§ 1 Scope
- These GTC apply exclusively to entrepreneurs as defined in Section 14 of the German Civil Code (BGB) and govern all deliveries of AirID GmbH hardware and software products (“Products”) as well as all associated support and update services (“Subscription”).
- Deviating or conflicting terms and conditions of the customer shall only apply if AirID has expressly agreed to them in writing.
- Unaffected by these GTC are any separate framework agreements or individual contracts that AirID has entered into with the customer in writing.
§ 2 Conclusion of Contract
- All offers made by AirID are non-binding and subject to change.
- A binding contract is only concluded when AirID issues a written order confirmation (including by e-mail) or delivers the Products.
§ 3 Prices and Payment
- All prices are quoted in euros ex works and include packaging; freight costs, customs duties, import charges and statutory VAT are not included.
- Unless otherwise agreed in writing, payment is due within 14 days net of invoice date.
- In the event of default pursuant to Section 288 BGB, AirID may charge default interest of 8 percentage points above the base rate; the assertion of further claims for damages remains unaffected.
§ 4 Delivery and Shipping
- Delivery dates are non-binding unless expressly agreed as binding.
- Compliance with delivery deadlines requires the customer’s timely fulfilment of all cooperation obligations.
- If the customer defaults on acceptance or culpably breaches other cooperation obligations, AirID may claim damages, including any additional expenses incurred.
- Risk passes to the customer upon handover to the carrier.
§ 5 Retention of Title
- Delivered Products remain the property of AirID until full payment of all claims arising from the business relationship.
- The customer must treat the reserved goods with care and at their own expense insure them against damage from fire, water and theft at replacement value.
§ 6 Warranty for Hardware
- Statutory warranty periods apply: 12 months for business customers, 24 months for consumers.
- AirID will, at its option, remedy defects or deliver replacements. Further claims are governed by § 9 (Liability).
§ 7 Support & Updates (Subscription Model)
7.1 Included Year
Each new Product purchase includes 12 months of support and firmware updates (including replacement guarantee for hardware defects).
7.2 Paid Follow-On Subscriptions
From month 13 onwards, support is chargeable. Available terms are 6 months, 12 months, 24 months or 36 months and include:
• Firmware updates (new features & patches)
• Technical hotline support
• Agreed SLA response times
7.3 Security Hotfixes
Even without an active Subscription, AirID provides security-relevant patches free of charge.
7.4 Fees & Payment
Subscription fees are as per the current price list and payable in advance within 14 days net.
7.5 Term & Renewal
Subscriptions automatically renew for the booked term unless cancelled in writing at least 3 months before expiry.
7.6 Price Adjustments
AirID may adjust Subscription prices with 60 days’ notice to the end of a month.
7.7 Third-Party Support
Support, maintenance or SLA agreements with third parties may only be concluded with AirID’s prior written consent.
§ 8 Legacy Device Support
- For devices delivered before 01.01.2025 or without an active Subscription, AirID offers discounted “Legacy Support.”
- Legacy Support covers only security-relevant patches and does not include any hardware replacement guarantee.
§ 9 Liability
- AirID is fully liable for personal injury.
- For other damages, liability is limited to intent, gross negligence or breach of essential contractual obligations; in such cases, liability is capped at the typically foreseeable damage.
- Liability under the German Product Liability Act remains unaffected.
- Further claims are excluded.
§ 10 Data Protection
AirID processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG); customers have rights of access, correction and deletion.
§ 11 Amendments to the GTC
- AirID reserves the right to amend these GTC at any time.
- Amendments shall be deemed accepted if the customer does not object in writing within 4 weeks of notification.
§ 12 Final Provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Place of performance and, to the extent permitted by law, exclusive jurisdiction is the registered office of AirID GmbH.
- Should any provision be invalid, the validity of the remaining provisions shall remain unaffected; the invalid provision shall be replaced by a permissible provision that most closely fulfils the economic purpose of the invalid provision.
Effective Date: 01.07.2025
This translation maintains the legal and formal tone of the original German text, ensuring that all clauses and definitions are accurately conveyed.