General Terms and Conditions (T&Cs)
As of: June 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.
Price adjustments
The Provider is entitled to adjust the fees for the use of the Aufmaß App once per year. Notice of a price adjustment will be given in text form (e.g., by email) stating the new prices and with a notice period of at least six weeks before it takes effect at the beginning of the next renewal period. The adjusted prices apply to each user from that renewal period.
The User may reject the price adjustment by terminating the contract in text form before the adjustment takes effect; the termination takes effect at the end of the current contract term, and no renewal will then take place. If, by way of exception, a price adjustment is announced less than six weeks before the renewal date, the User has a special right of termination which may be exercised within six weeks of receipt of the notice; the previous prices continue to apply until such termination takes effect.
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, AI-generated outputs 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. Artificial Intelligence (AI) – Optional Functions, Exclusion of Warranty and Liability, Indemnification
10.1 Optional nature. The app contains optional AI-assisted functions (e.g., image analysis, voice transcription, form and text recognition, text structuring and data structuring) provided by integrating third-party AI providers (currently OpenAI, Google, Anthropic). Use of these functions is entirely voluntary for the User. The app can be used in full without AI functions. The Provider makes the AI functions available solely as an additional technical option; there is no obligation to use them, and no particular scope of AI functionality is owed.
10.2 Self-determined activation and instruction. Data is transmitted to the third-party AI providers exclusively upon the active, deliberate initiation by the User (e.g., by pressing an analysis button). By triggering an AI function, the User issues the Provider an express instruction to transmit the data required for this purpose to the AI provider selected by the User. The User decides on their own responsibility whether, to what extent, with what content and – where offered – with which provider the AI processing takes place.
10.3 Nature of AI results. AI-generated results are produced fully automatically on the basis of statistical probabilities. They may be incomplete, inaccurate, outdated or objectively incorrect (so-called "hallucinations") and constitute non-binding suggestions only. They do not replace any professional inspection, measurement, calculation, advice or decision by the User.
10.4 No warranty or guarantee. The Provider gives no warranty, guarantee or assurance whatsoever as to the accuracy, completeness, timeliness, suitability, availability or usability of the results generated by AI functions, or as to achieving any particular analysis, recognition or processing result.
10.5 Duty of inspection. The User is obliged to check all AI-generated results for plausibility and accuracy on their own responsibility before any further use, ordering, production or processing. Section 9 (User's Duty of Inspection and Control) applies to AI results accordingly and without limitation.
10.6 Responsibility for input data. The User is solely responsible for which data they feed into the AI functions. The User warrants that they are entitled to transmit the respective data (including personal data of third parties, photos, trade secrets and content protected by copyright or otherwise) and that they have an appropriate legal basis and, where applicable, any required consents. The User is obliged not to input any unlawful content and no special categories of personal data within the meaning of Art. 9 GDPR unless an explicit legal basis exists.
10.7 Third-party provider terms. The respective terms of use and privacy terms of the third-party AI providers additionally apply to processing by them. The Provider has only limited influence over processing by the third-party providers; liability for the conduct of the third-party providers is excluded to the extent permitted by law.
10.8 Liability. The liability provisions under Section 7 apply accordingly to damages in connection with the use of the AI functions. Any liability of the Provider beyond this – in particular for results, decisions, measures or consequential damages that the User brings about on the basis of AI results – is excluded, unless mandatory liability exists under Section 7.
10.9 Indemnification. The User shall indemnify the Provider on first demand against all third-party claims (including claims of the User's own customers and end customers, data subjects and authorities) asserted against the Provider as a result of a use of the AI or other app functions attributable to the User, the data input or transmitted by the User, or a breach of these T&Cs by the User. The indemnification also covers the reasonable costs of a necessary legal defence. It does not apply to the extent that the User is not responsible for the underlying breach of duty or law, or to the extent that mandatory statutory provisions conflict.
11. 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. The User concludes the DPA during registration by express confirmation (e.g., by ticking a corresponding checkbox). The DPA is made available to the User electronically in accordance with Art. 28 (9) GDPR and is permanently accessible on this website.
12. 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 supreme-court case law, new or modified app functions). Such amendments may only concern ancillary provisions. The relationship between performance and consideration – in particular the main contractual obligations and the level of fees – is excluded from the deemed-acceptance mechanism below; fee adjustments are governed exclusively by Section 3. The User will be informed of changes at least 30 days before they take effect in text form.
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.
13. 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.
14. 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.