Terms and conditions

Terms and Conditions of the autoaid GmbH

autoaid GmbH, Helmholtzstr. 2-9, 10587 Berlin, (hereinafter referred to as 'autoaid') has developed an automotive diagnostic system for error analysis, reading out measured values, carrying out maintenance work and offering suggestions for solutions.

The following General Terms and Conditions (hereinafter referred to as 'GTC') govern the provision of the diagnostic software required for the use of this diagnostic system.

1. Applicability

1.1 These GTC apply exclusively to the free, time-limited provision of the autoaid diagnostic software, including the test version, as well as the paid, time-limited use of the diagnostic software.
1.2 Customers' general terms and conditions shall only become part of the contract if this has been expressly agreed in writing.
1.3 The use of the diagnostic system is only permitted for consumers or entrepreneurs of legal age. According to Section 13 of the German Civil Code (BGB), consumers are natural persons who enter into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneurs are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.
1.4 autoaid reserves the right to offer additional services. In this case, autoaid will inform the Customer of this separately and, if necessary, send additional General Terms and Conditions.

2. Subject of the Contract

2.1 Subject of the Contract

2.1.1 The subject matter of the contract is the provision of the diagnostic software free of charge for a limited period of time and the granting of rights to use the diagnostic server via the Internet (hereinafter jointly referred to as the 'diagnostic system') for a limited period of time in return for payment.

2.1.2 The use of the diagnostic server is also limited to the duration of this contract, unless autoaid grants the user unlimited use of the diagnostic server in the contract. The use of the diagnostic server is subject to payment of a fee that is determined by the selected package. autoaid may grant the Customer the option of testing the diagnostic server together with the diagnostic software for four (4) weeks free of charge.

2.2 Functionality of the diagnostic system

2.2.1 The autoaid diagnostic software is a web-based vehicle diagnostic software that must either (1) be installed on the Customer's end device (PC, laptop or tablet) (2) be provided as Software as a Service (SaaS) or (3) as an app and which, together with the appropriate hardware, enables the Customer to carry out diagnostics for EOBD-compatible vehicles. To do this, the customer must connect their end device to the standardized EOBD interface of the vehicle using the vehicle interface, the purchase of which is governed exclusively by the 'General Terms and Conditions of autoaid GmbH for the Purchase of Hardware'.

2.2.2 The diagnostic system supports the reading of error codes for a large number of vehicle manufacturers, models and control units, resolves them in plain text and, if necessary, can display suggested solutions to the error codes sorted by probability. In addition, autoaid Diagnose supports other diagnostic functions such as deleting error codes, displaying sensor readings, actuator tests, service resets, adjustments and coding. autoaid endeavors to display suitable solution suggestions for the error codes via the diagnostic system. The Customer acknowledges that he cannot reliably assume that the displayed data or suggested solutions are correct and complete. Rather, the diagnostic system is merely an aid for the customer to find the cause of the fault.

2.2.3 The diagnostic system does not cover all vehicle models and variants available on the market. autoaid is endeavoring to gradually increase vehicle coverage. Customers can find out which vehicle models are already covered on the website https://www.myautoaid.com/diagnostic-tools/coverage/. The customer therefore acknowledges that the diagnosis does not work for every car.

2.3 Availability of the diagnostic system

2.3.1 The diagnostics server is available on weekdays - with the exception of German public holidays - from 9:00 am to 6:00 pm ('system runtime'). autoaid guarantees an availability of the diagnostics server during the system runtime of 96% on an annual average (hereinafter 'SLA'). Outside the system runtime, the diagnostic server may be available with delays and failures. The provision of the diagnostic server outside the system runtime is not part of the contract. If maintenance work is required and the diagnostics server is therefore not available during the system runtime, autoaid will inform the Customer of this in good time if possible. Downtimes of the diagnostics server due to maintenance work will not be counted towards the SLAs. autoaid is not responsible for internet/network-related downtimes and in particular not for downtimes during which the diagnostics system cannot be reached via the internet due to technical or other problems that are beyond autoaid's control (e.g. force majeure, fault of third parties, etc.).

2.4 Prerequisites for the use of the diagnostic system

2.4.1 A PC, laptop or tablet with Windows 10 or 11 is required to use the diagnostic system.

2.4.2 For a diagnosis, it is also necessary that the customer has loaded or opened the diagnostic software on his end device (SaaS), has Internet access with at least ADSL 6000/UMTS and also connects the autoaid interface (hardware) to his end device.

2.4.3 The use of the diagnostic system requires the availability of suitable hardware. autoaid provides customers with the necessary hardware, such as the interface, via its website autoaid.de, either for a fee or free of charge (depending on the software license purchased). The autoaid software and the autoaid diagnostics server only work in combination with the appropriate hardware. The purchase of hardware is governed by the separate 'General Terms and Conditions of autoaid GmbH for the Purchase of Hardware'.

2.5 Further development and updates

2.5.1autoaid endeavors to further develop and improve the diagnostic system at regular intervals. However, improvements and further developments of the diagnostic system are made on a voluntary basis and are not part of this contract.

2.5.2 The Customer acknowledges that the installation of all updates is a prerequisite for the trouble-free use of autoaid services.

2.6 Additional services free of charge: autoaid offers additional functions on the diagnostics server free of charge at its own discretion. There is no entitlement to these services. autoaid can terminate such additional services at any time and offer new ones - even temporarily.

3. Granting of rights

3.1 Granting of rights for the diagnostic software and use of the diagnostic server

3.1.1 By concluding this contract, autoaid grants the Customer the non-exclusive, non-sublicensable and non-transferable right, limited to the duration of this contract for the full version of the diagnostic software and limited to four (4) weeks for the trial version, to use the autoaid diagnostic software via a personal autoaid user account in accordance with this contract and the following provisions for fault diagnosis in connection with the diagnostic server:

3.1.2 The customer may only use the diagnostic software and the diagnostic server to diagnose faults in cars. The customer may not temporarily or permanently integrate the diagnostic software in whole or in part into its own software.

3.1.3 The Customer is only permitted to reproduce autoaid diagnostic software to the extent that this is necessary for the contractual use of autoaid. Accordingly, the necessary duplications include the installation of diagnostic software on the mass memory of the hardware used and the loading of autoaid diagnostic software into the working memory. In addition, the Customer may make the necessary number of copies for backup purposes. The backup copies may only be used for purely archival purposes. The Customer may not make any further copies, including outputting the program code to a printer or making copies of the user description or significant parts thereof.

3.1.4 Modification of autoaid diagnostic software by the customer is not permitted.

3.1.5 The retranslation of the provided program code into other code forms (decompilation) and other types of reverse engineering of the various production stages of autoaid diagnostic software are only permitted if they are carried out in order to obtain the information necessary to establish the interoperability of an independently created computer program and this information cannot be obtained elsewhere. The Customer must first request the required information from autoaid.

3.1.6 The Customer is not authorized to permit a third party to use autoaid diagnostic software, including the user description, without the express written permission of autoaid. In particular, the Customer may not sell, temporarily transfer, rent or lend autoaid diagnostic software to third parties. Before destroying, selling or otherwise passing on machine-readable recording media, data storage devices or data processing devices, the Customer shall completely and permanently delete the diagnostic software stored on them. The transfer of the software to third parties who are not granted an independent right of use and who must comply with the will of the customer with regard to the manner of use is permitted. This is generally the case in particular for employees of the customer.

3.1.7 Under no circumstances is the customer entitled to remove, modify or obscure copyright notices, serial numbers or other features serving to identify the program. The same applies to the suppression of the display of corresponding notes and features on the screen.

3.2 Granting of rights of the customer

3.2.1 The Customer grants autoaid an exclusive, permanent, transferable and sublicensable right, unlimited in terms of territory and content, to use, process, make publicly accessible and exploit the results of its diagnoses with autoaid diagnostic software and its feedback for the improvement of autoaid diagnostic software and other autoaid products and services.

3.2.2 Furthermore, the Customer grants autoaid the non-exclusive (simple), permanent, transferable and sub-licensable right, unlimited in terms of territory and content, to make user-generated content publicly accessible and to exploit it within the meaning of section 4.5.

4. Customer obligations

4.1 If autoaid provides updates for autoaid diagnostic software, the Customer is obliged to install these promptly. Without the installation of these updates, error diagnosis in accordance with the contract cannot be guaranteed.

4.2 Prior to the first use, autoaid diagnostic software must be activated via the user account by entering a valid customer number and a valid password. autoaid will send both to the Customer after the order is placed. The Customer may only use the software via this user account.

4.3 The customer is responsible for maintaining the confidentiality of the customer number and password. He shall keep his customer number and password for access secret, not pass them on, not tolerate or allow third parties to gain knowledge of them and take the necessary measures to ensure confidentiality and, in the event of misuse or loss of this information or suspicion thereof, notify autoaid by e-mail to the e-mail address info@autoaid.de.

4.4 The customer is obliged to use the diagnostic system in accordance with the user documentation. autoaid accepts no liability for improper use of the diagnostic system, such as incorrect vehicle selection.

4.5 User-generated contents

4.5.1 The customer is obliged to observe all applicable laws and other legal provisions of the Federal Republic of Germany for all content posted by him. In particular, the Customer may not post and/or disseminate any data or content, such as texts, images, graphics and links, which violate legal provisions, third-party property rights or copyrights or other third-party rights. The Customer is responsible for the data and content provided by him. autoaid does not check the content for accuracy, truthfulness, legality, absence of viruses or virus processing capability.

4.5.2 The customer may only post content if he is authorized to do so, i.e. if the customer is the owner of the rights (in particular copyrights) to the corresponding content or if the rights owner has permitted the customer to use the content.

4.6 Exemption from liability

4.6.1 The Customer shall indemnify autoaid against all claims, including claims for damages, which other Customers or other third parties, including authorities, assert against autoaid due to an infringement of their rights by the content posted by the Customer via autoaid diagnostic software. Furthermore, the Customer shall indemnify autoaid against all claims, including claims for damages, which other Customers or other third parties, including authorities, assert against autoaid due to the infringement of their rights through the use of autoaid Internet Diagnosis+ by the Customer. The Customer shall bear all reasonable costs, including the reasonable costs of legal defense, incurred by autoaid due to an infringement of third-party rights by the Customer. All further rights and claims for damages by autoaid remain unaffected. The Client has the right to prove that autoaid actually incurred lower costs.

4.6.2 The above obligations shall only apply if the customer is responsible for the infringement in question, i.e. if the customer has knowingly or intentionally disregarded the due care required in the course of business.

4.7 Upon termination of this contractual relationship, the Customer is obliged to completely and permanently delete or destroy all copies of autoaid diagnostic software and the user documentation (including printouts) and parts thereof that exist on the Customer's systems or data carriers.

4.8 The Customer is hereby expressly informed that he may not continue to use autoaid diagnostic systems after the end of the contractual relationship and that in the event of non-compliance, he infringes autoaid's copyrights and rights of use.

5. Liability

5.1.1 During the four-week test phase, autoaid's liability is limited to intent and gross negligence or the absence of a guaranteed feature. In the event of intent, autoaid shall be liable in full; in the event of gross negligence and the absence of a guaranteed feature, liability shall be limited to the amount of typical and foreseeable damage. Any further liability is excluded.

5.1.2 The liability according to the Product Liability Act remains unaffected.

5.2 Full version
5.2.1 autoaid Diagnostic Software

5.2.1.1 autoaid's liability for the autoaid diagnostic software is limited to intent and gross negligence or the absence of a guaranteed feature. In the event of intent, autoaid shall be liable in full; in the event of gross negligence and the absence of a guaranteed feature, liability shall be limited to the amount of typical and foreseeable damage. Any further liability is excluded.

5.2.1.2 The liability according to the Product Liability Act remains unaffected.

5.2.2 Diagnostics server

5.2.2.1 When using the diagnostic server, claims for damages by the customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by autoaid, its legal representatives or vicarious agents. Cardinal obligations within the meaning of these GTC are obligations that make the proper execution of the contract and the achievement of its purpose possible in the first place and on the observance of which the Customer may therefore regularly rely.

5.2.2.2 In the event of a breach of material contractual obligations, autoaid shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

5.2.2.3 Claims arising from the Product Liability Act remain unaffected.

5.2.2.4 autoaid shall have no further liability.

5.2.2.5 autoaid is also not liable for the accuracy, quality or completeness of the test results and suggested solutions provided by autoaid diagnostic software.

5.2.2.6 The limitations of clauses 5.2.2.1 and 5.2.2.2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

5.2.2.7 With regards to entrepreneurs, claims due to a liability for damages that are not based on the injury to life, body or health, for which slight negligence is not excluded, the statute of limitations will elapse within one year beginning with the emergence of the claim.

6. Fees and billing for the use of the diagnostic system

6.1 Fees for the purchase of the diagnostic system
The purchase of a package entitles the customer to unlimited use of the diagnostic software including all diagnoses within the period granted in the contract.

6.2 Subscription fees for the use of the diagnostic system
We offer a subscription that enables customers to gain access to vehicle-specific features in the diagnostic software. The specific scope of services depends on the respective vehicle model. Software subscriptions are labeled. If a product is not explicitly marked as 'annual license' or 'yearly license' or 'monthly license', it is not a subscription, but a purchase.

6.2.1 You can view the current prices for a subscription to the diagnostic software here: https://www.myautoaid.com/diagnostic-tools/

6.2.2 If a minimum contract term has been agreed, the subscription is extended by the minimum contract term or a different period if it is not terminated beforehand. Unless otherwise communicated, subscriptions have a minimum contract term of one year. After expiry of the notice period 8.2, the subscription term is automatically extended by a further year, unless otherwise specified. This occurs annually or in the specified billing period (also referred to as a cycle) and until either the Customer or autoaid terminates the subscription contract in due time before the end of the agreed term. In the event of automatic renewal, autoaid will issue the Customer with an invoice for the current offer price for the extended subscription term. There is no entitlement to discounts granted in previous billing periods. autoaid is entitled to change the prices. The changes will be communicated to the customer by e-mail. In the event of price increases, the customer has a special right of termination. The special right of termination can be exercised within a period of 14 days. If no notice of termination is given, we are entitled to collect the subscription fee applicable at that time for the period of renewal, including taxes, via the payment method you have specified. If no or no valid payment details have been entered, you will receive a request to enter your payment details or an invoice. We also reserve the right to terminate your subscription contract if no or no valid payment details are provided.

6.2.3 The subscription contract may begin with a free trial period. The duration will be specified before the subscription is concluded. Unless you cancel your subscription before the end of the free trial period or exercise your right of withdrawal as a consumer, we will charge the fee for the annual period to your payment method at the end of the free trial period. You cannot reactivate the free trial period after canceling.

6.3 The Customer may only offset or assert a right of retention against legally established or undisputed claims. The Customer may only assign claims arising from this contract to third parties with the written consent of autoaid.

7. Delay

7.1 During a delay in payment by the Customer, autoaid is entitled to block access to the diagnostic software. In this case, the Customer remains obliged to pay the monthly fees. The block will only be lifted again when the Customer makes up the payment.

7.2 autoaid reserves the right to assert further claims due to late payment.

8. Contract Period and Termination

8.1. Termination when purchasing the diagnostic system

8.1.1 Customers can terminate their contract with autoaid at any time by requesting the closure of their user account or by terminating the contract with autoaid in writing or by e-mail.

8.1.2 autoaid may terminate the contract of use at any time by giving 30 days' notice to the end of the month in writing or by e-mail. The right to extraordinary termination for good cause remains unaffected.

8.2 Cancellation of diagnostic software subscriptions

The notice period is one month before the end of the annual period for a contract term of one year and 7 days before the end of the monthly period for a contract term of one month. The subscription contract can be terminated in writing or in text form, e.g. by e-mail or via the contact form. The date of receipt by autoaid is relevant for compliance with the notice period. The right to extraordinary termination remains unaffected by this. If product defects occur, the statutory warranty periods apply.

8.3 Consequences of termination

8.3.1 Upon termination, the Customer shall lose all licenses and authorizations to use the autoaid software with immediate effect. The Customer is obliged to cease all use of the software with immediate effect and to immediately remove the software from all hard disks, networks and other storage media and to destroy all copies of the software that are in the possession or under the control of the Customer. Content that the Customer had uploaded to the diagnostic system prior to its termination may, at autoaid's discretion, remain on the diagnostic server as part of autoaid's offering.

8.3.2 If the contract is terminated, the customer is obliged to return the rented end devices to the provider in full. If the rented end devices have not been received by the Provider within 4 weeks of termination of the contractual relationship, or if they are damaged or incomplete, the Provider shall be entitled to invoice the end devices at the purchase price upon conclusion of the contract. The rental fees for up to 6 months shall be deducted from the purchase price at the time the contract is concluded.

9. Right of withdrawal

9.1 As a consumer, you have the following right of withdrawal:

Instructions on withdrawal

Customers can revoke their contractual declaration in text form (e.g. letter, fax, email) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and also not before fulfillment of our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

autoaid GmbH
Helmholtzstr. 2-9
10587 Berlin

Consequences of withdrawal:

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the performance received and benefits (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation and for us when we receive it.

Additional information

Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies.

10.2 If the Customer does not have a general place of jurisdiction in Germany or in another EU member state, or if the Customer has moved his permanent residence abroad after these Terms of Use come into effect, or if his place of residence or usual place of abode is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of autoaid.

10.3 Should individual provisions of these GTC be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining GTC. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.

10.3.1 autoaid reserves the right to amend these GTC, in particular sections 1, 3, 4 and 6, as well as the scope of services. The current version of the GTC can be accessed here www.shop.autoaid.de/produkte/AGB. The customer will be notified of the changes by e-mail at least one month before the planned entry into force of the new version of the GTC. If the Customer does not object to the validity of the new T&Cs within six (6) weeks of them coming into force, the new T&Cs shall be deemed accepted. autoaid shall inform the Customer of the significance of the six-week period and the right to object, as well as the legal consequences of silence, separately and in a suitable form.