Last updated: November 2025
1. Introduction
These Terms of Service (“Terms”) govern all purchases, subscriptions, and usage of online services provided by AWEKAS GmbH (“AWEKAS”, “we”, “us”, or “our”). They apply to all interactions with our platforms, including but not limited to the AWEKAS Shop, weather data display systems such as maps, dashboards, panels, widgets, APIs, and mobile or web applications operated by AWEKAS.
By accessing or using any AWEKAS platform or making a purchase through the AWEKAS Shop, you agree to be bound by these Terms and our related policies, including our Privacy Policy and Cookie Policy. If you do not agree, you must not access or use our services.
AWEKAS GmbH may update or revise these Terms periodically. The most recent version is always available on our website. Continued use of our services after updates constitutes acceptance of the modified Terms.
All personal data is processed in accordance with the EU General Data Protection Regulation (GDPR) and our Privacy Policy.
2. Provider Information
AWEKAS GmbH Am Bahndamm 8, 4563 Micheldorf, Austria Email: sales@awekas.at Website: www.awekas.at Phone: +43 677 618 02625
Company Registration Number: 440545k VAT ID: ATU69919038 Managing Director: Gerald Gattringer, MSc Registered Court: Landesgericht Steyr, Austria
All communication, including order confirmations and notifications, may be conducted electronically.
3. Scope of Application
These Terms apply to all contracts concluded via the AWEKAS Shop and to all users accessing or using AWEKAS’s online weather data and digital platforms.
The Terms regulate the relationship between AWEKAS and consumers or business customers worldwide. Additional agreements may apply to specific services (for example, API licenses or subscription-based features). In the event of conflict, specific terms take precedence over these general terms.
Language and Translation
These Terms are provided in English for international reference. In case of discrepancies or disputes regarding interpretation, the German-language version of these Terms, as published by AWEKAS GmbH, shall prevail.
4. Formation of Contract
Product listings, descriptions, and images in the AWEKAS Shop serve for informational purposes only and do not represent a legally binding offer. By clicking the “Place Order” button, you submit a binding offer to purchase the selected goods or services.
Upon submission, you will receive an automated order confirmation via email, which constitutes acceptance of your offer and the conclusion of the purchase contract. Should we identify errors in pricing, product descriptions, or technical transmission, AWEKAS reserves the right to correct such errors, inform you promptly, and offer cancellation or modification of your order.
AWEKAS retains the right to refuse orders for legitimate reasons, including payment issues, suspected fraud, or delivery limitations in certain regions.
5. Prices and Payment
All prices are displayed in Euros (EUR) and include statutory VAT and all applicable price components. Shipping costs, where applicable, are displayed before the order is finalized.
Accepted payment methods include PayPal, Mollie and bank transfer (prepayment). For prepayments, you will receive bank details in your order confirmation, and payment must be completed within 5 business days.
Prices valid at the time of contract conclusion apply to that specific order. Promotional pricing or discounts may be subject to time or quantity limitations.
Customers are responsible for ensuring that payment information is accurate and sufficient funds are available. We are not liable for costs or delays resulting from failed or incorrect payments.
6. Shipping and Delivery
Products are shipped via reliable courier or postal services (e.g. Österreichische Post AG). The estimated delivery time within the European Union is 3–5 business days, unless otherwise specified in the product description. International delivery times may vary based on destination and customs processes.
If multiple items are ordered, partial deliveries may occur, provided they are reasonable and at no additional cost to you. Should delivery attempts fail repeatedly due to incorrect address details or unavailability, AWEKAS may cancel the order and refund any payments received.
If a product becomes unavailable after order confirmation for reasons beyond our control, we will inform you immediately and either refund the payment or, where possible, offer a comparable replacement product.
If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.
Risk of accidental loss or damage passes to you once the goods are delivered. For business customers, risk transfers upon handover to the carrier.
7. Retention of Title
All goods remain the property of AWEKAS GmbH until full payment is received. Until ownership has transferred, the goods may not be pledged, resold, modified, or otherwise disposed of without AWEKAS’s written consent.
8. Right of Withdrawal (Return Policy)
Consumers are entitled to withdraw from a purchase within 30 days of receiving the goods, without providing any reason.
To exercise this right, send a written withdrawal notice to: AWEKAS GmbH Am Bahndamm 8, 4563 Micheldorf, Austria Email: sales@awekas.at
Returned items must be packaged appropriately to avoid damage. The customer bears the direct cost of return shipping unless otherwise agreed.
The right of withdrawal does not apply to:
- Customized or personalized products.
- Software or digital downloads once accessed, unsealed, or activated.
Upon valid withdrawal, AWEKAS will reimburse all payments, including initial delivery costs (except additional costs arising from non-standard delivery methods), within 14 days after receiving the returned goods or proof of return shipment.
The consumer must return the received goods and pay the business a reasonable fee for their use, including compensation for any reduction in the fair market value of the goods associated with such use. The mere acceptance of the goods by the consumer shall not in itself be regarded as a reduction in value. Goods that can be sent by parcel must be returned by the consumer; goods that cannot be sent by parcel will be collected from the consumer by us. The customer shall bear the cost of returning the goods as agreed, provided they reside in Austria.
If the customer is an entrepreneur within the meaning of §1 of the Austrian Commercial Code (UGB), withdrawal from the contract is entirely excluded.
Please avoid any damage or contamination. If possible, return the goods to us in their original packaging, including all accessories and all packaging components. If necessary, use additional protective outer packaging. If you no longer have the original packaging, please ensure that the goods are adequately protected against transport damage by using suitable packaging, in order to avoid compensation claims for damage resulting from inadequate packaging
Please return the product sufficiently prepaid via Austrian Post to the following address:
AWEKAS GmbH Am Bahndamm 8 4563 Micheldorf Austria
9. Warranty
AWEKAS GmbH warrants that all products sold are free from material and manufacturing defects for 24 months from the date of delivery.
If a product shows defects during this period, customers must notify AWEKAS promptly in writing or by email, describing the defect and providing proof of purchase. AWEKAS may request that the defective item be returned for inspection.
Where a valid claim is accepted, AWEKAS will, at its discretion:
- Repair the product free of charge;
- Replace it with an equivalent item; or
- Refund the purchase price if repair or replacement is impractical.
Warranty coverage excludes:
- Normal wear and tear, particularly of batteries, sensors, and moving parts.
- Damage caused by improper handling, installation, or environmental factors.
- Software issues, data errors, or inaccuracies caused by third-party providers.
- Consumables and accessories, for which a 12-month limited warranty applies.
For products not manufactured by AWEKAS, warranty claims are handled according to the manufacturer’s warranty conditions. AWEKAS shall not be liable for any loss of data or calibration settings resulting from service or repair work.
These warranty provisions do not limit or affect the statutory rights of consumers under applicable consumer protection and sales of goods legislation
10. Weather Data and Display Services
AWEKAS provides online systems that collect, process, visualize, and publish meteorological data from personal weather stations, public sources, or third-party forecast services. This includes but is not limited to weather maps, dashboards, widgets, panels, APIs, and mobile applications (collectively “Data Services”).
License and Access
AWEKAS grants users a non-exclusive, non-transferable, revocable license to access and use the Data Services for personal and lawful purposes. Certain services require an active license or subscription, available through the AWEKAS Shop or official app stores. Users may not reverse-engineer, modify, distribute, or reproduce any part of the software, data streams, or display elements without written permission from AWEKAS GmbH.
Data Accuracy and Availability
Weather data is sourced from multiple independent providers, including user-operated stations. AWEKAS endeavors to ensure accuracy and continuity but does not guarantee that data, forecasts, or displays are free from errors or interruptions. The user acknowledges that meteorological data may vary and that AWEKAS is not responsible for inaccuracies, data delays, or outages resulting from third-party services or technical issues.
User-Provided Content
Users uploading or transmitting images, or other materials retain ownership of their contributions. By submitting data, the user grants AWEKAS a worldwide, royalty-free, perpetual license to store, process, and display such content as part of its services. Users must ensure that submitted content:
- Is accurate and does not infringe third-party rights.
- Does not contain offensive, illegal, or misleading material.
AWEKAS reserves the right to remove or disable access to any content violating these Terms or applicable laws.
Ownership and Rights to Weather Data
By transmitting or uploading weather data to AWEKAS through a connected station, API, or other input method, the user grants AWEKAS GmbH a perpetual, worldwide, irrevocable, royalty-free, and transferable license to use, store, reproduce, modify, analyze, publish, distribute, and otherwise exploit such data in any form and for any purpose, including commercial, scientific, and research applications.
AWEKAS becomes the sole owner of all aggregated and processed weather datasets, databases, and derived works created from submitted data.
The user acknowledges that submitted weather data may be combined with other data sources and made publicly available through maps, dashboards, or APIs, and that such use does not entitle the user to compensation. Any personal data associated with weather data will be handled in accordance with the Privacy Policy.
Third-Party Integrations
The Data Services may include features, data, or functionality provided by third parties. The use of such services may be subject to additional terms. AWEKAS disclaims liability for the availability or performance of third-party systems integrated into its platforms.
Excellent — here’s the expanded Liability section including a properly drafted Disclaimer of Warranties paragraph. It maintains consistency with EU consumer protection and international e-commerce standards while preserving the Austrian context and your original intent.
11. Liability and Disclaimer of Warranties
AWEKAS GmbH performs all services offered through the AWEKAS Shop, its weather data platforms, and related digital services with the highest degree of care and diligence. Nevertheless, liability shall be governed by the following provisions.
Our company shall be liable only for damages caused intentionally or through gross negligence. This limitation does not apply to personal injury (injury to life, body, or health) or to consumer transactions as defined by applicable consumer protection law.
In cases that do not qualify as consumer transactions, the burden of proof for gross or slight negligence lies with the claimant. Liability for slight negligence is excluded except where it concerns essential contractual obligations (cardinal duties), personal injury, guarantees, or claims arising under mandatory product liability laws. The same applies to breaches of duty by AWEKAS’s legal representatives, employees, or agents.
To the extent permitted by law, AWEKAS shall not be liable for:
- Indirect, incidental, or consequential damages, including but not limited to loss of data, revenue, business, or goodwill.
- Property damage, financial losses, or claims asserted by third parties against the customer, except in cases of gross negligence or intent.
- Errors, omissions, transmission interruptions, or inaccuracies in weather data, maps, dashboards, or other digital displays, including those caused by third-party data providers or network issues.
- Delays in performance or interruptions due to force majeure, such as strikes, lockouts, official orders, natural disasters, cyberattacks, acts of public authorities, power failures, or failures of communication networks.
AWEKAS, as operator of the webshop and online systems named in the imprint, performs all services with due care but assumes no responsibility for services, data, or content provided by third parties. This exclusion of liability also applies to the company’s vicarious agents, service providers, and auxiliary persons.
Nothing in this clause shall limit or exclude liability where prohibited by applicable law, including consumer protection or product liability legislation.
In all cases, AWEKAS’s aggregate liability for any claim shall not exceed the amount paid by the customer for the specific service or product giving rise to the claim.
Disclaimer of Warranties
All AWEKAS products and services — including the AWEKAS Shop, data dashboards, web maps, APIs, applications, and weather information displays — are provided “as is” and “as available”. AWEKAS GmbH makes no express or implied warranties regarding accuracy, reliability, availability, or suitability for a particular purpose.
While AWEKAS strives to ensure the accuracy and continuous operation of its systems, no guarantee is made that services will be uninterrupted, error-free, or continuously available. Weather forecasts, sensor data, and other displayed values may be affected by external factors beyond AWEKAS’s control, including user configuration, sensor calibration, or third-party data quality.
By using AWEKAS services, you acknowledge that such data and services are intended for informational and non-critical purposes, and that reliance on them for safety-critical or operational decision-making is at your own risk.
12. Intellectual Property
All content and technology on AWEKAS platforms—including software, source code, algorithms, databases, graphics, text, and logos—are protected by copyright, trademark, and other intellectual property laws.
Users are granted a limited, revocable, non-exclusive right to access and use AWEKAS services solely for personal purposes. No ownership rights are transferred.
Removing, altering, or obscuring copyright notices or attributions is strictly prohibited. Any reproduction, redistribution, or commercial use requires prior written authorization from AWEKAS GmbH.
13. Governing Law and Jurisdiction
These Terms and all contracts with AWEKAS are governed by the laws of Austria.
All disputes arising from or relating to these Terms shall be subject to the jurisdiction of the competent courts in Kirchdorf, Austria, unless mandatory consumer protection law provides otherwise.
For consumers within the European Union, legal proceedings may alternatively be brought before the courts of their country of residence.
14. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible. The invalid clause shall be replaced with a lawful provision closest in meaning and purpose to the original.
15. Modifications to the Terms
AWEKAS reserves the right to amend these Terms at any time to reflect legal changes, technical updates, or improvements in service offerings. Updates become effective upon publication on the AWEKAS website. Continued use of AWEKAS products or services after publication constitutes acceptance of the revised Terms.
16. Contact Information
If you have questions, concerns, or feedback regarding these Terms or our services, please contact:
AWEKAS GmbH Am Bahndamm 8 4563 Micheldorf, Austria Email: sales@awekas.at Website: www.awekas.at
© 2025 AWEKAS GmbH. All rights reserved.