Terms of Service

The following General Terms and Conditions (GTC) govern the sale of services by ImageNotion UG (haftungsbeschränkt), represented by: Dr.-Ing. Andreas Walter, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Amtsgericht Mannheim, HRB 706362, Telephone: +49 7221 97222-12, E-Mail: support@awaberry.com, hereinafter referred to as the "Provider", via the online shop at www.awaberry.com.

§ 1 Scope of Application

  1. These GTC apply to all contracts concluded between the Provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at www.awaberry.com.
  2. Deviating terms and conditions of the customer do not apply unless the Provider expressly agrees to their validity in writing.
  3. The scope of the offered services includes:
    • awaBerry Connect
    • awaBerry Remote
    • awaBerry Agentic

§ 2 Conclusion of Contract

  1. The contract is concluded with the Provider: ImageNotion UG (haftungsbeschränkt), c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach.
  2. The contract and negotiation language is German.
  3. The offers are directed at customers worldwide.
  4. The customer must be at least 18 years old.
  5. The presentation of services in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer makes a binding offer by going through the ordering process and clicking the "order with obligation to pay" button at the end. The receipt of the order is confirmed by an automatic e-mail, which, however, does not yet constitute acceptance of the offer. The purchase contract is only concluded by an express confirmation of acceptance by e-mail or by the provision of the service.
  6. Orders that exceed normal household quantities require the express consent of the Provider. This applies to both the number of services ordered within one order and the placement of multiple orders for the same service.
  7. The order data is stored after the contract is concluded and can be viewed in the customer login.

§ 3 Right of Withdrawal

  1. Cancellation Policy for Private Customers

    The customer has the right to withdraw from this contract within fourteen days without giving any reason.

    The withdrawal period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, has taken possession of the last goods.

    To exercise the right of withdrawal, the customer must inform the Provider, ImageNotion UG (haftungsbeschränkt), c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, by means of a clear declaration (e.g., a letter sent by post or an e-mail) of their decision to withdraw from this contract. The customer may use the attached model withdrawal form, but this is not mandatory.

    To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

  2. Consequences of Withdrawal

    If the customer withdraws from this contract, the Provider shall reimburse all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the customer choosing a type of delivery other than the least expensive standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from this contract was received by the Provider. For this repayment, the Provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment. The Provider may refuse repayment until the goods have been returned or until the customer has provided proof that they have returned the goods, whichever is the earlier.

    The customer must return or hand over the goods to the Provider without undue delay and in any event not later than fourteen days from the day on which they inform the Provider of the withdrawal from this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

    The customer shall bear the direct cost of returning the goods.

    The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

If the customer wishes to withdraw from the contract, they can fill out this form and send it back:
ImageNotion UG (haftungsbeschränkt), c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach

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 (*):
- Ordered on (*)/received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only if this form is notified on paper):
________________________________

(3) Right of Withdrawal for Business Customers
Business customers (within the meaning of § 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be canceled in accordance with the statutory provisions or the contractually agreed conditions.

§ 4 Exclusion of the Right of Withdrawal

  1. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiration date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that have been inseparably mixed with other goods after delivery due to their nature. Finally, goods in a sealed package, the seal of which was removed after delivery, such as CDs, DVDs, or software, are also excluded from the right of withdrawal.
  2. The right of withdrawal does not apply to contracts for the provision of services if the Provider has provided the service in full and has only begun to perform the service after the consumer has given their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the Provider.

§ 5 Prices and Shipping Costs

  1. All stated prices include the statutory value-added tax.
  2. The prices at the time of the order apply. If list prices are available, the list prices at the time of the order apply.
  3. To place an order, the customer must register and create a customer account.

§ 6 Payment Conditions

  1. Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.
  2. By registering, providing the data required for the payment process, and using the paid service, the user authorizes the Provider to collect the corresponding amount.
  3. A paid service is automatically extended by the respective booked period (subscription) unless terminated in due time by telephone, e-mail, or written letter.
  4. The user must ensure that the information provided during registration and use of the service is correct and complete.
  5. The notice period for the paid service is 10 calendar days to the end of the month, unless another period has been agreed. The termination must be in writing and addressed to the Provider.
  6. PayPal: After completing the order, the customer is redirected to PayPal, where they can initiate the payment. Shipping occurs after confirmation of payment receipt.
  7. Credit Card: The customer enters their credit card details during the ordering process. The debit occurs after the goods have been dispatched.
  8. Klarna: The customer can pay by invoice or installment purchase via Klarna. The payment terms are set by Klarna.
  9. Apple Pay: The customer enters their Apple Pay data during the ordering process and confirms the payment via Apple Pay. The debit occurs after the goods have been dispatched.
  10. Google Pay: The customer enters their Google Pay data during the ordering process and confirms the payment via Google Pay. The debit occurs after the goods have been dispatched.
  11. Upon dispatch of the goods, the invoice will be sent by e-mail or, if no e-mail address is provided, by post to the specified billing address.
  12. If the customer is in default of payment or if a direct debit is returned, the Provider is entitled to claim damages for default (e.g., reminder fees, default interest, chargeback fees).
  13. Payment by sending cash or checks is not possible.

§ 7 Warranty

  1. Warranty for Private Customers
    If the customer is a consumer, the warranty rights are based on the statutory provisions. Consumers in the EU have a statutory warranty right of two years from the provision of the service in addition to their 30-day return guarantee.
  2. Warranty for Business Customers
    If the customer is not a consumer, a defect will be remedied by subsequent improvement. The Provider may choose whether to remedy the defect by repair or by providing a new, defect-free service. For business customers, the limitation period is one year. This restriction does not apply to claims for damages based on injury to life, body, or health, or in cases of intent or gross negligence.

§ 8 Liability (for Private Customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).

  1. If the customer is a consumer, liability is governed by the statutory provisions.
  2. The Provider's liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to life, body, or health of the customer, for claims due to the breach of essential contractual obligations (cardinal duties), and for compensation for damage caused by delay pursuant to § 286 BGB. In this respect, the Provider is liable for any degree of fault.
  3. In the event of a slightly negligent breach of essential contractual obligations (cardinal duties), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
  4. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Provider's legal representatives or vicarious agents.
  5. The Provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers, as well as other content generated by the customers.
  6. Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
  7. Claims for damages based on injury to life, body, or health shall become statute-barred after 30 years; all other claims for damages shall become statute-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or should have become aware without gross negligence (§ 199 Abs. 1 BGB).
  8. The Provider is entitled to check texts and uploaded files created by customers for compliance with statutory provisions and legal regulations. In the event of violations, the Provider reserves the right to remove this content in whole or in part.
  9. Liability under the Product Liability Act remains unaffected.

§ 9 Liability (for Business Customers)

This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).

  1. The Provider's liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to life, body, or health of the customer, for claims due to the breach of essential contractual obligations (cardinal duties), and for compensation for damage caused by delay pursuant to § 286 BGB. In this respect, the Provider is liable for any degree of fault.
  2. In the event of a slightly negligent breach of essential contractual obligations (cardinal duties), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
  3. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Provider's legal representatives or vicarious agents.
  4. The Provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers, as well as other content generated by the customers.
  5. Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
  6. Claims for damages based on injury to life, body, or health shall become statute-barred after 30 years; all other claims for damages shall become statute-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or should have become aware without gross negligence (§ 199 Abs. 1 BGB).
  7. The Provider is entitled to check texts and uploaded files created by customers for compliance with statutory provisions and legal regulations. In the event of violations, the Provider reserves the right to remove this content in whole or in part.
  8. Liability under the Product Liability Act remains unaffected.

§ 10 Data Protection

  1. The collection and processing of personal data are carried out in accordance with the applicable data protection regulations. The Provider undertakes to treat the customer's data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.
  2. The customer has the right to receive information about the data stored about them free of charge at any time, as well as to demand their correction, deletion, or restriction of processing.
  3. Further information on data protection can be found in the Provider's privacy policy.

§ 11 Set-off and Right of Retention

  1. The customer is only entitled to set-off if their counterclaim has been legally established or is undisputed by the Provider.
  2. The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 12 Special Provisions for Digital Products and Services

  1. Digital products are generally made available to the customer by download or e-mail. The customer receives the corresponding access data or download links after receipt of payment.
  2. The statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e., removal of the defect or delivery of a defect-free product.
  3. The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider assumes no liability for disruptions or damage resulting from a lack of technical requirements on the part of the customer.
  4. For services that are not provided in the form of physical products or digital content, the statutory provisions of the service contract law (§§ 611 ff. BGB) apply.
  5. The customer undertakes to provide all necessary cooperation in a timely and complete manner when using services. If the customer fails to meet this obligation, the Provider may charge for the resulting additional expense.

§ 13 Rights of Use for Digital Content

  1. Upon purchasing a digital product, the customer receives a simple, non-transferable, perpetual right of use to the acquired content, unless otherwise agreed.
  2. The customer is not entitled to reproduce, distribute, or make the digital content publicly available, unless this is expressly permitted by contract.
  3. All copyrights remain with the Provider or the respective rights holder.

§ 14 User Account

  1. The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep their access data (username and password) safe and protect it from access by third parties. The Provider is not liable for damages resulting from the misuse of access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of the user accounts.
  2. The customer is obliged to update changes to their personal data, in particular contact and payment data, in the user account without delay. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.
  3. The Provider reserves the right to block or delete the user account if there are indications of improper use, if the customer violates these GTC, or if the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider will delete the user account and all associated data immediately, provided there are no legal retention obligations to the contrary. After the user account has been deleted, the customer can only create a new user account by re-registering.
  4. The Provider endeavors to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g., force majeure) cannot be excluded. The Provider is not liable for damages resulting from a temporary unavailability of the user account, unless the Provider is responsible for the unavailability.
  5. The Provider reserves the right to change, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by e-mail at least four weeks before they take effect. If the customer does not object to the changes within four weeks of receiving the notification of change, the changes are deemed to have been accepted. The Provider will specifically inform the customer of this legal consequence in the notification of change.

§ 15 Amendments to the GTC

  1. The Provider reserves the right to amend these GTC at any time with effect for the future.
  2. The changes will be communicated to the customer by e-mail at least four weeks before they take effect.
  3. If the customer does not object to the changes within four weeks of receiving the notification of change, the changes are deemed to have been accepted. The Provider will specifically inform the customer of this legal consequence in the notification of change.

§ 16 Force Majeure

  1. Events of force majeure that make delivery significantly more difficult or impossible for the Provider entitle the Provider to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part with regard to the part not yet fulfilled.
  2. Force majeure includes all events that are beyond the Provider's control and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions for which the Provider is not at fault.

§ 17 Assumption of Contract

  1. The Provider is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
  2. In this case, the customer has the right to terminate the contract with immediate effect.

§ 18 Applicable Law and Jurisdiction

  1. All legal relationships between the Provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
  2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business.

§ 19 Online Dispute Resolution and Participation in a Conciliation Procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The Provider is willing to participate in an out-of-court conciliation procedure before a consumer conciliation body.

§ 20 Final Provisions

  1. The main contract language is German.
  2. The Provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or guardian.
  3. Should individual provisions of these GTC 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 valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
  4. Amendments or supplements to these GTC must be in writing. This also applies to the waiver of this written form requirement.
  5. The Provider reserves the right to make changes to the website, rules, conditions, including these GTC, at any time. The terms of sale, contract terms, and GTC in force at the time of your order will apply to your order, unless a change to these terms is required by law or by official order (in which case they will also apply to orders you have previously placed).
  6. There are no oral collateral agreements. Amendments or supplements to this agreement must be in writing.