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 of Application

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

"Project" within the meaning of these GTC is a self-contained unit of work created by the User within the Service (e.g. a saved undertaking), for which a separate Project Pass can be purchased.

Any terms and conditions of the User that conflict with or supplement these GTC shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

§ 2 Description of Services

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

For officially released design vehicles that the Provider expressly identifies as such within the Service, the Provider undertakes to transcribe and maintain the stored dimensions accurately and completely from the respective authoritative official publication, exercising the care required under the circumstances. This duty of care does not constitute a no-fault guarantee of the accuracy of the values; § 9 applies to any breach of this duty. All other vehicle dimensions – in particular vehicles created by the User – are not part of the Provider's contractual performance obligation and are provided as non-binding reference values without warranty for their accuracy, completeness, or currency. It is the User's own responsibility to verify vehicle dimensions before using them in planning- or safety-relevant decisions, or to enter their own dimensions.

The Service does not replace the professional assessment of a qualified expert, nor an officially approved engineering assessment. Conformity with DIN, AASHTO, DMRB, or other normative standards is not warranted.

§ 3 Conclusion of Contract

3.1 Guest Mode. Use of the Service without registration requires confirmation of these GTC via the corresponding selection field. Upon this confirmation, a free-of-charge usage agreement is concluded on the basis of these GTC.

3.2 Registration. Upon successful confirmation of the email address and acceptance of these GTC, a free-of-charge usage agreement regarding the user account is concluded.

3.3 Project Pass. Upon successful completion of the payment process, a paid contract for a Project Pass for the respectively selected Project is concluded. Activation and invoicing take place without undue delay after receipt of payment.

§ 4 Prices and Payment

The price applicable to the Project Pass results from the price list displayed on the website at the time of the order. These are final prices.

The Provider currently applies the small-business regulation under § 19 of the German VAT Act (Umsatzsteuergesetz, "UStG"); value-added tax is therefore neither charged nor separately stated. Should the Provider become subject to standard taxation, the applicable value-added tax will be stated at the statutory rate.

Payment is processed via an external payment service provider. The available payment methods are displayed during the ordering process. The invoice is sent without undue delay after receipt of payment, in electronic form, to the email address stored in the account.

§ 5 Right of Withdrawal for Consumers

Consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB") have a statutory right of withdrawal upon concluding a contract for the Project Pass. Details are set out in the cancellation policy.

Immediate Activation, Right of Withdrawal Unaffected. The Project Pass is activated without undue delay after receipt of payment. No waiver of the right of withdrawal is requested during the ordering process; the statutory right of withdrawal therefore remains fully in effect despite immediate activation. If the consumer withdraws within the withdrawal period, the Provider refunds the full purchase price and does not claim compensation for the service provided up to the withdrawal.

§ 6 Usage Rights

The Provider grants the User a simple, non-transferable right to use the Service for the User's own purposes for the duration of the usage relationship. Upon termination of the account, all usage rights expire; § 11.2 applies accordingly.

Results created by the User (swept path diagrams, exports) remain with the User and may be used and published within the scope of the User's Projects.

In particular, the following are prohibited: reverse engineering of the software, circumvention of technical protection measures, and automated retrieval or bulk extraction of the vehicle library or stored dimension tables.

§ 7 User Obligations

The User is obliged to provide truthful information when registering, to keep their access credentials confidential, and to report any misuse without undue 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 under §§ 327e et seq. BGB apply (conformity with the contract, duty to provide updates, subsequent performance, price reduction, termination of contract). 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 care described in § 2 in maintaining the data.

8.3 Vehicle Dimensions. The warranty under § 8.1 and § 8.2 relates to the core service of the Service (swept path calculation and visualization) as well as to the duty of care described in § 2 regarding officially released design vehicles. The accuracy of the remaining vehicle dimensions provided as reference values pursuant to § 2 is not subject to the warranty; § 9.5 applies in this respect.

8.4 Availability.The Provider strives for the highest possible uninterrupted availability but does not guarantee any particular availability rate. The consumer's statutory rights under §§ 327e et seq. BGB in the event of a permanent failure to render the contractual performance remain unaffected.

§ 9 Liability

9.1 The Provider is liable without limitation for intent and gross negligence, for damages resulting from injury to life, body, or health, and under the provisions of the German Product Liability Act (Produkthaftungsgesetz).

9.2 In the case of ordinary negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), i.e. an obligation the fulfillment of which is essential to the proper performance of the contract in the first place and on the observance of which the User may regularly rely. In this case, liability is limited in amount to the damage typically foreseeable for this type of contract. Vis-à-vis business Users, liability under the preceding sentence is additionally limited in amount to EUR 10,000 per claim.

9.3In all other respects, the Provider's liability is excluded. The consumer's statutory warranty rights under §§ 327 et seq. BGB remain unaffected by this.

9.4 Responsibility for Professional Planning – applies only vis-à-vis business Users. Responsibility for planning, structural, or design decisions made using results from the Service remains with the qualified professional.

9.5 Vehicle Dimensions.With the exception of the officially released design vehicles within the meaning of § 2, for the careful transcription of which §§ 9.1 and 9.2 apply, the following applies: the remaining vehicle dimensions stored in the Service are, pursuant to § 2, not part of the Provider's contractual performance obligation. The Provider provides these remaining values as reference values and has compiled them with the utmost care. The Provider's liability for damages resulting from the inaccuracy or incompleteness of these remaining values is excluded. Clause 9.1 remains unaffected in any case.

§ 10 Data Protection

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

§ 11 Term and Termination

11.1 Free Account. The usage relationship regarding the free account is concluded for an indefinite period. The User may terminate it at any time without notice via the account settings.

11.2 Project Pass.The Project Pass is a one-time, project-related performance; no recurring subscription is created. Use of the Project Pass requires an existing account. If the User deletes their account, this prerequisite ceases to exist as a result of the User's own, free decision; access to all acquired Project Passes expires upon the termination taking effect. Since the User is solely responsible for the resulting impossibility of further performance, the Provider retains its claim to the consideration already paid (§ 326(2) BGB); no pro rata refund is made. If the Provider terminates the usage relationship for a reason attributable to the Provider, the User's statutory claims remain unaffected.

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

11.4 Discontinuation of the Service.If the Provider intends to permanently discontinue the Service in its entirety, it will inform Users with an active Project Pass thereof in text form at least three months before the shutdown and will point out the option to export their Project results in good time (see § 6). The User's statutory rights under §§ 327e et seq. BGB in the event of a permanent failure to render the contractual performance remain unaffected.

§ 12 Amendments to these GTC

12.1 Adjustments to Ancillary Provisions.The Provider is entitled to adjust provisions of these GTC that do not concern the parties' principal obligations – in particular the nature and scope of the core service described in § 2 and the prices stated in § 4 – insofar as this is necessary due to a change in the legal situation, a regulatory or judicial decision, mandatory IT or data security requirements, or the technical further development of the Service, and is reasonable for the User taking the User's interests into account. The Provider will inform the User by email of the reason for and content of the change at least 30 days before it takes effect; the notice will expressly point out the significance of remaining silent. If the User does not object within this period, the change is deemed accepted. If the adjustment materially alters the typical character of the Service, the User may, by way of exception to § 11, terminate the usage relationship for cause until the change takes effect.

12.2 Amendments to Principal Obligations. Amendments concerning the parties' principal obligations – in particular the introduction or increase of fees for services previously provided free of charge, as well as material restrictions of the core service described in § 2 – require the User's express consent; no fictitious consent through silence applies in this respect. If the User does not consent to such an amendment, the usage relationship continues under the previous terms; in this case, the Provider may terminate it with four weeks' notice to the end of a calendar month.

12.3 Protection of Vested Rights. Already fully rendered one-time performances – in particular activated Project Passes – are not affected in substance by amendments to these GTC.

§ 13 Final Provisions

These GTC are governed by German law, 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 granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

The place of performance is Munich. If the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, Munich shall be the exclusive place of jurisdiction. For consumers, the statutory place of jurisdiction under §§ 12 et seq. of the German Code of Civil Procedure (Zivilprozessordnung, "ZPO") applies.

The German-language version of these GTC is controlling. This English-language version (last updated: 2026-08-02) is provided solely to facilitate understanding and is not legally binding. Should the date of this English version differ from the date of the German version, the German version shall always prevail.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

§ 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.