General Terms and Conditions (T&Cs)
As of: February 2026
1. Scope and Subject Matter
These General Terms and Conditions (T&Cs) apply to all contracts concluded between Meister Weber, Andreas Weber (hereinafter "Provider"), and its customers (hereinafter "User") regarding the use of the Aufmaß App and related services.
The Provider's offer is exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e., natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the contract. Contracts with consumers (§ 13 BGB) are excluded.
Conflicting or deviating terms of the User shall not be recognised unless the Provider has expressly agreed to their validity in writing.
2. Services, Registration and Conclusion of Contract
The Provider makes software solutions (in particular the Aufmaß App) available as Software-as-a-Service (SaaS). The scope of services is determined by the selected tariff (e.g., Lite, Pro, Flat-Rate) and the current service description on the website.
The contract is concluded upon the User's registration in the app or on the website and acceptance by the Provider (e.g., by activating the account). By registering, the User confirms being an entrepreneur within the meaning of § 14 BGB. The User is obliged to provide truthful information during registration and to protect their access credentials from unauthorised access by third parties.
3. Prices and Payment Terms
The first 25 measurements (Lite tariff) are provided to the User free of charge. For further use after the free measurements have been consumed, fees apply based on the current price list on the website. All stated prices are exclusive of statutory value-added tax.
Billing takes place monthly, annually, or after a certain quota of measurements (e.g., every 300 measurements), depending on the selected tariff. In the event of default in payment, the Provider is entitled to block access to the app until all outstanding amounts have been settled. Statutory default interest remains reserved.
4. Term and Termination
The term of the contract is determined by the selected tariff (monthly or annually). Contracts are automatically renewed for the respective contract term unless terminated in due time by either party.
Monthly tariffs may be terminated with 14 days' notice to the end of the month; annual tariffs with one month's notice to the end of the contract year. The right to extraordinary termination for good cause remains unaffected. Termination requires text form (e.g., email).
5. Rights of Use (Licence)
The Provider grants the User a simple, non-exclusive, non-transferable, and non-sublicensable right to use the software for its intended purpose for the duration of the contract.
The User is prohibited from copying, modifying, decompiling (reverse engineering), making the software available to third parties for a fee or free of charge, or using it in any manner that impairs the security or availability of the software.
6. Availability, SLA and Updates
The Provider endeavours to ensure high availability of the app. 100% availability cannot be technically guaranteed. Planned maintenance windows will be communicated to the User in advance where possible.
The Provider makes regular updates to the app available to the extent required to maintain the conformity of the software. Material changes to the scope of functions will be communicated to the User. There is no entitlement to the provision of specific future features or functions.
Outages due to maintenance, updates, internet disruptions, or force majeure do not entitle the User to a reduction in remuneration or claims for damages to the extent the Provider is not responsible for such circumstances.
7. Limitation of Liability
7.1 Unlimited Liability: The Provider is liable without limitation for damages resulting from injury to life, body or health attributable to a breach of duty by the Provider, its legal representatives or vicarious agents, whether intentional or negligent. The Provider is likewise liable without limitation for damages based on intentional or grossly negligent conduct by the Provider, its legal representatives or senior employees, as well as for fraudulently concealed defects.
7.2 Limited Liability for Slight Negligence: In the case of slight negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely. In such cases, liability is limited to the typical, foreseeable damage at the time of conclusion of the contract.
7.3 Exclusion of Further Liability: Any further liability – in particular for slight negligence for indirect damages, consequential damages, loss of profit or data loss – is excluded. This applies accordingly to the personal liability of legal representatives, senior employees and other vicarious agents of the Provider.
7.4 Liability under the German Product Liability Act (Produkthaftungsgesetz) and mandatory statutory liability provisions remain unaffected by the above limitations.
8. Defect Liability (Warranty)
The Provider is obliged to make the software available in a condition suitable for the contractually agreed use. As this is a SaaS solution, the provisions on lease agreements (§§ 535 ff. BGB) apply accordingly.
As an entrepreneur, the User is obliged to report identified defects promptly in writing (§ 377 HGB analogously). The Provider will remedy reported defects within a reasonable period. No guarantee is given that the software will function error-free, securely or without interruption, or that specific results will be achieved.
9. User's Duty of Inspection and Control
The User is always and without exception solely responsible for checking and verifying all results, measurements, calculations and exported data generated by the software.
Before any further use, ordering, production or processing of data, the User is strictly required to carry out an independent plausibility and accuracy check. The use of the app in no way releases the User from their professional and commercial duty of care.
10. Data Protection and Order Processing
The Provider processes the User's personal data in accordance with the Privacy Policy.
If the User processes personal data of third parties (e.g., their own end customers) as part of using the app, the User is themselves responsible for compliance with data protection regulations. In this case, the Provider acts as a processor in accordance with Art. 28 GDPR. The legally required Data Processing Agreement (DPA) is an integral part of this contract and is made available to the User electronically at the time of conclusion of the contract. By using the app under a paid licence, the User confirms their agreement to the DPA.
11. Amendments to the T&Cs
The Provider reserves the right to amend these T&Cs where there is a valid reason (e.g., changes in law, amended case law, new or modified app functions). The User will be informed of changes at least 30 days before they take effect by email.
If the User does not object in text form within 30 days of receipt of the notification, the amendment shall be deemed accepted. The notification will expressly draw attention to the significance of silence as consent and to the right to object. In the event of a timely objection, the Provider is entitled to terminate the contractual relationship with ordinary notice as of the date the amendment takes effect.
12. Severability Clause
Should any provision of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.
13. Jurisdiction and Applicable Law
Contracts between the Provider and the User are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
As the offer is exclusively directed at entrepreneurs, the exclusive place of jurisdiction for all disputes arising from or in connection with these T&Cs is the Provider's registered place of business: Fulda (competent courts: Amtsgericht Fulda / Landgericht Fulda), unless the User has no general place of jurisdiction in Germany, has moved their domicile or habitual residence outside Germany after the conclusion of the contract, or their domicile or habitual residence is unknown at the time an action is filed.
The Provider is a member of the Industrie- und Handelskammer Fulda (IHK Fulda – Chamber of Commerce and Industry Fulda), Heinrichstraße 8, 36037 Fulda, Germany.
Participation in a consumer dispute resolution procedure before a consumer arbitration board is not envisaged, as the offer is exclusively directed at entrepreneurs.