Terms & conditions

AUTOMATA – General Terms and Conditions
Owner Jan-Michael Waiser, BFA, BBA · Last updated: 7 October 2026

This is a courtesy translation. The German version is legally binding.

These terms apply to our project services as well as to our own apps and programs. They consist of:

General part (sections 1–14) – applies to all contracts
Part A – Individual services: software and app development, websites, AI solutions, consulting, maintenance
Part B – Software subscriptions and licences booked via automata.at/kaufen
Part C – Apps from the App Store and Google Play
Part D – Special provisions for ADMISSIO, Offerta, TAXOS, Klasso, Bulli & Bär Desktop, Bulli & Bär, My Lucky Charm and Kernwert
Part E – Data processing on behalf of customers (Art. 28 GDPR)
Part F – Information on the right of withdrawal and model withdrawal form for consumers

General part

1. Provider and scope

1.1 These terms apply to all contracts between AUTOMATA, owner Jan-Michael Waiser, BFA, BBA, Erdberger Lände, 1030 Wien, Austria (hereinafter "AUTOMATA" or "we") and our customers, and to the use of our apps and online services.

1.2 Customers may be businesses within the meaning of § 1 Austrian Consumer Protection Act (KSchG) or consumers. Provisions that apply to only one of these groups are marked as such. Mandatory consumer rights remain unaffected in all cases.

1.3 Customers' own terms only apply if we expressly agree to them in writing. Individual agreements, in particular in our quote, take precedence over these terms.

1.4 The contract language is German. The English version of these terms is a translation; the German version prevails.

2. Conclusion of contract

2.1 Presentations on our website, in apps, brochures and price lists are not binding offers but an invitation to request a quote or place an order. Our quotes are non-binding unless expressly designated as binding.

2.2 For individual services (Part A), the contract is concluded by written acceptance of our quote (including by email or electronic signature) or by our order confirmation.

2.3 For online purchases via automata.at/kaufen, the contract is concluded as described in Part B; for purchases in an app from the App Store or Google Play as described in Part C. Free accounts are created upon registration in the respective app.

3. Prices

3.1 All prices are in euros. For businesses, prices are net plus statutory VAT. For consumers, we state total prices including VAT.

3.2 Third-party costs (e.g. domains, hosting, app store fees, licences for third-party software, use of AI services via the customer's own accounts) are only included in the price if this is expressly stated.

4. Payment

4.1 Unless agreed otherwise, invoices are due immediately upon receipt without deduction. Subscriptions and licences are collected in advance for each billing period via our payment service provider Stripe (Part B).

4.2 For projects we may agree on advance payments or instalments according to project progress; for new customers we may require payment in advance.

4.3 In the event of late payment, statutory default interest applies; for businesses additionally the lump sum under § 458 UGB. Necessary and reasonable collection costs must be reimbursed.

4.4 Businesses may only set off undisputed claims or claims established by final judgment. For consumers, § 6(1)(8) KSchG applies.

5. Warranty

5.1 Statutory warranty provisions apply. For consumers, in particular the Consumer Warranty Act (VGG) and the Austrian Civil Code (ABGB) apply; their rights are not restricted by these terms.

5.2 For businesses: defects must be reported in writing and in a comprehensible manner without delay, at the latest within 14 days of discovery. The warranty period is twelve months from delivery or acceptance. The presumption of defectiveness under § 924 ABGB is excluded. We remedy defects at our discretion by repair or replacement.

5.3 By the state of the art, software is never completely free of errors. A defect exists if the performance deviates materially from the agreed description. In particular, malfunctions caused by improper use, changes by customers or third parties, a system environment not agreed upon, or outages and changes of third-party services (e.g. hosting providers, payment service providers, app stores, exchanges, AI providers) are not defects.

6. Liability

6.1 We are liable without limitation for intent and gross negligence, for personal injury and under the Product Liability Act.

6.2 Our liability for slight negligence is excluded, except for personal injury. Towards businesses we are furthermore not liable for lost profit, indirect damage, consequential damage and third-party claims; towards businesses our liability is limited to the fees paid for the affected service in the last twelve months.

6.3 We are only liable for loss of data if customers have backed up their data at appropriate intervals, and only to the extent that would have been necessary for restoration had a backup existed.

6.4 Results generated automatically by our software – such as AI texts, translations, tax estimates, analysis signals or evaluations of trading strategies – are aids and must be checked before use. Part D contains specific information on this.

6.5 Damage claims of businesses become time-barred six months after knowledge of the damage and the party causing it, at the latest three years after the damaging event.

7. Rights to software and content

7.1 All rights to our own products (apps, programs, libraries, tools, templates, designs and documentation) remain with us. Customers only receive the rights of use under Parts B, C and D.

7.2 For work results developed individually for customers, Part A section A6 applies: once paid in full, they belong to the customer including the source code.

7.3 Licence terms of open-source components and third-party content (e.g. fonts, images) take precedence.

7.4 Data and content that customers bring into our apps remain theirs. They only grant us the rights we need to provide the agreed service (e.g. storing, displaying, transmitting, backing up).

8. Permitted use

8.1 Customers and users may only use our services lawfully. In particular, unlawful, offensive or infringing content, attacks on our systems, circumventing licence checks or usage limits, automated scraping without our consent and passing access data on to unauthorised persons are prohibited.

8.2 Access data must be kept secret. If unauthorised access is suspected, this must be reported to us without delay.

8.3 In the event of serious violations we may remove content and suspend access temporarily or permanently. Where reasonable, we announce this in advance and give the opportunity to comment. How we handle notices about content is described in Part D (Klasso, My Lucky Charm).

9. Deadlines and force majeure

Deadlines are only binding if expressly agreed as binding. Events for which we are not responsible (e.g. force majeure, outages of hosting providers, payment service providers or app stores, official measures) extend deadlines by the duration of the impediment.

10. Confidentiality

We treat all non-public information of our customers confidentially and use it only for the agreed service. On request we sign a separate non-disclosure agreement (NDA) before the first conversation.

11. Data protection

How we process personal data is described in our privacy policy. Where we process personal data on behalf of customers, Part E of these terms applies.

12. Communication

Declarations may be made by email; this also applies to terminations unless another form has been expressly agreed. We reach customers at the email address last notified to us.

13. Changes to these terms

For ongoing subscriptions and licences we notify changes to these terms by email at least six weeks before they take effect. Businesses may object to the change until it takes effect or terminate the contract at that time; if they do not object, the change is deemed accepted – we expressly point this out in the notification. For consumers, changes only apply if they agree to them.

14. Applicable law, place of jurisdiction, final provisions

14.1 Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protective provisions of the state in which they have their habitual residence remain unaffected.

14.2 The place of jurisdiction for disputes with businesses is the court with subject-matter jurisdiction in Vienna. For actions against consumers, § 14 KSchG applies.

14.3 Should any provision of these terms be invalid, the remaining provisions remain valid. Towards businesses, the invalid provision is replaced by a valid one that comes closest to its economic purpose.

Part A – Individual services

A1. Subject matter

Part A applies to services we provide for individual customers: custom software, web apps, apps for iPhone and Android, desktop software, platforms and portals, AI chatbots and AI agents, automations, dashboards, integrations, websites, online shops, UX and design services, branding, copywriting, SEO, tracking and compliance set-up, maintenance, support and consulting – also as an ongoing service package ("digital department on subscription").

A2. Scope of services and changes

The scope of services results from our quote and a service description referred to therein (e.g. concept, specification). We implement change and additional requests after conclusion of the contract by joint written agreement; the additional effort is charged at the rates stated in the quote. If a change affects deadlines, they are postponed accordingly.

A3. Cooperation

Customers provide all content, information, access and approvals needed for the service in good time and name a contact person. They are responsible for ensuring that the content provided (texts, images, data, trademarks) may be used free of third-party rights. Delays due to lack of cooperation extend agreed deadlines; resulting additional effort is charged separately.

A4. Deadlines

Deadlines are only binding if expressly agreed as such. If we are in default with a binding service, businesses may only withdraw from the contract after setting a reasonable grace period of at least 14 days.

A5. Acceptance

We notify customers when a service or an agreed partial service has been completed. Customers test the service within 14 days and report material defects in writing within this period. The service is deemed accepted if it is expressly accepted, if no material defects are reported within the period, or if it is used productively (e.g. publication of a website or app). Minor defects do not prevent acceptance and are remedied under the warranty.

A6. Rights to work results and source code

A6.1 Once the agreed remuneration has been paid in full, customers receive the exclusive, transferable right of use, unrestricted in time, territory and content, to the work results created specifically for them – in particular program code, designs, texts and documentation – including the right to modify them and have them developed further. We hand over the source code and the agreed documentation. There is no lock-in: customers can continue to operate and develop the software without us.

A6.2 Until payment in full, customers only receive a revocable, non-exclusive right to use the work results for testing and acceptance purposes.

A6.3 Excluded from A6.1 are pre-existing or generally usable components that we did not develop specifically for the customer (e.g. libraries, tools, templates, modules of our own products). For these, customers receive a non-exclusive right of use, unlimited in time and transferable together with the work result, for use within the delivered work result. Open-source components and third-party content are subject to their own licences. Both parties may continue to use general know-how.

A6.4 Deviating provisions in the quote take precedence.

A7. References

After completion of a project we may name customers as a reference and show the project (e.g. with name, logo and screenshots of publicly accessible parts) on our website and in our profiles. Customers may object at any time; we will then remove the reference within a reasonable period.

A8. Maintenance, support and digital department on subscription

A8.1 We provide maintenance and support after completion of a project on the basis of a separate maintenance contract. Scope, fee and term result from the quote. If nothing has been agreed, either party may terminate a maintenance contract with one month's notice to the end of a month.

A8.2 With the "digital department on subscription", an agreed number of hours per week is available. The minimum term is three months; thereafter the package can be cancelled monthly. Unused hours lapse at the end of the billing month unless agreed otherwise. Larger undertakings are planned as a separate project.

A9. Hosting, domains and third-party services

If we set up hosting, domains, app store accounts, payment providers, AI services or other third-party services for customers, their terms apply. Where possible, customers conclude these contracts themselves; if we conclude them on the customer's behalf, we pass on the costs.

A10. AI solutions

With AI chatbots, AI agents and automations, automatically generated results may be incorrect. Customers are responsible for checking the results, for their lawful use (including transparency obligations towards their own users) and for selecting the data processed. We choose providers and hosting so that GDPR-compliant operation is possible and conclude a data processing agreement with customers (Part E).

A11. Partner programme

A separate partner agreement applies to referrals under our partner programme. The commission amounts to the percentage of the net order value stated on the website and becomes due after payment has been received from the referred customer.

Part B – Software subscriptions and licences (purchase via automata.at)

B1. Scope

Part B applies to paid plans of our products booked via automata.at/kaufen or via the "book plan" button in one of our apps – currently ADMISSIO, Offerta, TAXOS and Bulli & Bär Desktop, in future also Klasso. Part C applies to purchases in the App Store or on Google Play.

B2. Ordering process and conclusion of contract

This is how the contract is concluded (§ 9 ECG):

You choose a product and a plan on automata.at/kaufen or in the app. If you come from an app, your account there is carried over automatically.
You enter your name or company and email address (for ADMISSIO also the domain of the installation), redeem a voucher if you wish and accept these terms.
"Continue to payment" takes you to the checkout of our payment service provider Stripe. There you enter your billing address, your VAT ID if applicable and your payment method. Until completion you can check all entries and correct them via "back" or by cancelling.
By clicking the payment button in the Stripe checkout you place a binding order. The contract is concluded as soon as the payment or the subscription is confirmed; you then see a confirmation on our website or in the app and receive a confirmation by email.

We store the order data. These terms are available at any time at automata.at/en/terms and can be saved or printed. You receive invoices by email from Stripe; they are also available in the customer portal.

B3. Prices and payment

The prices of the selected plan shown at the time of purchase apply. One-off set-up fees (e.g. for ADMISSIO) are charged with the first payment. Payment is made via Stripe using the payment methods offered there (e.g. credit card, SEPA direct debit, Apple Pay, Google Pay). The fee is collected in advance at the beginning of each billing period.

B4. Term and renewal

Depending on the plan, subscriptions run monthly or annually and renew automatically for the same period unless cancelled before it ends. If a minimum term is stated, it applies (for ADMISSIO with monthly payment: twelve months).

B5. Cancellation

B5.1 You can cancel at any time to the end of the current billing period – via the "manage subscription" link (for installed products in your order email, for online apps in the respective app), which opens Stripe's customer portal, or by email to office@automata.at. During a minimum term, cancellation in the customer portal is not possible; you can then cancel by email to the end of the minimum term or a later billing period.

B5.2 We may cancel a subscription with one month's notice to the end of a billing period. Both parties' right to terminate for good cause remains unaffected.

B5.3 When the subscription ends, the right to use the paid features ends. What happens to your account and data afterwards is described in B12 and Part D.

B6. Trial periods

If we offer a free trial period in the app (e.g. for Offerta or TAXOS), no payment details are required and it does not convert automatically into a paid subscription. If you book a plan during a trial period, billing starts with the booking. If a plan provides for a free period within the Stripe checkout, billing starts automatically after it ends unless you cancel beforehand; we point this out at checkout.

B7. Vouchers

Vouchers grant a percentage discount for the stated product (or all products) and the stated duration (first payment only, the first months, or permanently). A discount on the first payment applies to the entire first invoice including any set-up fee. Vouchers can be redeemed until the stated date and only as often as stated, cannot be combined with other vouchers, are not transferable unless stated otherwise, and cannot be exchanged for cash.

B8. Changing plans

To change your plan, book the new plan and cancel the previous one to the end of its term – or write to us and we will switch it for you.

B9. Late payment and suspension

If a payment fails, Stripe retries the collection and informs you. Use remains possible until the end of the paid period and thereafter for a grace period of seven days. After that we may restrict use until payment is received – depending on the product, for example to the free version, to read-only mode or through expiry of the licence key. Your data is retained. After a cancellation, use ends at the end of the term without a grace period.

B10. Right of use

B10.1 For the duration of the subscription you receive a non-exclusive, non-transferable and non-sublicensable right to use the product for your own purposes within the scope of the booked plan (e.g. number of companies, users, modules).

B10.2 Installed products are bound to one installation: ADMISSIO to the domain on which it is first activated, Bulli & Bär Desktop to one computer. We release the licence on request for a move to another domain or a new computer.

B10.3 Circumventing or removing licence checks and protective notices, passing on licence keys and decompiling the program code are not permitted, unless expressly allowed under § 40e Austrian Copyright Act.

B11. Licence checks and updates

Installed products check their licence online at automata.at (activation, regular checks, update checks). If a licence has expired or been blocked, features may be restricted. Updates and new versions are included during the term; they are digitally signed. Before installing an update for installed products you should create a backup. We may develop and change features if this is reasonable for you and the essential functions are retained.

B12. Availability, data and end of contract

B12.1 We operate our online apps with care but do not owe any particular availability unless expressly agreed (e.g. as an SLA add-on). We carry out maintenance outside usual business hours where possible.

B12.2 Your data remains yours. Depending on the product, your account continues after the end of the contract as a free version or in read-only mode, or you can export your data and delete the account (Part D). You are responsible for statutory retention obligations that apply to you (e.g. for accounting records); export your data in good time.

B12.3 For installed products you are responsible for the operation, backup and security of your server or computer.

Part C – Apps from the App Store and Google Play

C1. Scope

Part C applies to our apps for iPhone and Android, in particular Bulli & Bär, My Lucky Charm, Klasso and Kernwert.

C2. Download and in-app purchases

The apps are obtained via the Apple App Store or Google Play. In-app purchases (e.g. subscriptions, coin or Taler packages) are processed exclusively by Apple or Google; their terms and the prices shown there including VAT apply. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the period in the settings of your Apple or Google account; deleting the app does not end a subscription. A free trial converts into a paid subscription after it ends unless you cancel in time. Refunds are governed by Apple's or Google's rules; we ourselves cannot refund store purchases.

C3. Virtual currencies

Coins (My Lucky Charm) and Taler (Bulli & Bär) are virtual credits within the respective app. They have no monetary value, cannot be paid out, exchanged for money or transferred to other persons and – subject to mandatory statutory rights and the rules of Apple and Google – are non-refundable. Random rewards in our apps never depend on purchased coins or Taler and cannot be bought.

C4. Right of use

You receive a simple, non-transferable right to use the app on devices you own or control, within the usage rules of the respective store.

C5. Additional terms for apps from the Apple App Store

For apps obtained via the Apple App Store, the following additionally applies:

This agreement is concluded between you and us only, not with Apple. We, not Apple, are responsible for the app and its content.
Apple has no obligation to provide maintenance or support for the app. You receive support from us at office@automata.at.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
We, not Apple, are responsible for claims relating to the app (e.g. product liability, failure to meet legal requirements, consumer protection) and for third-party claims that the app infringes intellectual property rights.
You confirm that you are not located in a country subject to a US embargo and are not on any US list of prohibited or restricted parties.
You must comply with applicable third-party terms when using the app (e.g. your mobile contract).
Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

C6. Google Play

For apps obtained via Google Play, the Google Play Terms of Service additionally apply.

Part D – Special provisions for individual products

ADMISSIO

Service: ADMISSIO is a platform for online applications with two separately licensable modules: exhibitor applications (e.g. for markets) and job applications. It is installed on a web server – on the customer's server or, if agreed, hosted by us.

Plans and term: Plans and prices as shown at checkout (e.g. Starter or Professional, per module or as a bundle, monthly with a twelve-month minimum term or annually), plus a one-off set-up fee. After purchase you receive a serial number by email; if set-up is included, we contact you to set it up together.

Licence: The serial number is bound to the domain on first activation. The software checks the licence online and obtains signed updates this way.

Responsibility as operator: Customers operate the application platform under their own responsibility. They are the controllers for applicants' data and provide a suitable privacy policy, lawful consent and newsletter texts, email sending via their own mailbox and compliance with the rules applicable to application procedures. If we host or support an installation with access to this data, Part E applies.

Offerta

Service: Offerta turns customer enquiries into finished quotes. It runs as an online app at offerta.automata.at. An earlier edition for Windows PCs is no longer offered; PCs already set up continue to synchronise with the server and switch to read-only without synchronisation for more than 14 days.

Plans: Solo, Team and Pro as shown at checkout and in the app, monthly; the scope (e.g. number of companies) results from the plan description. The trial period (14 days) is free of charge and requires no payment details; anyone booking during the trial pays from the booking.

AI: For drafting texts and researching market prices, Offerta uses the customer's own account with an AI provider (Anthropic Claude, OpenAI ChatGPT or xAI Grok). Customers conclude the contract with the AI provider themselves; usage is billed there directly. Without AI access, Offerta continues to work without these features.

Responsibility for quotes: Customers check every quote before sending it and are responsible for content, prices, mandatory information and the relationship with their own customers. Market price comparisons are guide values. Part E applies to their customers' data.

After payment failure: After the end of the paid period and the grace period, Offerta switches to read-only; the data is retained.

TAXOS

Service: TAXOS is an online app for bookkeeping and tax estimates in Austria and Germany at taxos.automata.at: capturing and classifying receipts, tax estimates, deadlines, figures for the VAT return, invoices and bank reconciliation (depending on the plan).

Plans: Free (with monthly limits), Solo, Business and Konzern as shown in the app and at checkout. New accounts can test Business free of charge for 30 days after confirming their email address; afterwards the account continues free of charge as the free version. Additional companies or users are available on request. After a subscription ends, the account continues as the free version; the data is retained.

No tax advice: TAXOS is a tool. Classifications of receipts, deductible amounts, figures and tax estimates are calculated automatically according to general rules and your entries; they are estimates without examination of your individual case and replace neither tax advice nor a review by a tax adviser. You are responsible for the correctness of your bookkeeping, your returns and VAT returns and for meeting deadlines. Check all values before filing.

Retention: You must keep your receipts and records yourself in accordance with the rules that apply to you (e.g. § 132 BAO, § 147 AO). Export your data (ZIP export in the app) before deleting your account.

Klasso

Service: Klasso connects schools, kindergartens and after-school care with parents and pupils: messages, parent letters with signature, sick notes, timetable, tests, pick-up, translation into the family's language. Klasso runs in the browser at klasso.automata.at and as an app for iPhone and Android.

Contracting party: The customer is the institution (school, kindergarten, after-school care or its operator). Parents and pupils use Klasso free of charge. Licence and price per institution as stated in the quote or at checkout.

Responsibility: The institution is responsible for the data in Klasso, determines who receives access and ensures lawful use (including any consents required). We process this data on its behalf (Part E).

Automatic translations: Translations are machine-generated and may be inaccurate. The original text is authoritative ("show original").

Notices and moderation: Parents and teachers can report messages and close conversations. The institution's management reviews reported messages, can remove them and block parent accounts. Pupils cannot write messages to others. You can also send notices of illegal content to office@automata.at; we review them and inform the institution.

Not an emergency channel: Klasso does not replace immediate or emergency communication. Please also clarify urgent matters with the institution by phone.

Bulli & Bär Desktop

Service: Bulli & Bär Desktop is software for Windows and macOS that runs locally on your computer. With it you can create rule-based trading strategies, test them in paper trading and backtests and – with your own API keys – let bots trade on your own accounts at crypto exchanges (currently Kraken and Binance).

Licence: Annual licence for one computer. The licence key is bound to the computer on first activation and renews automatically while the subscription runs. We release the licence for a new computer on request.

No investment advice, no asset management: We are not an investment firm, bank or asset manager and do not hold a licence from the Financial Market Authority. Bulli & Bär Desktop provides technical tools; there is no investment advice and there are no recommendations to buy or sell. You make all decisions yourself. Every trade takes place on your own exchange account, in your name and at your risk.

Risk: Crypto assets are subject to very strong price fluctuations. Especially when trading with leverage and futures, you can lose all of the capital you have invested (total loss). Bots can trade incorrectly; exchanges and their interfaces can fail, reject orders or execute them with a delay or at worse prices; protective stops may not be executed. Past results, backtests, paper trading, ratings (score) and projections are no indication of future results.

Your responsibility: You are responsible for your API keys (we recommend keys with trading permission only, without withdrawal permission and with IP restriction), the security of your computer, the choice of risk limits and ongoing monitoring. Bots only trade while the software is running; if the computer is asleep or off, only orders placed directly at the exchange provide protection. You comply with your exchange's terms and the laws that apply to you (e.g. restrictions on derivatives, taxes).

Trading for third parties: Managing other people's trading accounts (client feature) may require an official licence. Only use this feature if you have the necessary authorisations; the responsibility lies solely with you.

Liability: We are only liable for trading losses, lost profits and disruptions at exchanges in accordance with section 6 (in particular for intent and gross negligence).

Bulli & Bär

Service: The Bulli & Bär app for iPhone and Android shows, based on technical analysis, whether the situation of an asset points more towards long, short or wait – for selected crypto assets (against USDC) and stocks (in USD). The price data comes from publicly available sources and may be delayed or incorrect.

No investment advice: The indications are general technical analyses, not investment advice and not a recommendation to buy or sell. The app does not trade and does not connect to any account. Hit rates refer to past data and are stated with their sample size; they say nothing about the future.

Taler: Taler are play money (see C3). They never change a signal; there are no loot boxes.

Subscription: The premium subscription is taken out via Apple or Google; price and trial period as shown in the store (Part C).

My Lucky Charm

Service: My Lucky Charm is a lucky-charm and motivation app with reminders, goals, small rituals, a mini game, coins and an optional leaderboard. It serves entertainment and motivation; we promise neither luck nor success, and the app does not replace medical or psychological advice.

Premium and coins: Premium (subscription) and coin packages are purchased via Apple or Google (Part C). Random rewards (e.g. lucky draw, Lucky Day) never depend on purchased coins and cannot be bought. Purchased coins do not count towards the leaderboard.

Leaderboard and moderation: Participation in the leaderboard is voluntary and uses a nickname. Offensive or blocked nicknames are automatically replaced by a neutral name. We review reported entries; in the event of violations we may block nicknames and exclude participants from the leaderboard.

Kernwert

Service: Kernwert is an app for food-safety self-checks in restaurants and food retail: recording measurements (e.g. temperatures), documenting corrective actions for deviations, spotting gaps and creating an inspection folder. Team members join via a team QR code and make entries on a kitchen tablet or their own phone. Kernwert is in preparation; plans and prices will be stated in the app or in the quote on publication.

The business's responsibility: Kernwert is a documentation aid. The business remains responsible for food safety and a complete HACCP concept. Preset target values are guide values and can be adjusted; the business's own HACCP concept is authoritative. Kernwert does not measure anything itself and does not monitor equipment.

Team access: The business keeps the team code and kitchen tablet protected from unauthorised persons and renews the code if it has been passed on. Part E applies to team members' data.

E1. Subject matter: If businesses, institutions or companies (hereinafter "customers") enter personal data of third parties in ADMISSIO (if we host the installation or support it with access), Offerta, TAXOS, Klasso or Kernwert, we process this data on their behalf. The customers are the controllers. Part E constitutes the data processing agreement; on request we also conclude a separate agreement, which then takes precedence.

E2. Nature, purpose and duration: We process the data exclusively to provide the respective product (storing, displaying, transmitting, backing up, support) for the duration of the contract. The types of data and categories of data subjects are set out in the privacy policy, section 9.

E3. Instructions: We process the data only on documented instructions from the customer; the contract, the functions and the settings of the product are deemed instructions. If we consider an instruction unlawful, we will say so.

E4. Confidentiality: Persons at our company who have access to the data are bound to confidentiality.

E5. Security: We take appropriate technical and organisational measures pursuant to Art. 32 GDPR, in particular encrypted transmission (HTTPS), access control with roles, securely stored passwords, encrypted storage of access keys, backups and logging.

E6. Sub-processors: Customers authorise the use of the sub-processors named in the privacy policy (section 11), such as our hosting provider, our email service and – for the respective AI features – Anthropic. We inform customers in advance about new sub-processors; customers may object for good cause. We bind sub-processors contractually in the same way.

E7. Assistance: We support customers with requests from data subjects, data protection impact assessments and the notification of personal data breaches. We report personal data breaches without undue delay.

E8. Deletion and return: After the end of the contract, customers can obtain their data via the export functions or on request. We then delete the data unless there is a statutory retention obligation; backups are overwritten in the regular cycle.

E9. Evidence: We provide the information necessary to demonstrate compliance and allow audits after reasonable advance notice.

E10. Third countries: Data is only transferred to countries outside the EEA under the conditions of Art. 44 et seq. GDPR.

Part F – Information on the right of withdrawal for consumers

This information applies to consumers who conclude a contract with us via our website or one of our apps (distance contract). For purchases in the App Store or on Google Play, the rules of Apple or Google apply.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (AUTOMATA, owner Jan-Michael Waiser, BFA, BBA, Erdberger Lände, 1030 Wien, Austria, email: office@automata.at, phone: +43 676 531 7571) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

For contracts for digital content not supplied on a tangible medium (e.g. a licence key), the right of withdrawal expires once we have begun delivery after you have expressly consented to us beginning before the end of the withdrawal period, you have acknowledged that you thereby lose your right of withdrawal, and we have provided you with a confirmation (§ 18(1)(11) FAGG). For services, the right of withdrawal expires once we have fully performed the service after you have expressly requested that we begin before the end of the withdrawal period and have acknowledged that you lose your right of withdrawal once the contract has been fully performed (§ 18(1)(1) FAGG).

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To AUTOMATA, Erdberger Lände, 1030 Wien, Austria, email: office@automata.at

I/We (¹) hereby give notice that I/We (¹) withdraw from my/our (¹) contract for the supply of the following digital content (¹) / for the provision of the following service (¹)

Ordered on (¹) / received on (¹)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(¹) Delete as appropriate.