Terms of Use for the Abas Apps (Framework Terms)

CCSchwarz GmbH, Drosselweg 7, 76774 Leimersheim, Germany

CCSchwarz GmbH (“CCSchwarz”, “we”, “us”) develops and distributes mobile software applications designed as add-ons to the Abas ERP software distributed by Forterro Abas Deutschland GmbH (each an “App”). These Terms of Use govern the legal relationship between CCSchwarz, on the one hand, and the Customer and its Users, on the other hand, in connection with the provision and use of an App. Which App is the subject matter of the agreement in the individual case, and which product-specific provisions apply to it, is set out in the respective Product Annex and the Order.

Section 1 Definitions

• Customer: the business that enters into an agreement with CCSchwarz for the use of an App.
• User: the natural persons authorized by the Customer to use the App within the scope of the licenses acquired or activated from time to time. The typical group of Users of the respective App is described in the Product Annex.
• App: the software application of CCSchwarz GmbH designated in the respective Product Annex, in its respective current version made available to the Customer and its Users, including the associated documentation.
• Product Annex: the annex to these Terms of Use which, for a specific App, sets out its purpose and scope of functions, the technical requirements, and any provisions deviating from or supplementing these Terms of Use.
• Device: a single (including mobile) end device of the Customer or a User for which a license to use the App has been acquired and which has been activated in the Customer Portal.
• Customer Portal: the online portal operated by CCSchwarz through which Devices are registered and activated, licenses are managed, and the App is configured.
• Component: an optional, separately licensable functional module of the App that extends its scope of functions, in particular by adding individual fields to the App’s screens or by adding new objects (database objects or info systems from Abas ERP) to the App. The Components available for an App are set out in the respective Product Annex or the Order.
• Abas ERP: the ERP software of Forterro Abas Deutschland GmbH, which the Customer separately and independently subscribes to or acquires from Forterro Abas Deutschland GmbH and which is not the subject matter of these Terms of Use.
• Order: the individual agreement between CCSchwarz and the Customer, covering in particular the App, the number of licensed Devices, any Components added, the fees, and any minimum contract term.

Section 2 Subject Matter

(1) These Terms of Use govern the provision, against payment and for a period limited to the contract term, of the App for use by the Customer and the Users authorized by it.

(2) The purpose and scope of functions of the App are set out in the respective Product Annex.

(3) The App is designed as an add-on to Abas ERP. Through an interface, data can be imported from Abas ERP into the App and, to the extent provided for in the Product Annex, data can be exported from the App back into Abas ERP. The App may only be used as an add-on to the versions of Abas ERP specified in the Product Annex; it is not compatible with earlier versions of Abas ERP.

(4) The acquisition, subscription, and operation of Abas ERP are not the subject matter of these Terms of Use nor of the contractual relationship between CCSchwarz and the Customer. It is the Customer’s responsibility to maintain a separate contractual relationship with Forterro Abas Deutschland GmbH in this regard.

(5) The App is not operated as a cloud service. It is made available to the Customer or the Users for download after acquisition of the respective temporary license and may be installed and used on the (including mobile) end devices of the Customer or the Users during the contract term. The Customer’s operational data processed via the App is held on the Devices and in the Customer’s Abas ERP installation; CCSchwarz does not maintain any central data storage for this purpose. Whether use of the App requires an existing data connection to the Customer’s Abas ERP installation is set out in the Product Annex.

(6) Licenses are acquired per Device. A Device is activated by registering it in the Customer Portal; the license is bound to the respective registered Device.

(7) These Terms of Use apply not only in the relationship between CCSchwarz and the Customer, but also directly in the relationship between CCSchwarz and the Users. By downloading, installing, or activating the App, the respective User agrees to be bound by these Terms of Use, including the Product Annex, vis-à-vis CCSchwarz.

(8) The Customer may optionally extend the App with individual Components to the extent that the Product Annex or the Order provides for such Components. Components must always be acquired for all Devices licensed by the Customer; the number of Component units to be licensed results from the number of Components selected by the Customer multiplied by the number of licensed Devices. For example, if the Customer adds two Components for three licensed Devices, a total of six Component units will be charged (Section 6(2)).

Section 3 Conclusion of Contract, Orders, Order of Precedence

(1) The agreement for the use of the App is concluded by way of a separate Order placed by the Customer and its acceptance by CCSchwarz.

(2) The respective Order sets out, in particular, the App, the number of Devices to be activated, any Components added by the Customer, the fees, and any minimum contract term. If an Order does not specify a minimum contract term, a minimum contract term of one month (in the case of monthly payment) or one year (in the case of annual payment) from the commencement of the agreement shall apply, depending on the payment frequency selected pursuant to Section 6(3) (Section 7(1)).

(3) The Product Annex of the respective App forms an integral part of these Terms of Use. In the event of any conflict, the following order of precedence applies: (a) the Order, (b) the Product Annex, (c) these Framework Terms.

Section 4 Grant of Rights of Use

(1) For the duration of the contract term, CCSchwarz grants the Customer a simple, non-exclusive, and non-transferable right to use the App to the agreed extent, in particular through the agreed number of activated Devices and any Components added pursuant to Section 2(8).

(2) The right of use includes the acts of reproduction required for the intended use of the App, in particular installation on the Users’ end devices and the loading operations into working memory necessary to run the App.

(3) The Customer is not entitled to make the App available for use to third parties who are not Users within the meaning of these Terms of Use, or to rent, lease, sublicense, or otherwise make it accessible to third parties, whether for consideration or free of charge.

(4) The App may only be used in connection with an active instance of Abas ERP separately licensed by the Customer, to the extent that the functions of the App being used require such a connection.

(5) Decompilation, reverse engineering, or any other form of reverse development of the App is only permitted to the extent allowed by law pursuant to Section 69e of the German Copyright Act (Urheberrechtsgesetz, “UrhG”).

(6) Upon termination of the agreement, the right of use of the Customer and the Users authorized by it in the App ends in full; Section 7(6) remains unaffected.

Section 5 Provision, Updates, and Adaptation of the App

(1) CCSchwarz makes the App available for download after the respective license has been acquired. Installation on the end devices is the responsibility of the Customer or the Users authorized by it.

(2) If, as a result of an update to Abas ERP, the requirements for the interface between the App and Abas ERP change, CCSchwarz shall, within the scope of the ongoing contractual relationship and at no additional charge, adapt the App in order to maintain the functionality of the interface.

(3) If adaptations of the App are required due to the Customer’s individual system requirements that go beyond maintaining functionality pursuant to paragraph 2, the parties shall separately agree on the scope and costs of such adaptations. The Customer shall bear the costs incurred for this purpose.

(4) CCSchwarz is entitled to further develop the App in the course of providing new versions, provided that the functionality owed under the contract is not materially impaired thereby.

Section 6 Fees and Payment Terms

(1) The Customer shall pay a license fee per licensed Device for the use of the App in the amount agreed in the respective Order.

(2) If the Customer adds optional Components pursuant to Section 2(8), the Customer shall pay an additional license fee per Component and licensed Device, in the amount agreed in the respective Order. Components are always charged for all Devices licensed by the Customer; for example, if the Customer adds two Components for three licensed Devices, a total of six Component units will be invoiced.

(3) The license fees referred to in paragraphs 1 and 2 are payable in advance, at the Customer’s election as set out in the respective Order, either on a monthly or an annual basis. CCSchwarz shall invoice the Customer for the license fees monthly or annually in advance in accordance with the agreed payment frequency.

(4) All prices stated are exclusive of statutory value-added tax at the applicable rate.

(5) If the Customer adds further Device licenses or Components during a running billing period, the license fee payable for this shall be calculated on a pro-rata basis for the period from the day of the addition until the end of the running billing period; the full license fee shall become payable as of the next billing period. If the amount calculated on a pro-rata basis for the running billing period is less than EUR 10.00, it shall not be invoiced separately but shall instead be added to the next invoice.

(6) If the Customer defaults on the payment of due invoice amounts, CCSchwarz shall first set the Customer a reasonable deadline for payment. Upon the fruitless expiry of this deadline, the Customer shall be obliged to pay default interest at the statutory rate.

(7) Upon the fruitless expiry of the deadline referred to in paragraph 6, CCSchwarz is entitled to temporarily suspend the access of the Customer’s Users to the App until the outstanding fees have been paid in full. The Customer’s obligation to pay the fees for the suspension period remains unaffected.

(8) Any refund of license fees already paid in the event of early termination of the agreement, in particular for the period already paid in advance falling after the date of termination, is excluded.

Section 7 Term and Termination

(1) The contract term and any minimum contract term shall result from the respective Order and shall depend on the payment frequency selected by the Customer pursuant to Section 6(3). If the Order does not specify a minimum contract term, the minimum contract term shall be one month in the case of monthly payment, or one year in the case of annual payment, in each case from the commencement of the agreement.

(2) The agreement may be terminated by either party with two weeks’ notice to the end of the respective minimum contract term. If the agreement is not terminated in due time, it shall automatically renew for a further calendar month (in the case of monthly payment) or a further year (in the case of annual payment) and may thereafter be terminated by either party with two weeks’ notice to the end of the respective renewal period.

(3) The Customer is entitled to terminate the agreement for cause with immediate effect if it ends its subscription or other right to use Abas ERP (special termination right). Upon request, the Customer shall provide CCSchwarz with evidence of the termination of its Abas ERP usage relationship.

(4) The right of either party to terminate for good cause pursuant to Section 314 of the German Civil Code (BGB) remains unaffected.

(5) Notices of termination must be made in text form (Section 126b BGB).

(6) Upon termination of the agreement, the Customer shall uninstall or delete the App from all end devices on which it was installed. CCSchwarz is entitled to prevent further use of the App by technical measures (in particular deactivation of the license in the Customer Portal) with effect from the end of the agreement.

Section 8 Obligations of the Customer and the Users

(1) The Customer shall ensure that only Users authorized by it are given access to the App and is responsible for the Users’ compliance with these Terms of Use.

(2) Access credentials (in particular license keys, credentials for the Customer Portal, and the Users’ credentials for Abas ERP) must be treated confidentially by the Customer and the Users and protected against access by third parties.

(3) The Customer shall notify CCSchwarz without undue delay if there are indications that access credentials have become known to unauthorized third parties or that the App is being used improperly.

(4) The Customer is responsible for the lawfulness of the data processed via the App, in particular vis-à-vis the Users as its employees and vis-à-vis third parties.

(5) The Customer is responsible for the operation, availability, and security of its own Abas ERP installation, its IT environment, the Devices used, and the data connection required for use of the App, including reasonable data backup measures.

(6) Further product-specific obligations of the Customer and the Users may result from the Product Annex.

Section 9 Warranty

(1) Since the App is made available to the Customer for use against payment for a limited period of time, the principles of German lease law (Sections 535 et seq. BGB) shall apply mutatis mutandis to the warranty, unless otherwise provided below.

(2) The functionality of the App is determined by the Product Annex, the respective current product description, and any agreements made in relation thereto. Public statements, in particular in advertising materials, do not constitute a warranty of quality beyond the bases mentioned above.

(3) CCSchwarz shall provide the App in a condition suitable for contractual use and shall remedy, within a reasonable period, defects reported during the contract term that impair the contractual use of the App.

(4) The obligation to remedy defects does not include adapting the App to changed operating conditions that do not result from an update to Abas ERP within the meaning of Section 5(2), in particular adapting to a changed IT environment of the Customer, to the extent that a separate agreement is required for this pursuant to Section 5(3).

(5) The Customer shall support CCSchwarz in identifying and remedying reported defects and shall provide the information required for this purpose.

Section 10 Liability

(1) CCSchwarz shall be liable without limitation for damages resulting from injury to life, body, or health, and for damages caused by intent or gross negligence of CCSchwarz, its legal representatives, or vicarious agents, as well as in accordance with the German Product Liability Act (Produkthaftungsgesetz).

(2) In all other respects, CCSchwarz shall only be liable for breach of a material contractual obligation (cardinal obligation), i.e., an obligation the fulfilment of which is essential for the proper performance of the agreement and on the observance of which the Customer may regularly rely. In such case, CCSchwarz’s liability shall be limited to the damage foreseeable at the time of conclusion of the agreement and typical for agreements of this kind.

(3) Any further liability of CCSchwarz is excluded.

(4) CCSchwarz shall not be liable for the loss of data to the extent that the damage results from the Customer’s failure to take reasonable data backup measures that would have enabled the restoration of lost data with reasonable effort.

(5) The above limitations of liability also apply for the benefit of the officers, legal representatives, employees, and other vicarious agents of CCSchwarz.

Section 11 Data Protection

(1) The Customer is the controller under data protection law for the processing of personal data in its Abas ERP installation, on the Devices, and via the App. In the Customer Portal, CCSchwarz processes only the device and license data required for the registration, licensing, and configuration of the Devices.

(2) CCSchwarz does not engage any processors for the processing of the Customer’s operational data; such operational data is not routed through CCSchwarz’s systems. The hosting service provider engaged for the operation of the Customer Portal is named in the privacy policy of CCSchwarz GmbH.

(3) Information on the processing of personal data in connection with the provision and use of the App can be found in the separate privacy policy of CCSchwarz GmbH and in the respective Product Annex.

Section 12 Confidentiality

The parties undertake to treat as strictly confidential all confidential information of the other party obtained in the course of performing the agreement and to use it only for the purposes of this agreement, unless disclosure is required by law or the information is already lawfully known to the receiving party without any obligation of confidentiality, or is publicly available.

Section 13 Final Provisions

(1) Amendments and supplements to these Terms of Use, the Product Annex, and the respective Order must be made in text form. This also applies to any amendment of this text form requirement itself.

(2) The Customer’s general terms and conditions shall not apply, even if not separately objected to.

(3) Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in these Terms of Use.

(4) These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(5) To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this usage agreement shall be the registered seat of CCSchwarz GmbH.

(6) These Terms of Use and the Product Annexes are available in a German and an English version. In the event of any discrepancies between the two versions, the German version shall prevail.

As of: September 2026

Annex D – Product Annex ServiceApp

to the Terms of Use for the Abas Apps of CCSchwarz GmbH (Framework Terms) – CCSchwarz GmbH, Drosselweg 7, 76774 Leimersheim, Germany

1. Applicability

(1) This Product Annex applies to the CCSchwarz ServiceApp (“ServiceApp”). It forms an integral part of the Terms of Use for the Abas Apps of CCSchwarz GmbH (Framework Terms); the terms defined therein apply accordingly in this Product Annex. The ServiceApp is an “App” within the meaning of the Framework Terms.

(2) Unless otherwise provided in this Product Annex, the Framework Terms apply. In the event of any conflict, this Product Annex prevails over the Framework Terms (Section 3(3) of the Framework Terms).

2. Purpose and Users

(1) The ServiceApp supports businesses in carrying out service assignments with Abas ERP. It accompanies the service assignment from the appointment to the signed service report and writes the transactions captured in the process directly into the Customer’s Abas ERP installation.

(2) Users of the ServiceApp are, in particular, the Customer’s service technicians. In the ServiceApp, the User selects the employee role stored for them in Abas ERP; the assigned vehicle and the assigned storage location result from this role.

3. Scope of Functions

(1) The ServiceApp comprises the following functions:

• Appointments: display of the User’s own appointments from Abas ERP in a weekly view, rescheduling of appointments, and creation of new appointments for a service order (in each case with write access to Abas ERP), map display, display of the travel time, and hand-over to navigation in Apple Maps.
• Service order: read-only display of the service order with its items, device, material, and texts.
• Service products: search, reading of the type plate, bill of materials with spare and wear parts, warranty information, installed and removed parts, and history.
• Vehicle: display of the vehicle stock, search for parts in the main warehouse and in all vehicles, and processing of transfer proposals, including the transfer posting in Abas ERP.
• Work report: recording of working time per service by stopwatch or by manual entry, in each case rounded up to the quarter hour, and recording of material from the service order and from the vehicle stock.
• Service report: Abas ERP generates the service report as a PDF document; the Customer’s end customer signs on the Device; the ServiceApp inserts the signature, the name of the signatory, and the date into the PDF document. It is sent via the Device’s email program or the operating system’s share function.
• Posting: creation of the delivery note for the service order in Abas ERP, by which hours and material are posted; in the process, the service product is maintained on the order item and on the delivery note.
• Other: customer and service product screens, notes and tasks on the respective record, integration of custom objects pursuant to Clause 5, and a demo mode pursuant to Clause 8(4).

(2) The route and map functions, the signature, and the material posting form part of the standard scope of the ServiceApp and are included in the license scope without Components.

(3) The following in particular are not part of the ServiceApp: offline data capture and the storage of files or documents in the Customer Portal.

(4) Through the interface to Abas ERP, the ServiceApp reads in particular appointment, service order, service product, customer, employee, vehicle, and warehouse data from Abas ERP and writes appointments, working and travel times, kilometers, material, transfers, and delivery notes back into Abas ERP. Postings are executed under the Abas ERP user of the respective User stored in the ServiceApp.

4. Technical Requirements

(1) The ServiceApp is designed as an add-on to Abas ERP version 2200r8 and newer versions; full compatibility with earlier versions of Abas ERP is not warranted. This applies equally to installations of Abas ERP operated by the Customer itself and to Abas ERP in the Abas Cloud. Service processing must be set up in the Customer’s Abas ERP installation.

(2) The ServiceApp is available exclusively for iPad devices running iOS 17 or a newer version.

(3) Use of the ServiceApp requires a company account in the Customer Portal, the registration of the Device in the Customer Portal, a valid license for the ServiceApp, and the Abas ERP credentials of the respective User. To create the service report, a print layout and a printer must be stored in the Customer Portal for each client (Mandant).

(4) Use of the ServiceApp requires an existing data connection to the Customer’s Abas ERP installation; offline data capture is not possible. Displaying travel times and determining kilometers additionally requires the availability of Apple Maps (Clause 7(3)).

5. Components

The ServiceApp may optionally be extended with Components. A Component allows individual fields to be added to the ServiceApp’s screens or new objects (database objects or info systems from Abas ERP) to be integrated into the ServiceApp. Sections 2(8) and 6(2) of the Framework Terms apply to the licensing and invoicing of Components.

6. Payment Frequency

Notwithstanding Section 6(3) of the Framework Terms, the license fees for the ServiceApp and the Components added to it are payable exclusively monthly in advance; an annual payment frequency is not offered for the ServiceApp. Sections 3(2) and 7 of the Framework Terms apply to the minimum contract term, renewal, and termination in the version provided for monthly payment.

7. Device Functions and Map Service

(1) The ServiceApp uses the Device’s camera to read the registration QR code, type plates, and serial numbers. Decoding takes place on the Device; images are neither stored nor transmitted.

(2) The ServiceApp uses the Device’s location only with the “While Using the App” permission and exclusively to display the travel time to the respective appointment. If the User does not grant this permission, all functions of the ServiceApp other than the travel time display remain available. CCSchwarz does not use location data to monitor the performance or conduct of Users.

(3) To display the travel time, the ServiceApp transmits the Device’s current location and the destination coordinates of the appointment, and to determine kilometers, the Customer’s company address and the end customer’s address, in each case in real time to the Apple Maps map service. This data is transmitted to Apple and not to CCSchwarz. Apple Maps is a service of Apple and not the subject matter of the agreement with CCSchwarz; CCSchwarz owes neither the availability of this service nor the accuracy of the travel times, routes, and distances it provides. The travel times displayed and the kilometers determined are approximate values.

(4) The ServiceApp can be locked via Face ID, Touch ID, or the device passcode after an idle period.

(5) Service reports and other content are sent via the Device’s email program or the operating system’s share function. CCSchwarz does not provide its own sending service and is not involved in the transmission.

8. Configuration Options

(1) The Customer stores the print layout and the printer for the service report in the Customer Portal for each client. This configuration is included in the license scope of the ServiceApp.

(2) Screens, fields, and custom objects of the ServiceApp are configured in the Customer Portal. Adding individual fields to the screens and integrating custom objects are Components pursuant to Clause 5.

(3) If several clients are set up in the Customer’s Abas ERP installation, the User can select the client in the ServiceApp.

(4) The ServiceApp includes a demo mode that operates with fictitious data. The demo mode is intended solely for demonstration purposes.

(5) A diagnostics switch, which is switched off by default, enables the logging of the endpoint, request, and response of each call to Abas ERP on the Device console for support purposes. These logs may contain personal data from Abas ERP.

(6) The configuration options pursuant to paragraphs 3 to 5 are included in the license scope of the ServiceApp and are not subject to a separate fee.

9. Data Processing

(1) The User’s Abas ERP user name and the associated password are stored in the Device’s keychain and transmitted exclusively to the Customer’s Abas ERP installation. Which Abas ERP user executed a transaction is recorded by Abas ERP; this is standard behavior of Abas ERP and not of the ServiceApp.

(2) When a Device is registered, the following is transmitted to the Customer Portal: the device identifier, the device name assigned by the User, device model, iOS version, App version, language, and time zone, as well as the assignment of the Device to the installation and to the license.

(3) In particular, working times, travel times, kilometers, material, and postings are transferred to the Customer’s Abas ERP installation. The device identifier is included as a marker in the work area. The document identifier of the ServiceApp consists of the letter “S” and a timestamp and contains no reference to a device or a person.

(4) For the map functions, location and address data are transmitted to Apple pursuant to Clause 7(3).

(5) Unposted report drafts, the selected employee role (Clause 2(2)), the signed service reports, and the settings are stored exclusively on the Device.

(6) Signed service reports are deleted from the Device 30 days after signature. The period is checked when the ServiceApp is started and when it becomes active; on a Device that is not in use, deletion therefore only takes place at the next use. Irrespective of this period, all service reports are deleted upon logout, upon revocation of the Device, and upon a change in the Device’s assignment. If the Abas ERP password is rejected or the license has expired, the service reports remain stored until the period expires. Unposted report drafts contain no signature; they are deleted upon revocation of the Device and upon a change in the Device’s assignment, but are retained upon logout and are not subject to any period.

(7) The ServiceApp does not use any analytics, crash reporting, or advertising SDKs and does not perform any tracking. The functions “Create support request” and “Submit feature request” open an email to support@ccschwarz.de, which is sent only at the User’s initiative; no automatic sending takes place. The email contains details of the App version, operating system, device, language, installation, installation number, REST server, login method, web application, and client.

10. Specific Obligations

(1) The Customer shall review the print layout of the service report before productive use. The transactions triggered via the ServiceApp, in particular changes to appointments, transfers, and delivery notes, are real transactions in the Customer’s Abas ERP installation. The Customer is responsible for the factual accuracy of these transactions, including the times recorded (taking into account the rounding up to the quarter hour), kilometers, and materials, and for their review and, where necessary, correction in Abas ERP, in particular before using them as the basis for invoicing its end customers.

(2) The signature captured on the Device is inserted into the PDF document of the service report as an image. It does not constitute a qualified electronic signature and does not satisfy any statutory written form requirement. CCSchwarz does not warrant that the signed service report meets any particular form requirement or has any particular evidential value; the Customer decides on its own responsibility whether the service report is suitable for its purposes.

(3) The name and signature on the service report and the addresses of the service locations originate from the Customer’s end customers. The Customer is responsible for the lawfulness of the processing of this data, including informing the end customers about the data processing (Section 8(4) of the Framework Terms).

(4) Time recording, the travel time display, and the use of location data concern data of the Customer’s employees. These functions are not designed as a tool for monitoring the performance or conduct of Users. Before using the ServiceApp, the Customer is responsible for complying with the requirements of the employee data protection law applicable to it and for observing any co-determination rights of employee representative bodies (in Germany, in particular those of the works council).

(5) As signed service reports remain on the Device until they are deleted pursuant to Clause 9(6), the Customer shall ensure that the Devices used are locked by a device passcode or a biometric method, and shall revoke a lost Device or a Device that is no longer in use in the Customer Portal without undue delay.

(6) The Customer shall ensure that the demo mode is not used for production purposes and that the diagnostics switch is only switched on temporarily for support purposes.

As of: November 2026