Effective Date: 1 November 2024Last Updated: 18 October 2026
1. Introduction and Scope
These Terms and Conditions (“Terms”) govern access to and use of the Awtomated platform and related services (collectively, the “Services”), provided by Octane Tech Labs UG (haftungsbeschränkt), operating under the name Awtomated (“Awtomated”, “we”, “us” or “our”).
By creating an account, purchasing a subscription, signing an order form or otherwise accessing or using the Services, the customer (“Customer”, “you” or “your”) agrees to these Terms.
If you accept these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind that entity. In that case, “Customer” refers to that entity.
If the Customer and Awtomated enter into a separate written agreement or order form, that document takes precedence over these Terms to the extent of any conflict.
2. Definitions
For the purposes of these Terms:
- Account: The registered account used to access the Services.
- Customer Data: Any data, documents, files, content, terminology, translation memories, project information and other materials submitted to, stored in or processed through the Services by or on behalf of the Customer.
- Documentation: User guides, help articles, instructions and other materials made available by Awtomated concerning the Services.
- Enterprise Agreement: A separate written agreement or order form setting out individually agreed commercial or service conditions.
- Subscription: The Customer’s paid right to access and use the Services for the applicable subscription period.
- Subscription Fee: The fees payable for the selected Subscription plan.
- User: An individual authorised by the Customer to access the Services through the Customer’s Account or organisation.
- Third-Party Services: Products, platforms, software or services provided by third parties and used in connection with or integrated into the Services.
3. The Services
Awtomated provides a web-based platform designed to support business operations and workflows, including translation project management and related business processes.
The features available to a Customer depend on the selected Subscription plan, any applicable add-ons, the Customer’s configuration and any separately agreed Enterprise terms.
We may maintain, update, improve or modify the Services from time to time to address security, reliability, usability, technical compatibility, legal requirements or business needs.
We will use reasonable efforts to maintain the availability and functionality of the Services. However, we do not guarantee uninterrupted or error-free operation unless expressly agreed in a separate written agreement.
Certain features may depend on third-party providers, external systems, Customer configurations or information supplied by the Customer.
4. Registration and Accounts
To use the Services, the Customer may be required to create an Account and provide accurate and complete registration and billing information.
The Customer is responsible for:
- Maintaining the confidentiality of login credentials.
- Ensuring that only authorised individuals access the Account.
- Keeping Account and organisation information accurate and up to date.
- Managing User access and permissions.
- Promptly notifying Awtomated of any suspected unauthorised access or security incident affecting the Account.
The Customer is responsible for activities performed through its Account, except to the extent that applicable law provides otherwise or the activities result from Awtomated’s own breach of its obligations.
Awtomated may require reasonable verification of Account information where necessary for security, billing, fraud prevention or compliance purposes.
Accounts must not be created using false information or for unlawful purposes.
5. Customer Responsibilities and Acceptable Use
The Customer must use the Services in accordance with these Terms, applicable laws and any reasonable technical or usage instructions provided by Awtomated.
The Customer must not:
- Use the Services for unlawful, fraudulent or infringing activities.
- Attempt to gain unauthorised access to the Services, other Accounts or underlying systems.
- Interfere with the security, integrity or operation of the Services.
- Introduce malicious code or attempt to compromise the Services.
- Reverse engineer, decompile or disassemble the Services except where such restriction is prohibited by applicable law.
- Copy, resell, sublicense or commercially exploit the Services except as expressly permitted by Awtomated or applicable law.
- Circumvent technical restrictions, access controls or Subscription limits.
- Use the Services to transmit content that infringes third-party rights or violates applicable law.
The Customer is responsible for ensuring that it has the necessary rights, permissions and legal grounds to submit Customer Data to the Services and to permit its processing as contemplated by these Terms.
The Customer is also responsible for reviewing the accuracy and suitability of outputs generated through the Services before relying on, delivering or publishing them.
6. Subscription Plans and Licence Rights
Awtomated offers paid access to the Services through the following commercial arrangements:
6.1 SaaS Subscription
The standard SaaS Subscription is priced at €19 per User per month, equivalent to €228 per User per year when billed annually.
The applicable plan, included features, number of Users and any additional charges will be displayed during checkout or specified in the applicable order confirmation.
6.2 Enterprise Subscription
Enterprise arrangements may be offered under individually agreed commercial and service conditions. The applicable fees, scope, Subscription period and other conditions will be set out in the relevant Enterprise Agreement or order form.
6.3 Licence Grant
Subject to payment of applicable fees and compliance with these Terms, Awtomated grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services during the applicable Subscription period for the Customer’s internal business operations.
The Customer may permit its authorised Users to use the Services within the scope of the purchased Subscription.
The Customer does not acquire ownership of the Services, their underlying software or any associated intellectual property rights.
6.4 Usage Limits
The Customer must comply with the User limits, feature restrictions and other usage conditions applicable to its Subscription plan or Enterprise Agreement.
Additional Users, features or services may require an upgrade or additional fees.
7. Pricing, Billing and Payment
7.1 Subscription Fees
The standard SaaS price is €19 per User per month, equivalent to €228 per User per year when billed annually.
Unless otherwise stated at checkout or agreed in writing, the standard SaaS Subscription is billed annually in advance.
Monthly billing may be available where expressly offered at checkout or separately agreed in writing.
Enterprise pricing and any individually agreed payment arrangements are governed by the applicable Enterprise Agreement or order form.
All applicable prices, taxes and additional charges will be presented during checkout or in the relevant agreement, as applicable.
7.2 Taxes
Unless expressly stated otherwise, prices are exclusive of applicable taxes, including value-added tax (VAT).
The Customer is responsible for applicable taxes, duties or similar governmental charges relating to the purchase of the Services, except for taxes imposed on Awtomated’s income.
Where required by law, applicable taxes will be calculated and charged as part of the transaction.
7.3 Payment Authorisation
The Customer authorises the collection of applicable Subscription Fees through the payment method selected during checkout or otherwise agreed in writing.
For recurring Subscriptions, the Customer authorises the applicable recurring charges in accordance with the selected billing schedule and the payment method’s applicable terms.
7.4 Failed or Overdue Payments
If a payment fails or cannot be collected, the Customer must promptly update its payment details or arrange payment using an available method.
Where legally permitted, Awtomated may restrict or suspend access to the Services if payment remains outstanding after reasonable notice and an opportunity to remedy the failure.
Any recovery of overdue amounts, interest or reasonable collection costs will be subject to applicable law.
7.5 Registration, Invoicing and Payment Methods
Customers may register for the Services, select a Subscription plan and manage their subscription through the Awtomated platform.
All subscription payments are processed by Stripe, Awtomated’s integrated payment service provider. The payment methods available to the Customer are displayed during checkout and may vary depending on the Customer’s location, currency, Subscription plan and other applicable conditions.
By completing a purchase, the Customer authorises the applicable payment transactions in accordance with the selected payment method and the applicable terms of the payment provider.
Invoices and payment confirmations for subscription payments are issued and sent by Stripe in accordance with the applicable billing process. The Customer is responsible for providing accurate billing information and keeping it up to date.
For Enterprise Subscriptions or other arrangements agreed separately in writing, the applicable order form or agreement may specify different invoicing and payment procedures.
Unless otherwise stated in the applicable order confirmation or written agreement, Subscription Fees are payable according to the billing schedule selected at checkout or otherwise agreed in writing.
7.6 Price Changes
Awtomated may change its prices from time to time.
Any price change affecting an existing Subscription will be communicated in advance and will take effect no earlier than the start of the next applicable renewal period, unless otherwise agreed or permitted by applicable law.
If the Customer does not accept a price change, the Customer may cancel the Subscription in accordance with Section 8 before the change takes effect.
8. Subscription Period, Renewal and Cancellation
8.1 Subscription Period
The Subscription period, billing frequency and renewal date are specified during checkout or in the applicable Enterprise Agreement.
8.2 Renewal
Unless otherwise stated in the applicable agreement or checkout terms, a Subscription will renew for the applicable renewal period unless cancelled before renewal.
Any applicable renewal conditions and cancellation deadlines must be presented to the Customer during purchase or in the relevant agreement.
8.3 Cancellation by the Customer
The Customer may cancel its Subscription through the available subscription-management functionality or by contacting Awtomated using the contact details in Section 22.
Where the Subscription is billed annually, cancellation will generally prevent renewal at the end of the current paid period. The Customer may continue using the Services until that period expires, unless access is terminated earlier in accordance with these Terms or applicable law.
Cancellation does not automatically entitle the Customer to a refund for a partially used Subscription period, except where required by applicable law or expressly agreed in writing.
8.4 Termination for Cause
Either party may terminate the contractual relationship where the other party commits a material breach and fails to remedy that breach within a reasonable period after receiving written notice, where the breach is capable of remedy.
Either party may terminate the contractual relationship with immediate effect where permitted by applicable law, including where a material breach cannot reasonably be remedied.
Termination rights under mandatory law remain unaffected.
8.5 Effects of Expiration or Termination
Upon expiration or termination of a Subscription, the Customer’s right to access and use the relevant Services ends, subject to any applicable contractual or legal rights.
The Customer remains responsible for fees incurred up to the effective date of termination and any other amounts lawfully due.
Data export, retention and deletion are addressed in Section 9 and in any applicable Data Processing Agreement.
9. Customer Data, Ownership and Data Export
9.1 Customer Ownership
As between Awtomated and the Customer, the Customer retains its rights in Customer Data.
The Customer grants Awtomated a limited right to host, reproduce, transmit, process and otherwise use Customer Data only as reasonably necessary to provide, maintain, secure and support the Services, comply with legal obligations and perform the contractual relationship.
9.2 Customer Responsibility for Data
The Customer is responsible for the lawfulness, accuracy, quality and integrity of Customer Data and for ensuring that it has the rights and permissions required for its use within the Services.
The Customer should maintain appropriate copies or backups of important information where appropriate for its business operations.
9.3 Data Export
Where export functionality is available, the Customer may use it to export supported Customer Data during the Subscription period.
After expiration or termination, the Customer should export its data before access ends. Any post-termination access or assistance will be subject to the capabilities of the Services, applicable data protection requirements and any separate written agreement.
9.4 Retention and Deletion
Following termination, Awtomated may delete or render inaccessible Customer Data in accordance with its retention practices, applicable legal obligations and any applicable Data Processing Agreement.
Where legally required, or where otherwise agreed in writing, Awtomated will retain or delete data in accordance with those requirements.
Nothing in this section limits rights or obligations that apply under mandatory data protection law.
10. Intellectual Property
Awtomated and its licensors retain all rights, title and interest in and to the Services, including the software, source code, interfaces, designs, workflows, documentation, trademarks, logos and related intellectual property, except for Customer Data and third-party materials.
These Terms do not transfer ownership of any intellectual property rights to the Customer.
The Customer may not use Awtomated’s name, trademarks or branding in a manner that suggests endorsement, affiliation or authorisation without prior written permission, except where permitted by law.
Feedback, suggestions or ideas voluntarily provided by the Customer may be used by Awtomated to improve the Services without restriction or compensation, provided that this does not transfer ownership of Customer Data or disclose the Customer’s Confidential Information.
Nothing in these Terms restricts rights that cannot legally be excluded.
11. Third-Party Services, Integrations and AI Features
The Services may allow the Customer to connect to or use Third-Party Services, including external software, cloud platforms, payment services, machine translation providers or artificial intelligence services.
Third-Party Services may be governed by their own terms, privacy policies and technical requirements. The Customer is responsible for reviewing and complying with those terms where applicable.
Awtomated is not responsible for the independent operation, availability, policies or performance of Third-Party Services to the extent those matters are outside Awtomated’s reasonable control. This does not exclude liability that cannot be excluded under applicable law.
The availability of integrations may depend on third-party APIs, permissions, technical changes, service limits or decisions made by the relevant provider.
Where the Customer enables AI-assisted or machine-generated functionality, outputs may contain errors, omissions, inaccuracies or inappropriate results. Such outputs should be reviewed by qualified personnel before they are relied upon or delivered to a third party.
The Customer is responsible for determining whether its use of AI-assisted functionality is appropriate for its purposes and complies with applicable legal, contractual, confidentiality and data protection obligations.
Customer Data will be processed through third-party services only as applicable to the enabled functionality and subject to the relevant contractual and privacy arrangements.
12. Suspension of Services
Awtomated may temporarily suspend or restrict access to all or part of the Services where reasonably necessary to:
- Protect the security, integrity or availability of the Services.
- Prevent unauthorised access, fraud or unlawful activity.
- Address a material breach of these Terms.
- Respond to a legal or regulatory requirement.
- Address a failure to pay Subscription Fees, subject to applicable law and reasonable notice where required.
Where reasonably practicable, Awtomated will notify the Customer of the reason for suspension and provide an opportunity to resolve the issue.
Awtomated will use reasonable efforts to limit the scope and duration of a suspension and restore access when the reason for suspension has been resolved.
This section does not limit any rights or remedies available under applicable law.
13. Confidentiality
Each party may receive non-public business, technical, financial or other information from the other party in connection with the Services (“Confidential Information”).
The receiving party must:
- Use Confidential Information only for purposes connected with the contractual relationship.
- Protect it using reasonable measures.
- Disclose it only to personnel, professional advisers and service providers who need to know it and are subject to appropriate confidentiality obligations.
- Not disclose it to other parties except with permission or where legally required.
Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach of an obligation, was lawfully known to it before disclosure, was independently developed without use of the Confidential Information or was lawfully obtained from a third party without a confidentiality restriction.
If disclosure is required by law, the receiving party may disclose the required information and, where legally permitted, will provide advance notice to the disclosing party.
These confidentiality obligations continue after termination for as long as the information remains confidential, subject to applicable law.
14. Data Protection and Security
Each party will comply with the data protection laws applicable to its role and activities, including the EU General Data Protection Regulation (GDPR), where applicable.
Where Awtomated processes personal data on behalf of the Customer as a processor, the parties will enter into or rely on an applicable Data Processing Agreement that sets out the relevant processing terms.
The Customer is responsible for ensuring that it has a lawful basis for processing personal data through the Services and for providing any required notices or obtaining any required consents.
Awtomated will implement technical and organisational measures designed to protect Customer Data against unauthorised or unlawful processing, accidental loss, destruction or damage, taking into account the nature of the data and the risks involved.
No method of electronic storage or transmission is completely secure. Accordingly, Awtomated cannot guarantee absolute security.
The parties will cooperate as reasonably necessary to address personal data incidents, data subject requests and other applicable legal obligations in accordance with their respective responsibilities.
Further information about personal data processing may be provided in Awtomated’s Privacy Policy and any applicable Data Processing Agreement.
15. Warranties and Disclaimers
Awtomated will provide the Services with reasonable care and skill and will use reasonable efforts to maintain their functionality in accordance with the applicable Subscription plan and Documentation.
The Customer acknowledges that software services may experience interruptions, errors, delays or compatibility issues and that some functionality may depend on third-party systems.
Except for express commitments in these Terms or a separate written agreement, the Services are provided subject to the limitations permitted by applicable law.
Awtomated does not warrant that the Services will meet every specific business requirement of the Customer, that all errors will be corrected immediately or that every output generated by the Services will be accurate, complete or suitable for a particular purpose.
The Customer remains responsible for evaluating the suitability of the Services for its business and for independently reviewing material outputs and decisions made using the Services.
Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited.
16. Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Awtomated shall be liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body or health, and in any other circumstances where mandatory law requires unlimited liability.
In cases of slight negligence, Awtomated shall be liable only for breach of a material contractual obligation. A material contractual obligation is an obligation whose performance is essential to the proper performance of the contract and on whose fulfilment the Customer may ordinarily rely.
In such cases, liability shall be limited to the foreseeable damage typical for the contract at the time it was entered into, to the extent permitted by applicable law.
Where legally permissible, Awtomated shall not be liable for indirect or consequential losses, loss of profits, loss of anticipated savings, loss of business opportunities or loss of goodwill, except to the extent such losses are recoverable under mandatory law or arise from a category of liability that cannot be excluded.
The above limitations also apply for the benefit of Awtomated’s employees, representatives and agents to the extent permitted by law.
The parties’ statutory rights and remedies remain unaffected.
17. Indemnification
The Customer is responsible for ensuring that its use of the Services and its Customer Data comply with applicable law and do not infringe third-party rights.
To the extent permitted by applicable law, the Customer shall indemnify Awtomated against third-party claims, losses and reasonable costs arising from the Customer’s unlawful use of the Services, infringement of third-party rights through Customer Data, or material breach of these Terms.
This obligation does not apply to the extent a claim results from Awtomated’s own breach, negligence or unlawful conduct.
Awtomated will notify the Customer within a reasonable time of any claim for which indemnification is sought, provide reasonable cooperation and allow the Customer to participate in the defence, provided that no settlement may impose an obligation or admission on Awtomated without its consent.
Nothing in this section excludes or limits rights or liabilities that cannot lawfully be excluded or limited.
18. Changes to These Terms
Awtomated may update these Terms from time to time where reasonably necessary due to changes in the Services, business operations, security requirements or applicable law.
Where a change materially affects the Customer’s rights or obligations, Awtomated will provide reasonable advance notice through the platform, by email or by another appropriate method, where required by applicable law.
Where required by law, material changes will take effect only after the Customer has provided the necessary consent or the applicable legal requirements have otherwise been satisfied.
If the Customer does not agree to a material change, the Customer may exercise any cancellation or other rights available under the applicable agreement and law.
The updated version will identify its revision date. Continued use of the Services will constitute acceptance of changes only to the extent such acceptance is legally effective under applicable law.
19. Force Majeure
Neither party shall be liable for a delay or failure to perform an obligation to the extent it is caused by circumstances beyond that party’s reasonable control and which could not reasonably have been prevented or overcome.
Such circumstances may include natural disasters, war, terrorism, civil unrest, widespread telecommunications or power failures, government actions, epidemics, industrial disputes or major disruptions to essential third-party infrastructure.
The affected party will use reasonable efforts to mitigate the effects and resume performance as soon as reasonably practicable.
This section does not excuse payment obligations for Services already provided or limit rights that cannot be excluded under applicable law.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods, to the extent applicable.
Where the Customer is a merchant, a legal entity under public law or a special fund under public law, and to the extent legally permissible, the courts having jurisdiction at Awtomated’s registered office shall have jurisdiction over disputes arising out of or in connection with these Terms.
For Customers who are consumers, mandatory consumer protection provisions and statutory rules on jurisdiction remain unaffected.
Nothing in this section deprives a consumer of any protection or forum available under mandatory law.
21. General Provisions
21.1 Entire Agreement
These Terms, together with any applicable order form, Enterprise Agreement, Data Processing Agreement and other documents expressly incorporated by reference, constitute the agreement between the parties concerning the Services and supersede prior agreements on the same subject matter, subject to any mandatory legal requirements.
21.2 Severability
If any provision of these Terms is found invalid, unlawful or unenforceable, the remaining provisions will remain in effect to the extent permitted by law. The parties’ statutory rights and remedies remain unaffected.
21.3 No Waiver
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
21.4 Assignment
The Customer may not assign or transfer its rights or obligations under these Terms without Awtomated’s prior written consent, except where such restriction is prohibited by law.
Awtomated may transfer its rights and obligations as part of a corporate reorganisation, merger, acquisition or transfer of the relevant business, subject to applicable law and provided that the Customer’s mandatory rights are not adversely affected.
21.5 No Partnership
Nothing in these Terms creates a partnership, joint venture, employment relationship or agency relationship between the parties.
21.6 Language
These Terms are drafted in English. If they are translated into another language, the applicable agreement or mandatory law will determine which version prevails in the event of a conflict.
21.7 Notices
Notices relating to the Services may be provided through the platform, by email or through other reasonable communication channels. Formal notices concerning termination or legal claims should be sent using the contact details specified in these Terms or in the applicable agreement.
22. Contact Information
For questions about these Terms, the Services or contractual matters, please contact:
Octane Tech Labs UG (haftungsbeschränkt)Trading as Awtomated
Website: https://awtomated.comEmail: [email protected]Address: The Delta Campus, Donaustraße 44, 12043 Berlin, Germany
