Terms and Conditions
§ 1 Scope
These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Hannes Innerhofer, Grüblstrasse 82, 39028 Schlanders (BZ), Italy (hereinafter "Provider") and the customer regarding the use of the PrOEE software as Software-as-a-Service (SaaS).
The customer's deviating terms and conditions shall not apply unless the Provider expressly agrees to their applicability in writing.
§ 2 Subject matter of the contract
The subject matter of the contract is the provision of the PrOEE software for the capture and analysis of production data (OEE monitoring) as a web-based application. The Provider makes the software available to the customer via the internet.
The exact scope of services is set out in the respective service description and the chosen tariff.
§ 3 Conclusion of contract
The contract is concluded by the customer's acceptance of the Provider's offer. Acceptance may be effected by ordering via the contact form, by email or by signing an individual offer.
The Provider confirms the conclusion of the contract by sending an order confirmation by email.
§ 4 Scope of services
The Provider provides the following services:
- Provision of the PrOEE software as a SaaS solution
- Hosting of the application on servers in Germany (Hetzner)
- Setup of a dedicated tenant area for the customer
- Technical support by email during business hours
- Regular updates and maintenance of the software
- Automated data backups
§ 5 Customer obligations
The customer undertakes to:
- Keep access credentials confidential and protect them from third-party access
- Use the software only within the scope of the agreed terms of use
- Not process any unlawful content via the software
- Notify the Provider immediately of any faults or security incidents
- Ensure a sufficient internet connection and compatible end devices
§ 6 Prices and payment
Prices are set out in the price list valid at the time the contract is concluded or in the individual offer. All prices are net plus applicable VAT.
Invoicing is monthly or annually in advance, depending on the chosen tariff. Payment is due within 14 days of invoicing.
§ 7 Availability and maintenance
The Provider endeavours to achieve software availability of 99.5% on an annual average. Excluded are periods of planned maintenance work, which the Provider announces with at least 48 hours' notice.
The Provider is entitled to take the software temporarily offline if this is required for security reasons or for technical maintenance work.
§ 8 Data protection
The Provider processes the customer's personal data exclusively within the framework of applicable data protection laws, in particular the GDPR. For further information please refer to our Privacy Policy.
Where the Provider processes personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.
§ 9 Liability
The Provider is liable without limitation for intent and gross negligence. For slight negligence the Provider is liable only in the event of a breach of material contractual obligations (cardinal obligations). In this case liability is limited to the foreseeable, contract-typical damage.
Liability for indirect damages, consequential damages and loss of profit is excluded in cases of slight negligence. The foregoing limitations of liability do not apply to damages resulting from injury to life, body or health.
§ 10 Contract term and termination
The contract is concluded for an indefinite period unless a specific term has been expressly agreed. It may be terminated by either party with one month's notice to the end of the respective billing period.
The right to extraordinary termination for good cause remains unaffected. Termination requires text form (email is sufficient).
After the contract ends, the Provider will make the customer's data available for collection for a period of 30 days. After that the data will be irreversibly deleted.
§ 11 Amendments to the GTC
The Provider is entitled to amend these GTC with at least four weeks' notice. The customer will be informed of changes by email. If the customer does not object within four weeks of receiving notification of the changes, the amended GTC are deemed to have been accepted.
§ 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, the Provider's registered office.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.
As of: February 2026