Skip to content
Ernst Systems – Organize. Resonate. Navigate.

Legal

General Terms and Conditions and License Terms

Last updated: September 30, 2026 · Version 1

This English version is provided for convenience. The German version is legally binding.

1. Provider and scope

The provider of Orena is:

Isabel Ernst
trading as “Capacity Leadership Coaching”
Business name: Ernst Systems
Möhnestraße 5
79238 Ehrenkirchen
Germany

Email: hello@ernst-systems.com
Phone/WhatsApp Isabel Ernst: +49 (0)176 32357986
Phone/WhatsApp Heiko Ernst: +49 (0)176 31098811

WhatsApp is the best way to reach us.

These General Terms and Conditions and License Terms apply to the purchase and use of the Orena software, including the associated iPhone app, Mac software, documentation and updates provided by Ernst Systems.

Conflicting or deviating terms and conditions of a business customer only apply if Ernst Systems has expressly agreed to them in text form.

Mandatory consumer rights of the country or region in which a consumer has their habitual residence remain unaffected.

2. Orena and its system requirements

Orena is a locally operated AI assistant. The essential processing and storage take place on the customer’s Mac. The iPhone app is used to control the connected Mac.

Use requires in particular:

  • a compatible Mac and a compatible iPhone;
  • supported versions of macOS and iOS;
  • a working network connection;
  • proper pairing of the devices;
  • for cloud AI functions, the customer’s own accounts and API credentials with supported providers;
  • for connected programs and services, the customer's own accounts with the respective provider;
  • where applicable, a Cloudflare account or tunnel set up by the customer;
  • a valid Apple ID and compliance with Apple’s terms.

If the Mac is switched off, unreachable or not properly connected, functions of the iPhone app may be limited or unavailable.

System requirements and supported functions may change due to technically necessary further development. Ernst Systems will not make any change that materially reduces the contractual benefit without objective reason.

3. Conclusion of contract

Presentations on the website, in presentations or in advertising materials do not constitute a binding offer unless expressly designated as such.

A contract is concluded when Ernst Systems expressly accepts an order, when the customer accepts an individual offer in due time, or when the purchase is completed via the Apple App Store or another expressly designated sales channel.

The customer receives the contract information and these terms in a storable form.

4. Prices and payment

The prices, billing periods and payment terms stated at the time the contract is concluded apply.

Third-party costs are not included in the Orena price unless expressly promised. These may include in particular:

  • Apple or App Store costs;
  • costs of Google Gemini, Anthropic or other AI providers;
  • Cloudflare or hosting costs;
  • mobile, telephony and data transmission costs;
  • costs of other external services.

The customer concludes contracts with these providers themselves and pays for their services directly.

For recurring contracts, the term, renewal, notice period and price are shown separately before conclusion.

5. License

For the duration of the agreed right of use, Ernst Systems grants the customer a simple, non-exclusive, non-transferable and non-sublicensable license to use Orena as intended.

The license applies to the number of users and devices stated in the offer or purchase process. If there is no express statement, it applies to the purchaser’s personal or internal business use on their own compatible devices.

The customer may make backup copies insofar as this is legally permitted and necessary for secure use.

The following are not permitted in particular:

  • selling, renting, lending or sublicensing Orena;
  • making it available to unlicensed third parties;
  • circumventing license, security or access protection measures;
  • removing copyright, trademark or origin notices;
  • decompiling, reverse engineering or otherwise analysing it, unless exceptionally mandatorily permitted by law;
  • using Orena to develop a directly competing product through unauthorised copying of protected components.

Mandatory statutory rights, in particular to establish interoperability, remain unaffected.

6. Local data and the customer’s area of responsibility

Orena generally stores content locally on the customer’s devices. Ernst Systems does not operate central storage of Orena conversations, tasks, files, contacts or reminders.

The customer is responsible for:

  • the security of their devices and user accounts;
  • secure passwords and device locks;
  • protecting their API keys and credentials;
  • suitable local backups;
  • reviewing access rights and permissions;
  • the lawful input and processing of personal or confidential data;
  • deleting data that is no longer needed.

Ernst Systems can generally neither restore nor remotely delete local customer data if the customer has no suitable backup.

7. Customer-owned cloud and AI services

For cloud AI functions, the customer uses their own accounts and API keys with supported providers, in particular Anthropic (Claude, currently models from the Claude Sonnet family) and Google (Gemini, currently Gemini Flash Live). The model version used may change with updates.

These services are not sub-accounts of Ernst Systems. The customer decides:

  • which provider to use;
  • which content is transmitted;
  • which contract and privacy options are set;
  • whether a business-grade plan and a Data Processing Addendum are required;
  • in which region data is processed;
  • whether the service is permissible for the intended types of data.

Before activation, the customer must confirm that they have reviewed the terms and privacy information of the selected provider and concluded any required agreements.

Ernst Systems owes neither the permanent availability nor unchanged prices, models, services or terms of use of a third-party provider.

The customer engages the AI providers directly. They are not vicarious agents of Ernst Systems. Ernst Systems is not responsible for outages, changes, prices or outputs of these providers' models, unless damage results from a defect in the Orena software.

If consent to cloud AI is withdrawn or an API access is removed, the dependent AI and live voice functions will no longer be available. Local functions remain available as far as technically possible.

8. Connected third-party programs and services

Orena can work with numerous third-party programs and services, such as email, calendar, CRM, accounting, payment, project and marketing services. Ernst Systems lists the supported programs on its website.

The customer connects these services with their own accounts. The customer is responsible for being permitted to use the services, for their terms allowing the connection and for there being a legal basis for the data processed. The customer bears the costs of third-party providers.

Ernst Systems does not warrant that a specific third-party provider can be connected permanently. If a provider changes its interface, terms or prices or discontinues a service, the connection may be restricted or cease. Ernst Systems will then endeavour to make an adjustment as part of the updates.

Orena connects payment services read-only. Orena does not trigger payments, transfers or refunds.

9. Cloudflare and remote access

Where the customer uses their own Cloudflare account, tunnel or comparable connection service, the customer is responsible for its setup, security, costs and lawful use.

A technical connection to Ernst Systems' Cloudflare services serves the secure delivery of signed Orena updates and, if the customer uses it, the end-to-end encrypted transfer of the manager dashboard. No readable Orena conversations or customer files are transferred to Ernst Systems through it.

10. Apple and App Store

If Orena is obtained via the Apple App Store, the following also applies:

1. This agreement is between the customer and Ernst Systems, not between the customer and Apple.

2. Apple is not responsible for Orena, its content, operation, maintenance or support.

3. The license is limited to use of the app on Apple devices that the customer owns or controls, and is subject to the applicable Apple usage rules. Where Apple permits Family Sharing or volume purchases, the app may be used to the extent permitted there.

4. Ernst Systems is responsible for maintenance and support insofar as such services are owed under these terms. Apple has no obligation to provide maintenance or support services.

5. If Orena fails to conform to an applicable warranty, the customer may notify Apple. Apple may refund the purchase price paid to Apple for the app to the extent provided by law or contract. Beyond that, Apple has – to the extent permitted by law – no warranty obligation with respect to Orena.

6. Ernst Systems, not Apple, is responsible for addressing claims relating to Orena or its use. These may include product liability, consumer protection, privacy or legal compliance claims.

7. In the event of a justified claim that Orena infringes third-party intellectual property rights, Ernst Systems and not Apple is responsible for the investigation, defence and settlement of the claim.

8. The customer confirms that they are not located in a country subject to a relevant embargo and are not listed on any relevant sanctions or exclusion list.

9. When using Orena, the customer must comply with applicable third-party terms, for example mobile, internet, AI and cloud contracts.

10. Apple and its subsidiaries are third-party beneficiaries of these license terms and may enforce the provisions relating to Apple against the customer.

11. Phone agent

The phone agent may only start a call via the paired iPhone on the customer’s specific instruction. Orena does not conduct independent telephone campaigns.

At the start, Orena informs the person being called that she is an AI assistant, for example:

“Hello, I’m Orena, the AI assistant of [name].”

The customer remains the originator of the call and is responsible for its content, recipient, timing and legal basis.

In particular, the customer must:

  • comply with local telephone, advertising, data protection and competition rules;
  • observe national and regional do-not-call or Robinson lists;
  • document any required prior consent for promotional calls;
  • honour withdrawals and objections without delay;
  • make sure that an artificial or automated voice may be used;
  • provide all required notices and obtain necessary consents for any recording or transcription;
  • not use the phone agent for deception, harassment, threats, fraud or unlawful mass calls.

These obligations apply in particular to calls to Germany, Canada and the USA. As requirements in Canada may differ by province and in the USA by state, the customer must observe the rules applicable at the location or line of the person being called.

Emergency numbers and safety-critical telephone connections must not be handled via Orena.

12. Permitted use

Orena may only be used for lawful purposes.

The following are not permitted in particular:

  • infringement of personality, privacy, copyright or trade secret rights;
  • unauthorised access to devices, accounts, files or networks;
  • malware, phishing, fraud or impersonation;
  • unlawful surveillance or profiling;
  • discriminatory or solely automated decisions with impermissible significant effects;
  • processing of special or highly sensitive data without an appropriate legal basis and safeguards;
  • unlawful advertising or mass communication;
  • use to circumvent legal or technical protection measures;
  • use in safety-critical areas where an error may directly lead to death, personal injury or serious property damage.

In the event of a serious or repeated breach, Ernst Systems may, after prior consideration and – where reasonable – after a notice or warning, restrict support, update or license services or terminate the contract for good cause.

13. AI results and human review

AI outputs may be incomplete, inaccurate, outdated or factually wrong. Orena does not replace individual legal, tax, financial, medical or other professional advice.

The customer must review results appropriately before using them. This applies in particular to:

  • contracts and legally relevant declarations;
  • payments and orders;
  • publishing or sending messages;
  • personnel and recruitment decisions;
  • medical or safety-related content;
  • deleting or changing important data;
  • phone calls and communication with third parties.

Orena may only carry out actions within the permissions and instructions granted by the user. The customer remains responsible for approved actions.

Orena works with third-party language models, in particular Claude by Anthropic and Gemini by Google. Their responses are generated on the basis of probabilities and cannot be fully predicted by either Ernst Systems or the provider. Ernst Systems therefore does not warrant that every AI output is correct, complete or fit for a particular purpose. Ernst Systems owes the software functioning in accordance with the contract, in particular the connections, the approval workflows, the cost brake and the security functions.

After installation, Orena starts in a practice mode in which nothing is sent. The customer decides in the settings which actions Orena may carry out without prior approval, such as automatically confirming appointment requests. The customer is responsible for actions Orena carries out within these settings, the customer's instructions or approvals as if the customer had carried them out personally. The customer regularly reviews what Orena has done and restricts the settings if results do not meet expectations.

Before first use and after every material change to these terms, the privacy policy or the AI notices, the customer confirms in the app and during setup in the dashboard that they have received and taken note of these texts and the notices on the limits of AI. The confirmation is stored with the date, time and version of the texts and cannot be withdrawn or changed. The texts can be accessed at any time in the dashboard's administration area.

14. Updates and changes

Ernst Systems may provide updates to fix errors and security vulnerabilities, maintain compatibility with macOS, iOS or third-party providers, implement legal requirements and improve or further develop functions.

Customers must install security-relevant updates within a reasonable time.

For consumer contracts for digital products, Ernst Systems provides the legally required updates for the relevant provision period and informs about their availability.

Third-party providers may change or discontinue interfaces or services. Ernst Systems endeavours to make reasonable adjustments but cannot guarantee unchanged permanent support for every external service.

15. Availability and support

Ernst Systems endeavours to provide its own software and update infrastructure reliably. Uninterrupted availability at all times is not promised unless expressly agreed in the contract.

Outages may be caused in particular by switched-off or unreachable customer devices, missing internet or mobile connections, third-party services, maintenance and security measures, force majeure or faulty customer-side configurations.

Support requests can be sent to hello@ernst-systems.com.

16. Warranty rights

For consumers, the statutory provisions on digital products and the statutory warranty rights apply.

The customer should report a detected error with a comprehensible description and reasonably cooperate in the error analysis. No confidential content or credentials that are not required for the analysis need to be disclosed.

For business customers, Ernst Systems initially has the right to remedy the defect at its discretion by repair or replacement delivery. If subsequent performance fails, the statutory rights of the business customer remain, unless validly agreed otherwise.

For business customers, claims for defects become time-barred one year after the software or the respective update has been provided. This does not apply in the cases of unlimited liability under section 17.

There are no warranty claims insofar as a problem was caused exclusively by unsupported devices or operating systems, required updates not installed, faulty or insecure configuration by the customer, changes by unauthorised third parties, failure of a customer-owned third-party service, or blocked or insufficiently funded API accounts.

Mandatory statutory rights remain unaffected.

17. Liability

Ernst Systems is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for expressly assumed guarantees and in other cases in which a limitation of liability is not permitted by law.

In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

Otherwise, liability for slight negligence is excluded.

For business customers, Ernst Systems is not liable, to the extent permitted by law, for indirect damage, lost profit or data loss if the damage could have been avoided by appropriate, up-to-date backups.

Ernst Systems is not liable for the consequences of actions Orena carries out within the customer's instructions, approvals or autonomy settings, nor for substantive errors in AI outputs that the customer could have checked before use, unless the damage results from a software defect for which Ernst Systems is responsible. Unlimited liability under the first sentence of this section remains unaffected.

Ernst Systems only gives guarantees if they are expressly designated as a guarantee in text form. Descriptions of functions on the website, in advertising or in the software describe the service and are not a guarantee.

Business customers indemnify Ernst Systems against third-party claims arising from the customer using Orena unlawfully or contrary to these terms, for example for impermissible advertising calls or messages, insofar as the customer is responsible for this. The indemnity includes reasonable costs of legal defence.

These provisions also apply in favour of the employees, agents and vicarious agents of Ernst Systems.

18. Data protection and confidentiality

The privacy policy in its current version applies to the processing of personal data by Ernst Systems.

The customer may only process personal data of third parties if there is a valid legal basis and the required information, consents and agreements are in place.

In the case of business use, the customer is responsible in particular for privacy information towards employees, customers and conversation partners, role and permission concepts, deletion and retention periods, any required data protection impact assessments, contracts with the cloud and AI providers chosen by the customer, and compliance with employee, telecommunications and co-determination law.

Since Ernst Systems generally does not receive the local Orena content, Ernst Systems does not become the customer’s data processor with respect to this content merely by selling the software. Should access by Ernst Systems exceptionally be agreed for an additional support or service, the scope and required data protection agreements will be determined separately before access.

If the customer uses Ernst Systems' dashboard intermediate store, Ernst Systems processes encrypted data packets and connection data such as IP addresses on the customer's behalf. Ernst Systems cannot read the content. Ernst Systems concludes a data processing agreement under Article 28 GDPR with business customers for this purpose. Cloudflare acts as a sub-processor.

Business customers and Ernst Systems treat confidential information of the other party received under this contract, in particular trade and business secrets, as confidential and use it only to perform the contract. This does not apply to information that is publicly known, that a party demonstrably already knew beforehand or that it must disclose due to a statutory or official obligation. This obligation continues after the contract ends.

19. Term and termination

For a license acquired for an unlimited period, the right of use generally exists indefinitely, subject to the agreed license terms and technically required system requirements.

For subscriptions, the terms and notice periods stated in the offer apply.

The right to extraordinary termination for good cause remains unaffected. Good cause may exist in particular if a party seriously breaches essential contractual obligations despite a warning.

After the end of the contract, the customer must uninstall Orena unless a continuing right of use exists. Local data should be exported or deleted beforehand. Ernst Systems cannot back up local customer data remotely.

20. Right of withdrawal for consumers

Consumers are generally entitled to a statutory right of withdrawal for distance contracts.

For digital content not supplied on a tangible medium, the right of withdrawal may expire before the end of the regular withdrawal period if:

  • the consumer expressly requests that performance of the contract begins before the end of the withdrawal period;
  • the consumer confirms their knowledge that they lose their right of withdrawal once performance of the contract begins; and
  • Ernst Systems provides the legally required contract confirmation.

This consent must not merely be contained in the terms and conditions but must be obtained expressly and separately in the ordering process.

Consumers can find the withdrawal instructions and the statutory model withdrawal form under Right of withdrawal. They are also provided separately before the contract is concluded.

21. Changes to these terms

Ernst Systems may change these terms for future contracts.

For ongoing contracts, changes are only made if there is an objective reason, for example a change in the law, a security requirement, technical development or a change to a necessary third-party service.

Material changes will be communicated in good time and transparently. Where consent is required, it will be obtained expressly. Silence is only deemed consent if this is legally permissible and the customer has been properly informed of its significance, the deadline and the option to object.

For unlimited licenses already acquired, changes may not retroactively withdraw the agreed core of the right of use.

22. Transfer

The customer may only transfer the contract or the license with the prior consent of Ernst Systems, unless mandatory law permits a transfer.

Ernst Systems may transfer the contract to a legal successor if this does not impair the customer’s rights. Consumers will be informed of such a transfer.

23. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law only applies insofar as it does not deprive them of the mandatory protective provisions of the state or region of their habitual residence.

For merchants, legal entities under public law and special funds under public law, the place of business of Ernst Systems is the place of jurisdiction, to the extent permitted by law.

For consumers, the statutory places of jurisdiction apply. This applies in particular to customers in Germany, Canada and the USA.

For contracts with businesses, the place of performance is the registered office of Ernst Systems in Ehrenkirchen, to the extent permitted by law.

24. Consumer dispute resolution

Ernst Systems is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

25. Contract language and order of precedence

The contract language is German unless another contract language has been expressly agreed.

Where translations are provided, the German version is the authoritative version, insofar as this is permitted under the customer’s mandatory law.

Individual agreements and expressly assured characteristics take precedence over these general terms.

Should individual provisions of these terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.

26. Contact

Ernst Systems
Isabel Ernst
Möhnestraße 5
79238 Ehrenkirchen
Germany

Email: hello@ernst-systems.com
Phone/WhatsApp Isabel Ernst: +49 (0)176 32357986
Phone/WhatsApp Heiko Ernst: +49 (0)176 31098811

Am besten sind wir über WhatsApp erreichbar.