Terms & Conditions

General Terms and Conditions (GTC)

owlRobotics GmbH – Version 01/2026

§ 1 Scope of Application

1. These General Terms and Conditions (“GTC”) apply to all business relationships between owlRobotics GmbH, Fritz-Souchon-Straße 27, 32339 Espelkamp, Germany (hereinafter referred to as the “Provider”) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law (hereinafter referred to as the “Customer”).
2. These GTC apply in particular to:
   a) the sale of hardware products,
   b) the licensing and provision of software,
   c) the provision of development and IT services,
   d) online software, cloud-based services and other service offerings.
3. Deviating, conflicting or supplementary terms and conditions of the Customer shall not apply unless the Provider has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract

1. Offers made by the Provider are non-binding and subject to change. A contract shall only be concluded upon written order confirmation by the Provider or upon delivery of the goods or acceptance of the services.
2. For orders placed via online shops, the statutory provisions of Sections 145 et seq. of the German Civil Code (BGB) shall apply.

§ 3 Products and Services

1. Hardware: Delivery in accordance with the respective offer.
2. Software: Licensing in the agreed form (single license, multi-user license, SaaS).
3. Services: Development and consulting services according to effort and/or offer.
4. Online Services: Access to provided services in accordance with the respective service description.

§ 4 Prices and Payment

1. All prices are stated net of statutory value-added tax (VAT), unless expressly stated otherwise.
2. Invoices shall be payable without deduction within 10 days of receipt of invoice.
3. The Provider is entitled to demand advance payments or installment payments.

§ 5 Delivery and Transfer of Risk

1. Delivery dates are non-binding unless expressly agreed as binding in writing.
2. In the case of hardware delivery, the risk shall pass to the Customer as soon as the goods are handed over to the carrier.

§ 6 Scope of Software Services

1. The Provider remains the owner and rights holder of the software.
2. The Customer shall only receive the usage rights expressly agreed in the respective license agreement.
3. Any transfer, sublicensing or use beyond the agreed scope requires the prior written consent of the Provider.

§ 7 Maintenance and Support

1. Maintenance and support services are not included unless expressly agreed separately.
2. Quality levels and response times shall be governed by the respective service agreement.

§ 8 Warranty

1. Statutory warranty rights shall apply to defects in hardware, unless expressly agreed otherwise.
2. For software and services, warranty shall be provided in accordance with the state of the art; any guarantee shall only apply if expressly granted in writing.
3. Obvious defects must be reported in writing without undue delay.

§ 9 Liability

1. The Provider shall be liable without limitation in cases of intent or gross negligence and for damages resulting from injury to life, body or health.
2. In the event of slight negligence in the breach of essential contractual obligations, liability shall be limited to the typical, foreseeable damage; any further liability shall be excluded.
3. Liability for loss of profit, production downtime, data loss, indirect or consequential damages shall be excluded to the extent permitted by law.

§ 10 Retention of Title

1. Delivered hardware shall remain the property of the Provider until full payment has been received.
2. In the case of software licenses, the software shall remain the property of the Provider; only the agreed usage rights shall be granted to the Customer.

§ 11 Data Protection

1. The Provider processes personal data in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
2. Where personal data is processed on behalf of the Customer, this shall be carried out on the basis of a separate data processing agreement in accordance with Article 28 GDPR.

§ 12 Online Software / Software-as-a-Service (SaaS)

1. If the Provider makes software available to the Customer not for local installation but via an online platform or web application, this shall constitute a Software-as-a-Service (SaaS) service.
2. The Provider shall grant the Customer access to the online software in its current version for the duration of the contractual relationship. There shall be no entitlement to a specific software version or specific functionalities unless expressly agreed.
3. The Provider is entitled to further develop, modify or adapt the online software, provided that the agreed core functionality is not materially impaired.
4. No specific availability or uninterrupted usability of the online software is owed unless service level agreements (SLA) have been expressly agreed in writing. Maintenance work, security updates and technical disruptions may result in temporary restrictions.
5. The Customer shall be responsible for providing the necessary technical requirements (internet connection, end devices, browsers, security measures).
6. The Customer shall keep access credentials confidential and protect them against unauthorized access. The Provider is entitled to temporarily block access in the event of misuse or security risks.
7. The Provider assumes no responsibility for content or data entered or uploaded by the Customer. The Customer remains solely responsible for the legality, accuracy and permissibility of the processed data.
8. Data backups by the Provider shall only be carried out if expressly agreed. The Customer remains responsible for maintaining its own backup copies of its data, insofar as technically possible.

§ 13 Final Provisions

1. Place of performance shall be the registered office of the Provider.
2. Place of jurisdiction shall be — to the extent legally permissible — the Local Court (Amtsgericht) of Rahden or another competent court.
3. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.