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Our End User Licence Agreement

End User Licence Agreement (EULA)

for the software “AUTARQ”

MWAY DIGITAL GmbH

MWAY DIGITAL GmbH · Daimlerstraße 133 · 70372 Stuttgart · hello@autarq.now · www.autarq.now

Stuttgart Local Court, commercial register no. HRB 25158 · Managing Director: Volker Hahn · VAT identification no.: DE240271880

“AUTARQ” is a trademark of MWAY GROUP GmbH. · Version 1.0 · Last updated: September 2026

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACTIVATING, ACCESSING OR USING AUTARQ, OR BY CLICKING THE “I ACCEPT” BUTTON (OR A SIMILAR BUTTON), YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE AUTARQ.

1. Parties; relationship with the General Terms and Conditions

  1. This End User Licence Agreement (hereinafter “EULA”) applies between MWAY DIGITAL GmbH (hereinafter “MWAY”, “we”) and you as an end user or the organisation on whose behalf you act (hereinafter “you”). If you act on behalf of an organisation (e.g. your employer or public-sector employer), you represent that you are authorised to represent and legally bind that organisation.

  2. The commercial provision of AUTARQ to the organisation (hereinafter “Customer”) is governed by the individual agreement concluded between MWAY and the Customer and the General Terms and Conditions of MWAY DIGITAL GmbH for the products and services “AUTARQ” (hereinafter “GTC”). This EULA governs only the individual end user’s entitlement to use the software. In the event of a conflict, the individual agreement and the GTC take precedence in the relationship between MWAY and the Customer; this EULA does not establish any claims against MWAY beyond those arising under the GTC and the individual agreement.

  3. This EULA is not intended for use by consumers for private purposes.

2. Grant of licence

For the duration of the Customer’s underlying contractual entitlement, MWAY grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to use AUTARQ for its intended purpose within the scope of use purchased by the Customer and in accordance with the documentation. This includes use of the SaaS services and, where provided, installation and use of associated client applications (apps). All rights not expressly granted remain with MWAY and its licensors.

3. Restrictions on use

You must not use AUTARQ beyond the scope granted. In particular, you must not:

  • modify, alter or translate the software or create derivative works, except to the extent permitted by mandatory law or a separate (open-source) licence;

  • reverse engineer, decompile or disassemble the software, except within the limits of section 69e of the German Copyright Act (UrhG);

  • remove or alter copyright notices or proprietary rights markings;

  • make the software or access credentials available to third parties, rent or sublicense them, or operate the software for third parties;

  • circumvent technical protection measures, restrictions on use or quota limits;

  • use AUTARQ unlawfully, in a way that infringes rights or compromises security, or introduce malicious code.

4. Open-source and third-party components

AUTARQ contains open-source software (OSS) and third-party components. Their respective licence terms take precedence; where they provide broader rights or different provisions on use, warranty and liability, they prevail over this EULA with respect to the relevant components. A list of the OSS components and licences used is provided in the AUTARQ portal or the documentation. By using the software, you accept the applicable licence terms.

5. AI features and end user responsibility

  1. AUTARQ provides AI-powered features. Their results are based on probabilistic models and may be incomplete, incorrect, outdated, biased or unsuitable for the specific purpose, may differ for the same input or may affect third-party rights. To the extent permitted by law, MWAY provides the AI features “as is” and gives no warranty for them.

  2. Intended use. AUTARQ is intended as a general AI-powered assistance and productivity tool and is not intended to serve as the sole or decisive basis for decisions with significant legal or economic consequences. You must not use it in high-risk areas within the meaning of Regulation (EU) 2024/1689 (“AI Act”), particularly employment and education, without a separate agreement between the Customer and MWAY.

  3. Ultimate responsibility and human oversight. Before using AI results, you must review them independently using qualified professional judgement; ultimate responsibility for their content remains with you or the Customer. You must not make decisions based solely on automated processing that produce legal effects or similarly significant adverse effects (Article 22 GDPR). AUTARQ supports decisions but does not replace them.

  4. Prohibited practices (Article 5 AI Act). You must not enter unlawful content or use the AI features for practices prohibited under Article 5 of the AI Act. In particular, emotion recognition in the workplace and educational institutions, biometric categorisation to infer protected characteristics, social scoring, and the creation of non-consensual intimate images or depictions of child sexual abuse are prohibited. Further restrictions may arise from an Acceptable Use Policy, where agreed.

  5. Inputs. You may enter only content and data that you are authorised to use and that do not infringe third-party rights. You may enter personal or confidential data only in accordance with the Customer’s instructions and applicable law.

  6. Transparency (Article 50 AI Act). Where applicable, you will be informed that you are interacting with an AI system or that content is AI-generated.

6. Accounts, access credentials and obligations

You must keep your access credentials confidential, must not disclose them to third parties and must notify the Customer or MWAY immediately if you suspect unauthorised use. You are responsible for activities carried out under your account and must use AUTARQ only in accordance with the law, the documentation and the Customer’s instructions.

7. Content and data protection

  1. Rights to user content submitted by you or the Customer remain with the Customer or its licensors. MWAY receives only a right to use that content limited to providing the services.

  2. Personal data is processed in accordance with the data processing agreement concluded between MWAY and the Customer (Article 28 GDPR) and the privacy notices (www.autarq.now/datenschutz). Hosting takes place in Germany or the EU.

  3. If no data processing agreement exists between the Customer and MWAY, personal data must not be entered into or processed in AUTARQ. You may enter personal data only within the scope of an existing data processing arrangement and in accordance with the Customer’s instructions.

8. Warranty

  1. AUTARQ is provided within the scope agreed between MWAY and the Customer. Any rights in respect of defects belong to the Customer in accordance with the GTC. To the extent permitted by law, no independent warranty or guarantee claims are established for you as an individual end user beyond the rights available to the Customer under the GTC. Section 5 applies to AI-generated results.

  2. Services provided free of charge, particularly test and evaluation licences, free quotas (“freemium”) and pilot, beta or preview versions, are provided in their available form (“as is”) and without any warranty; MWAY may change, restrict or discontinue them at any time. Furthermore, given the state of the art, software cannot be entirely free of errors; uninterrupted or error-free usability and suitability for a purpose beyond the agreed characteristics are neither owed nor warranted.

9. Liability

  1. MWAY is liable to you without limitation

    1. in cases of intent and gross negligence;
    2. for damage resulting from injury to life, body or health caused by a negligent or intentional breach of duty by MWAY or one of its legal representatives or vicarious agents;
    3. within the scope of an expressly assumed guarantee or guarantee of characteristics;
    4. in cases of fraudulently concealed defects;
    5. under the German Product Liability Act.

  2. In the event of a slightly negligent breach of a material contractual obligation (an obligation essential to the performance of the contract), liability is limited to the amount of damage typical for the contract and foreseeable at the time the contract was concluded.

  3. In all other cases, MWAY’s liability is excluded, irrespective of the legal basis. MWAY is liable for loss of data only where data backups appropriate to the application and consistent with the state of the art have been performed, and liability is limited to the recovery costs that would have arisen even with such backups; paragraph 1 remains unaffected.

  4. The defence of contributory negligence (section 254 of the German Civil Code, BGB) remains available. The above limitations also apply for the benefit of MWAY’s legal representatives, employees, affiliated companies and vicarious agents. The liability provisions of the GTC in the relationship with the Customer remain unaffected; section 9 does not establish any broader liability.

10. Notice concerning third-party app stores

If you obtain an app through a third-party app store (e.g. Apple App Store, Google Play or Microsoft Store), this EULA exists exclusively between you and MWAY, and not with the app store operator. The app store operator owes no support or warranty for the app. Any claims concerning failure to meet statutory requirements must be directed to MWAY. You must comply with the terms of the respective app store.

11. Term; termination of the right to use

Your right to use the software ends when the Customer’s underlying contractual entitlement ends or when the Customer or MWAY revokes your access. If you breach this EULA, the licence granted terminates automatically. Following termination, you must cease using AUTARQ, delete any local copies of the software and, where applicable, uninstall the app.

12. Amendments to this EULA

MWAY may amend this EULA with effect for the future. Adverse amendments will be announced with reasonable notice, for example by displaying a notice in the product. If you continue to use AUTARQ after an amendment takes effect, you are deemed to have accepted the amended terms; this will be stated in the notice.

13. Final provisions

  1. The laws of the Federal Republic of Germany apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  2. Stuttgart is the exclusive place of jurisdiction for all disputes arising out of or in connection with this EULA, provided that you are a merchant, a legal entity under public law or a special fund under public law, or act on behalf of such an organisation. Mandatory statutory places of jurisdiction remain unaffected.

  3. If any provision is or becomes invalid or unenforceable, the remainder of the EULA remains effective; the statutory provision applies in place of the invalid provision.

  4. If this EULA is translated into another language, only the German version shall prevail in the event of discrepancies.

Version 1.0 · Last updated: September 2026

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