This is a translation for convenience. The German version is legally binding.

General terms and conditions

§ 1 Scope

(1) These general terms and conditions apply to all contracts for the use of the AuftragPilot software between Ghinea IT Services, Alecsandru Ghinea, Organistenweg 8e, 21129 Hamburg (“Provider”), and its customers (“Customer”).

(2) AuftragPilot is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers.

(3) Conflicting terms of the Customer apply only if the Provider expressly agrees to them in writing. Individual agreements, in particular on the pilot phase, take precedence over these terms.

§ 2 Conclusion of contract

(1) The presentation of AuftragPilot on the website is not a binding offer. Self-registration is not available.

(2) The contract is concluded by an individual agreement in text form that sets out the scope of services, fees and term. The Provider then sets up the Customer's access.

§ 3 Services

(1) The Provider makes AuftragPilot available to the Customer as web-based software for use over the internet (software as a service). In particular, the software supports receiving enquiries through an enquiry form, asking for missing details, preparing quote drafts, sending quotes and reminders, and scheduling appointments.

(2) The software uses an AI service to analyse enquiries. AI results are suggestions. Amounts in quotes are calculated from the services and prices stored by the Customer. A quote is sent only after the Customer has reviewed and approved it.

(3) The Provider continues to develop the software and may change features, provided the contractually agreed core of the service is preserved and the change is reasonable for the Customer.

(4) The Provider strives for availability that is as uninterrupted as possible. A specific level of availability is owed only if expressly agreed. Maintenance is carried out outside normal business hours where possible.

(5) During an agreed pilot phase, the software is tested and developed further together with the Customer. Individual features may change during this time.

§ 4 Customer obligations

(1) The Customer checks every quote draft for accuracy before approving it, in particular services, quantities, prices and taxes. The Customer is responsible for the content of quotes it approves and for the prices it stores.

(2) The Customer keeps its login details confidential, grants access only to its own staff and informs the Provider without delay if it suspects misuse.

(3) The Customer uses the software only in accordance with applicable law. It is responsible for the lawfulness of the data that it or its customers process through the software and informs its customers about data processing in accordance with Art. 13 GDPR.

(4) Where important to it, the Customer additionally keeps data it needs permanently (such as sent quotes) in its own systems.

§ 5 Fees and payment

(1) Fees, usually a monthly usage fee and a one-time setup fee, are set out in the individual agreement. All prices are exclusive of statutory VAT.

(2) Unless otherwise agreed, invoices are payable without deduction within 14 days of receipt.

(3) If the Customer is more than 30 days in arrears with a payment, the Provider may block access after prior notice in text form until payment is received.

§ 6 Term and termination

(1) The term and notice periods are set out in the individual agreement. If nothing is agreed, the contract runs for an indefinite period and either party may terminate it with one month's notice to the end of a calendar month.

(2) The right to terminate for good cause remains unaffected.

(3) Notice of termination must be given in text form.

(4) The Customer can export its data at any time under “My profile” and delete its account including all company data there itself. After the contract ends, the Customer may export or request its data within 30 days. The Provider then deletes the data unless statutory retention obligations apply.

§ 7 Data protection and processing on behalf

(1) Where the Provider processes personal data on behalf of the Customer, in particular end-customer data from enquiries, quotes and appointments, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. With regard to data protection, it takes precedence over these terms.

(2) The Provider uses sub-processors for hosting, email delivery and AI analysis, which are named in the privacy policy.

§ 8 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely, liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability for slight negligence is excluded.

(4) Strict liability for defects already existing at the time the contract is concluded (§ 536a(1) alt. 1 BGB) is excluded.

(5) The Provider is liable for loss of data only to the extent that it would also have occurred had the Customer backed up its data properly.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(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 Hamburg.

(3) The Provider may amend these terms by giving at least six weeks' notice in text form. If the Customer does not object within this period, the changes are deemed accepted; the Provider points out this consequence in the notice. If the Customer objects, either party may terminate the contract with effect from the date the changes take effect.

(4) If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected.

Last updated: September 29, 2026