Terms and conditions.

Contents

1. A 1. Scope of the terms of use
2. A 2. Content and purpose of the website
3. A 3. Availability and changes
4. A 4. Rights of use and copyright
5. A 5. Obligations of users
6. A 6. Contact form and communication
7. A 7. Liability for the website
8. A 8. External links
9. B 1. Scope of the general terms and conditions
10. B 2. Conclusion of contract
11. B 3. Services of the grouping
12. B 4. Rental of machinery, equipment and vehicles
13. B 5. Project and other services
14. B 6. Prices, contributions and payment
15. B 7. Duties to cooperate
16. B 8. Warranty
17. B 9. Liability
18. B 10. Retention of title and rights in work results
19. B 11. Confidentiality and data protection
20. B 12. Term and termination
21. B 13. Dispute resolution, governing law, jurisdiction
22. B 14. Final provisions

Part A — Terms of use for the website digihap.tech

A 1. Scope

These terms of use govern the visit to and use of the website digihap.tech including all sub-pages in German and English (the “website”). The website is operated by DigiHap EWIV, Friedrich-List-Platz 1, 04103 Leipzig, Germany (“we” or the “grouping”; see the legal notice). By accessing the website you accept these terms of use. If you do not agree with them, please refrain from using the website.

A 2. Content and purpose of the website

The website provides information about the grouping, its legal form, its services for members and the path to membership. It is an information service; no goods or services are sold, no contracts are concluded and no memberships are established through the website. In particular, the content does not constitute financial, investment, tax or legal advice and is not an offer to participate in any investment. Statements on liability, taxation and legal form describe the statutory framework in general and simplified terms; for your specific situation please consult your own tax and legal advisers.

We endeavour to keep the content accurate and up to date, but we do not warrant its accuracy, completeness or currency. Only the statutes of the grouping, the resolutions of its bodies and individually concluded contracts are binding.

A 3. Availability and changes

We endeavour to keep the website available without interruption but do not owe uninterrupted availability. Maintenance, security measures, technical faults or circumstances beyond our control may lead to restrictions. We are entitled to change, supplement or discontinue content, functions and these terms of use at any time. The version published on the website at the relevant time applies.

A 4. Rights of use and copyright

All content on the website — texts, graphics, design, the word mark “digihap.” and source code — is protected by copyright and trademark law (see the legal notice). You may access, view and print the website for information purposes and save pages for your own non-commercial use. Any further use — in particular reproduction, distribution, adaptation, translation, making available to the public, embedding in other services (framing) or automated extraction (scraping) for commercial purposes — requires our prior written consent. Links to the home page are welcome; deep links to individual pages are permitted provided the context is not misleading.

A 5. Obligations of users

You undertake not to misuse the website. The following in particular are prohibited: interference with the technical infrastructure, circumvention of security measures, automated bulk requests, the introduction of malicious code, and the sending of unlawful, offensive or deceptive content via the contact form. We reserve the right to technically restrict or block abusive access and to pursue infringements.

A 6. Contact form and communication

You may send enquiries to us via the contact form and the e-mail address provided. Receipt of an enquiry does not create a contract or any entitlement to a reply or to admission to the grouping; we reply within two working days where possible. The processing of your details is described in the privacy policy. Please do not transmit particularly sensitive data via the form (such as bank details, identity documents or health information).

A 7. Liability for the website

For damage arising from the use of the website, which is provided free of charge, we are liable only in cases of intent and gross negligence and for culpable injury to life, body or health. Otherwise liability is excluded to the extent permitted by law. Liability under mandatory statutory provisions remains unaffected. We are not liable for damage caused by the use or unavailability of the website, by transmission errors, by third-party malware or by decisions you take on the basis of the content of this website.

A 8. External links

Where the website refers to third-party services, the section “Liability for links” in the legal notice applies. The respective provider is responsible for the content of linked pages.

Part B — General terms and conditions of DigiHap EWIV

B 1. Scope

(1) These general terms and conditions (“GTC”) apply to all contracts concluded by DigiHap EWIV (the “grouping”) with its members, associated members and other business partners concerning services of the grouping — in particular the rental of machinery, equipment, vehicles and other movable property, project, service and administrative services, and the provision of premises and infrastructure.

(2) The grouping concludes contracts exclusively with entrepreneurs (Section 14 BGB), legal entities under public law and special funds under public law. Consumers (Section 13 BGB) are excluded from the range of services.

(3) For members, the statutes of the grouping and the resolutions of the general meeting take precedence (for example on contributions, levies and the use of joint funds). These GTC supplement the statutes and yield to them where they conflict.

(4) Deviating, conflicting or supplementary terms of the contracting partner become part of the contract only if the grouping has expressly agreed to them in writing. This also applies where the grouping performs services without reservation while aware of such terms.

B 2. Conclusion of contract

(1) Presentations on the website and in documents of the grouping are non-binding and do not constitute an offer. A contract is concluded only upon written or electronic confirmation by the grouping (text form such as e-mail is sufficient) or upon performance of the service.

(2) Admission to the grouping is governed exclusively by the statutes; it requires a unanimous resolution of the members and registration in the commercial register. Associated membership is established by a contract under private law with the grouping.

(3) The management of the grouping acts within the budget adopted by the general meeting. Commitments exceeding that budget require a resolution of the general meeting.

B 3. Services of the grouping

(1) The nature, scope and remuneration of the service follow from the individual contract, the order confirmation or the underlying resolution. The grouping performs its services as an ancillary activity to the economic activities of its members (Article 3 of Regulation (EEC) No 2137/85); it does not exercise any power of management or control over the activities of its members.

(2) The grouping is entitled to engage third parties, in particular its members, to perform its services.

(3) The grouping does not provide tax advice, legal advice, investment advice or any other advisory or financial services requiring a licence. Information on tax or legal matters is general information; the contracting partner obtains its own professional advice for its decisions.

B 4. Rental of machinery, equipment and vehicles

(1) Rented item and handover. The rented item is handed over in the agreed, operational condition. The hirer inspects the rented item on handover and notifies any apparent defects without delay, at the latest within two working days, in text form; handover and return reports are binding on both parties unless they contain obvious errors.

(2) Use. The hirer may use the rented item only for its intended purpose, in compliance with the manufacturer's operating, safety and maintenance instructions and with statutory provisions, and only through suitable, trained personnel. Sub-letting, transfer to third parties, relocation of the place of use abroad and technical modifications require the prior consent of the grouping in text form.

(3) Care, maintenance, consumables. The hirer shall treat the rented item with care, protect it against theft, weather and unauthorised access and carry out routine care. Major maintenance and repairs are carried out or arranged by the grouping; the hirer reports faults, damage and accidents without delay. Operating fluids, consumables and wearing parts are borne by the hirer unless otherwise agreed.

(4) Insurance and risk. The risk of accidental destruction, loss and damage passes to the hirer from handover until return. Where the grouping maintains machinery or comprehensive insurance, the hirer bears the agreed excess and the cost of uninsured damage; otherwise the hirer is obliged to insure the rented item adequately unless otherwise agreed.

(5) Return. The rented item is to be returned at the agreed time, complete, cleaned and in the condition to be expected after use in accordance with the contract. In the event of late return the hirer owes the agreed rent for the period of withholding; further claims remain unaffected. Damage beyond normal wear and tear is repaired at the hirer's expense.

(6) Invoicing. Rentals are invoiced on a daily, weekly or project basis in accordance with the agreed price list. The grouping may assign invoicing to a collection service provider where this has been agreed.

B 5. Project and other services

(1) For project, administrative, brokerage and other services the grouping owes the agreed activity in accordance with the state of the art and with the diligence of a prudent businessperson; a specific economic result is owed only where it has been expressly agreed as a work performance.

(2) Scope of services, milestones, deadlines and remuneration are set out in the individual contract. Deadlines are binding only if expressly designated as such; they are extended appropriately if the contracting partner breaches its duties to cooperate or if circumstances beyond the grouping's control occur.

(3) Bidding consortia, joint project offices and joint ventures of several members are governed by separate agreements; these GTC apply in addition.

B 6. Prices, contributions and payment

(1) The prices set out in the individual contract, the price list or the resolution of the general meeting apply, in each case plus statutory value added tax where applicable. Membership contributions, special levies and admission fees are governed by the statutes and the resolutions of the general meeting.

(2) Invoices are due for payment without deduction within 14 days of receipt unless otherwise agreed. In the event of late payment, statutory default interest (Section 288 (2) BGB) and the lump-sum compensation under Section 288 (5) BGB apply.

(3) The grouping may require reasonable advance payments or security (deposit), in particular for the rental of high-value items. Set-off is permitted only with undisputed claims or claims established by final judgment; rights of retention exist only under the same contractual relationship.

B 7. Duties to cooperate

The contracting partner provides the information, documents, access and decisions required for the service in good time, names a contact person and creates the conditions for handover, use and return of rented items (for example access, parking or storage space, power supply, permits). Delays and additional costs resulting from a failure to cooperate are borne by the contracting partner.

B 8. Warranty

(1) In the event of defects in the service, the contracting partner is first entitled to subsequent performance (rectification or replacement at the grouping's option). If subsequent performance fails, the contracting partner may reduce the remuneration or — in the case of material defects — withdraw from or terminate the contract.

(2) Obvious defects must be notified in text form without delay, at the latest within five working days of handover or acceptance; otherwise the service is deemed approved (Section 377 of the German Commercial Code, HGB, applied accordingly). The warranty period is twelve months from handover or acceptance unless mandatory law provides for a longer period.

(3) Impairments caused by improper use, neglected care, interventions by the contracting partner or third parties, normal wear and tear, and external influences not contemplated by the contract do not constitute defects.

B 9. Liability

(1) The grouping is liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, under the German Product Liability Act and to the extent of any guarantee assumed.

(2) In the event of a slightly negligent breach of material contractual obligations — that is, obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the contracting partner may regularly rely — liability is limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.

(3) Liability for indirect damage, loss of profit, production downtime and loss of data is excluded unless paragraph 1 applies. The grouping is liable for the recovery of data only if the contracting partner has made proper data backups.

(4) The limitations of liability also apply to the personal liability of the bodies, members, employees and agents of the grouping. The statutory liability of the members of the grouping towards third parties under Article 24 of Regulation (EEC) No 2137/85 remains unaffected.

(5) The contracting partner is liable to the grouping for damage to rented items and for third-party claims arising from its use in accordance with statutory provisions and indemnifies the grouping accordingly.

B 10. Retention of title and rights in work results

(1) Rented items remain the property of the grouping. The hirer may neither sell, pledge nor transfer them by way of security; any third-party action (attachment, seizure) must be reported to the grouping without delay. In the case of sales, the grouping retains title until payment in full.

(2) Upon payment in full, the contracting partner receives a simple, perpetual right to use work results, concepts and documents from project and other services for the purpose provided for in the contract. Further rights, in particular in trademarks, patents, licences and franchise systems held by the grouping for its members, are governed by the respective agreements.

B 11. Confidentiality and data protection

(1) The contracting parties treat all information obtained in the course of the cooperation that is marked as confidential or recognisably constitutes a trade secret as confidential and use it only for the purposes of the contract. This obligation continues for three years after the end of the contract; statutory disclosure obligations remain unaffected.

(2) The grouping processes personal data in accordance with the GDPR. The privacy policy applies to the website; for contractual relationships the grouping provides separate information. Where the grouping processes personal data on behalf of a contracting partner, the parties conclude an agreement pursuant to Article 28 GDPR.

B 12. Term and termination

(1) Rental contracts end on expiry of the agreed rental period; open-ended rental contracts may be terminated by either party with two weeks' notice to the end of a week unless otherwise agreed. Continuing obligations for services may be terminated with three months' notice to the end of a quarter.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the grouping in particular where the contracting partner is in arrears with payments equal to two monthly instalments, uses rented items contrary to the contract or makes them available to third parties, or where insolvency proceedings are applied for in respect of its assets.

(3) Termination of membership is governed exclusively by the statutes (notice of six months to the end of the year; earlier withdrawal by unanimous resolution).

B 13. Dispute resolution, governing law, jurisdiction

(1) In the event of disagreements the parties first seek an amicable solution. With members, the sequence provided for in the statutes applies: mediation first, then arbitration.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law; the directly applicable provisions of Regulation (EEC) No 2137/85 remain unaffected.

(3) The exclusive place of jurisdiction for all disputes arising from or in connection with contracts under these GTC is Leipzig, provided the contracting partner is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. The grouping remains entitled to bring an action at the contracting partner's general place of jurisdiction.

(4) The grouping is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board; it does not conclude contracts with consumers.

B 14. Final provisions

(1) Amendments and additions to a contract and to these GTC must be made in text form. The grouping may amend these GTC for future contracts; for ongoing continuing obligations, amendments take effect if they are communicated to the contracting partner in text form and the partner does not object within six weeks; the communication will draw attention to this consequence.

(2) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions is unaffected. The statutory provision applies in place of the invalid provision.

(3) These GTC are available in German and English; in the event of discrepancies the German version prevails. The contractual and working language of the grouping is German.

Last updated: September 2026