General Terms and Conditions
for the purchase of the TFS software in the B2B sector
This is a translation of our German General Terms and Conditions (AGB). It is provided for convenience only. In case of any discrepancy or dispute, the German version is the binding one.
Version of March 2026
1. Scope
1.1 These General Terms and Conditions apply to all contracts between Terra Flow Systems GmbH, FN 648081 k, Rotenturmstraße 16-18/8. OG, 1010 Wien, hereinafter “TFS”, and its business customers, hereinafter “customer”, concerning the ordering and use of the software TFS.
1.2 TFS provides the customer with software that supports operators of biogas plants in their resource planning and serves in particular to control material flows efficiently, to document them verifiably and to optimise them economically.
1.3 Deviating terms and conditions of the customer apply only if TFS has expressly agreed to their validity in writing.
1.4 These General Terms and Conditions govern the framework relating to purchase and contract. For the actual use of the software, separate terms of use apply in addition, and these may deviate from or supplement the present provisions
2. Conclusion of contract and scope of services
2.1 The contract between TFS and the customer comes into existence through the ordering of the software and the electronic or other acceptance by the customer.
2.2 The software is offered in different service packages. The specific scope of services is determined by the package selected by the customer and by the respective software contract.
2.3 The description of the individual software packages and their functions follows from the current service description on the website of TFS and from the individual contract.
2.4 For the term of the contract, TFS grants the customer a non-exclusive, non-transferable right to use the software within the agreed scope for its own operational purposes.
2.5 Unless expressly agreed otherwise in writing, each package booked includes exclusively one Performance Cube for one location or plant. The use of additional Performance Cubes or the connection of further locations, plants or organisationally or technically separate units requires a separate order and is to be remunerated additionally.
2.6 Depending on the package chosen, the software is provided via the website of TFS as a browser version and/or as an app via the respective app store. There is no obligation to install on site, to provide the source code or to deliver anything further.
2.7 The technical set-up, parameterisation and implementation in the customer's operation is carried out by the customer itself as a matter of principle, unless a separate agreement on additional services has been made.
2.8 TFS is entitled to adapt, improve or functionally extend the software at any time through updates and further development.
3. Rights of use and restrictions on use
3.1 The customer may use the software exclusively for its own internal business purposes.
3.2 In particular, the customer is not entitled
a) to reproduce or modify the software or to make it accessible to third parties,
b) to reverse engineer, decompile or technically analyse the software, unless this is mandatorily permitted by law,
c) to access the software with the aim of developing a competing product or comparable software, or
d) to use the software beyond the scope of use agreed in the contract.
3.3 All rights to the software, in particular copyright, trade mark rights, know-how and other intellectual property rights, remain exclusively with TFS.
4. Term of contract and termination
4.1 The term of the subscription is one year. The contract is automatically extended by a further year in each case, unless it is terminated in writing no later than four weeks before the end of the respective contract term.
4.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if a party breaches material contractual obligations and does not remedy this breach within 30 days despite a written request to do so.
4.3 The customer's right to use the software ends when the contract ends. The customer must cease use without delay.
5. Prices and payment
5.1 Unless agreed otherwise, payment is made exclusively via a means of payment stored by the customer, in particular by credit card, PayPal or SEPA direct debit.
5.2 On conclusion of the contract the customer agrees to the recurring automatic debiting of the fees due in each case.
5.3 If a debit cannot be carried out because of insufficient funds, invalid payment details or for other reasons, TFS is entitled to block the customer's access to the software temporarily until payment has been made successfully.
5.4 All prices are understood to be plus statutory value added tax, where this applies.
6. System requirements and cooperation of the customer
6.1 Use of the software presupposes that the technical and system-side requirements applicable in each case are met by the customer.
6.2 These include in particular a working internet connection, WLAN capability of the device used, activated location permission and GPS availability, insofar as these are necessary for use.
6.3 The customer is responsible itself for ensuring that the technical requirements necessary for using the software are met.
6.4 The customer is furthermore responsible for preventing unauthorised access to the software as far as possible and for informing TFS without delay about any unauthorised use that becomes known.
7. Data protection
7.1 TFS processes personal data of the customer exclusively within the scope of the performance of the contract, the support of the customer and in accordance with the privacy policy.
7.2 Further information on the nature, scope and purpose of the data processing can be found in the privacy policy on the website of TFS.
8. Warranty
8.1 TFS warrants that the software substantially corresponds to the agreed service description during the term of the contract.
8.2 A precondition for any warranty claims is that the customer uses the current version of the software and has installed the available updates.
8.3 The customer must report recognisable defects in writing without delay and describe them comprehensibly.
8.4 TFS shall be entitled to remedy properly reported defects within a reasonable period, at its own choice by improvement, workaround or replacement.
8.5 In particular, there is no defect if there is only an insignificant deviation from the service description or if the customer can achieve or work around the function by other means with reasonable effort.
8.6 TFS gives no warranty for changes to the software that were not authorised by TFS.
8.7 The customer is responsible itself for backing up its data.
9. Liability
9.1 TFS is liable only for damage caused by TFS intentionally, unless mandatory law provides otherwise.
9.2 Liability for slight negligence, lost profit, indirect damage, consequential damage, pure financial loss, business interruption or loss of data is excluded to the extent permitted by law.
9.3 The customer is obliged to take reasonable measures to avoid and mitigate damage, in particular to carry out regular data backups.
10. Force majeure
10.1 Events of force majeure, in particular natural disasters, war, civil unrest, measures taken by authorities or other unforeseeable events outside the sphere of influence of TFS, release TFS from the obligation to provide its services for the duration and to the extent of their effects.
11. Changes to these General Terms and Conditions
11.1 TFS is entitled to change these General Terms and Conditions, provided that the changes are objectively justified and do not grossly disadvantage the customer.
11.2 The current version of the General Terms and Conditions is published on the website of TFS.
12. Final provisions
12.1 Austrian law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of the conflict-of-law rules of private international law.
12.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the court with subject-matter jurisdiction at the registered office of TFS, unless mandatory statutory provisions stand in the way.
12.3 Should individual provisions of these General Terms and Conditions be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.