Terms of Service
of rwQUANTICAL GmbH for the use of QUANTICAL.ERP
As of: April 2026
These Terms govern the contractual relationship between rwQUANTICAL GmbH, Kaistraße 2, 40221 Düsseldorf ("Provider") and its customers ("Customer") regarding the use of QUANTICAL.ERP.
§ 1 Scope
These Terms apply to all contracts that the Customer concludes with the Provider for the use of QUANTICAL.ERP. Conflicting or deviating terms of the Customer do not become part of the contract unless the Provider expressly agrees to their application in writing.
§ 2 Subject Matter of the Contract
The Provider grants the Customer access to QUANTICAL.ERP in its current version as a cloud-based software-as-a-service solution via the internet. The software includes modules for time tracking, project and client management, invoicing, controlling, vacation and absence management, bonus calculation, and further functions described in the product scope. The scope of services is determined by the product description on erp.quantical.com at the time of conclusion of the contract.
§ 3 Contract Formation
The contract is concluded when the Customer registers via the onboarding flow on the Provider's website, selects a plan, and completes registration. Upon completion of registration, the Customer receives confirmation by email. The Provider reserves the right to reject registrations without stating reasons.
§ 4 Prices and Payment
The use of QUANTICAL.ERP is subject to a monthly fee of €12.90 per active user plus statutory VAT. Billing is monthly in advance. Payments are processed by credit card or SEPA direct debit via the payment service provider Stripe. Alternatively, payment by invoice can be agreed upon; in this case, invoices are due for payment within 14 days of receipt without deduction. In case of late payment, the Provider is entitled to suspend access to the software.
§ 5 Trial Period
After completing registration, the Customer may use QUANTICAL.ERP free of charge for a period of 14 days. No costs are incurred during the trial period. After the trial period expires, the contractual relationship automatically converts into a paid subscription in accordance with § 5 unless the Customer terminates the contract before the end of the trial period.
§ 6 Term and Cancellation
The contract is concluded for an indefinite period and may be terminated by either party with a notice period of 14 days to the end of the current billing month. Termination by the Customer is effected via the account settings in the software or by email to info@quantical.com. The right to extraordinary termination for good cause remains unaffected.
§ 7 Customer's Obligations
The Customer is obliged to keep access credentials confidential and to protect them against unauthorised access. The Customer ensures that all entered data is accurate and up to date. The Customer shall not misuse the software, in particular shall not introduce malware, not overload the infrastructure, and not infringe the rights of third parties.
§ 8 Availability
The Provider strives for an availability of the software of 99% on an annual average. Not included in this calculation are planned maintenance windows — announced where possible outside usual business hours — and disruptions caused by force majeure or causes beyond the Provider's control.
§ 9 Data Protection
The Provider processes the Customer's personal data exclusively for the performance of the contractual services. To the extent that the Customer processes personal data of third parties in the course of use, the Provider acts as a data processor within the meaning of Art. 28 GDPR. A data processing agreement will be concluded upon the Customer's request. Details on data processing are set out in the privacy policy.
§ 10 Liability
The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. For slight negligence, the Provider is only liable in the event of a breach of material contractual obligations (cardinal obligations), limited in amount to the contract-typical damage foreseeable at the conclusion of the contract. Any further liability is excluded. Liability under the Product Liability Act remains unaffected.
§ 11 Business Customers Only
QUANTICAL.ERP is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. Conclusion of a contract with consumers within the meaning of § 13 BGB is excluded.
§ 12 Changes to the Terms
The Provider reserves the right to amend these Terms with effect for the future. Amendments shall be announced to the Customer at least six weeks before they take effect, in text form. If the Customer does not object to the amendments within six weeks of receipt of the amendment notice, the amendments shall be deemed approved. The amendment notice shall draw particular attention to this approval procedure.
§ 13 Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Düsseldorf, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law. Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.