EPV│ABLE – General Terms and Conditions for Business Customers
Version: EPV-ABLE-AGB-2026-10-07-V0.2-IG
Date: 8 September 2026
Provider
EPV Managing UG (haftungsbeschränkt) i.G., Rosental 5, 80331 Munich, Germany. Managing Director: Fernando Santoro.
Contract contact: hello@epv-group.com
Privacy contact: privacy@epv-group.com
Hereinafter “EPV”. Use of the EPV│GROUP umbrella brand or a product name does not establish an additional contracting party.
1 Scope and contractual documents
These terms apply to contracts for EPV│ABLE that expressly refer to them. The offering is directed exclusively at businesses within the meaning of section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. Contracts with consumers are not part of this offering.
Individually negotiated agreements take precedence. Otherwise, the specific order or accepted offer with its service description applies first, followed by the relevant product module and, supplementarily, these general terms. For processing on behalf of the customer, the agreed data processing agreement takes precedence within its data protection scope. Mandatory statutory provisions remain unaffected.
Deviating customer terms become part of the contract only if EPV expressly agrees to their application. In particular, these terms do not replace T-002 for Executive Mandate or T-015 for Executive Search.
2 Ordering and conclusion of contract
The website describes products and, unless expressly stated otherwise, does not yet constitute a binding contractual offer. Before placing a paid order, the customer is given the specific provider, scope of services, price, tax treatment, contract start, term, payment method and, where applicable, renewal and termination rules.
The customer submits an offer by placing an order expressly identified as subject to payment or by accepting a binding EPV offer. For an order enquiry, the contract is concluded by EPV's express order confirmation in text form. A merely technical acknowledgement of receipt or the creation of an account is not acceptance of a paid order.
EPV provides the contractual documents applicable at conclusion in a form that can be saved. A later website version does not automatically amend an existing contract. The person acting must be authorised to place the order and designate users for the business.
3 Services and limits of statements
The functions, review services, reports and any human review services specified in the order are owed. No specific economic success, increase in revenue or absence of business risks is promised.
EPV│ABLE supports defined review and assessment processes. The reliability and completeness of statements depend in particular on the data scope, quality, period and agreed review assignment. Missing or contradictory information must be treated as such and must not be presented as established facts.
The terms “Verified” or “Audit” do not, by themselves, establish a statutory auditor's opinion, official certification or a complete legal, tax or technical review. Any specifically promised human review nevertheless remains owed. These limits of statements do not exclude statutory rights concerning defective services.
4 Access and cooperation
The customer designates authorised users, keeps contact and company information up to date and informs EPV about departing users. Access credentials must not be passed to unauthorised persons. The customer ensures that its content is provided lawfully and limits personal data to the agreed need.
EPV performs its own agreed security and protective services; these obligations are not transferred wholesale to the customer. If security problems become apparent, the parties inform each other without undue delay and restrict the affected access proportionately.
Delays in cooperation do not automatically change the price or service scope. Necessary changes to dates or scope are agreed in a documented manner. Additional services require a separate engagement.
5 Rights of use and availability
For the duration of the contract, the customer receives a non-exclusive right to use the agreed functions for the booked users, organisations and properties. Resale or use for unauthorised third parties is not included unless expressly agreed.
EPV may make technical improvements and security changes without materially reducing the agreed core scope during the term. Material changes to scope, price or contractual rights require a valid agreement. A specific availability percentage or particular response time is owed only if specifically agreed. The obligation to provide services in accordance with the contract remains in place.
Planned significant interruptions are announced in advance where possible and limited in time. Statutory rights concerning defects and disruptions to performance remain unaffected.
6 EPV│ABLE review services
One-off engagement. EPV│ABLE is commissioned per review. A booking does not create a subscription. There is no annual minimum term and no automatic renewal. A further review, re-audit, EPV Verified or Total Health Check requires a separate engagement. Any existing GEN│RAL contract remains separate.
Self-Audit. The Self-Audit comprises a guided self-assessment for one property, one documented result and an overview of actions. The answers and evidence provided are within the customer's area of responsibility. The result is not an independent EPV confirmation and replaces neither EPV Verified nor a Total Health Check. Additional properties must be commissioned separately.
Financial Health Check. The Financial Health Check comprises financial management analysis for one company or property based on at least twelve and no more than twenty-four structured monthly periods. The customer confirms the allocation, period and completeness of the data basis. The result contains cost, earnings and liquidity signals, relevant variances, causes identified as hypotheses, and up to three prioritised management actions. The Financial Management Report is tied to the documented source and version. The service is not bookkeeping, tax advice, a statutory audit or the issuing of an audit opinion, and does not include any guarantee of an outcome. Direct DATEV API access is not required. EPV Verified is a separate service and is not replaced by the Financial Health Check.
EPV Verified. EPV Verified is a one-off professional review of the complete result specified in the booking. For a Financial Health Check, the specific analysis version, data period and source set are authoritative. Automated preliminary review may prepare completeness checks, contradictions, evidence, risks and open questions. Customer results labelled EPV Verified are issued only after human professional review and release by EPV. A positive confirmation is not owed. Annual repetition is not mandatory; a re-audit may be commissioned separately.
EPV Verified Priority. Priority comprises EPV Verified with prioritised handling and is offered only when an available time slot has been confirmed during booking. Within 48 hours, EPV provides professional release or a documented request for clarification. The period starts once booking and payment have been completed successfully and all required answers and evidence are complete. Necessary clarifications by the customer pause the period in a documented manner. Prioritisation does not guarantee a positive review outcome.
Distinction from the Total Health Check. The Total Health Check is a separate service and may be commissioned at any time without a prior EPV│ABLE booking. A recommendation to change services does not trigger an automatic engagement. If a THC starts within 30 days after the release of EPV Verified or EPV Verified Priority, EPV may manually agree a credit for review work already performed. There is no automatic entitlement to a credit. The Priority surcharge and fees for the Self-Audit and Financial Health Check are not credited.
Responsibility and limits of results. Self-Audit, Financial Health Check, EPV Verified and Total Health Check are distinct services and assurance levels. The customer's responsibility for decisions and implementation remains unchanged. Internal EPV master functions and ongoing GEN│RAL use are not owed solely on the basis of a single EPV│ABLE booking. Mandatory statutory rights and the liability provisions of the incorporated general terms remain unaffected.
7 Fees and payment
The prices and payment dates agreed in the accepted offer or order apply. Prices for businesses are, where indicated, net plus VAT owed by law. A specific VAT treatment is not inferred solely from the domain or product name.
The contractual and billing currency is EUR; any other currency displayed is for guidance only. The selected service is paid for once. The paid processing scope is activated only after confirmed payment; merely returning from the payment window is not sufficient. For EPV Verified, professional processing starts after payment and complete provision of the required information and evidence.
A payment service provider does not become the provider of the EPV service merely by being integrated. The contracting party, invoice issuer and service provider are identified consistently. New or additional services and price changes require a separate valid agreement.
8 Payment failure and proportionate restrictions
If a payment fails or is charged back, EPV informs the customer. Further payment attempts may be made only within the existing payment authorisation and applicable statutory requirements.
A restriction does not constitute termination. Once due amounts have been paid in full, access in accordance with the contract is restored without undue delay and without a reactivation fee.
Further action in the event of non-payment is assessed individually. Statutory default interest, statutory lump sums and recoverable enforcement costs may be claimed only where their respective statutory requirements are met; duplicate charges are avoided. Referral to registered debt collection service providers, lawyers or a court does not occur automatically solely because of a technical error.
No data is deleted solely because of payment default. Statutory rights to withhold performance, terminate for cause and claim damages remain unaffected.
9 Defects and termination for cause
The statutory rights concerning defects and disruptions to performance apply to each service owed. The customer describes an error comprehensibly to the extent reasonable; its rights are not made subject to an unreasonably short exclusion period. EPV is given an opportunity to remedy the problem where required by law.
The right to terminate for cause remains in place. Any required warnings or deadlines are governed by law. Exercising a statutory right of termination does not trigger a flat contractual penalty or automatic acceleration of the remaining annual payments.
10 Customer data and EPV rights
Rights to data and content provided by the customer remain with their respective holders. EPV receives only the processing and use authorisations necessary for the agreed service. The engagement does not automatically permit the use of personal or confidential customer content for general AI training, advertising, references or other clients' engagements.
EPV retains rights to pre-existing methods, software and general tools. This does not diminish the agreed right to use customer-specific results or statutory data export and switching rights. Use of the customer's name or logos as a reference requires separate consent.
11 Data protection and confidentiality
Where EPV processes personal customer data exclusively under documented instructions, the parties conclude the appropriate data processing agreement. EPV's own purposes of contract administration, security and compliance with statutory obligations are described separately in the privacy notice. Joint controllership is not assumed in the absence of an actual joint purpose.
Confidential information may be used only for the agreed cooperation and made accessible only to authorised persons bound by confidentiality. Exceptions apply to information lawfully known or publicly available and to disclosures required by law; where permissible, the other party is informed in advance.
Transfers between GEN│RAL and EPV│ABLE take place only within the agreed, transparent and actually authorised scope. A product purchase does not constitute blanket approval of all EPV data flows.
12 Export, return and switching providers
During the contract term, the customer receives the agreed export options. Following ordinary termination of the contract, a retrieval period of at least 30 calendar days is generally provided for exportable customer data, unless a longer statutory or agreed period applies or the customer previously requests valid erasure. The specific handover method is communicated before the contract ends.
A requested switch of provider is supported to the agreed extent and as required by law. Where mandatory provisions, in particular applicable switching requirements for data processing services, provide more extensive rights, those provisions take precedence. An export is not made conditional on concluding a new paid contract.
Subsequent erasure, backups and legally required residual retention are governed by the data processing agreement and the specific privacy notice. Restricting access does not automatically mean erasure.
13 Liability
EPV is liable without limitation in cases of intent and gross negligence, culpable injury to life, body or health, within the scope of expressly assumed guarantees, and where mandatory law provides for broader liability.
In cases of ordinary negligence, EPV is liable for breach of a material contractual obligation whose fulfilment enables proper performance of the contract in the first place and on whose fulfilment the customer may regularly rely; liability is then limited to damage typical of the contract and foreseeable when the contract was concluded. Otherwise, liability for ordinary negligence is excluded to the extent permitted by law.
No additional flat monetary liability cap is agreed. The rights of data subjects under mandatory data protection law are not restricted by these terms.
14 Governing law, jurisdiction and contractual amendments
German law applies unless mandatory statutory provisions require otherwise. Exclusive jurisdiction at EPV's registered seat is agreed only with merchants, legal persons under public law or special funds under public law, and only to the extent permitted by law.
Amendments require a valid agreement; individually negotiated arrangements take precedence. Silence in response to a new version of the terms does not constitute consent solely by virtue of these terms. If individual provisions are invalid, the statutory provisions apply; an invalid provision is not automatically replaced by the economically broadest permissible provision.