General terms and conditions

This English translation is provided for convenience only. Only the German version is legally binding; in case of any discrepancy, the German version prevails.

As of: 12 October 2026

1. Scope, contracting party

These terms apply to the use of CBAMfix. The provider is GambTec, owner Toni Gambino, Meldenweg 18, 12357 Berlin, Germany (“we”). CBAMfix is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e. companies that import goods into the EU, and at customs service providers. We do not conclude contracts with consumers. Deviating terms of the customer only apply if we expressly agree to them.

2. Service

CBAMfix is a browser-based application for recording imports, checking CN codes against the list of goods of the Carbon Border Adjustment Mechanism (CBAM, Regulation (EU) 2023/956) and monitoring the quantity threshold per calendar year. The scope depends on the chosen plan:

• Threshold Watch – €29.00 per month or €290.00 per year: 50-tonne threshold monitored continuously, 30 documents per month read by AI, E-mail warning before the threshold, CN code check against Annex I, 2 users.
• CBAM Declarant – €79.00 per month or €790.00 per year: everything in Threshold Watch, 150 documents per month, emission data per supplier installation, supplier portal (English/German), 5 users.
• Customs agency – €149.00 per month or €1,490.00 per year, plus €15.00 per client per month or €150.00 per year; the number of clients is billed on an ongoing basis, changes are prorated: all clients in one account, switch with one click, traffic light per client – who needs to act is on top, declaration and supplier portal per client, shared team and document quota, read-only access for your clients, bulk import from your customs software.

Functions marked as “in preparation” are not yet part of the contract.

All prices include statutory VAT. Customers established in another EU member state who provide a valid VAT identification number pay the net price; VAT is then owed by the recipient of the service (reverse charge), and the invoice shows both VAT identification numbers. We continue to develop the application; functions may change as long as the essential scope of the booked plan is preserved.

3. No legal, tax or customs advice

CBAMfix is a tool for organisation and monitoring. The application does not provide legal, tax or customs advice and does not replace binding tariff information. The customer alone remains responsible for the classification of goods, the accuracy of customs declarations, applying for authorisation as a CBAM declarant and fulfilling all obligations under the CBAM Regulation. The list of goods is based on Annex I of the Regulation in the version entered by us; if the EU changes the legal situation, we adapt the application within reasonable limits and without culpable delay. The official publications and the information provided by the competent authorities (in Germany the German Emissions Trading Authority, DEHSt) are always decisive.

4. Conclusion of contract and trial period

The contract is concluded upon registration and confirmation of the e-mail address. The first 14 days are a free trial period. It ends automatically; without booking a plan no costs arise, and access to the working functions is suspended.

5. Term, payment, cancellation

• A plan is billed monthly or annually in advance. Payment is processed by our payment service Stripe; invoices are available in the customer portal.
• The subscription renews for a further billing period unless cancelled beforehand. Cancellation is possible at any time with effect from the end of the current billing period in the customer portal or by e-mail. Fees already paid are not refunded pro rata.
• A change of plan is possible at any time; amounts already paid are prorated.
• The one-off access “Annual declaration, one-off” costs €149.00 once, is valid for 60 days from payment and ends automatically, without cancellation and without renewal. A further purchase extends it from the previous end date. There is no pro-rata refund for early non-use.
• If a payment fails, access remains available for another 7 days. After that it is suspended until the payment has been settled.
• The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer uses the application unlawfully or violates section 6.

6. Obligations of the customer

• Access data must be kept secret; each user receives their own access. If misuse is suspected, the password must be changed immediately.
• The customer is responsible for ensuring that the recorded imports are complete and correct. Monitoring of the quantity threshold is only as good as the recorded data.
• The customer only uploads documents that they are permitted to process.
• The application may not be resold, read out automatically or used in a way that impairs operation for others.

7. AI functions

CN codes, masses and other information are read automatically from uploaded documents. The result consists of suggestions that may contain errors; they only count towards the quantity threshold after the customer has reviewed and confirmed them. Notes and warnings of the application are a working aid. The number of documents included in the plan is a monthly quota; unused documents expire.

8. Availability, maintenance, data backup

We operate the application with the care of a prudent provider and back up the data daily. We do not promise any specific availability; where possible, we schedule maintenance work at low-traffic times. The customer keeps their customs records independently of CBAMfix.

9. Rights to content

The customer's data (imports, documents) remains theirs. We only use it to provide the service; it is not analysed for other purposes or passed on to third parties. The application itself, its design and technology remain our property.

10. Data protection and data processing

How we process data is set out in the privacy policy. Insofar as we process personal data for the customer (such as names on documents), the data processing agreement applies; it forms part of this contract.

11. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.
• In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, at most to the fees paid by the customer in the twelve months before the damage occurred. Essential obligations are those whose fulfilment makes the performance of the contract possible in the first place and on which the customer may rely.
• Otherwise, liability for slight negligence is excluded. This applies in particular to lost profits, to consequences of incorrect AI suggestions that the customer has confirmed, and to penalties, charges or certificate costs incurred by the customer under the CBAM Regulation.
• For data loss we are only liable for the effort that would be required for recovery with proper data backup.

12. End of contract and data

After the end of the contract, the customer's data remains stored for another 90 days so that they can resume the subscription or retrieve their data as CSV; after that we delete it. We delete it earlier on request. Statutory retention obligations for our own billing records remain unaffected.

13. Changes to prices and terms

We announce changes to these terms or to prices by e-mail at least six weeks in advance. Price changes apply at the earliest from the next billing period. If the customer does not agree, they may terminate with effect from the date the change takes effect; we point this out in the announcement. If they continue to use the application afterwards, the amended terms apply.

14. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is Berlin if the customer is a merchant, a legal entity under public law or a special fund under public law. Should a provision be invalid, the remainder of the contract remains valid.