General Terms and Conditions

(1) These General Terms and Conditions (GTC) apply to all contracts for the use of the software PräferenzPilot between PräferenzPilot, Bazid Aldemir, August-Horch-Straße 35, 56751 Polch (the “provider”) and the customer.

(2) The offering is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. It is not aimed at consumers within the meaning of § 13 BGB.

(3) Deviating terms of the customer do not become part of the contract unless the provider expressly agrees to their application in text form.

(1) The provider makes PräferenzPilot available to the customer as web-based software (software as a service). The application supports the checking of preferential origin, calculates deterministically on the basis of stored rules, and produces review-ready draft proofs of origin as well as functions for managing suppliers' declarations.

(2) No advice, no approval. The service expressly does not constitute legal, tax or customs advice. A human review or approval of results is not part of the service. All outputs are drafts and aids. The final assessment and approval of a proof of origin is made by the customer on their own responsibility. Only the applicable legal provisions, the official list rules of the agreement concerned and the information of the competent authorities are authoritative.

(1) The contract comes into existence when the user account is activated or the subscription is concluded.

(2) The customer is obliged to provide truthful information when registering and to protect their access credentials from third-party access.

(1) Use costs €249 per month plus statutory VAT at the applicable rate.

(2) New customers receive a free trial period of 14 days from conclusion of the contract. No charge arises during the trial period; the first debit takes place after it ends, unless the contract has been terminated beforehand. A valid means of payment is registered when ordering.

(3) Billing takes place monthly in advance via the payment service provider Stripe. Payment is due at the start of the respective billing period.

(4) If the customer falls into arrears with payment, the provider is entitled to block access after prior notice.

(1) The contract is concluded for an indefinite period and can be terminated monthly. There is no minimum term.

(2) Termination may be declared at any time, effective at the end of the current billing period, in text form or via the function provided for that purpose in the account.

The customer uses the application within the applicable laws. They are responsible for the accuracy and completeness of the data they enter and ensure that they are entitled to process the data entered.

The provider endeavours to achieve high availability of the service but does not owe uninterrupted availability. Maintenance work, force majeure or disruptions outside the provider's sphere of influence may temporarily restrict access.

The provider makes the application available in its current version. Material defects that impair use more than insignificantly are remedied by the provider within a reasonable period. No warranty is given for any particular customs or preferential-law outcome (see § 2(2)). The provider's strict liability for defects already present at the conclusion of the contract under § 536a(1), first alternative, BGB is excluded; the liability provision in § 9 remains unaffected.

(1) The provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) In the case of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the damage typical of the contract and foreseeable. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Otherwise liability for slight negligence is excluded.

(3) In particular, the provider is not liable for consequences under customs, tax or foreign trade law that arise from the customer's own assessment, approval or use of the drafts created with the application. The application is an aid; the final check is the customer's responsibility (§ 2(2)).

Details of the processing of personal data can be found in our privacy policy. Insofar as the provider processes personal data on behalf of the customer while providing the service, the data processing agreement under Art. 28 GDPR available at praeferenzpilot.de/avv applies; it becomes a binding part of the contract upon its conclusion (Art. 28(9) GDPR — electronic format). In that respect the customer is the controller and the provider is the processor.

If the customer uses the function for collecting suppliers' declarations (email requests and form links to suppliers), the provider sends these messages on behalf of and in the name of the customer. The customer warrants that they are entitled to contact the supplier contacts stored, and fulfils the information obligations incumbent on them as controller (Art. 13/14 GDPR) towards those persons.

The provider makes a REST API available (documentation within the application). API keys are account-bound and must be kept secret; the customer is responsible for all actions taken under their keys and must revoke compromised keys in the application without delay. Technical usage limits (rate limits) apply and are stated in the API documentation. In the event of misuse — in particular circumventing the usage limits, disrupting the service, or passing keys to third parties outside the customer's own company — the provider may block individual keys or API access; the other contractual rights remain unaffected. §7 (availability), §8 (warranty) and §9 (liability) apply accordingly to the API; the response formats are maintained backwards-compatibly within version v1, and existing fields are not removed.

The provider may change these terms with effect for the future insofar as this is necessary to adapt to a changed legal situation or supreme court case law, to technical developments, or to close gaps in the rules, and does not unreasonably disadvantage the customer. Changes to the main contractual obligations and to the fee are excluded from this. The customer is informed of changes in text form. If the customer does not object within six weeks of receipt of the notification, the changed terms are deemed accepted; the customer is specifically informed of this in the notification. If the customer objects in time, the previous terms continue to apply; in that case both parties may terminate the contract as of the next billing period.

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

(2) The exclusive place of jurisdiction for all disputes arising from this contract is — insofar as the customer is a merchant, a legal person under public law or a special fund under public law — the registered office of the provider.

(3) Should individual provisions of these terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid or unenforceable provision (§ 306(2) BGB).