General Terms and Conditions
Section 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts between AKworkz, Jennifer Sakschewsky, Straße der Einheit 26a, 15834 Rangsdorf, Germany (hereinafter “AKworkz”), and its customers concerning the secondFactory platform and related services, in particular provision of the software, customizations, interfaces, implementation, training and support.
(2) The services are offered exclusively to entrepreneurs within the meaning of Section 14 BGB (German Civil Code), legal entities under public law and special funds under public law. No contracts are concluded with consumers.
(3) Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if AKworkz expressly agrees to their validity in text form.
(4) Individual agreements, in particular in the quote and the service description, take precedence over these GTC.
Section 2 Conclusion of contract
(1) The content of this website is non-binding and does not constitute an offer in the legal sense.
(2) A contract is concluded when the customer accepts a quote from AKworkz in text form or when AKworkz issues an order confirmation.
(3) In the event of contradictions, the following order of precedence applies: the quote, the service description, these GTC.
Section 3 Scope of services
(1) The type and scope of services – in particular modules, customizations, interfaces, operating model (e.g. on-premise or private cloud), project services and support – are set out in the quote and the service description.
(2) Descriptions on the website, in presentations and in documents are service descriptions, not guarantees. A guarantee only exists if it is expressly designated as such and agreed in text form. Information on possible time or efficiency gains is based on experience with suitable workflows and does not constitute an assured characteristic.
(3) AI-supported functions provide suggestions and drafts. Reviewing, approving and using them is the responsibility of the customer.
Section 4 Customer cooperation
(1) The customer provides the data, systems, access, contact persons, test cases and approvals required for the services in good time and free of charge.
(2) If the software is operated in the customer’s infrastructure, the customer is responsible for the system environment and for regular data backups in line with the state of the art.
(3) If the customer fails to fulfill cooperation obligations, or fails to do so in time or in full, agreed deadlines are extended appropriately. Any additional effort resulting from this may be charged at the agreed rates.
Section 5 Rights of use
(1) The customer receives a simple, non-transferable and non-sublicensable right to use the software to the agreed extent (e.g. modules, users, sites) and for the agreed term for its own business purposes.
(2) The same right of use applies to individual customizations unless otherwise agreed in the quote. All other rights to the software, documentation and customizations remain with AKworkz.
(3) The customer may not modify or decompile the software or make it accessible to third parties unless this is mandatorily permitted by law (Sections 69d, 69e UrhG, German Copyright Act) or contractually agreed.
(4) The data provided by the customer and generated with the software belong to the customer.
Section 6 Remuneration and payment
(1) The remuneration is set out in the quote. All prices are subject to statutory VAT.
(2) Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date. Recurring fees (e.g. for use or support) are invoiced in advance for the respective billing period.
(3) The customer may only offset claims that are undisputed or have been legally established.
Section 7 Acceptance
(1) Where services are provided as work performance (in particular individual customizations and interfaces), AKworkz notifies the customer of completion. The customer reviews the service within 14 days and declares acceptance if it essentially complies with the contract. Minor defects do not entitle the customer to refuse acceptance.
(2) The service is deemed accepted if the customer uses it productively or does not refuse acceptance within the review period by specifying at least one material defect.
Section 8 Support and availability
(1) The scope, service hours and response times of support are set out in the quote or a separate service level agreement (SLA).
(2) If no SLA has been agreed, support is provided on working days during normal business hours by email to info@akworkz.de, without assured response or recovery times.
(3) If AKworkz operates the software for the customer (e.g. in a private cloud), availability only applies to the extent expressly agreed in the quote or SLA.
Section 9 Claims for defects
(1) The customer reports defects without undue delay and in a comprehensible manner in text form, if possible with a description of the effects and the steps that lead to the defect.
(2) AKworkz remedies defects at its discretion by rectification, delivery of a new version or a reasonable workaround. If remedying the defect ultimately fails, the customer is entitled to the statutory rights of price reduction, withdrawal or termination.
(3) Errors caused by changes made by the customer or third parties, by improper use or by a system environment that was not agreed are not defects.
(4) Claims for defects become time-barred twelve months after delivery or acceptance. This does not apply in cases of intent, gross negligence, fraudulent concealment, injury to life, body or health, or claims under the German Product Liability Act.
Section 10 Liability
(1) AKworkz has unlimited liability for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.
(2) In cases of slight negligence, AKworkz is only liable for breach of a material contractual obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.
(3) If data backup is the customer’s responsibility under the contract, AKworkz is only liable for loss of data to the extent that would have been necessary for recovery with proper and regular data backups.
(4) These limitations of liability also apply in favor of the employees and vicarious agents of AKworkz.
Section 11 Confidentiality and data protection
(1) Both parties treat all confidential information that becomes known to them in the course of the cooperation, in particular trade and business secrets, drawings and customer data, as confidential – also beyond the end of the contract.
(2) Insofar as AKworkz processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.
Section 12 Term and termination
(1) The term and notice periods are set out in the quote. The right to extraordinary termination for good cause remains unaffected. Notices of termination must be given in text form.
(2) After the end of the contract, AKworkz provides the customer, upon request, with the customer’s data stored at AKworkz in a common, machine-readable format and then deletes it, unless statutory retention obligations apply.
Section 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of AKworkz.
(3) Amendments and additions to the contract must be made in text form.
(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.
As of: September 2026