The Haufe AGB are the general terms of Haufe Service Center GmbH, Munzinger Str. 9, 79111 Freiburg, for its services and goods, in particular SaaS solutions, software (as a download or on a data carrier), online seminars, and eBooks, books, journals and other digital content, referred to as “products”.[1] The terms were last updated in September 2026 and are in German. They describe the legal framework in which most Haufe-branded online products are bought; Lexware products have parallel terms, covered in Lexware desktop licensing and Lexware Office licensing.
Structure
The AGB have five parts: I, general provisions; II, special provisions for SaaS solutions; III, online seminars; IV, eBooks; and V, consumer rules.[1] Haufe provides its services only on the basis of the AGB, and does not recognise conflicting customer terms unless it agrees in writing; silent performance is not agreement. The legal execution (delivery, billing) is done by Haufe Service Center GmbH in its own name for the account of third parties.[1] Where a customer acts as a consumer, part V and mandatory consumer law prevail over parts I to IV, and clauses marked as “only for businesses” do not apply to consumers.[1]
Contract formation and subscription
The online shop is a non-binding catalog; the customer’s click on the order button is a binding offer. For digital content and SaaS solutions, acceptance usually follows immediately by activating access; for physical goods, within 3 working days by order confirmation.[1] Software solutions are delivered up to date, and the customer takes part automatically in the subscription as described on the product page or in the cart, receiving new program versions (automatic updates and service packs) free of charge during the contract term.[1]
If the order offer states a trial (for example 4 weeks free), the right to test begins on the order date, the invoice falls due after the trial, and the customer ends the contract by emailing “Kündigung” to the service address within the test period.[1]
Term, cancellation and price changes
- Minimum term. A subscription has a minimum term of 12 months and renews automatically by 12 months if not cancelled in time. For consumers, the contract after automatic renewal runs for an indefinite term and can be cancelled on one month’s notice.[1]
- Cancellation. Cancellation takes effect at the end of the subscription term and may be declared up to its last day, in text form (letter, email, cancellation button) and in most cases in the customer account.[1]
- Extraordinary termination. Haufe may terminate without notice, for example where the customer is in default for more than two months, insolvency proceedings begin, the user account is transferred or access data are given to third parties without consent, the SaaS solution is used outside a limit declared in the order offer, or the customer breaches other obligations and does not stop after a deadline.[1]
- Price changes. Haufe may change prices once per calendar year at reasonable discretion to reflect overall cost changes, which the AGB list as development and licence costs, technical provision and distribution, customer service, sales, administration and government charges. Increases must be announced in text form at least six weeks before they take effect; for an increase of more than 10% the customer may terminate without notice period and without costs, within three months of the notice.[1]
- Default. If the monthly instalment is overdue for at least two consecutive months, Haufe may block access; against businesses it may demand the whole annual amount and hand claims to a collection agency, and the customer bears the costs.[1]
Usage rights
Rights to software are non-transferable and non-exclusive and last only for the agreed contract term; they are granted under the condition precedent of full payment.[1]
Software for local installation
The software may be used as contracted (number of licences, duration). It may be installed once per licence and used by one person; under a network version or multi-licence contract it may be used by as many persons as licences purchased. The customer may use it for its own purposes; use on behalf of third parties and passing on results is not allowed unless the results are for the third party’s exclusive personal use, which includes use in the third party’s duties as an employer. Backup copies are allowed but may not run alongside the original; access IDs may not be passed on; decompiling is only allowed within sections 69d(3) and 69e UrhG.[1]
SaaS solutions
SaaS solutions are protected as database works and databases. The customer may use them in the scope usual in business and needed for its needs, within section 87b UrhG, and may access them from any suitable computer. The duration is stated at the start of the contract and ends at the latest with the contract.[1] The limits are:
- own purposes only; no separate access for third parties, free or paid;
- one person per licence, or as many persons as licences under a multi-licence;
- if the SaaS solution is limited in another respect, only within the limit stated in the order offer; and
- no complete copy of the content that would give third parties access without being licensed users (“indirekte Nutzung”, indirect use).[1]
A limit stated in the order offer is thus a contractual metric, and use outside it is a ground for termination without notice.[1] The AGB do not name the possible limits (for example the number of employees or documents); they are product-specific and appear in the order. Haufe also reserves the right to restrict access to the database if actual use unreasonably impairs its legitimate interests, in particular reproduction of substantial parts or repeated, systematic reproduction of insubstantial parts.[1]
SaaS special provisions
Service level and support
Haufe aims for permanent availability but does not guarantee it. The service levels are operating time Monday to Friday from 08:00 to 18:00, maintenance basically outside operating time, and availability during operating time of at least 95% as a monthly average. Haufe analyses and fixes documented, reproducible errors with competent staff according to recognised industry standards, without guaranteeing success. Errors are reported immediately with a precise description, repeated in text form by the next working day at the latest, and Haufe takes error reports Monday to Friday 08:00 to 18:00.[1]
| Error class | Definition | Response time |
|---|---|---|
| 1 | Productive use not possible or only severely restricted | 8 hours |
| 2 | Core functionality works but a substantial error in a sub-module prevents or severely restricts work with it | 2 working days |
| 3 | All other errors | 5 working days |
Within the response time Haufe presents the analysis results, the effects on other functions and a proposed fix.[1] Haufe need not provide support for unauthorised changes, third-party software, improper use, hardware defects, unsupported environments or on-site visits, and may bill such services at its current service rates. Installation, customisation, programming, consulting and training are not included.[1]
Remedies for service-level failure
If availability during operating time is under 95% for three consecutive calendar months, or three months within six, and Haufe is responsible, the customer may terminate without notice and claim damages in lieu of performance. For other defects Haufe has a right and duty to remedy, and rescission or damages in lieu of performance are available only for error classes 1 or 2 after an unsuccessful grace period. The limitation period for defects is twelve months from delivery; against consumers the statutory periods apply.[1]
Data location and archiving
Haufe provides storage space on central servers for the data created with the SaaS solution for the duration of the contract. Revision-proof archiving according to commercial and tax retention periods is not included in the scope and the customer is responsible for it.[1] Haufe may carry out statistical analyses to improve the software, after anonymising the data.[1] Where Haufe processes personal data on behalf of the customer, a separate data processing agreement is concluded directly in the SaaS solution.[1]
Switching providers and data export
The AGB include an explicit right to switch (Wechselrecht), which uses the vocabulary of the EU rules on switching between data processing services (the AGB do not name the regulation). On request the customer may switch to another provider of data processing services, transfer all exportable data and digital assets to its own ICT infrastructure, or have them deleted.[1] The steps are:
- The request is made in text form; the notice period is two months.
- After the notice period a 30-day transition begins in which the switch is carried out technically, followed by a data retrieval period of at least 30 days. Support activates an export tool after the request.
- Haufe may extend the transition by up to seven months if the technical switch is not feasible within 30 days, with reasons and notice within 14 working days; the customer may extend once by a period it considers appropriate.
- When the customer confirms a successful switch, Haufe informs it of the end of the contract and deletes all exportable data and digital assets without delay; if the customer does not confirm within 30 working days of being asked, the switch is deemed unsuccessful and the contract continues unchanged.[1]
Until the contract ends Haufe must continue performing, and the customer must keep paying the fee. Haufe may demand compensation for early termination of 2% of the agreed annual licence fee per month of the shortened term, but only for contracts concluded before 12 January 2027 and only up to that date; from 12 January 2027 no switching fees are charged.[1] Separately, on ordinary contract end, stored data are provided for export and deleted 30 calendar days after the end of the contract.[1]
Liability and other terms
Haufe has unlimited liability for intent or gross negligence, injury to life, body or health, the product liability act and guarantees. For negligent breach of a cardinal duty its liability is limited to the typical, foreseeable damage; liability for lost profit and wasted expenses is excluded other than in the unlimited cases; and damage claims against businesses become time-barred one year after the customer’s knowledge, at the latest five years after they arise.[1] The no-fault liability for initial defects under section 536a of the German Civil Code is excluded against businesses. Haufe may transfer the contract to a third party on four weeks’ notice, in which case the customer may cancel within two weeks.[1] Haufe may amend the AGB if reasonable for the customer, announcing material changes at least one month ahead, with a one-month right to object and, in that case, a right for Haufe to cancel on one month’s notice.[1] German law applies exclusively, and the place of jurisdiction for merchants is Freiburg im Breisgau.[1]
Customers also commit to cooperation duties: complying with laws, supplying logs on error reports, taking regular product training or acquiring the knowledge needed, transferring only data free of malicious code, and not using techniques that could impair operation or security.[1]
Practical checks
- Identify the limit stated in each order offer, because use outside it can end the contract without notice.
- Keep an inventory of persons per licence and remove departed staff; access data may not be shared.
- Diarise cancellation dates; the term renews by 12 months.
- Keep the switching rules and the 12 January 2027 date in mind for exit planning.
Out of scope
This article does not cover the online-seminar and eBook terms in detail, the consumer withdrawal instructions, or product-specific prices. Haufe X360 pricing is in Haufe X360 licensing.