General terms and conditions
for using autarc software

(Version: April 2026)

1. SCOPE
   
   1. These General Terms and Conditions (the “GTC”) of autarc GmbH, Invalidenstrasse 5, 10115 Berlin, Germany, registered with the commercial register of the Local Court (Amtsgericht) Charlottenburg under HRB 249005 (“autarc”), govern the use of autarc’s sales and planning software for heat pumps, photovoltaic systems and related energy solutions (the “Software”) by the customer (the “Customer”).
   2. autarc provides its services exclusively to customers acting in the course of a business, trade or profession. Contracts with consumers are excluded.
   3. Any differing, conflicting or supplementary terms of the Customer shall only become part of the contract if autarc expressly agrees to their applicability in text form.
2. SUBJECT MATTER OF THE CONTRACT
   
   1. autarc provides the Customer with the Software for paid use, limited to the contract term. The Software is provided as a Software-as-a-Service solution (the “Service”).
   2. The Customer may choose between the subscription plans “Core AI”, “Pro”, “Premium” and “All-in-One”. Each subscription plan may be offered in different variants, in particular a heating-focused variant and a photovoltaic-focused variant. The respective scope of functions and fees are defined on autarc’s website.
   3. All subscription plans are subject to a binding minimum contract term of twelve (12) months, irrespective of the selected billing interval. The Customer may choose between monthly billing and annual billing in advance.
   4. autarc grants a thirty (30) day money-back guarantee for all subscription plans. The period begins with the first payment date.
   5. The Customer shall pay the fees in accordance with clause 8.
   6. The Customer may additionally book paid add-on modules. Add-on modules may be subject to separate terms.
3. CONCLUSION OF THE CONTRACT
   
   1. In the case of the standard subscription plans, the contract is concluded as set out in clauses 3.2 to 3.4 below.
   2. The Customer may book a demonstration of the Software via autarc’s website by entering the required data, consenting to the processing of personal data and completing the booking.
   3. Following the demonstration, autarc may provide the Customer with a sign-up link. During the sign-up process, the Customer enters further required data, selects a subscription plan and accepts these GTC.
   4. By completing the sign-up process, the Customer submits a binding offer to conclude a contract. The contract is only concluded once autarc accepts the offer by activating the Customer account.
   5. For Enterprise contracts, autarc provides an offer, which becomes binding upon signature by the Customer. The contract is concluded upon receipt of the signed offer by autarc.
   6. The Customer warrants that it is acting in a business capacity and that the acting individual is authorised to represent the entity.
   7. The contract language is English.
4. FUNCTIONS AND USE OF THE SOFTWARE
   
   1. The Software includes the functions specified in the selected subscription plan.
   2. The Software provides dashboards for the Customer, its team members and end customers. The Customer may manage projects, data and users via these dashboards. The dashboard for end customers is referred to as the “End Customer Portal”.
   3. The Customer is solely responsible for the administration and use of the End Customer Portal and for its relationships with end customers. autarc is not a party to any such relationship.
   4. The Software may be used via browser or application, both online and offline.
   5. The Customer is granted a non-exclusive, non-transferable, non-sublicensable (except for portal access), revocable right to use the Software during the contract term. The Customer may grant limited access to end customers solely for the purpose of using the End Customer Portal.
   6. The Customer is not entitled to make the Software available to unauthorised third parties or to copy, modify, reverse engineer or otherwise interfere with the Software.
   7. autarc is entitled to monitor usage, enforce contractual restrictions and restrict access in case of violations. autarc may also change access credentials for security reasons.
   8. autarc provides only the technical infrastructure and is not responsible for connectivity between the Customer’s systems and the data centre or for disruptions beyond its control.
   9. The Customer is responsible for internet access, hardware and telecommunications infrastructure.
   10. autarc may update, modify or further develop the Software at any time, provided that the core functionality is not materially impaired.
   11. The Customer grants autarc the right to use all data entered into the Software for the purpose of providing the Service, including for system operation and maintenance. autarc may use anonymised and non-personal data for analysis, improvement and further development of the Software.
5. TEAM MEMBERS
   
   1. The Customer may add or remove users (“Team Members”) at any time. Additional Team Members may be subject to fees as set out in clause 8.
   2. Team Members are added via invitation and become active upon acceptance. The Customer may assign roles and access rights.
   3. Removal of Team Members takes effect according to the applicable billing cycle.
6. CUSTOMER RESPONSIBILITIES
   
   1. The Customer is obliged to protect access credentials and to notify autarc of any suspected misuse without undue delay.
   2. The Customer shall only upload lawful, accurate and complete data and shall ensure that such data does not infringe third-party rights or contain harmful components.
   3. The Customer is solely responsible for all content uploaded and processed via the Software and for ensuring that all necessary rights are in place.
   4. The Customer is responsible for regularly backing up its data. The Software does not serve as a backup system.
   5. The Customer must verify all outputs generated by the Software for accuracy and suitability before use, particularly in relation to end customers.
   6. The Customer is solely responsible for calculations, planning results, feasibility assessments, legal compliance and all outputs derived from the Software.
   7. Where LiDAR or similar technologies are used, the Customer must independently verify measurement results. autarc is not responsible for deviations.
   8. The Customer shall indemnify autarc against all third-party claims arising from unlawful use of the Software, except where such claims are based on intentional or grossly negligent conduct by autarc.
7. SERVICE LEVEL
   
   1. autarc provides an availability of 98 per cent on an annual average.
   2. Availability refers to the ability to use the core functionalities of the Software. Maintenance periods and minor disruptions are not considered downtime.
   3. Support is provided during business hours on working days at autarc’s registered office.
   4. autarc will use reasonable efforts to resolve significant disruptions within a reasonable time.
   5. autarc is not responsible for disruptions caused by third parties or circumstances beyond its control.
8. FEES AND PAYMENT
   
   1. The Customer shall pay the agreed subscription fees and any applicable set-up or usage-based fees in advance.
   2. Fees are due regardless of actual use of the Software.
   3. Additional Team Members are subject to additional fees.
   4. If payment is delayed by more than four (4) weeks, autarc may suspend access to the Software after prior notice. Payment obligations remain unaffected.
   5. All prices are exclusive of value added tax (VAT).
9. TERM AND TERMINATION
   
   1. The contract has a minimum term of twelve (12) months and renews automatically unless terminated with thirty (30) days’ notice before the end of the term.
   2. Termination for cause remains unaffected.
   3. Upon termination, the Customer’s right to use the Software ends.
10. TRIAL PERIOD
    
    1. The Customer may use the Software free of charge for fourteen (14) days.
    2. The contract is already in effect during the trial period.
    3. Either party may terminate during the trial period.
11. LIABILITY
    
    1. autarc is liable without limitation for intent, gross negligence and personal injury.
    2. In cases of simple negligence, autarc is liable only for breaches of essential contractual obligations and limited to foreseeable, typical damages.
    3. autarc is not liable for data loss that could have been prevented by proper backup, for cloud outages or for misuse of the Software.
    4. Mandatory statutory liability remains unaffected.
12. LIMITATION PERIOD
    
    1. Claims are subject to a limitation period of one (1) year, except in cases of intent, gross negligence or personal injury.
13. DATA PROTECTION
    
    1. Both parties shall comply with applicable data protection laws. A Data Processing Agreement forms part of the contract.
14. CONFIDENTIALITY
    
    1. Both parties shall treat all confidential information as confidential, use it only for contractual purposes and protect it appropriately.
    2. This obligation continues for the duration of the contract and for three (3) years thereafter.
15. AMENDMENTS
    
    1. autarc may amend these GTC where necessary due to legal changes or where the amendments are not materially disadvantageous to the Customer.
    2. Customers will be notified in advance. Material changes require consent.
16. FINAL PROVISIONS
    
    1. This contract is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    2. The exclusive place of jurisdiction is Berlin, Germany. autarc may also bring claims at the Customer’s place of business.
    3. The Customer may not assign the contract without the prior consent of autarc.
    4. If any provision is invalid, the remainder of the contract remains unaffected.

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