Zur Information, maßgeblich ist die deutsche Fassung. For information only; the German version is binding. Deutsche Fassung

As of 30 October 2026

Feldmelder is offered by a sole proprietorship, Albert-Altwicker-Straße 31, 47445 Moers, Germany (the “provider”; owner and full details in the imprint).

§ 1 Scope

These terms apply to all contracts between the provider and its customers concerning Feldmelder. The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Deviating terms of the customer apply only if the provider expressly agrees to them in text form.

§ 2 Services

The provider performs the services described in the respective offer, in particular:

• access to the Feldmelder Cloud portal for monitoring tracker plants, with alarms, evaluations, data export and the remote commands named in the offer;
• pilot projects with the Feldmelder Box and portal in an agreed scope;
• programmed control modules and adaptations under a separate offer.

The service description in the offer is binding. Descriptions on the website describe the current state of the software and are not a guarantee of quality.

§ 3 Conclusion of the contract

The contract is concluded when the customer accepts an offer of the provider in text form. Requests via the website are not yet an offer.

§ 4 Availability and maintenance

The provider operates the portal with the care of a prudent businessperson. A specific availability is owed only if it is expressly agreed in the offer. The portal may be temporarily unavailable for maintenance; the provider announces plannable maintenance windows in advance. The control of the trackers by the Feldmelder Box continues without a connection to the portal.

§ 5 Customer’s obligations to cooperate

The customer provides the information and access required for the service, in particular the plant geometry, power supply and network connection of the box and contacts for alarms. The customer keeps access credentials secret, grants rights only to authorised persons and informs the provider without delay of any faults or misuse detected.

§ 6 Prices and payment

The prices of the offer apply plus statutory VAT. Invoices are payable within 14 days of receipt without deduction, unless the offer provides otherwise.

§ 7 Term and termination

The term follows from the offer. After the agreed term the contract is extended by one month at a time and can be terminated with one month’s notice to the end of a month, unless the offer provides otherwise. The right to terminate for good cause remains unaffected. Notices of termination must be given in text form.

§ 8 Rights of use

Software, firmware and documentation remain the property of the provider. For the term of the contract the customer receives a simple, non-transferable right to use them for the agreed purpose. Modification, decompilation or reverse engineering is not permitted unless mandatorily allowed under §§ 69d, 69e of the German Copyright Act (UrhG). The data of the customer’s plants remain the customer’s data; the customer can retrieve them at any time via export and the interface.

§ 9 Warranty

The provider remedies defects in the service within a reasonable period. The customer reports defects in text form with a comprehensible description. Otherwise the statutory provisions apply; the warranty period for goods is one year from delivery, to the extent permitted by law.

§ 10 Liability

The provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given. For slightly negligent breaches of an essential contractual obligation (an obligation whose fulfilment makes the performance of the contract possible in the first place and on whose observance the customer may rely), liability is limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.

The Feldmelder Box performs safety functions such as the wind stow locally. It does not replace the protective devices provided by the plant manufacturer. The operator remains responsible for the safe operation of the plant, in particular for its design, maintenance and compliance with the manufacturer’s specifications.

§ 11 Data protection and processing on behalf

Where the provider processes personal data on behalf of the customer, the data processing agreement applies. Otherwise the privacy policy applies.

§ 12 Confidentiality

Both parties treat confidential information of the other party received in connection with the contract as confidential and use it only for the purpose of the contract. This obligation continues for three years after the end of the contract; it does not apply to information that is publicly known or was already lawfully available to the receiving party.

§ 13 Changes to these terms

The provider announces changes to these terms in text form at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted; the provider points out this consequence in the notice. If the customer objects, either party may terminate the contract as of the date the changes take effect.

§ 14 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 is, to the extent legally permissible, the provider’s registered place of business. Should a provision be invalid, the remainder of the contract remains valid; the statutory provision takes the place of the invalid one.