01§ 1 Provider, scope and customer types
These General Terms and Conditions apply to contracts for AEGIS OS, associated cloud, support, setup and development services as well as other expressly included services from AEGIS-SECURITAS.
The offer is aimed both at consumers within the meaning of § 13 BGB and at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Before placing an order, the customer selects the appropriate customer type. Business customers also confirm that they are acting within the scope of their commercial or independent professional activity and are entitled to conclude a contract for the specified organization. For consumers, the mandatory statutory consumer protection regulations apply primarily.
Differing or supplementary terms and conditions of a business customer only apply if AEGIS-SECURITAS expressly agrees to their validity in text form. Individual agreements, service descriptions and offers take precedence over these General Terms and Conditions.
02§ 2 Subject of the contract and scope of services
AEGIS OS is a modular, internet-based work, organization and corporate platform. The range of functions owed results from the booked tariff, an individual service description, an offer or an expressly confirmed configuration.
Product descriptions, demonstrations, roadmaps, drafts and non-binding forecasts do not constitute a guarantee of quality. A certain economic, legal or organizational success is only owed if this has been expressly agreed.
AEGIS-SECURITAS may further develop functions, replace them with technical equivalents or adapt them to security, legal and platform requirements, provided that the agreed core benefit is not unreasonably impaired. Individual extensions, data migrations, integrations and consulting services may be subject to separate fees.
03§ 3 Conclusion of contract and authorization to represent
The presentation of services and tariffs is generally not a binding offer. By completing the ordering process or accepting an individual offer, the customer submits a binding contract offer. AEGIS-SECURITAS confirms receipt electronically. To the extent that a service is expressly subject to a manual company, contract, security or feasibility check, the payment confirmation does not constitute a technical release or promise of feasibility. In this case, the contract for the specific provision is only concluded through express acceptance, contract confirmation or release by AEGIS-SECURITAS.
For business customers, the customer ensures that the person placing the order is authorized to conclude the contract and manage the customer account. Consumers conclude the contract in their own name. In the event of legitimate doubts, AEGIS-SECURITAS may request suitable evidence and postpone activation until clarification. If a service that has already been paid for and not yet provided is finally rejected, the reversal will be carried out in accordance with the legal requirements and the circumstances of the individual case.
For individually set-up tariffs, cloud services, managed IT services and special requirements, productive use only begins after professional and technical approval. Information in the requirements dialog, a preliminary technical check or the inclusion of a special request do not constitute a promise of technical feasibility, an appointment or a free additional service.
04§ 3a Managed IT basis for 50 euros per month
The “Managed IT Basis” service costs EUR 50.00 net per billing month for business customers plus VAT. For consumers, the total price with a sales tax rate of 19 percent is 59.50 euros including sales tax per billing month. Included are a dedicated contact person, a documented monthly system status check and a total of 30 minutes of remote support per billing month. Unused minutes will not be carried over to subsequent months unless expressly agreed otherwise.
In particular, it does not include 24/7 or emergency readiness, guaranteed response or solution times, on-site operations and travel, hardware, software licenses, third-party fees, projects, migrations, data recovery, security incidents and support effort beyond the included 30 minutes. Such services will only be provided after a separate order and price confirmation in text form.
The acceptance, examination or initial classification of a request does not mean that the additional effort in question is included in the monthly price. Binding service levels only exist if they are expressly agreed in a separate contract or offer.
05§ 3b Cloud storage quotas and manual setup
Cloud services are booked with a fixed storage quota, for example 100 GB, 500 GB, 1 TB or 2 TB. The booked quota is a capacity limit and not a promise of unlimited storage. Once the quota is reached, further storage may be restricted up to an extension.
Payment and order confirmation do not result in automatic technical activation. The setup only takes place after checking the customer or work area data, technical requirements, security requirements and necessary contracts. An agreement on order processing is only included if AEGIS-SECURITAS processes personal data on behalf of a person responsible.
Cloud storage does not replace a standalone backup, archiving or retention strategy. Migration, data cleansing, versioning, long-term archiving, additional backups, recovery tests and individual interfaces are only due if they are expressly mentioned in the booked scope of services, offer or contract. A specific availability, data region or recovery time is only binding if expressly agreed.
06§ 3c Special requests, additional services and change requests
Special requests, deviations and extensions are not automatically part of a package price. AEGIS-SECURITAS first checks feasibility, dependencies, security and data protection consequences as well as the expected effort.
Implementation only begins after the scope of services, remuneration and, if applicable, effects on deadlines and existing systems have been offered in text form and confirmed by the customer. Silence, the storage of a request, a technical preliminary examination or preparatory communication do not constitute an assignment or a promise of free implementation.
If new requirements or unrecognizable technical dependencies arise during implementation, AEGIS-SECURITAS can request a separate change request and suspend the affected additional service until agreement is reached.
07§ 4 User accounts, roles and access security
Access is personal and may only be made available to authorized persons. The customer is responsible for the correct assignment, regular checking and timely revocation of roles and authorizations.
Credentials, recovery codes, API keys, and integration secrets must be appropriately protected. Security incidents, suspected compromises or unauthorized access must be reported to AEGIS-SECURITAS immediately.
Actions of an effectively authenticated account are attributed to the customer if the customer enables use or culpably failed to take the necessary protective measures.
08§ 5 Rights of use and permitted use
For the duration of the contract, the customer receives a simple, non-exclusive, non-transferable right to use AEGIS OS to the agreed extent for their own private, professional or business purposes. Sublicensing, resale, public availability, circumvention of tariff or access restrictions, and reverse engineering are permitted only to the extent strictly permitted by law.
In particular, unlawful content, malware, attacks on systems, automated mass reading, circumvention of technical protective measures, unauthorized monitoring and use to violate the rights of third parties are prohibited.
The customer may not use AEGIS OS for decisions or processes that require express official approval, special certification or legally required professional testing, unless such suitability has been confirmed in writing.
09§ 6 Customer data, responsibility and order processing
The customer retains all rights to his data and content. He grants AEGIS-SECURITAS the usage and processing rights necessary for provision, backup, support, error analysis and contractual further development.
The customer is responsible for the legality, quality, origin, storage and deletion of the data he processes. In particular, it ensures that necessary information obligations are met, legal bases are in place and special categories of personal data are only processed with appropriate authorization and configuration.
To the extent that AEGIS-SECURITAS processes personal data on behalf of a business customer or another person responsible for data protection, the contract processing agreement published under /avv applies as part of the contract. For purely private uses without order processing, the data protection declaration applies; an AVV is not automatically included for this.
10§ 7 AI functions and automated suggestions
AI functions support analysis, structuring, text drafts, recommendations and automation. Editions may be incomplete, out of date or incorrect. They do not replace legal, medical, tax, technical or safety-critical examinations.
The customer must check results before productive or external use. Decisions with legal or similarly significant impact must not be based solely on untested AI output.
The customer decides which data is released for AI functions. He may not enter any data that would not be permitted to be transmitted or processed by the configured AI function. AEGIS-SECURITAS may restrict AI functions for security, legal or quality reasons.
11§ 8 Integrations and services of third parties
Optionally connected services, such as payment, email, identity, calendar, cloud or communication providers, are also subject to the terms and conditions of the respective third-party provider. Availability, changes and decisions of these providers are beyond the direct influence of AEGIS-SECURITAS.
Customer is responsible for the selection, authorization, configuration, and lawful use of its Third Party Accounts. AEGIS-SECURITAS is not liable for disruptions, data changes or blockages caused solely by the third party provider or its configuration.
An integration is only considered available or implemented in the documented scope of functions. Catalog, preview or roadmap entries are not a guarantee of productive availability.
12§ 9 Prices, taxes and payment
The prices stated when ordering or in the individual offer apply. Prices to business customers are shown as net prices plus statutory sales tax, if applicable. The total price to be paid, including sales tax, is displayed to consumers before placing the paid order.
Recurring fees are due at the beginning of the respective billing period. The customer authorizes the payment service provider used to charge the deposited payment method on a recurring basis. Objections to billing must be reported within a reasonable period of time; legal rights remain unaffected.
In the event of late payment, AEGIS-SECURITAS may restrict access appropriately after prior notification. Offsetting and retention are only permitted with undisputed, legally established claims or claims arising from the same contractual relationship.
13§ 10 Term and termination
Unless otherwise agreed, monthly subscriptions run indefinitely and can be canceled effective at the end of the current billing period. Different minimum terms and notice periods result from the respective offer.
The statutory right of withdrawal of consumers remains unaffected by the ordinary termination. Details can be found in the cancellation policy. If a consumer expressly requests that a service be started before the cancellation period has expired, the legally stipulated consequences, in particular an appropriate compensation for services already provided, may occur.
Cancellation can be made via the subscription management, via the public cancellation page or in text form to [email protected]. Billing periods that have already begun will generally not be reimbursed on a pro-rata basis unless there are mandatory legal regulations or a different agreement.
The right to extraordinary termination for good cause remains unaffected.
14§ 11 Changes to services and contractual conditions
AEGIS-SECURITAS may adapt these conditions and non-essential service components to changed laws, security requirements, technical framework conditions or understandable operational needs.
Significant changes that are detrimental to the customer will be announced in text form with a reasonable lead time. If the change is unreasonable for the customer, he can terminate the affected contract extraordinarily until the change takes effect. Price changes for current subscriptions will not apply until the next renewal date at the earliest after prior notice.
15§ 12 Availability, maintenance and support
AEGIS-SECURITAS provides the services with the care agreed in the respective tariff or offer. A specific availability is only owed if it has been expressly agreed as a service level.
In particular, announced maintenance, necessary security measures, force majeure, disruptions to public networks, third-party failures and restrictions caused by the customer do not count as downtimes.
Response or solution times are only binding if they have been expressly agreed. Target times in interfaces or support forms do not represent a guarantee without a separate SLA.
16§ 13 Blocking and protective measures
AEGIS-SECURITAS may temporarily restrict access if there are concrete indications of misuse, security threats, legal violations, unauthorized access or significant late payment. The type, scope and duration of the measure are taken into account appropriately.
Where possible, the customer will be informed in advance and given the opportunity to remedy the situation. If there is an acute danger, the measure may be taken immediately. Legal and contractual claims remain unaffected.
17§ 14 Property rights, templates and feedback
AEGIS-SECURITAS and its licensors retain all rights to software, system architecture, interfaces, documentation, templates and general further developments. Customer-specific rights depend on the individual agreement.
General suggestions and feedback may be used free of charge to improve the services, provided that no confidential information or personal customer data is published.
18§ 15 Confidentiality
Both parties treat non-publicly known business, technical and organizational information of the other party as confidential. The information may only be used to execute the contract and may only be made accessible to those people who need it for this purpose and who are appropriately obliged to do so.
The obligation does not apply to information that is demonstrably publicly known, lawfully obtained from third parties, independently developed or required to be disclosed due to mandatory legal regulations.
19§ 16 Defect rights and liability
AEGIS-SECURITAS is liable without limitation in the event of intent, gross negligence, injury to life, body or health, fraudulent concealment of a defect, express guarantees and mandatory legal regulations.
In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the damage typically foreseeable at the time the contract was concluded. Furthermore, liability for slight negligence is excluded.
To the extent permitted by law, liability towards business customers in the event of slight negligence per contract year is limited to the net fees paid by the customer in the last twelve months for the contract in question. Limitations of liability towards consumers only apply to the extent permitted by law; Mandatory consumer rights remain unaffected. Liability for data loss is limited to the recovery effort that would have been incurred with appropriate data backup and use of available export and backup functions.
These limitations apply accordingly to employees, representatives and vicarious agents.
20§ 17 Exemption in the event of unlawful customer content
If the customer culpably violates the rights of third parties or legal obligations through content, data, instructions or configurations provided by him, he shall indemnify AEGIS-SECURITAS from legitimate third-party claims and any necessary reasonable legal defense costs. AEGIS-SECURITAS informs the customer immediately and coordinates essential defensive measures with him.
21§ 18 End of contract, export and deletion
After the contract ends, productive access will be terminated. The customer is responsible for backing up required data before the end of the contract using the export functions provided.
Unless there are legal retention obligations, open claims or different agreements, customer data will be deleted or anonymized after an appropriate transition and backup period has expired. Backed up copies are overwritten as part of regular backup cycles.
Additional migration, restoration or preparation may be subject to a fee based on effort.
22§ 19 Final provisions
The law of the Federal Republic of Germany 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 exclusive place of jurisdiction, to the extent permitted by law, is the registered office of AEGIS-SECURITAS. The statutory places of jurisdiction apply to consumers. AEGIS-SECURITAS remains entitled to sue at the customer's general place of jurisdiction.
Should a provision be or become ineffective, the effectiveness of the remaining provisions remains unaffected. Invalid regulations are replaced by statutory regulations.