General Terms and Conditions (GTC)

This is a convenience translation. Only the German version is legally binding: German version.

Last updated: 6 October 2026

§ 1 Scope and provider

(1) These General Terms and Conditions (GTC) apply to all contracts for the use of the software "ManualPass" (app.manualpass.eu) between Berke Mersin, Digitalagentur Gruppe Digital, Kaiser-Joseph-Str. 254, 79098 Freiburg im Breisgau, Germany (hereinafter the "Provider") and the customer.

(2) The service is directed exclusively at businesses (Unternehmer) within the meaning of § 14 BGB (Bürgerliches Gesetzbuch, German Civil Code), legal entities under public law and special funds under public law. By registering, the customer confirms that it is acting in the exercise of its commercial or independent professional activity.

(3) Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, even if the Provider does not expressly object to them. Individual agreements, in particular under the Enterprise plan, take precedence over these GTC.

§ 2 Subject matter of the contract

(1) The Provider makes the ManualPass software available to the customer as a web-based application (software as a service) for use via the internet. With ManualPass, the customer can upload instructions for use, EU declarations of conformity and other documents as PDFs per machine type, manage versions of them and make them available via a permanent QR code and a public scan page. End users can request a paper copy via the scan page; the requests are forwarded to the customer for processing.

(2) The specific scope of services (number of machine types, number of users, additional features such as own logo, custom domain, roles, approval workflow, brands and locations, export of the change log) is determined by the plan booked in accordance with the price overview at manualpass.eu/preise at the time of booking.

(3) The Provider does not create, translate or review the content of the customer's documents. ManualPass is a tool for making documents available; it does not constitute legal advice. The customer alone remains responsible for compliance with Regulation (EU) 2023/1230 and other regulations, in particular for the content, accuracy, completeness, language versions and retention periods of the documents.

(4) The Provider may further develop and modify the software, provided that the contractually agreed core functions are retained and the change is reasonable for the customer.

(5) If the customer uses its own domain for QR codes, the customer remains the owner of the domain and is responsible for the required DNS record. The Provider activates the domain once the DNS record has been set up and provides an SSL certificate for it. If the customer removes the domain or the contract ends, the Provider deactivates it; whether and where QR codes with this domain redirect afterwards is determined solely by the customer.

(6) The "ManualPass Service" add-on (machine records, service reports, maintenance deadlines, access for service technicians and operators) can only be booked in addition to a plan. It runs on the contract year of the plan; if it is booked or upgraded to a higher tier during the contract year, the fee is charged pro rata until the end of that year, while a downgrade to a lower tier takes effect on the price from the next renewal. § 7 applies accordingly to the termination of the add-on; the plan remains unaffected. The customer is responsible for the content of service reports, for giving operators access only to their own machines and for ensuring that photos do not show persons or third-party trade secrets without authorisation. The signature in a service report is a simple electronic signature. Service reports are not deleted but only cancelled with a note; after the end of the contract, § 8 applies to them as it does to documents.

§ 3 Conclusion of contract and trial period

(1) The contract is concluded upon the customer's registration and the activation of the account. When registering, the customer selects a plan and receives a free trial period of 14 days with the range of functions of that plan.

(2) No costs are incurred during the trial period; payment details are not required. The trial period ends automatically. No cancellation is necessary for this, and there is no automatic conversion into a paid subscription.

(3) If the customer does not book a plan by the end of the trial period, it can no longer edit machines and documents. Scan pages and QR codes that have already been published remain accessible for the time being. If the customer does not book a plan within 90 days after the end of the trial period either, the Provider may delete the account with all content after prior notice by email.

(4) A paid subscription is concluded when the customer books a plan under "Account & plans" with card payment or payment on invoice. If the customer books during the trial period, the term and billing only begin at the end of the trial period; until then, the customer may cancel the booking free of charge under "Account & plans".

§ 4 Services and availability

(1) The Provider makes the software available with reasonable availability and endeavours to ensure operation that is as uninterrupted as possible. A specific level of availability is only owed if it has been individually agreed.

(2) Periods during which the software is not accessible due to scheduled maintenance, security updates or disruptions beyond the Provider's control (e.g. force majeure, disruptions of telecommunications networks or attacks by third parties) shall not be deemed downtime. The Provider carries out scheduled maintenance outside normal business hours wherever possible.

(3) The Provider backs up the data regularly. Irrespective of this, the customer should retain the original files of its documents itself; ManualPass does not replace the customer's own archiving.

(4) Support is provided by email to support@manualpass.eu during normal business hours.

§ 5 Obligations of the customer

(1) The customer shall keep its access credentials secret and protect them against access by third parties. It shall only create users who work on its behalf and shall assign roles and rights on its own responsibility. In the event of suspected misuse, it shall inform the Provider without undue delay.

(2) The customer shall only upload content that it is entitled to publish and that does not infringe applicable law or the rights of third parties (in particular copyrights, trademark rights and personality rights). Uploaded files must not contain malware.

(3) The customer shall itself process, in due time, paper copy requests from end users that are forwarded to it via ManualPass. The customer is responsible for sending the paper copy.

(4) The customer shall indemnify the Provider against claims by third parties based on a culpable breach of the obligations under para. 2, including reasonable costs of legal defence.

(5) In the event of a well-founded suspicion of unlawful content, the Provider may temporarily block the affected content or scan pages. It shall inform the customer of this without undue delay.

§ 6 Prices and payment

(1) The prices in the price overview at the time of booking apply. Prices are stated as monthly prices; the annual fee is twelve times the monthly price. All prices are in euros excl. statutory VAT. For customers with a valid VAT identification number in another EU Member State, the reverse-charge procedure may apply.

(2) Billing takes place annually in advance for the respective contract year. The customer pays, at its option, by credit or debit card or on invoice. Payments are processed via the payment service provider Stripe. For card payments, the amount is charged at the beginning of each contract year. Invoices for purchases on invoice are payable without deduction within 14 days of the invoice date.

(3) The customer agrees that invoices are issued exclusively in electronic form, sent by email and made available for download in the "Account & plans" area.

(4) The customer requests a switch to a different plan under “Account & plans” or in text form to support@manualpass.eu. The Provider reviews the request and, if accepted, changes the plan; the switch takes effect from this change, of which the customer is informed by email. When switching to a larger plan, the additional amount for the remainder of the current contract year is charged pro rata immediately. When switching to a smaller plan, the lower price applies from the next contract year; there is no pro-rata refund for the current contract year. Switching to a smaller plan is only possible if the number of active machine types, users and custom domains does not exceed its limits. Additional users beyond the limits of a plan cannot be booked; this requires a switch to a larger plan.

(5) If the customer is in default of payment, the statutory provisions apply, in particular default interest pursuant to § 288(2) BGB and the lump sum pursuant to § 288(5) BGB. If the customer is more than 14 days in default despite a reminder, the Provider may block the editing functions until payment is made; published scan pages remain accessible during this block.

(6) The Provider may change the prices with at least six weeks' notice with effect from the beginning of a contract year. The customer shall be notified of the change in text form. If the customer does not agree, it may terminate the contract up until the change takes effect; the Provider shall point this out in the notification.

(7) The customer may only set off undisputed claims or claims that have been finally established by a court against claims of the Provider.

§ 7 Term and termination

(1) Paid subscriptions have a term of 12 months (contract year). They are automatically renewed for a further 12 months at a time unless terminated by either party with 30 days' notice to the end of the respective contract year.

(2) The customer may terminate under "Account & plans" or in text form to support@manualpass.eu. If the termination is received later than 30 days before the end of the contract year, it takes effect at the end of the following contract year. The Provider confirms the termination with the end date of the contract in text form and reminds the customer by email in good time before each automatic renewal. Fees already paid for the current contract year will not be refunded pro rata.

(3) The right to terminate without notice for good cause remains unaffected. Good cause exists for the Provider in particular if the customer is more than 30 days in default of payment of the annual fee despite a reminder or repeatedly violates § 5(2) despite a warning.

(4) Deviating terms under the Enterprise plan are agreed individually.

§ 8 Consequences of termination

(1) After the end of the contract, the customer can no longer edit machines and documents. Published scan pages and QR codes remain accessible for 90 days after the end of the contract so that the customer can ensure that the documents are made available by other means.

(2) Upon request in text form, which must be received before the expiry of these 90 days, the Provider shall make the customer's uploaded documents available to it in a common format.

(3) After the expiry of the 90 days, the Provider shall delete the account and all content, unless statutory retention obligations prevent this. Deleted QR codes will then no longer lead to the documents.

(4) Notwithstanding paragraphs 1 to 3, the owner of the customer account may delete the account at any time under “Settings”. Any running subscription then ends immediately; all content is deleted without undue delay, and the QR codes no longer lead to the documents. Fees already paid are not refunded pro rata. Invoices remain stored with the payment service provider and, within statutory retention obligations, with the Provider.

(5) The customer is itself responsible for ensuring that its documents remain available for the legally required period (under Regulation (EU) 2023/1230, generally at least ten years after placing on the market), including beyond the end of this contract.

§ 9 Data protection and data processing

(1) Insofar as the Provider processes personal data on behalf of the customer (in particular data from end users' paper copy requests and data of the customer's users), the parties conclude a data processing agreement pursuant to Art. 28 GDPR. The customer can conclude it electronically at any time in the application under "Privacy & DPA"; the text of the agreement can be viewed at manualpass.eu/avv.

(2) In all other respects, the privacy policy applies.

§ 10 Defects

(1) The statutory provisions of German tenancy law (Mietrecht) apply to defects in the software, unless otherwise provided below. The customer shall report defects without undue delay and as specifically as possible by email.

(2) The Provider's strict (no-fault) liability for defects that already existed at the time the contract was concluded (§ 536a(1), 1st alternative BGB) is excluded.

(3) During the free trial period, the Provider is only liable for defects if it fraudulently concealed them.

§ 11 Liability

(1) The Provider has unlimited liability in cases of intent and gross negligence, for injury to life, body or health, under the ProdHaftG (Produkthaftungsgesetz, German Product Liability Act) and to the extent of any guarantee assumed.

(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Cardinal obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. The typical, foreseeable damage per case of damage is generally limited to the amount of the fees paid by the customer in the twelve months preceding the event causing the damage.

(3) In all other respects, liability for slight negligence is excluded.

(4) The Provider is only liable for the loss of data to the extent that would have arisen even if the customer had backed up its data properly (§ 4(3)).

(5) The Provider is not liable for the accuracy of content or legal compliance of the documents provided by the customer, nor for fines or claims arising from their content.

(6) The above limitations also apply in favour of the Provider's employees, representatives and vicarious agents.

§ 12 Confidentiality

Both parties shall treat as confidential all non-public information of the other party that becomes known to them in the course of the contract. This does not apply to information that is publicly known, has been obtained independently or must be disclosed on the basis of legal or regulatory obligations. Content that the customer publishes on scan pages is not confidential. This obligation continues beyond the end of the contract.

§ 13 Use as a reference

The Provider may only name the customer as a reference with the customer's prior consent in text form.

§ 14 Amendments to these GTC

(1) The Provider may amend these GTC with effect for the future insofar as this is necessary for a valid reason, for example due to changes in the law, case law or new functions, and the balance between performance and consideration is not shifted to the detriment of the customer.

(2) The customer shall be notified of amendments in text form at least six weeks before they take effect. If the customer does not object in text form within this period, the amendments shall be deemed accepted. The Provider shall specifically point out the period and the consequences of silence in the notification. In the event of an objection, both parties may terminate the contract with effect from the date on which the amendment takes effect.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Freiburg im Breisgau. The Provider remains entitled to sue the customer at its general place of jurisdiction.

(3) Declarations in text form may also be made by email.

(4) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.