the reasonable backup and recovery measures necessary for the contractual service. Specific backup intervals, retention periods and recovery objectives follow from a corresponding agreement. The customer makes reasonable use of the export options available to them for their own retention purposes; this does not replace a backup owed by us.
12.5 For SaaS, we enable the release of the content provided by the customer and of the content generated through their use that can be attributed to them in a common machine-readable format. Statutory restrictions and the rights of other persons must be taken into account. After the ordinary end of the contract, we keep this content available for retrieval for 30 calendar days, unless the customer lawfully requests earlier deletion or a longer period is agreed or required by law. We point out the upcoming end of the retrieval period before it expires. For statutory switching procedures, clause 13 takes precedence; for consumers, Sections 327o and 327p BGB in particular remain decisive.
12.6 We do not charge separately for release and assistance owed by law insofar as the law requires them to be free of charge. Other additional assistance requires a prior express agreement on scope and price. After the permissible retrieval period has expired, we delete the customer content in accordance with the contract and data protection requirements. Data subject to statutory retention is stored only for the respective retention purpose and deleted thereafter. The deletion procedure, including backup copies, is to be defined in the respective data protection and deletion concept.
13 Switching Between Data Processing Services
13.1 This clause applies to SaaS and other agreed services that are data processing services within the meaning of Art. 2 no. 8 of Regulation (EU) 2023/2854 (Data Act), insofar as Chapter VI applies. It applies to businesses and consumers. Conflicting minimum terms or general termination rules of these Terms give way to the mandatory switching rights. Purely locally provided software does not fall under this provision merely because it is provided for download.
13.2 The customer may request switching to another provider of a service of the same type or to their own ICT infrastructure. The notice period for initiating the switch is at most two months from receipt of the request; shorter agreed or statutory periods remain decisive. Alternatively, the customer may request termination with deletion of their exportable data and digital assets. After the notice period has expired, the customer may inform us that they wish to carry out one or more of the measures mentioned; in the case of a switch of provider, they provide the necessary details of the destination provider.
13.3 After the notice period has expired, we enable the switch without undue delay within a transition period of no more than 30 calendar days. We support the customer's exit strategy with all relevant information and provide reasonable assistance. We act with due care to maintain business continuity, continue the contractual services during the transition and ensure a high level of security. The high level of security also applies in particular to transfer and data retrieval. We communicate known risks to continuity. Both parties cooperate in good faith with the providers involved. The customer may extend the transition period once to a period more suitable for their purposes.
13.4 If the switch is technically not feasible within 30 calendar days, we inform the customer within 14 working days of receipt of the switching request, explain the technical infeasibility and specify an alternative transition period of no more than seven months. During this time, the continuity and assistance obligations remain. A merely more economical or convenient handling does not justify an extension.
13.5 The contract is deemed terminated after a successful switch; we inform the customer of this. If the customer requests deletion instead of a switch, the contract ends after the relevant notice period has expired. After the end of the transition period, there is a data retrieval period of at least 30 calendar days. After it has expired, or at an agreed later time, we completely delete the exportable data and digital assets once the switch has been successfully completed. Mandatory statutory retention obligations are taken into account separately and do not entitle us to further use for other purposes.
13.6 Exportable are in particular the input and output data, including metadata, entered or generated through the use of the service, insofar as they fall under the statutory definition, as well as the transferable digital assets. Before the conclusion of the contract, the service-specific switching annex contains a complete list of the transferable categories and a complete list of permissible excluded internal data categories. Trade secrets and intellectual property rights justify only the exceptions provided for by law and must not hinder or delay the switch. This clause does not establish a claim to the release of our server-side software or to the development of new technologies.
13.7 The switching annex describes the procedure, available formats, interfaces, restrictions and the reference to the current online register of data structures, formats, standards and open interoperability specifications. We provide the open interfaces and export options owed by law. For SaaS, technical assistance is governed in particular by Art. 30 (2) to (5) Data Act; an identical functionality at the destination provider is not generally promised. Statutory requirements for functional equivalence for other types of service remain unaffected.
13.8 For services without an exception under clause 13.9, we already waive, with this version, separate switching charges, including data transfer charges, for the statutory scope of switching. Standard fees for services actually still provided remain owed until termination. Towards consumers, no compensation for a remaining minimum term is charged for the switch. If a business terminates a contract with an agreed minimum term by switching before it expires, it owes compensation for early termination only insofar as this was expressly agreed in the contract, with its amount determined, before the conclusion of the contract; it may not exceed the fees outstanding until the end of the minimum term less saved expenses. If a price discount was expressly granted for the minimum term, the agreement may instead provide for a pro rata subsequent charge of this discount. If there is no such agreement, no compensation is owed. Voluntarily ordered additional services outside the statutory scope of switching are charged only after a prior express price agreement and are not a prerequisite for exercising the switching right.
13.9 For services that are exclusively customer-specific and not offered on a larger commercial scale through the service catalogue, only the limited exceptions of Art. 31 (1) Data Act apply, insofar as its actual conditions are met. According to it, Art. 23 point (d), Art. 29 and Art. 30 (1) and (3) are excluded; in particular, the contractual and switching obligations under Art. 25 do not cease to apply as a whole. For time-limited test and evaluation versions not intended for productive operation, Art. 31 (2) may apply. The designation "pilot", a mere configuration or free full access is not sufficient for this. Before the conclusion of the contract, we inform specifically about the exception actually applicable and the obligations that do not apply. Fees for excluded customer-specific services require a separate effective agreement; this clause does not give rise to any claim to fees.
14 AI Functions
14.1 These provisions apply only to expressly agreed AI functions. The purpose, essential limits, external services used and any necessary human oversight are described for the respective service. AI outputs may be incorrect or incomplete. The customer checks them before use in accordance with the purpose of use and the recognizable risk. The quality owed of the AI function follows from the service description; the limits described there, in particular the possibility of incorrect or incomplete outputs, form part of the agreed quality. Towards consumers, this applies only in accordance with clause 2.5. Our responsibility for a function that does not correspond to the service description remains unaffected.
14.2 These Terms do not grant us any independent authorization to use customer content for training general-purpose models. Such use requires a separate legally permissible basis and transparent information; these cannot be replaced by a general reference in the Terms. Actual data flows, storage and any training use by integrated providers must be disclosed before the respective function is used and clarified contractually.
14.3 Insofar as we hold rights to outputs and these are transferable, we grant the customer a simple right to use them for the agreed purpose. Copyright protection, exclusivity or uniqueness of the outputs is not promised without an express agreement. Statutory claims for defects of title remain unaffected.
14.4 Each party fulfils the obligations assigned to it according to its actual role under the EU AI Act and other law. These include, where applicable, transparency, labelling, documentation and oversight obligations. 1More's own provider obligations are not transferred to the customer. Use outside the agreed purpose, in particular in a separately regulated high-risk area, requires a prior assessment and a corresponding agreement. Uses prohibited by law are not permitted even by such an agreement.
15 Hardware
15.1 Hardware is owed only if it has been expressly ordered. Its quality, delivery, installation and any digital components are governed by the agreement and the statutory provisions. Consumer protection obligations for goods with digital elements, including necessary updates, remain unaffected.
15.2 Goods sold remain our property until the purchase price has been paid in full. The passing of risk is governed by law, for consumers in particular by Section 475 (2) BGB. Consumers do not bear the shipping risk contrary to the statutory requirements.
15.3 Rented hardware remains our property and must be returned at the end of the contract. Wear and tear in accordance with the contract does not constitute damage requiring compensation. Liability for damage or loss is governed by law. A deposit or special return costs are owed only on the basis of an express agreement.
16 Confidentiality
16.1 Both parties treat information of the other party that is designated as confidential or recognizably confidential from the circumstances as confidential and use it only for the performance of the contract. They pass it on only to persons bound to secrecy who need it for this purpose. The obligation applies during the term of the contract and for three years thereafter; for trade secrets, it applies as long as the statutory conditions for protection exist.
16.2 Exempt is information that is or becomes publicly known without a breach of duty, was already lawfully known, was developed independently or was lawfully obtained from an authorized third party. Disclosures required by law or by authorities remain permitted; where permitted, the other party is informed in advance. Lawful reports of violations of law and protected disclosures are not restricted.
16.3 Using the name, trademarks or logos of the customer as a public reference requires separate consent.
17 Consumer Right of Withdrawal
17.1 Consumers have a right of withdrawal for distance contracts and off-premises contracts in accordance with the law. The relevant separate information and the model form are provided before the conclusion of the contract and with the contract confirmation. Part B contains separate texts for this for digital content, services including digital services, and deliveries of goods.
17.2 For digital content not supplied on a tangible medium against payment, the right of withdrawal expires early only if performance has begun, the consumer has previously expressly agreed to the start before the end of the withdrawal period and confirmed their knowledge that the right thereby expires, and the confirmation under Section 312f BGB has been provided to them. For services against payment, early expiry requires full performance as well as the necessary prior express consent and confirmation of knowledge. The mere start of a SaaS subscription is not sufficient. For off-premises contracts, the statutory requirements for the durable medium apply in addition.
17.3 For contracts without an obligation to pay a price, the respective statutory rules on expiry apply. Consent to these Terms does not replace a separately required declaration on the early start of performance. A withdrawal can be made by any unambiguous declaration permitted by law; use of the model form is not mandatory.
17.4 For distance contracts concluded via an online interface, we provide the electronic withdrawal function required by law under Section 356a BGB during the withdrawal period. After the declaration has been submitted via the confirmation function, we send a confirmation of receipt on a durable medium without undue delay, stating its content and the date and time of receipt. Other ways of withdrawal permitted by law remain available.
18 Final Provisions
18.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence that exists under the applicable conflict-of-laws rules.
18.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court responsible for our registered office is agreed as the place of jurisdiction for disputes arising from the contract, insofar as such an agreement is permitted by law. Exclusive statutory places of jurisdiction remain unaffected. No deviating place of jurisdiction is agreed for consumers.
18.3 A transfer of the contract requires the necessary consent of the other party. Statutory rights of assignment, in particular Section 354a HGB, the statutory limits of prohibitions on assignment and permissible software resales under clause 7.4 remain unaffected.
18.4 Amended Terms apply to new contracts after effective inclusion. For existing contracts, an amendment requires an effective amendment agreement; silence does not constitute consent. Clause 6 concerns exclusively the changes to services regulated there and does not permit a general amendment of the contractual framework.
18.5 If a provision is invalid or has not become part of the contract, the statutory legal consequences apply, in particular Section 306 BGB. An invalid provision is not automatically replaced by the permissible provision that comes closest economically.
18.6 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Part B Withdrawal Information and Form (B1, B4)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (1More UG (haftungsbeschränkt), Kienberger Allee 4, 12529 Schönefeld, Germany, phone +49 30 991910724, e-mail mail@1more.tech) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory.
You can also exercise your right of withdrawal online on the online interface on which you concluded the contract, using the button "Withdraw from contract" ("Vertrag widerrufen"). If you use this online function, we will send you a confirmation of receipt on a durable medium (e.g. by e-mail) without delay, with information on the content of the declaration of withdrawal and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Additional information on digital content
You do not owe compensation for the value of digital content not supplied on a tangible medium in the event of a withdrawal. For a contract with an obligation to pay, the right of withdrawal expires before the end of the period only if we have begun performance of the contract, you have expressly agreed to the early start and confirmed your knowledge that the right expires when performance begins, and we have provided you with the confirmation required by law under Section 312f BGB. For a contract without an obligation to pay a price, it expires in accordance with the law when performance of the contract begins.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To 1More UG (haftungsbeschränkt), Kienberger Allee 4, 12529 Schönefeld, Germany, e-mail mail@1more.tech
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
Description of the goods or service
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.