This English version is provided for ease of understanding only. The German version is legally binding in all cases. In the event of any discrepancy between the two versions, the German version prevails (§ 13).

§ 1 Scope

These General Terms and Conditions ("GTC") govern all contracts between Joël Marth IT Services, Senftenauerstraße 3, 80689 Munich, Germany ("Provider") and users ("User") of the web application PathSweeper and its features (the "Service").

Any conflicting or supplementary terms and conditions of the User shall not become part of the contract unless the Provider has expressly agreed to them in writing.

§ 2 Service Description

PathSweeper is a web-based simulation tool for calculating swept paths and turning circles for vehicles. Calculations are based on the geometry entered by the User and the vehicle dimensions stored in the Service.

The vehicle dimensions are compiled with the utmost care from publicly available technical standards and manufacturer data sheets. The applicable original source remains authoritative at all times. Before making any planning or safety-critical decisions, the User must independently verify critical dimensions against the original source. The Service does not replace professional assessment by a qualified specialist, nor any officially approved calculation or planning. Compliance with DIN, AASHTO, DMRB or other normative standards is not guaranteed.

§ 3 Conclusion of Contract

3.1 Guest Mode. Use of the Service without registration requires acceptance of these GTC via the designated confirmation element on the entry screen. A free-of-charge usage agreement based on these GTC is concluded upon such confirmation.

3.2 Registration. A free-of-charge user account agreement is concluded upon successful email verification and acceptance of these GTC.

3.3 Project Pass. A paid contract for a Project Pass for the selected project is concluded upon successful completion of the payment process. Activation and invoice dispatch occur immediately upon receipt of payment.

§ 4 Prices and Payment

The price applicable to the Project Pass is shown in the price list on the Website at the time of ordering. All prices are final prices (inclusive of all taxes and charges applicable under the Provider's VAT status, as set out below).

The Provider currently applies the small-business exemption pursuant to § 19 of the German Value Added Tax Act (UStG); VAT is therefore not charged and not shown separately. If the Provider becomes subject to the standard VAT regime, VAT at the then-applicable statutory rate will be shown and included in or added to the listed price.

Payment is processed via an external payment service provider. Available payment methods are displayed during the ordering process. The invoice is sent in electronic form to the email address registered in the User's account immediately upon receipt of payment.

§ 5 Right of Withdrawal for Consumers

Who has this right. Consumers — natural persons acting outside their professional or commercial activity (§ 13 BGB) — have a statutory right of withdrawal when concluding a contract for the Project Pass. Full details are set out in the Instructions on Withdrawal.

Early lapse of the right of withdrawal. The Project Pass is activated immediately upon receipt of payment. The right of withdrawal lapses pursuant to § 356 para. 4 of the German Civil Code (BGB) upon full performance of the service, provided the Consumer has (a) expressly agreed that the Provider begins performance before the withdrawal period expires, and (b) confirmed their knowledge that the right of withdrawal lapses upon full performance. Both consents are obtained via a single, unchecked checkbox during the ordering process.

UK consumers: A materially equivalent right of cancellation applies under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The same lapse conditions apply once you have given the equivalent consents in the checkout.

§ 6 Licence

The Provider grants the User a simple, non-transferable licence to use the Service for their own purposes for the duration of the usage relationship. All licence rights expire upon termination of the account; § 12 para. 2 applies accordingly.

Outputs created by the User (swept paths, exports) remain the property of the User and may be used and published within the scope of their projects.

The following are prohibited in particular: reverse engineering of the software, circumvention of technical protection measures, and automated scraping or mass extraction of the vehicle library or stored dimension tables.

§ 7 User Obligations

The User undertakes to provide accurate information upon registration, to keep their access credentials confidential, and to report any suspected misuse without delay. Use of the Service for unlawful purposes is prohibited.

§ 8 Warranty

8.1 Consumers.For the Project Pass as a digital service within the meaning of § 327b BGB, the Consumer's statutory rights apply pursuant to §§ 327e et seq. BGB (conformity requirements, update obligations, subsequent performance, price reduction, contract termination). No deviating agreements to the detriment of the Consumer are made.

8.2 Businesses. Vis-à-vis business users, the Provider assumes no warranties beyond the duty of care in data maintenance described in § 2.

8.3 Availability. The Provider endeavours to ensure the most uninterrupted availability of the Service possible but does not guarantee a specific availability rate. The statutory rights of Consumers pursuant to §§ 327e et seq. BGB in the event of persistent non-performance remain unaffected.

§ 9 Liability

9.1 The Provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, limb or health, and pursuant to the German Product Liability Act (Produkthaftungsgesetz).

9.2 In cases of simple negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation) whose performance makes the proper execution of the contract possible in the first place and on whose observance the User may regularly rely. In such cases, liability is limited in amount to the typical, foreseeable damage.

9.3 Any further liability of the Provider is excluded. The statutory warranty rights of Consumers pursuant to §§ 327 et seq. BGB remain unaffected.

9.4 Planning responsibility — applies to business users only. Responsibility for planning, construction or design decisions made using outputs from the Service remains with the qualified specialist.

9.5 Vehicle Dimensions. The Provider compiles the vehicle dimensions stored in the Service with the care of a prudent merchant. For damage attributable to erroneous vehicle dimensions, § 9.2 applies accordingly. In relation to business users, liability for simple negligence in data maintenance is further limited to cases of gross negligence.

§ 10 Data Protection

Information on the processing of personal data is contained in our Privacy Policy.

§ 11 Term and Termination

The user account agreement is concluded for an indefinite period. The User may terminate it at any time without notice via the account settings.

The Project Pass is a one-off, project-specific service; no recurring subscription is created. If the User deletes their account, access to all purchased Project Passes expires upon the termination taking effect; no pro-rata refund of the fee will be made in such cases. If the Provider terminates the usage relationship for reasons attributable to the Provider, the User's statutory rights remain unaffected.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the event of a serious or repeated breach of these GTC by the User.

§ 12 Amendments to these GTC

The Provider is entitled to amend these GTC with reasonable advance notice. Amendments will be communicated to the User by email at least 30 days before they take effect; the notice will expressly draw attention to the significance of silence. If the User does not object within this period, the amended GTC shall be deemed accepted.

Already fully performed one-off services — in particular activated Project Passes — are not affected in substance by amendments to these GTC.

If the User objects to the amendment, the Provider is entitled to terminate the usage relationship at the time the amendment takes effect.

§ 13 Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only to the extent that the protection afforded is not reduced below the level provided by the mandatory provisions of the law of the state in which the Consumer has their habitual residence.

The place of performance is Munich, Germany. For business users who are merchants (Kaufmann), legal entities under public law or special funds under public law, Munich is the exclusive place of jurisdiction. In relation to Consumers within the European Union, this jurisdiction clause does not limit the Consumer's right to bring proceedings before the courts of the EU Member State in which they are habitually resident, pursuant to Arts. 17–19 of Regulation (EU) No 1215/2012 (Brussels Ia Regulation). In relation to all other Consumers, this clause applies only to the extent permitted by mandatory applicable law.

These GTC are authoritative in the German language. This English version is provided for ease of understanding only and is not legally binding. In the event of any conflict between the German and English versions, the German version prevails.

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

§ 14 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

UK consumers:For disputes involving UK consumers, the UK's Alternative Dispute Resolution for Consumer Disputes Regulations 2015 may apply. The Provider does not participate in such schemes but remains willing to resolve disputes directly.