These general terms and conditions (GTC) apply to all contracts between AARI Forest GmbH, Am Löschberg 7, 86934 Reichling, hereinafter referred to as “AARI”, and its customers.
Divergent, conflicting or supplementary general terms and conditions of the customer only become part of the contract if AARI has expressly agreed to their validity in writing.
AARI provides services in the area of digital forest asset management, in particular the creation of digital twins of forest areas, the implementation of digitally supported forest inventories, advice on silvicultural measures and the provision of software and data solutions (e.g. AARI Onboarding, Start, Basic, Pro).
The specific scope of services results from the individual offer, the respective contract or the module descriptions.
AARI does not provide forestry work in local forests, but only digital and advisory services.
Unless otherwise expressly stated in the contract, AARI will not carry out any soil or geotechnical survey of the forest soil. AARI also does not check whether the forest property complies with legal regulations or private provisions or other agreements, for example with regard to the stock, use or utilization of the trees. When advising on future silvicultural measures, AARI assumes that all necessary permits for use, maintenance and exploitation exist, will exist in the future and that all permits, requirements and agreements will be met by the customer.
Offers from AARI are subject to change.
A contract is concluded through written acceptance of the offer by the customer or by confirmation from AARI in text form.
No additional oral agreements were made.
The customer provides AARI with all information and data required to provide the service completely, correctly and in a timely manner. AARI will only check these if this is expressly agreed upon in a contract.
The customer shall ensure that the data provided by him does not conflict with the rights of third parties.
The remuneration depends on the module or offer agreed in each case (Onboarding, Start, Basic, Pro, additional modules).
All prices are exclusive of statutory sales tax.
Payments are due without deduction within 14 days of invoicing, unless otherwise agreed.
AARI is entitled to charge for partial services.
Contract terms depend on the respective module contract.
Unless otherwise agreed, the contract is automatically extended by 12 months unless it is terminated in writing with a notice period of 3 months before the end of the respective contract period.
The right to extraordinary termination for good cause remains unaffected.
AARI is fully liable for intent and gross negligence.
In the event of simple negligence, AARI is only liable for damage resulting from injury to life, limb or health as well as for damage resulting from the breach of essential contractual obligations (so-called “cardinal obligations”, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and may rely).
In this case, liability is limited to the typically foreseeable damage.
Liability for indirect damage, loss of profit or loss of data is excluded, unless there is mandatory law to the contrary.
AARI grants the customer a simple, non-transferable right to use the data, analyses and results created under the contract.
Further rights, in particular reproduction, publication or transfer to third parties, require the express consent of AARI. AARI assumes no responsibility towards third parties for the entire content of the data, analyses and results produced.
AARI retains ownership and copyrights to the digital twins, analytics, and software solutions it creates.
Both parties agree not to disclose confidential information that becomes known as part of the cooperation to third parties without authorization. AARI is entitled to make internal disclosure to employees, vicarious or vicarious agents, affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act and external consultants without further consent from the customer, if and insofar as this is limited to what is necessary for cooperation.
AARI processes personal data exclusively within the framework of applicable data protection laws (GDPR, BDSG). Details can be found in the privacy policy on the website.
The customer is not entitled to assign his rights vis-à-vis AARI to third parties, unless otherwise agreed in writing between the parties.
The customer is only entitled to offset counterclaims that are undisputed or legally binding.
The laws of the Federal Republic of Germany apply, excluding the UN sales law.
The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, the registered office of AARI.
Should any provision of these terms and conditions be or become invalid, the effectiveness of the remaining provisions remains unaffected. The invalid provision shall be replaced by a provision which comes closest to the economic interests of the party and does not conflict with the contract.