1. Provider
The provider of Autonomy Track services is:
Andreas Heß
Eikholt 7
18059 Rostock
Germany
Email: support@autonomytrack.eu
2. Scope and Intended Customers
These Terms and Conditions apply to use of the Autonomy Track SaaS platform and separately commissioned consulting, development, operations and training services (“Services”), insofar as they are incorporated into the relevant contract.
The Services are intended exclusively for persons acting in a business or professional capacity and legal entities governed by private or public law (“Customers”). Use for private purposes is excluded.
Individual agreements take precedence. Provisions expressly relating to the platform or an account apply only to their use.
3. Service Description
Autonomy Track is a SaaS platform for recording, assessing and managing the status of digital sovereignty in organisations. The specific scope of platform services is determined by the product description on the website or within the platform incorporated into the contract when it is concluded.
The platform’s content, assessments, scores, guidance and suggested actions provide information, structure and support for internal decisions. They do not constitute legal advice, data protection advice, security advice or any other advice on individual cases.
Assessments, recommendations and AI-assisted outputs may be incomplete or incorrect. The Customer checks their suitability for the Customer’s specific purpose. Use of the platform alone does not constitute an assurance of certification or compliance with specific legal requirements. Agreed characteristics, deliverables and the Provider’s review obligations remain unaffected.
The nature, scope and results owed for services are determined by the relevant offer and individual agreement, including the service descriptions incorporated into them. The version agreed when the contract is concluded is authoritative. Descriptions of platform functions do not create additional service commitments for separately commissioned services.
The Provider performs the Services professionally. A specific result is owed where it forms part of the agreed scope of services. Legal advice is not included in the Services.
4. Customer Cooperation and Use
The Customer provides the information, data, access and decisions required for the Services in good time. Where an account is required, the Customer provides complete and accurate information and keeps access credentials confidential.
The Customer is responsible for ensuring that its use of the Services and the content it provides do not breach applicable law or third-party rights.
Where there are specific indications of misuse, security risks or breaches of law, the Provider may suspend access to the extent necessary.
Anyone acting on behalf of an organisation must be authorised to do so.
If a failure to cooperate delays the Services, the Provider informs the Customer of the implications for deadlines and effort. Additional fees require agreement.
Changes to the scope of services and their effects on fees and deadlines are agreed before implementation.
5. Contract Formation and Fees
The contract for a free account is concluded when the account is activated. Free use does not automatically become paid use.
Paid platform services require a separate order and acceptance by the Provider. Prices, scope of services, contract terms and billing intervals are disclosed before the contract is concluded.
Services are commissioned separately for a fee. The contract is concluded by offer and acceptance. The scope of services, fees, payment terms and, where applicable, duration are agreed before the contract is concluded. An enquiry or booking a non-binding initial consultation does not constitute a paid engagement.
6. Term, Renewal and Termination
The contract term depends on the selected usage model or individual agreement.
For paid platform subscriptions, the term, renewal and termination provisions are disclosed before the contract is concluded. For services, duration, termination and any notice periods are governed by the individual agreement and statutory provisions.
The Customer may end free platform use at any time without a notice period. If the Customer wishes to switch providers, the process is governed by section 8. Statutory switching and data retrieval rights remain in place when use ends.
Statutory termination rights and the statutory consequences of early termination remain unaffected.
7. Ongoing Services, Maintenance and Changes
The Provider delivers ongoing services for the agreed contract term and maintains the systems and functions provided in a condition suitable for the agreed purpose. Without a separate agreement, no specific availability level or continuation of the platform beyond the contract term is promised.
Planned and unplanned maintenance, security measures, further development or technical adjustments may result in temporary restrictions. These measures take reasonable account of Customers’ interests, and foreseeable restrictions are announced in good time.
The Provider may further develop, change, restrict or discontinue platform functions for objectively justified reasons, provided that Customers’ legitimate interests are reasonably taken into account and the agreed scope of services is not materially impaired.
The Provider may discontinue operation of the platform after the affected contracts have effectively ended or under a corresponding agreement. A planned discontinuation is announced sufficiently early to allow Customers to use the available export options and exercise their rights under section 8.
If the platform is discontinued, prepaid usage fees for the period after the discontinuation takes effect are refunded proportionately. Otherwise, prepayments are refunded to the extent that they exceed the fees owed when the contract ends. Further statutory claims remain unaffected.
The Provider’s right to suspend access under section 4 in the event of misuse, security risks or breaches of law, or to terminate the contract for good cause, remains unaffected.
Contractually agreed services and mandatory statutory rights remain unaffected. The rights under section 8 also remain in place in the event of discontinuation or suspension, unless overriding security or legal grounds prevent this.
For separately commissioned ongoing services, the service agreement determines the scope and responsibilities for availability, support, maintenance, updates, monitoring, backups and recovery.
8. Data, Export and Deletion after the Contract Ends
When the contract ends, the Provider makes available the deliverables owed, Customer data to be returned and agreed documentation.
After the contract ends, data and content are deleted as soon as they are no longer required to wind up the contractual relationship or for statutory and agreed retention, switching and retrieval periods.
After deletion, the data concerned are no longer available and can no longer be provided by the Provider.
The Customer is responsible for using available export or storage options in good time before the contract ends.
8.1 Provider Switching and Data Retrieval
For data processing services within the meaning of the EU Data Act, switching to a service of the same type or to an on-premises IT environment may be requested in writing by email. The notice period is no more than two months, followed by a transitional period of no more than 30 calendar days.
The Provider gives the Customer and authorised third parties reasonable assistance with planning and data transfer, in particular by providing export information and help with technical export problems. During switching, the Provider continues the agreed services, informs the Customer of risks of interruption on the Provider’s side and safeguards the data, including during the retrieval period.
Extensions are governed by Article 25(4) and (5) of the Data Act.
The contract for the affected service ends after successful switching or, in the case of deletion without switching, no later than the end of the notice period. The Provider confirms this. After the transitional period, the data remain securely retrievable for at least 30 calendar days, including without platform access. They are then deleted following successful switching or, without switching, after the contract ends. Statutory retention obligations remain unaffected.
8.2 Scope of Export
User inputs, uploaded content, usage results and associated metadata can be exported, as can digital content with rights of use independent of the platform (digital assets).
Export is provided in a structured, commonly used and machine-readable format. The Provider explains procedures, formats and technical limitations and makes the necessary open interfaces and documentation available free of charge.
Protected provider software, standalone content catalogues and internal security information are excluded, insofar as this does not obstruct the export of user data or switching.
9. Rights of Use and Rights in Content
Rights to use the platform and materials of Autonomy Track are governed by the Autonomy Track Content Licence, which forms part of these Terms and Conditions. It also governs the use of reports and free guides. For individually commissioned deliverables, the following provisions take precedence in the event of a conflict.
Unless otherwise agreed, after full payment of the agreed fees, the Customer receives a non-exclusive right to use deliverables created individually for it for the contractually intended purpose, without restriction as to time or territory. This includes the modifications and maintenance required for that purpose by the Customer or third parties commissioned by it.
The scope of source code and documentation handover, and any exclusive or additional rights of use, are determined by the agreement. Rights in pre-existing materials remain with the respective rights holder. Third-party components are subject to their applicable licence terms.
10. Prohibited Use
In particular, the following are prohibited:
- use for private purposes,
- entering unlawful content,
- infringing third-party rights,
- circumventing technical safeguards,
- conducting unauthorised security attacks,
- automated overloading of the systems provided,
- reverse engineering, except where mandatory statutory provisions provide otherwise.
11. Data Protection and Confidentiality
The applicable privacy provisions are set out in the separate Privacy Notice.
The platform is designed for organisation-related assessments, documentation and actions, and is not intended for the targeted processing of personal data on behalf of third parties.
Third-party personal data must not be included in substantive platform inputs. Such information must be effectively anonymised before entry. Necessary account, contract and contact details relating to the Customer are exempt from this restriction.
Where personal data are to be processed on behalf of a customer, the subject matter, scope and responsibilities are agreed in advance. Any data processing agreement required by law is concluded before processing begins.
Both parties treat non-public information arising from their cooperation as confidential and use it only to perform the contract. They disclose it only to authorised persons bound by confidentiality obligations, unless disclosure is required by law. This also applies after the contract ends.
12. Acceptance and Rights in Respect of Defects
Where a deliverable subject to acceptance is owed, the Provider makes it available for review. The Customer reviews it within a reasonable period against the agreed requirements and declares acceptance unless there are material defects.
Statutory rights in respect of defects apply to paid Services. The Customer describes identified defects clearly and allows the remedy provided for by law. Further statutory rights remain unaffected.
For Services provided free of charge, liability for defects is limited to the mandatory statutory extent. Agreed characteristics remain unaffected.
Guarantees require an express commitment by the Provider. Service descriptions alone do not constitute a guarantee extending beyond statutory rights in respect of defects.
13. Liability
The Provider has unlimited liability for intent and gross negligence and for damage resulting from culpable injury to life, body or health.
In cases of ordinary negligence, the Provider is liable only for a breach of material contractual obligations. These are obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Customer may ordinarily rely. In such cases, liability is limited to damage typical of the contract and foreseeable when the contract was concluded. Liability for ordinary negligence is otherwise excluded.
For Services classified as rental services under German law, strict liability for defects already present when the contract was concluded under section 536a(1), first alternative, of the German Civil Code (BGB) is excluded. The other provisions of this section apply to fault-based liability.
For Services provided free of charge, any further statutory limitations of liability in favour of the Provider remain unaffected.
The exclusions and limitations of liability in this section do not apply to fraudulent concealment of a defect, claims under the German Product Liability Act or other cases of mandatory statutory liability. Liability under expressly assumed guarantees is governed by the relevant guarantee. Unlimited liability under the first paragraph remains unaffected.
If the Customer has contributed to the occurrence or extent of damage by culpably breaching a duty to back up data or mitigate loss, this must be taken into account under section 254 BGB. Any backup and recovery obligations assumed by the Provider remain unaffected.
The exclusions and limitations of liability in this section apply to contractual and non-contractual claims for damages and to reimbursement of wasted expenditure. They apply to the same extent for the benefit of the Provider’s legal representatives, employees and persons engaged in performing its obligations.
14. Indemnification
The Customer indemnifies the Provider against third-party claims arising from an infringement for which the Customer is responsible in its use of the Services or provision of content.
The indemnity covers necessary and reasonable legal defence costs. The Provider informs the Customer of the claim and allows reasonable participation in the defence.
15. Final Provisions
German law applies.
If the Customer is a merchant within the meaning of German commercial law, a legal entity under public law or a special fund under public law, the courts of Rostock have jurisdiction to the extent permitted by law.
If any provision of these Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions is unaffected.
Changes to these terms will be communicated and, where required, expressly agreed.
In the event of differences or contradictions between the German and English versions, the German version prevails. Mandatory statutory rights and information obligations remain unaffected.