Terms and Conditions (AGB)
Convenience translation: This English version is provided for information only — the German version is the legally binding one. Purchases are processed by Polar (Merchant of Record) — Polar's buyer terms additionally apply at checkout.
General terms and conditions for the provision of the "BrauMo" software under a subscription. They apply to contracts between the provider (see § 11) and the customer.
§ 1 Scope
These terms apply to all contracts for the provision of the BrauMo software as a self-hosted application for a recurring fee. They are directed primarily at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Deviating terms of the customer apply only if the provider agrees to them in writing.
§ 2 Conclusion of contract
The presentation of the software does not constitute a binding offer. The contract is concluded upon the provider's order confirmation or upon provision of the license key/download.
§ 3 Subject of performance
The provider makes the software available to the customer for use on the customer's own infrastructure (on-premises). It is not a cloud service; no particular level of availability is owed. Scope and usage rights are governed by the license terms (EULA), which apply in addition.
§ 4 Prices and payment
The prices stated at the time of ordering apply, plus any statutory VAT. The sale is processed via the payment provider Polar (Merchant of Record), which calculates and states applicable taxes at checkout. The fee is due in advance for the respective billing period.
§ 5 Term and termination
The subscription runs for the selected period and renews automatically until terminated with effect from the end of the current billing period. If the subscription expires, the software may become limited or read-only; the customer's locally stored data remains in place and is not deleted by the provider.
§ 6 License and usage rights
The customer receives a simple, non-transferable right to use the software for their own brewery business for the duration of a valid subscription. One license covers one production site unless agreed otherwise in writing. The license terms (EULA) apply.
§ 7 Updates and support
Updates and support are provided as available within an active subscription. Because the software runs on the customer's infrastructure, the provider owes no availability and no suitability for a particular workflow.
§ 8 Warranty and liability
The software is provided "as is" to the extent legally permissible. The HACCP guide, process references and calculators are for orientation only and do not replace certified food-law, engineering or legal advice. For indirect damage, consequential damage, lost profit or loss of data the provider is liable only in cases of intent or gross negligence. Liability for the breach of essential contractual obligations, for damage resulting from injury to life, body or health, and under the German Product Liability Act remains unaffected.
§ 9 Data protection
The software is self-hosted; the customer's data remains on the customer's computer. Details are set out in the Privacy Policy.
§ 10 No right of withdrawal (B2B)
The software is provided exclusively to entrepreneurs within the meaning of § 14 BGB. Entrepreneurs have no statutory right of withdrawal.
§ 11 Provider, governing law and venue
The provider of the software is:
Jhael TabriziSole proprietorship (Einzelunternehmen) · BrauMo
Knaackstr. 68
10435 Berlin, Germany
Email: hello@braumo.com
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider's registered seat. Should individual provisions be invalid, the remainder of the contract remains effective.