(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the software-as-a-service application "Abomate" (hereinafter "Software" or "Service") between io mates GmbH, Spinnereiinsel 3b, 83059 Kolbermoor, Germany (hereinafter "Provider") and its customers (hereinafter "Customer").
(2) The Provider's offering is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. It is not aimed at consumers within the meaning of § 13 BGB. By registering, the Customer confirms that they are acting in the exercise of their commercial or independent professional activity.
(3) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.
(1) The Provider makes the Software available to the Customer for use over the internet for the management of software licenses, contracts, and subscriptions (software as a service). The Software is operated on the infrastructure of the Provider or its processors; installation at the Customer's premises is not required.
(2) The specific scope of functions and services is determined by the plan selected by the Customer (e.g. "Free", "Starter", "Business", "Pro") in the service description valid at the time of conclusion of the contract on the Provider's website. The individual plans differ in particular with regard to the number of users, the number of manageable contracts, the storage space, and the available functions.
(3) The Provider is entitled to continuously develop, adapt, and improve the Software. Functional enhancements that do not significantly restrict the agreed scope of services are deemed to be in accordance with the contract.
(1) The use of the paid plans requires the registration of a customer account. The Customer is obliged to provide the data requested during registration completely and truthfully and to update it in the event of changes.
(2) The presentation of the plans on the website does not constitute a binding offer but an invitation to submit an offer. By completing the order process, the Customer submits a binding offer to conclude a usage contract. The contract comes into effect upon confirmation by the Provider or upon activation of access.
(3) The Customer is responsible for keeping their access data confidential and is liable for its misuse, insofar as they are responsible for it.
(1) The Provider may grant the Customer a free trial period for a certain period of time – usually 14 days. During the trial period, the Customer has access to the selected plan for testing purposes.
(2) If payment data was provided during registration and the Customer does not cancel before the end of the trial period, the trial period automatically converts into the selected paid subscription. The Customer is informed of this circumstance separately during the order process.
(3) If no paid subscription is concluded after the end of the trial period, or if the Customer cancels during the trial period, the data entered by the Customer during the trial period will be deleted 30 days after the end of the trial period. § 13 applies accordingly.
(1) The prices of the selected plan displayed on the website at the time of conclusion of the contract apply. All prices are exclusive of the applicable statutory value-added tax.
(2) Billing takes place monthly or annually in advance, depending on the selected billing cycle. The billing period begins on the exact day of the conclusion of the contract or – if a trial period precedes it – upon its expiry, and is extended by exactly one month or one year in each case; billing is not based on calendar months. A discount may be granted for annual payment. Additional paid options (e.g. further tenants) are charged according to the selected scope.
(3) Payment is processed via the payment service provider Stripe. The Customer authorizes the Provider or Stripe to collect the amounts due via the stored payment method. The Customer must ensure sufficient funds or validity of the payment method.
(4) If the Customer is in default of payment, the Provider is entitled to block access to the Software after prior notice. Further statutory claims remain unaffected.
(1) The Provider endeavors to achieve the highest possible availability of the Software. However, 100% availability cannot be technically guaranteed.
(2) Times during which the Software is not available or only available to a limited extent due to maintenance, update, or other technical work, as well as outages due to circumstances beyond the Provider's control (in particular force majeure, disruptions at third parties or at the Customer), are not included in the availability. Where possible, the Provider will schedule planned maintenance work during off-peak times.
(1) The Customer is responsible for the content and data they enter into the Software as well as for compliance with the statutory provisions when processing it.
(2) The Customer undertakes not to use the Software improperly, in particular not to store or distribute illegal content, not to introduce malware, and not to take any measures that impair the functionality or security of the Software or the underlying infrastructure.
(3) The Customer shall indemnify the Provider against all third-party claims based on unlawful use of the Software by the Customer or with their approval, insofar as the Customer is responsible for this. This also includes reasonable costs of the necessary legal defense.
(1) For the duration of the contract, the Provider grants the Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Software within the contractually agreed scope.
(2) All rights to the Software, including the source code, the trademarks, and other property rights, remain with the Provider. The Customer acquires no further rights.
(1) The Provider processes personal data within the scope of providing the Software in compliance with the applicable data protection regulations. Details on the processing of the data of website visitors and customers can be found in the privacy policy.
(2) Insofar as the Provider processes personal data on behalf of the Customer for which the Customer is the controller within the meaning of the GDPR, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR. This takes precedence over the provisions of these GTC in matters of data protection.
(1) The Provider warrants the contractual usability of the Software. Since this is a temporary provision of the Software for a fee, the provisions of German tenancy law (§§ 535 et seq. BGB) apply, unless the special provisions for contracts for digital products (§§ 327 et seq., 578b BGB) take precedence.
(2) The Provider's strict liability for initial defects pursuant to § 536a (1) Alt. 1 BGB is excluded.
(3) The Customer must report recognizable defects in a comprehensible form immediately after detection so that the Provider can remedy the defects.
(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health that are based on a breach of duty by the Provider, as well as for damages based on intent or gross negligence on the part of the Provider or its vicarious agents.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely, the Provider's liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, the Provider's liability for slight negligence is excluded.
(4) The Provider is responsible for the loss of data only to the extent that would have arisen with proper and regular data backup by the Customer. The Customer remains co-responsible for backing up the data they enter into the Software within the scope of the export functions available to them.
(5) The above limitations of liability do not apply insofar as the Provider has assumed a guarantee or is subject to mandatory liability, in particular under the German Product Liability Act.
(1) The contract is concluded for an indefinite period unless otherwise agreed. The minimum term and the billing period are determined by the selected billing cycle (monthly or annually).
(2) The contract can be terminated by both parties at the end of the current billing period. There is no notice period; termination is possible up to and including the last day of the current billing period and takes effect at the end of that period. If the contract is not terminated, it is automatically extended by a further period of the same length. Termination can be carried out via the functions in the customer account or in text form.
(3) The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the event of a significant breach by the Customer of their obligations under § 7 or in the event of a payment default of more than two billing periods.
(1) After the end of the contract, the Customer has the option of downloading their data within 30 days via the export functions provided.
(2) After this period of 30 days has expired, the Provider is entitled and – subject to statutory retention obligations – obliged to permanently delete the Customer's data (in particular the tenant database and uploaded files). Invoice and accounting data will continue to be stored within the scope of statutory retention obligations.
(3) If a trial period ends without a paid subscription being concluded, paragraphs 1 and 2 apply accordingly, with the proviso that the period begins upon expiry of the trial period.
(1) The Provider is entitled to amend these GTC with effect for the future, insofar as this is necessary for valid reasons, in particular due to a changed legal situation, supreme court rulings, or further development of the Software, and the Customer is not unreasonably disadvantaged as a result.
(2) The Provider will inform the Customer of changes at least four weeks before they come into effect in text form (e.g. by e-mail). If the Customer does not object within four weeks of receipt of the notification, the amended GTC are deemed to have been accepted. The Provider will draw attention to the significance of silence separately in the notification. If the Customer objects in due time, either party may terminate the contract as of the time the changes come into effect.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – insofar as the Customer is a merchant, a legal entity under public law, or a special fund under public law – the registered office of the Provider.
(3) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected.
This is a non-binding English translation. In case of any discrepancy, the German version of these Terms and Conditions shall prevail.
Last updated: July 2026