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 purchase contract is only concluded by an express confirmation of acceptance by e-mail or by the provision of the service.
6. 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 has taken possession of the last goods.

   To exercise the right of withdrawal, the customer must inform the Provider 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.

2. Consequences of Withdrawal

   If the customer withdraws from this contract, the Provider shall reimburse all payments received from the customer, without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal was received. For this repayment, the Provider will use the same means of payment that the customer used for the original transaction.

§ 4 Exclusion of the Right of Withdrawal

1. 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 confirmed their knowledge that they lose their right of withdrawal upon full performance.

§ 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.
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.
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.
4. 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.
5. Available payment methods include: PayPal, Credit Card, Klarna, Apple Pay, Google Pay.

§ 7 Warranty

1. Private Customers: 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.
2. Business Customers: A defect will be remedied by subsequent improvement. The limitation period is one year.

§ 8 Liability (for Private Customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 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).
2. In the event of a slightly negligent breach of essential contractual obligations, the Provider's liability is limited in amount to the typically foreseeable damage.
3. 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.

§ 9 Liability (for Business Customers)

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

1. The Provider's liability is limited to intent and gross negligence. This limitation does not apply in the event of injury to life, body, or health, or breach of essential contractual obligations.
2. Claims for damages are limited to the foreseeable, contract-typical damage. Maximum liability in the event of default is 5% of the order value.

§ 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. 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 made available to the customer by download or e-mail after receipt of payment.
2. The statutory warranty rights apply to digital products.
3. The customer must ensure that the technical requirements for receiving and using the digital products are met.

§ 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. 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 to keep their access data safe. The customer may only create one user account.
2. The Provider reserves the right to block or delete the user account if there are indications of improper use or if the customer violates these GTC.

§ 15 Amendments to the GTC

1. The Provider reserves the right to amend these GTC at any time with effect for the future.
2. Changes will be communicated to the customer by e-mail at least four weeks before they take effect. If the customer does not object within four weeks, the changes are deemed accepted.

§ 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 or to withdraw from the contract in whole or in part.

§ 17 Assumption of Contract

1. The Provider is entitled to transfer its rights and obligations to a third party with a notice period of four weeks. 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.
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 is the Provider's place of business.

§ 19 Online Dispute Resolution

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

§ 20 Final Provisions

1. The main contract language is German.
2. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
3. There are no oral collateral agreements. Amendments or supplements to this agreement must be in writing.