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 C – Product Annex WarehouseApp
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 WarehouseApp (“WarehouseApp”). 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 WarehouseApp 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 WarehouseApp supports businesses in carrying out manual stock postings in Abas ERP. Users capture the item, storage location, and container details by scanning on the Device; the WarehouseApp executes the posting directly in the Customer’s Abas ERP installation.
(2) Users of the WarehouseApp are, in particular, the Customer’s warehouse staff.
3. Scope of Functions
(1) The WarehouseApp comprises the following functions:
- Manual stock postings of the types receipt, issue, and transfer; per posting one item, one storage location (two storage locations in the case of a transfer), one quantity, and optionally batch, usage, and project.
- Stock inquiry per item and/or per storage location, including batch. Before an issue, the WarehouseApp warns if the item is not held at the selected storage location.
- Local log of the most recent postings executed from the respective Device, including the Abas ID number (a maximum of 200 entries).
- Cancellation of a posting from the log via the cancellation function provided by Abas ERP on the posting record.
- Protection against duplicate postings: if no response is received from Abas ERP for a posting operation, the WarehouseApp checks the stock journal to determine whether the posting was executed, instead of repeating the posting operation.
(2) Through the interface to Abas ERP, the WarehouseApp reads in particular item, batch, storage location, warehouse, and project data, the stock journal, the respective posting record, and stock data from Abas ERP, and writes the posting records and cancellation records back into Abas ERP. Postings are executed under the Abas ERP user of the respective User stored in the WarehouseApp.
4. Technical Requirements
(1) The WarehouseApp may only be used as an add-on to Abas ERP version 2100r8 and any subsequently released newer versions; it is not compatible with earlier versions of Abas ERP, including version 2019r4. The WarehouseApp rejects a connection to an unsupported Abas ERP version.
(2) The WarehouseApp is available exclusively for iPhone devices running iOS 17 or a newer version.
(3) Use of the WarehouseApp requires an existing data connection to the Customer’s Abas ERP installation; offline use is not possible. The WarehouseApp has no offline buffer and no queue; no postings are executed without a data connection. The local log pursuant to Clause 3(1) serves information purposes only and is deleted when the Abas ERP installation is changed or the Device registration is reset.
5. Components
The WarehouseApp may optionally be extended with Components. A Component allows individual fields to be added to the WarehouseApp’s screens or new objects (database objects or info systems from Abas ERP) to be integrated into the WarehouseApp. Sections 2(8) and 6(2) of the Framework Terms apply to the licensing and invoicing of Components.
6. Device Functions
(1) The WarehouseApp uses the Device’s camera to read the registration QR code and barcodes on items and storage locations (supported formats: EAN-8, EAN-13, Code 128, Code 39, QR, DataMatrix, GS1-128). Decoding takes place on the Device; images are neither stored nor transmitted.
(2) Optionally, an external Bluetooth scanner in keyboard mode (HID) may be used. The scanner is treated by the operating system as a keyboard; the WarehouseApp does not require a Bluetooth permission for this and does not use any manufacturer-specific SDK.
(3) The WarehouseApp can be locked via Face ID or Touch ID after a configurable idle period (default: five minutes). Sound and vibration feedback can be switched off.
(4) The WarehouseApp does not use the Device’s location data, printers, NFC, photo library, microphone, or contacts.
7. Configuration Options
The configuration options described in this Clause are included in the license scope of the WarehouseApp and are not subject to a separate fee.
(1) The Customer may store a barcode rule set in the Customer Portal that determines how scanned barcodes are interpreted (templates: prefix, fixed length, key, delimited, GS1). Without a rule set the WarehouseApp remains operable; a scanned code then fills the next waiting input field. The rule set is cached on the Device.
(2) The Customer may hide individual standard input fields (e.g., project) in the Customer Portal and configure the terminator character for an external scanner. Adding individual fields to the screens is a Component pursuant to Clause 5.
(3) The WarehouseApp includes a demo mode that operates without a connection to Abas ERP and the Customer Portal, using demo stock and demo labels. The demo mode is intended solely for demonstration purposes; no postings are executed in Abas ERP in demo mode.
(4) A diagnostics switch enables the logging of requests on the Device console for support purposes.
8. 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 posting is recorded by Abas ERP on the posting record; this is standard behavior of Abas ERP and not of the WarehouseApp.
(2) When a Device is registered, the following is transmitted to the Customer Portal: the device name assigned by the User, device model, iOS version, App version, language, time zone, and a device UUID.
(3) For each posting, a posting identifier is stored in the journal text of the posting record in Abas ERP, formed from the last four characters of the device UUID and a timestamp. It serves to check for duplicate postings and can be attributed to a Device via the Customer Portal, but not directly to a person.
(4) The posting log, the cached barcode rule set, and the settings are stored on the Device, protected by the operating system’s file protection. The WarehouseApp does not operate a database of its own.
(5) Data flows of the WarehouseApp are directed exclusively to the Customer’s Abas ERP installation and to the Customer Portal. The WarehouseApp does not use any analytics, crash reporting, or advertising SDKs. A support request by e-mail to info@ccschwarz.de is sent only at the User’s initiative and contains the App version, iOS version, device model, and language; no automatic sending takes place.
9. Specific Obligations
(1) The Customer is responsible for the factual accuracy of the stock postings triggered via the WarehouseApp and for their review and, where necessary, correction in Abas ERP.
(2) The Customer shall ensure that the demo mode is not used for production purposes.
As of: September 2026