Scope
These General Terms and Conditions ("Terms") apply to all contracts between BatteriePassWerk, c/o GAM, Majid Goschka, Pappelallee 64, 10437 Berlin ("Provider") and its customers regarding the use of the BatteriePassWerk platform. Conflicting terms of the customer shall not apply unless the Provider has expressly agreed to them in writing.
The offering is exclusively directed at entrepreneurs as defined in § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Use by consumers is excluded.
Subject matter
The Provider operates a software-as-a-service solution for issuing, managing and serving digital battery passports under Regulation (EU) 2023/1542. The functional and performance scope as well as usage limits (e.g. number of models, active passports, storage) is determined by the plan the customer selects at the time of order.
The service does not include customer-specific customisation of the platform; such customisations may be provided under separate project agreements.
Conclusion of contract and registration
The contract is concluded upon registration of the customer on the platform and confirmation by the Provider, at the latest upon the first provision of access. The customer warrants that the information provided during registration is complete and correct.
A plan change is possible at any time via the platform. Upgrades become effective immediately and are billed pro-rata; downgrades take effect at the next billing period.
Service & availability
The Provider aims for an average annual platform availability of 99 %, measured at the main data centre node. The following are excluded:
- announced maintenance windows (usually outside CET business hours),
- force majeure and events outside the Provider's sphere of responsibility,
- outages of third-party services chosen by the customer (e.g. SSO providers).
Customers on the "Scale" plan can subscribe to separately agreed service levels with guaranteed availability and response times.
Customer obligations
- provide all data necessary for passport creation completely and correctly,
- treat access credentials confidentially and immediately block them in case of suspected abuse,
- refrain from any abusive, unlawful or platform-destabilising use,
- ensure ownership of the rights to uploaded content (images, datasheets, certificates).
Fees and payment
The fees are based on the price list valid at the time of order. All prices are in Euro plus applicable VAT.
Invoices are due for payment within 14 days from receipt without deduction. In case of payment default the Provider is entitled to charge default interest at the statutory rate (§ 288 BGB) and, after unsuccessful reminders, to temporarily suspend access.
Rights of use
For the duration of the contract, the Provider grants the customer a non-exclusive, non-transferable right to use the platform in accordance with the contract. Rights in the software, interfaces, documentation and source code remain with the Provider or its licensors.
Customer data and content remain the customer's property. The customer grants the Provider the rights necessary to store, process and display this data for the purpose of contract performance.
Liability
The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act and any assumed guarantees.
For slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations) whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. Liability is limited to the damage typically foreseeable at the time of conclusion of the contract. Any further liability is excluded.
Data protection and confidentiality
Both parties undertake not to disclose confidential information of the other party to third parties and to comply with applicable data protection law. Where the Provider processes personal data on behalf of the customer, the parties will conclude a data processing agreement pursuant to Article 28 GDPR.
Term and termination
Contracts with monthly billing can be terminated with a notice period of 14 days to the end of the month. Annual contracts have a minimum term of 12 months and automatically renew for another 12 months unless terminated in text form at least 3 months before expiry.
The right to extraordinary termination for cause remains unaffected. After the end of the contract, the Provider will make a standard-format data export (JSON / CSV) available to the customer for 30 days.
Changes to these terms
The Provider is entitled to amend these Terms with reasonable advance notice of at least six weeks where this is necessary for legal or technical reasons. If the customer does not object to the changes in text form within this period, they are deemed accepted. The customer will be expressly informed of this in the change notice.
Final provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, to the extent legally permissible.
If individual provisions of these Terms should be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid one.
For questions please contact us at support@batteriepasswerk.com.