Introduction
Welcome to auroraNet. These Terms of Use (hereinafter the “Terms”) govern your access to and use of auroraNet.
By creating an account or using the service, you agree to these Terms and enter into a legally binding agreement with us.
Please read these Terms carefully before using auroraNet.
These Terms apply worldwide to all users of auroraNet, regardless of whether they act as private individuals (consumers)
or in the course of their commercial or professional activity (business users).
If you do not agree to these Terms, you must not use the service.
We reserve the right to update or amend these Terms as needed. Such changes are addressed in the section
Amendments to the Terms of Use.
Definitions
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Service: The software-as-a-service platform auroraNet, including all related websites, applications,
features, and services provided by us as the operator.
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Provider (or “we”/”us”): auroraNet Enterprises UG (haftungsbeschränkt), Dobrachstr. 16,
95326 Kulmbach, Germany – [email protected].
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User (or “Customer”): Any natural person or legal entity that uses or accesses the auroraNet service,
including both administrators and standard users of the service.
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Administrator: A user with extended rights within auroraNet who is authorized to manage settings,
create or remove user accounts, and, for business customers, to manage the use of the service within the customer’s
organization. An administrator may, for example, be the account owner or a person designated by the customer.
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Standard user: A user of the service without administrator rights who is typically invited or authorized
by an administrator to use auroraNet under the customer account.
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Consumer: Any natural person who enters into the contract for the use of auroraNet for purposes that
predominantly cannot be attributed to their commercial or self-employed professional activity (within the meaning of
Section 13 of the German Civil Code (BGB)).
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Business user: A natural or legal person or a partnership with legal capacity that, when concluding a
contract for the use of auroraNet, acts in the exercise of its commercial or self-employed professional activity
(within the meaning of Section 14 of the German Civil Code (BGB)).
Scope of the Service
auroraNet provides a variety of cloud-based functions and modules that offer both private users and businesses efficient
tools for data management, collaboration, and analytics. The specific scope of functions may vary depending on the selected
plan (free or paid version, see section Payment Terms and Plans). The main functions of auroraNet include,
among others:
- Forms & Lists – Module for creating and managing forms and lists that can map and automate business processes and ERP workflows.
- Knowledge Base – Central knowledge platform for documenting, storing, and sharing knowledge, FAQs, and instructions within a team or company.
- Document Archive – Integrated document management system for secure filing, management, and archiving of digital documents and files.
- Cloud Storage – Online storage for files and data in the cloud, with features to synchronize, share, and back up content.
- Event Streaming – Event-driven automation functions allowing reactions to certain events in the system with custom code or workflows (e.g., triggers, webhooks, or scripting).
- Analytics & BI – Analytics and business intelligence tools for evaluation, visualization, and reporting based on data stored in the service, enabling the identification of KPIs and trends.
- AI Integration – Integrated artificial intelligence (AI) functions enabling intelligent processing and analysis of user data (e.g., automated evaluations, forecasts, or support via AI-based assistants).
auroraNet is continuously developed. The Provider reserves the right, at its discretion, to expand, modify, or remove
individual functions in order to improve the service or adapt it to technical or market developments. In the event of
material changes that significantly impair the usability of the service, we will inform you in good time.
User Accounts and Registration
To use auroraNet to its full extent, you must create a user account. When registering, you must provide truthful,
accurate, current, and complete information about yourself and, where applicable, your company. In principle, each user
may create only one account unless the Provider expressly permits multiple accounts. You must be at least 18 years of age
to register your own account. If you are under 18, registration and use are permitted only with the consent of a parent
or legal guardian. The Provider is entitled to request suitable proof of age or consent.
If you create an account on behalf of a company or organization, you represent that you are authorized to bind such
company or organization to these Terms. In such case, the term “User” or “Customer” in these Terms refers both to you
as the individual acting and to the represented organization.
Administrator Accounts
For business customers or team users, at least one administrator account is typically set up. The administrator has
special rights, for example, to invite additional users, manage rights and roles within the auroraNet account, and make
service settings for all users of the customer account. Standard users within a customer account gain access to the
service through invitation or activation by the administrator and have only the permissions assigned to them.
You are solely responsible for the security of your account. In particular, you are responsible for choosing a secure
password and keeping it confidential. Access data (usernames, passwords, API keys, etc.) must not be disclosed to
unauthorized third parties. You must ensure that no unauthorized third party gains access to your account. In the event
of loss, theft, or unauthorized use of your access data, you are obliged to inform us without undue delay. We recommend
using two-factor authentication for additional protection of your account. The user is responsible for all activities
carried out under their access data. If the Provider detects indications of unauthorized access, we reserve the right to
temporarily suspend the relevant account in order to prevent damage, and we will contact the affected user without undue
delay.
Administrators are responsible for granting access to the auroraNet account of their company only to authorized persons
and for managing user permissions appropriately. The customer (or the administrator acting as its representative) shall
ensure that all authorized users comply with these Terms and applicable obligations. If an employee or user leaves the
company or should no longer be authorized to use auroraNet, the administrator must promptly remove or suspend that user’s
access. The customer is responsible for keeping the user list up to date and removing access that is no longer needed.
User Obligations (Rules of Conduct)
In the interest of all users and to ensure proper and secure operation of auroraNet, you agree to use the service only in
accordance with applicable law and these Terms. In particular, the following actions are prohibited (non-exhaustive list):
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Unlawful content/activities: You must not use auroraNet for unlawful purposes. It is prohibited to
upload, store, or distribute content that violates applicable law or infringes third-party rights (including copyright,
trademark, data protection, and personality rights). You must refrain from any use of the service that is insulting,
defamatory, discriminatory, extremist, glorifies violence, or otherwise unlawful.
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Malware and circumvention of security: It is strictly prohibited to upload, distribute, or execute
viruses, worms, Trojans, malware, or other harmful code via auroraNet. It is also prohibited to circumvent or attempt
to circumvent security mechanisms, access restrictions, or usage restrictions of the service (e.g., by hacking, source
code manipulation, or exploiting vulnerabilities).
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Unauthorized testing/overloading: You must not perform penetration tests, stress tests, or automated
queries (e.g., through scripts or bots) against our infrastructure unless you have obtained our prior express written
consent. Activities intended to impair the stability, security, or availability of the service (e.g., denial-of-service
attacks, mass requests) are prohibited.
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Spam and abusive use: You must refrain from any form of spam, phishing, fraud, or other misuse of the
service. You must not use the service to send unsolicited bulk emails, advertising messages, or similar nuisances. You
must also not contact other users without authorization or collect other users’ data for advertising purposes.
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Identity and access rights: You must not misrepresent your identity or impersonate another person or
company. Use only the access assigned to you and do not attempt to gain unauthorized access to areas or data of the
service that are not intended for you.
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Compliance with export and sanctions regulations: You are obliged to comply with all applicable export
control laws, trade restrictions, and sanctions. In particular, you must not use the service in countries or provide it
to users subject to sanctions, and you must not use the service for purposes that violate such regulations. In the event
of a breach of export or sanctions rules, the Provider is entitled to suspend or terminate your account without notice.
Violations of the above conduct obligations may result in immediate suspension or termination of your account (see section
Term and Termination) and may also lead to civil and criminal consequences. The user undertakes to indemnify
and hold the Provider harmless from all damages and third-party claims arising from a breach of the above obligations for
which the user is responsible.
Payment Terms and Plans
Pricing Models
auroraNet is offered under a freemium model. There is a free basic version and two paid upgrade packages to which a user
may switch as needed. The current packages, their features, and the prices are described on the auroraNet website (or
indicated in the order process). Unless stated otherwise, all prices are exclusive of any applicable taxes and duties
(e.g., VAT).
Free Plan (“Free”)
Basic use of auroraNet is free of charge. The Free plan provides access to basic service functions, but scope and
capacities may be limited (e.g., with regard to storage space, number of users, or feature set). The Provider reserves
the right to make certain features available only to paying customers. The Provider may discontinue the free version at
any time with reasonable notice or transition it to a different pricing model. In such case, we will inform you in good
time.
Paid Plans
In addition to the Free plan, auroraNet offers two premium plans (Core tier and Pro tier) with extended functionality and
higher usage quotas. Users may upgrade to a paid plan at any time to gain access to additional features. The selected
premium plan will be activated after completion of the order process and receipt of payment.
Billing and Payment Modalities
Paid plans are offered on a subscription basis. Billing periods and terms may be monthly or yearly, depending on the
selection (where available in the order process). The subscription fee is due in advance for the selected period. Charges
are automatically collected at the beginning of each new billing period using the payment method chosen by the user.
Common payment methods such as credit card or direct debit are accepted (details on the order page). The user authorizes
the Provider to collect the due amounts using the specified payment method. The user is responsible for maintaining a
valid payment method with sufficient funds and keeping payment details up to date.
Automatic Renewal
Unless the paid subscription is terminated in due time (see Term and Termination), it will automatically
renew for the same period (monthly or yearly) on the then-applicable terms.
Upgrade and Downgrade
An upgrade from the free version to a premium plan or from a lower to a higher plan is possible at any time. Any amounts
already paid will be credited on a pro rata basis (e.g., if an immediate upgrade occurs mid-billing period, pro rata
billing may apply as stated in the order process).
A downgrade (switch from a paid plan to a cheaper plan or back to the free version) takes effect at the end of the
current billing period, provided you request the downgrade in your account settings at least 15 days before the end of
the period. Please note that in the event of a downgrade, features or data (exceeding the quotas of the lower plan) may no
longer be available. You may need to export or delete data before downgrading to stay within the limits of the new plan.
Non-Payment and Default
If a due payment cannot be collected (e.g., because a card has expired or has insufficient funds, due to chargeback,
returned direct debit, or objection), you will be requested to make the payment within a reasonable period and or provide
an updated payment method. In the event of default or repeated failed payment attempts, we reserve the right to suspend
services temporarily or to downgrade the affected account to the Free plan. If the default continues for more than 30 days
despite a reminder, we are entitled to terminate the contract for cause with immediate effect and close the account. Any
prepaid periods will be forfeited in such case unless there is a statutory claim for reimbursement.
Price Changes
The Provider may change the prices of paid plans in the future. Such price changes will be communicated to you in good
time in advance (e.g., at least 30 days before they take effect) in text form, either by email to the address stored in
the account or via a notification within the service. We will inform you of the new prices and the effective date.
Right to object: If you do not agree to a price change, you may object up to the effective date by
terminating your subscription at the end of the current term. If you do not do so and continue using the service after
the price change takes effect, this will be deemed acceptance of the price change. We will specifically highlight the
significance of your conduct in the notification. Price changes do not affect subscription periods already paid in
advance, which will be performed until the end of the term under the originally agreed conditions.
Right of Withdrawal for Consumers
If you are a consumer residing in the EU and enter into a paid subscription (upgrade) via means of distance communication,
you generally have a statutory right of withdrawal of 14 days from the conclusion of the contract. Within this period,
you may withdraw from the contract without stating reasons. To exercise the right of withdrawal, you must inform us of
your decision to withdraw by an unequivocal statement (e.g., by email). To meet the deadline, it is sufficient to send
the notice of exercising the right of withdrawal before the end of the 14-day period.
Exception: If you expressly requested that we begin performance of the service (i.e., provision of the
premium plan) during the withdrawal period and you were informed that this would cause your right of withdrawal to expire,
then the right of withdrawal expires prematurely upon commencement of performance. This means that if, for example, you
receive access to premium features immediately after the upgrade and consented to activation before the expiry of 14 days,
you can no longer withdraw from the contract. In the event of an effective withdrawal, we will refund all payments received
within 14 days of receipt of your withdrawal and will downgrade or suspend your access to the paid service accordingly.
Refunds
Apart from the above right of withdrawal (for consumers), fees already paid are generally non-refundable unless the
Provider is legally required to refund or has expressly agreed to do so. As a rule, there is no pro rata refund in the
event of early termination of an ongoing billing period.
Term and Termination
Term
This agreement continues for an indefinite period as long as you maintain an auroraNet account or use the service. In the
case of free use, the contractual relationship begins upon provision of the account and continues for an indefinite period
until terminated by either party. For paid subscriptions, the minimum term corresponds to the selected billing period
(e.g., monthly or yearly). The subscription renews automatically for the same term unless terminated in due time (see
Automatic Renewal under Payment Terms).
Termination by the User
You may terminate your free account at any time without stating reasons by using the account deletion function in your
account settings or by sending us a notice in text form. For paid subscriptions, you may terminate at any time effective
at the end of the current term (premium features remain available until the end of the period already paid, after which
the account is downgraded to the Free plan or deactivated, depending on your choice). To meet the notice period for
subscriptions with automatic renewal, your termination must be received by us no later than 15 days before the end of the
current billing period. You can usually terminate the subscription in your account settings or by notifying us in text
form (email is sufficient). After effective termination, you will receive a confirmation and your account will be switched
to the Free version or closed at the end of the term.
Termination and Suspension by the Provider
The Provider is entitled to terminate the contractual relationship for cause without observing a notice period or to
temporarily suspend your account. Cause exists in particular if you breach material obligations under these Terms (e.g.,
serious or repeated violations of user obligations or payment default despite reminder) or if continuation of the contract
is unreasonable for us. As a rule, the Provider will issue a warning before extraordinary termination and grant a
reasonable period to remedy the breach unless the breach is so severe that immediate termination is justified. In the
event of justified termination by us with immediate effect, the user has no claim to a refund of fees already paid for the
current period, and access to the service will be blocked immediately.
Notwithstanding the above, the Provider may terminate free user accounts at any time at its discretion with 14 days’
notice (e.g., by notification to the email address stored), for example if the service is discontinued or there is a long
period of inactivity. Furthermore, we reserve the right to delete inactive free accounts (i.e., if there has been no login
or use for a very long period) after prior notice in order to conserve resources. In such case, we would notify you in
advance by email and provide an opportunity to reactivate the account or secure data.
Effects of Termination
If your account is terminated or otherwise closed, you will lose access to the service and all content and data stored
therein. We therefore strongly recommend that you back up (export) your important data in good time before termination
takes effect. Upon request and insofar as technically feasible, we may grant you access for data backup within a short
window after the end of the contract. However, there is no entitlement to such access. After termination, we will delete
or anonymize personal data stored in your account unless statutory retention obligations or our legitimate interests
(e.g., preservation of evidence) require otherwise. We will provide your user data (content) to you or delete it at your
request. We have no right of retention in respect of data you have provided unless there is a statutory basis.
Data Protection and Data Security
Protecting your data is our highest priority. We treat your personal data confidentially and in accordance with applicable
data protection laws. auroraNet is operated in compliance with applicable data protection regulations, including the
European General Data Protection Regulation (GDPR) and comparable data protection laws in other jurisdictions (e.g., the
California Consumer Privacy Act, where applicable). For details on the collection, processing, and use of personal data,
please refer to auroraNet’s privacy policy (if available separately). Below is an overview of the most important data
protection principles in connection with auroraNet:
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Purpose limitation and consent: We collect and process personal data of users only insofar as this is
necessary to provide the service, you have given your consent, or another legal basis applies. By using auroraNet, you
consent to our processing of your registration data (e.g., name, email address) and the content and data entered or
stored while using the service for the purpose of performing the contract. We use this data to provide the service
functions, offer support, improve the service, and enable use in accordance with these Terms. Any use for additional
purposes (e.g., advertising) will occur only if you have separately consented or we are legally permitted to do so.
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Processing on behalf and international data transfers: If you use auroraNet as a business user and
upload personal data of third parties (e.g., employees, customers, or other data subjects) into the service, you are the
controller under data protection law. In such case, we act as a processor pursuant to Article 28 GDPR and process the
data only on your behalf and in accordance with your instructions. The conclusion of a data processing agreement (DPA)
may be required and will be made available by us upon request. Among other things, it lists the technical and
organizational measures (TOMs) and sub-processors used. We will not use personal data processed on behalf for our own
purposes and will not disclose it to third parties without authorization. As controller, you must ensure that you have
the necessary legal bases for processing the personal data uploaded to auroraNet (e.g., consents or legitimate
interests) and that you do not upload sensitive data or special categories of personal data unless this is strictly
necessary and agreed with us.
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Transfers to third countries: Depending on the technical setup and selected service providers, auroraNet
may store and process data in data centers in various countries. If personal data is transferred from the European
Economic Area (EEA) to a country outside the EEA that does not provide an adequate level of protection, we will ensure
appropriate safeguards to protect your personal data, for example by entering into EU Standard Contractual Clauses with
the recipient or comparable legal instruments. You consent to such transfers insofar as they are necessary for the
provision of the service.
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Use of subcontractors: The Provider is entitled to engage authorized sub-processors (e.g., hosting
providers, cloud infrastructure providers, email services, analytics services, AI third-party providers) to provide
services on our behalf to the extent necessary to operate and improve auroraNet. We carefully select such providers and
contractually obligate them to an adequate level of data protection. A current list of material sub-processors is
available at [[PLACEHOLDER: URL/location of sub-processor list or annex designation]]. If the Provider intends to add
further subcontractors or replace existing ones, it will, where legally required, inform the customer and, where
applicable, provide an opportunity to object.
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Data security: We have implemented extensive technical and organizational security measures to protect
your data against loss, misuse, and unauthorized access. These include, among others, encryption technologies (such as
TLS for data transmission), regular backups of stored data, access restrictions based on a need-to-know principle,
security updates and reviews, and employee training in data protection. Please note, however, that no internet
transmission or storage solution is 100% secure. The Provider therefore cannot guarantee absolute security of your data.
You are responsible for additionally backing up important data on your own (local copies/backups), especially where such
data is of high value to you.
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Notification of security incidents: In the unlikely event of a personal data breach (e.g., unauthorized
access to personal customer data by third parties or data loss), we will inform affected customers without undue delay
and within 72 hours after becoming aware of the incident, to the extent details are available to us. We will take all
necessary measures to contain the incident and minimize potential consequences and, where required, notify the competent
supervisory authorities pursuant to Article 33 GDPR.
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Rights of data subjects: As a data subject (e.g., as a registered user), you have various rights,
including the right of access to your personal data processed by us, the right to rectification of inaccurate data,
erasure (subject to the conditions), restriction of processing, data portability, and objection to certain processing
activities. To exercise these rights, you may contact us at any time (see the contact details in the imprint/privacy
policy). If you process third-party content in auroraNet as controller, you are obliged to respond to requests from such
data subjects, and we will support you within the scope permitted by law.
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USA/California: We do not sell users’ personal data to third parties. Where we fall under the scope of
the California Consumer Privacy Act (CCPA), consumers residing in California have the right to obtain information about
personal data collected by us and to request deletion of their data. We will not discriminate against users who exercise
their rights. Requests may be directed to us (see the contact in the privacy policy). We also comply with applicable data
protection laws at federal and state level in the USA insofar as they apply to our service.
Further information can be found in our privacy policy. There is no data protection officer. The contact for data
protection inquiries is our customer service.
Intellectual Property and Usage Rights
Ownership of the Service
auroraNet and all content and materials provided therein (excluding user-generated content) are the intellectual property
of the Provider and or its licensors and are protected by copyright, trademark, and other laws. This includes in
particular the software code, design, layout, and all trademarks, logos, and identifiers of auroraNet. The Provider grants
you, for the duration of the contract, a simple (non-exclusive), non-transferable, revocable right to access and use the
service within the agreed scope for your own internal purposes. This right of use is subject to compliance with these
Terms. In particular, it is not permitted to use the service beyond the contractually agreed scope, to sell, rent, or
sublicense the service to third parties, or to modify, decompile, or reverse engineer the software unless expressly
permitted by mandatory law.
User Content and Rights
All data, information, texts, files, photos, graphics, or other materials that you as a user enter into auroraNet,
upload, or otherwise make accessible via the service (“Content”) remain your property or the property of the respective
rights holder. auroraNet does not claim ownership of your Content. However, for the term of the contract, you grant the
Provider the necessary rights to your Content so that we can provide the service as agreed. This includes in particular
the right to technically reproduce the data you provide (e.g., to store and back it up), to transmit it, to process it
(e.g., where adjustments or format conversions are necessary for display in the user interface), and to make it available
to your authorized users and or recipients. This grant of rights is strictly purpose-bound to the provision and
improvement of auroraNet and does not include any further exploitation of your Content by us for other purposes.
You may request export or deletion of your Content stored in auroraNet at any time, in particular after termination of
the contract. The Provider has no right of retention with respect to your data, subject to statutory retention
obligations. After the contract ends, we will delete your Content in full upon your request to the extent technically
possible and provided no statutory obligations prevent deletion. It is your responsibility to export any Content you
still require before the contract ends (see section Term and Termination).
Responsibility for Content
You are responsible for ensuring that Content you enter into auroraNet does not infringe third-party rights and does not
violate applicable law. This includes in particular copyright, data protection rights, trade secrets, and personality
rights. Do not upload confidential or protected information unless you are authorized to do so. The Provider does not
generally review user-generated Content in advance and assumes no responsibility for its accuracy, appropriateness, or
legality. If third parties assert claims due to unlawful Content uploaded by you, you undertake to indemnify and hold the
Provider harmless from all such third-party claims and to reimburse all reasonable costs arising from an infringement of
third-party rights through your Content (including reasonable legal enforcement costs), provided you are at fault.
Use of Anonymized Data
The Provider is entitled to collect and analyze anonymized or aggregated usage data in order to improve the service,
develop new functions, and gain statistical insights into the use of auroraNet. Such data no longer contains personal
information and does not allow conclusions to be drawn about individual users. The Provider may use such anonymized data
without time limitation, including beyond the end of the contract, and may use or publish it at its discretion (e.g., in
the form of usage statistics or performance metrics).
Feedback
We welcome feedback, suggestions for improvement, or bug reports from users. If you provide the Provider with feedback,
ideas, or suggestions in connection with auroraNet (whether directly, by email, via support, or otherwise), you thereby
grant us a free of charge, perpetual, irrevocable, sublicensable right to use such feedback and the ideas contained
therein for any purpose, to reproduce it, and to exploit it commercially or non-commercially. This includes the right to
integrate feedback into our services or to make it publicly known without any remuneration being owed to you. Of course,
we will not disclose any confidential information from you in this process. Moral rights (where applicable) remain
unaffected.
Third-Party Content and Open Source
To the extent auroraNet contains third-party content or open-source components, separate license terms may apply. We will
point out such licenses in the service or documentation where required. Such components are provided to the user “as is”
to the extent permitted by law, without any separate warranty by us for characteristics of such third-party components.
The Provider will, however, endeavor to implement security updates for integrated open-source components in a timely
manner and or remedy known vulnerabilities.
Warranty and Availability
auroraNet is provided to the user in its existing condition (“as is”). The Provider does not owe any specific features of
the service unless they are set out in these Terms or expressly warranted as part of the contract. Functions, data, and
results achieved with auroraNet may depend on the specific use case. Subject to the provisions below for consumers, the
Provider does not warrant that the service will meet all user requirements, be available without interruption, always
operate error-free, or that no data loss will occur. The user therefore uses auroraNet at its own risk insofar as
suitability for the user’s purposes is concerned.
The Provider will nevertheless use best efforts to provide a secure and reliable service. Planned maintenance will, where
possible, be performed at times of low usage and announced in advance. In the event of unplanned interruptions (e.g., due
to technical faults, force majeure, cyberattacks, or other unforeseeable events), we will endeavor to remedy them as
quickly as possible. However, the user has no claim to a specific availability of the service unless this has been
expressly agreed in a separate service level agreement (SLA). Short interruptions or restrictions necessary to perform
maintenance or updates do not constitute a breach of contract.
Changes to the Service
The Provider reserves the right to make changes to the service at any time, including updates, upgrades, introduction of
new functions, or discontinuation of existing functions. Such changes may be necessary to adapt the service to new
technical or legal requirements, increase security, or improve the user experience. As a rule, changes have a positive or
neutral effect on usability. If, exceptionally, material negative effects on the user’s use options occur (e.g.,
discontinuation of an important feature without equivalent replacement), we will inform the user in advance where
possible. If continuation of the contract would become unreasonable for the user as a result, the user has a right to
terminate for cause.
Warranty Toward Consumers
If you are a consumer, we comply with statutory warranty obligations. This means in particular that we provide a service
that corresponds to the characteristics described in these Terms and statutory provisions. If auroraNet is inconsistent
with these commitments or has a more than insignificant lack of conformity, consumers have a right, within the statutory
framework, to subsequent performance (i.e., remedy of defects or replacement), and, if statutory requirements are met, to
reduction of price, withdrawal, or damages. None of the provisions in these Terms shall limit mandatory consumer rights.
In case of doubt, statutory provisions shall prevail in favor of the consumer. In particular, rights under the EU
Directive on digital content remain unaffected. Please note that certain performance limitations in the free version
(e.g., limits on storage space or features) are not defects but constitute intended characteristics of the Free plan.
Disclaimer of Warranty Toward Business Users
If you use auroraNet as a business user, the provisions of Sections 536 et seq. BGB on lease apply with the following
modification: For business users, we provide no warranty in the statutory sense for the service, subject to any express
separate agreements. In particular, any implied guarantees or assurances regarding quality, performance, merchantability,
or fitness of auroraNet for a particular purpose are excluded to the extent permitted by law. Information about auroraNet
(e.g., in product descriptions, on the website, or in marketing materials) serves, unless expressly marked as binding, for
description only and does not constitute a guarantee or assurance. The Provider does not guarantee that the service will
be free from interruptions or errors, but we endeavor to remedy significant defects promptly once we become aware of them.
Business users must report apparent defects without undue delay in order to preserve warranty claims (Section 377 of the
German Commercial Code (HGB) applies accordingly for merchants).
Limitation of Liability
Unlimited Liability
The Provider (including its legal representatives and vicarious agents) is liable without limitation in cases of intent
or gross negligence, as well as for personal injury (injury to life, body, or health) and under mandatory statutory
provisions, in particular under the German Product Liability Act. Any assumption of an express guarantee or fraudulent
concealment of a defect also results in unlimited liability within the statutory framework.
Limited Liability
In cases of slight negligence, the Provider is liable, other than in the above cases of unlimited liability, only for
breach of a material contractual obligation (cardinal obligation). Material contractual obligations are those whose
fulfillment makes proper performance of the contract possible in the first place and on whose compliance the user may
regularly rely. In such case (slight negligence in breach of a cardinal obligation), the Provider’s liability is limited
in amount to the typical, foreseeable damage.
Exclusion of Liability
In all other cases than those set out above, the Provider is not liable for simple negligence. To the extent permitted by
law, liability for consequential and indirect damages is excluded. In particular, the Provider is not liable for lost
profit, loss of revenue, business interruption, loss of data (e.g., if the user failed to take appropriate backups), or
indirect consequential losses and costs arising from the use of auroraNet or from the inability to use it.
Overall Liability Cap
To the extent our liability is excluded or limited, this also applies to the personal liability of our corporate bodies,
employees, and vicarious agents. If we are nevertheless liable, our total liability, other than in cases of unlimited
liability (see above: intent, gross negligence, personal injury, product liability, etc.), is limited to the amount of
fees paid by you as a user to us in the last twelve (12) months prior to the event giving rise to the claim. If you made
no payments during this period (e.g., exclusive use of the free service), liability in the aforementioned cases is limited
to € 0, which in practice is equivalent to an exclusion of liability, unless one of the above cases of unlimited liability
applies.
The above limitations of liability do not affect mandatory statutory liability provisions. In particular, liability under
an express guarantee assumed by us and liability under the German Product Liability Act remain unaffected. Likewise, in
relation to consumers, statutory provisions on damages in consumer transactions remain unaffected insofar as they cannot
be waived.
Note: The user is obliged, to the extent reasonable, to mitigate damages. In particular, the user must
create backup copies of their data at regular intervals and cooperate appropriately in the event of recognizable
malfunctions in order to avoid or reduce damages. If the user fails to do so, this may be taken into account as
contributory negligence (Section 254 BGB).
Amendments to the Terms of Use
The Provider reserves the right to adjust or amend these Terms of Use in the future, for example in the event of an
expansion of the service, changes in the legal situation, or to close regulatory gaps.
Amendment procedure: We will inform you of intended changes to the Terms in good time in advance. The
notice will be provided at least 30 days before the planned effective date of the changes in text form, for example by
email to the address stored in your account or by a clearly visible notification within the service. In this notice, we
will highlight the amended clauses and inform you of your right to object as described below.
Objection and consent: You have the right to object to the planned changes within the notice period if
you do not agree. You may submit your objection in text form (e.g., by email) to us. If you do not object and continue to
use auroraNet after the effective date, the changes will be deemed accepted. If you object in due time, we reserve the
right to terminate the contractual relationship as of the intended effective date of the changes, as continuing the
contract under the old Terms may not be possible or reasonable. We will also point this out in the amendment notice.
For material amendments to ongoing paid continuing obligations with consumers, the following applies: Amendments that are
detrimental to you will be made only if there is a valid reason (e.g., adaptation to changed laws, expansion by new
functions requiring clause adjustments, etc.), and in the event of an objection you have the right to terminate the
subscription extraordinarily effective as of the amendment date without suffering disadvantages.
Governing Law and Jurisdiction
Unless mandatory local consumer protection provisions of your country of residence provide otherwise, these Terms of Use
and all disputes or claims arising out of or in connection with them or your use of auroraNet are governed by the laws of
the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods
(CISG) and German conflict-of-laws rules. If you are a consumer residing in the EU, mandatory consumer protection
provisions of your country of residence remain unaffected and shall take precedence if they provide you with greater
protection than German law.
The place of jurisdiction shall, to the extent legally permissible, be the Provider’s registered seat. This applies to
merchants, legal entities under public law, special funds under public law, and persons without a general place of
jurisdiction in Germany. For consumers, statutory rules on jurisdiction apply: claims against a consumer must be brought
at the consumer’s general place of jurisdiction and may otherwise be heard by the courts of the consumer’s country of
residence. The Provider will bring an action against a consumer only before the court at the consumer’s place of
residence.
Final Provisions
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Contract language: The contract language is German. All communication and interpretation of these Terms
shall be in German. (If we provide these Terms in another language, this serves convenience only. In case of conflict,
the German version prevails.)
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Severability: If any provision of these Terms is or becomes invalid or unenforceable in whole or in
part, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable
provision, such valid provision shall apply as most closely reflects the economic purpose of the original provision.
The same applies to any contractual gaps.
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No collateral agreements: These Terms constitute the entire agreement between the user and the Provider
regarding use of auroraNet. There are no oral side agreements. Amendments or additions to these Terms, including this
text-form clause, must be made in text form (e.g., email) unless a stricter form is required by law.
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Assignment: The Provider is entitled, upon 4 weeks’ prior notice, to transfer its rights and
obligations under this contract in whole or in part to an affiliated company or, in the context of a transfer of the
business, to third parties, provided that no legitimate interests of the user are adversely affected. In the event of
such a transfer, the user has the right to terminate the contract effective as of the transfer date. The user, in turn,
may not assign or transfer any rights or obligations under this contract to third parties without the Provider’s prior
written consent. Any unauthorized assignment is invalid.
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No waiver: If the Provider fails to enforce any provision of these Terms or assert any rights
thereunder, this does not constitute a waiver of such right or provision. Any waiver of rights by the Provider requires
an express declaration in text form to be effective.
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Contact: For questions regarding these Terms of Use or other contractual matters, please contact us
using the contact details provided in the imprint or via [email protected]. We will endeavor to address concerns
promptly.
Thank you for using auroraNet. We wish you success and enjoyment with our service. If you have questions or need support,
our support team will be happy to help.
Version: 14 January 2026