Legal
Terms of Service
Last updated [DATE] · Version 1.0
1. Who these terms are between
These terms govern use of Anwesend, provided by Aralel GmbH, Aachen, Germany ("we", "us").
Anwesend is sold to organisations. If you are using Anwesend because your employer or institution deployed it, your organisation holds the contract and these terms govern your use of the software. Your relationship with your organisation — including whether you are required to use Anwesend at all — is between you and them.
2. What the service does
Anwesend records connections between a user's device and WiFi networks registered by their organisation, derives attendance sessions from those connections, and presents them as records in an administrative dashboard, a user portal, and optionally a calendar.
3. Accounts
- Accounts are created by an organisation's administrator for named individuals
- Accounts are personal and must not be shared
- One account corresponds to one device. A person using two devices holds two accounts, which an administrator may group for reporting
- You are responsible for keeping your credentials secure and telling us about any compromise
4. Acceptable use
You may not:
- Deliberately falsify attendance records, including by spoofing a registered network
- Attempt to access records belonging to anyone else
- Reverse engineer, decompile, or attempt to extract source code except where that right cannot be excluded by law
- Use the service to monitor anyone who has not been informed that it is running
Restrictions on organisations
An organisation using Anwesend must:
- Inform every user before deployment that their attendance is being recorded, and what is recorded
- Obtain any works council agreement, staff council agreement, or equivalent approval required in its jurisdiction
- Establish and be able to state a lawful basis for the processing
- Only register networks it operates or is authorised to register
- Respond to correction requests submitted by its users
We may suspend an organisation's access where we have reasonable grounds to believe Anwesend is being used covertly or without the required approvals. There is no configuration in which Anwesend can be hidden from the people it records, and we will not build one.
5. Fees
Fees are set out in the order form agreed with your organisation. Unless stated otherwise, fees are billed annually in advance, exclusive of VAT, and non-refundable for a period already begun.
6. Availability
We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance where practical. Because the app buffers observations locally and syncs when a connection is available, a service interruption does not usually cause data loss.
7. Accuracy — please read this one
Anwesend produces an attendance reference record. It is not a statutory working-time record and must not be used as the sole basis for calculating pay, for disciplinary action, or for terminating employment.
Recording depends on a personal mobile device continuing to run background software. Some manufacturers terminate background applications unpredictably. Anwesend detects this and marks affected records as uncertain rather than estimating a value, but it cannot prevent it.
We make no warranty that records are complete or accurate. Where a record is marked uncertain, it should be treated as unverified until the user confirms or corrects it. Organisations are responsible for reviewing correction requests within a reasonable time and for not treating unverified records as established fact.
8. Data protection
Where Anwesend processes personal data on behalf of an organisation, we act as processor and the organisation as controller. A data processing agreement under Art. 28 GDPR forms part of the contract. Our handling of personal data is described in the Privacy Policy.
9. Intellectual property
We retain all rights in the Anwesend software. Organisations receive a non-exclusive, non-transferable right to use it for the term of their subscription. Attendance data belongs to the organisation and its users, not to us.
10. Liability
We are liable without limitation for intent and gross negligence, and for injury to life, body, or health. For slight negligence we are liable only for breach of a material contractual obligation, and then limited to foreseeable damage typical for this type of contract. Liability under the Produkthaftungsgesetz is unaffected.
We are not liable for decisions an organisation makes on the basis of Anwesend records, particularly where those decisions ignore an uncertainty marker or an outstanding correction request.
11. Termination
Organisations may terminate at the end of a subscription period with 30 days' notice. Either party may terminate immediately for material breach that remains uncured for 30 days after written notice. On termination, data is exported on request and deleted within 90 days.
Individual users may stop using Anwesend at any time by revoking permissions or uninstalling. Whether that has consequences under their employment is between them and their organisation.
12. Changes
We may amend these terms with 30 days' notice. If an amendment materially disadvantages an organisation, it may terminate without penalty before the change takes effect.
13. Governing law
These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Where the customer is a merchant, the place of jurisdiction is Aachen. Mandatory consumer protection provisions are unaffected.
14. Contact
Aralel GmbH · Josefstr 66, Aachen, Germany
legal@aralel.com