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Preseed | Seed financing –


Innovative solutions
Program to promote the creation and development of innovative companies
Companies with potential for social impact

Program document in
accordance with point 3 of the guidelines for Austria Wirtschaftsservice
Gesellschaft mbH for the promotion of technology and innovation from January
1st, 2022 (“AWS T&I Guideline”)

the Federal Minister for Digitalization and Economic Location in agreement


with the Federal Minister of Finance

Vienna, January 1, 2022


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Contents

1 Introduction................................................. ................................................ ....................4


1.1 Initial situation and motive ........................................... ................................................ 4

1.2 Strategic objectives of the funding program .......................................... .....5

1.3 Operational objectives of the funding program .......................................... .........6


1.4 Indicators ................................................ ................................................ .................7

1.5 Subject of funding .......................................... ................................................ 8th


1.5.1 General................................................ ................................................ ................................ 8 1.5.2
Preseed module – Innovative Solutions .......... ................................................ ....................... 9
1.5.3 Seed Financing Module – Innovative Solutions .......................................... ................................ 9

1.6 Differentiation from existing programs .......................................... ....................... 9

1.7 Evaluation ................................................ ................................................ .................. 10

2 Legal bases ................................................ ................................................ ......10


2.1 National legal basis ............................................ .......................................... 10

2.2 Basics of European law .......................................... .......................................... 10

3 Funding applicants, funding type, amount and intensity ........................................... 11


3.1 Formal and material requirements of those applying for funding ........................... 11
3.1.1 General requirements .......................................... ................................................ 11
3.1.2 Preseed module – Innovative Solutions .......................................... .......................................... 12
3.1.3 Seed Financing Module – Innovative Solutions .......................................... ................................ 13

3.2 Type and amount of funding, funding intensity ........................................... ................14


3.2.1 Preseed module – Innovative Solutions .......................................... .......................................... 14
3.2.2 Seed Financing Module – Innovative Solutions .......................................... ................................ 15

4 Costs................................................ ................................................ ..........................15


4.1 Eligible costs .......................................... ................................................ .....15

4.2 Costs not eligible for funding ........................................... ................................................ 17

5 Process of granting funding ........................................... ................................ 18


5.1 Submission of the funding application ........................................... .......................................... 18

5.2 Evaluation and decision criteria................................................. ..........................19


5.2.1 General .......................................... ................................................ ................................... 19
5.2.2 Evaluation criteria ........................................... ................................................ ............ 19

5.3 Selection process, evaluation committee and decision ........................................... 20


5.3.1 Selection process ........................................... ................................................ ................20
5.3.2 Funding decision.................................................. ................................................ ... 21
5.3.3 Evaluation committees ........................................... ................................................ ............. 21
5.3.4 Rules of Procedure ........................................... ................................................ ............ 21

5.4 Processing the funding .......................................... .......................................... 22

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5.4.1 Funding agreement ........................................... ................................................ .................. 22


5.4.2 Minimum provisions for the design of the funding agreement................................. 22
5.4.3 Further provisions of the funding agreement ........................................... ....................... 23
5.5 Determination of the project duration ........................................... ................................... 24
5.5.1 Preseed module – Innovative Solutions .......................................... .......................................... 24
5.5.2 Seed Financing Module – Innovative Solutions .......................................... ............................. 25
5.6 Contractual changes during the project period .......................................... .....25

6 Control and payment ................................................ ........................................... 25

6.1 Cumulation and multiple funding ........................................... ........................... 25

6.2 Control of the intended use of funding ........................... 27

6.3 Discontinuation of funding and repayment obligations ........................................... 28

6.3.1 Additional reasons for discontinuation and reclaiming the Preseed module – Innovative
Solutions ................................................ ................................................ ........................... 30
6.3.2 Additional reasons for discontinuation and reclaiming Seed-financing module – Innovative
Solutions ................................................ ................................................ ........................... 30

6.4 Payout ................................................ ................................................ .................. 30

6.5 Data protection ................................................ ................................................ ..............31

6.5.1 General data protection regulations ........................................... ................................ 31


6.5.2 Publication and presentation of the project results ........................................... .32

7 Liability ................................................ ................................................ ................................. 32

8 Duration of validity and transitional provisions ........................................... ..............32

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1 Introduction

1.1 Initial situation and motive


Since 2008, strategies have been developed and implemented at the federal level to specifically promote those
innovation-driving forces in Austria who develop pioneering and creative solutions for current challenges outside of
high technology (deep tech/high tech). The creative industries with their transformative approaches were identified
early on as an important driver of innovation and economic growth.

Funding programs such as AWS impulse In the follow-up program AWS Creative Impact, the transformative
potential of the projects on society or the industry was considered as an additional selection criterion. Building on
this, a large number of creative economy projects were supported, which, with their innovative solutions, have led
to employment and growth as well as a sustainable improvement in social problems.

The examples are as diverse as the creative industries themselves: sophisticated designs to create bicycle parking
spaces in cramped urban areas, new reusable containers for food deliveries to reduce packaging waste, innovative
gaming formats to support the rehabilitation of stroke patients or multimedia avatars that act as interpreters for
Hearing-impaired people act – to name just a few.

With the new funding program Preseed | Seed financing – Innovative Solutions will now focus even more on the
impact potential of the funded projects. While the state creates the political framework for social change, companies
are also required to be innovative in order to develop specific products, services, processes and business models.

The program is aimed at young companies that are supported in the development and implementation of highly
innovative solutions with relevant social added value beyond high technology. The creative innovation process
takes place in sub-
take place in all sectors - from the creative industries to low-tech to social development.

repreneurship1 . According to an evaluation by the Austrian Startup Monitor 2020 (ASM), 71% of all companies
surveyed stated that they pursue social and/or ecological goals.

1 The understanding of social entrepreneurship by the Social Entrepreneurship Network Austria (SENA) was adopted, which largely corresponds to the EU
definition. According to the definition of the Social Entrepreneurship Monitor Austria published by SENA in 2020, the primary goal of social entrepreneurship is to
solve societal (social and ecological) challenges. This is achieved through the continuous use of entrepreneurial resources and results in new and innovative
solutions. Steering and controlling mechanisms ensure that social goals are implemented internally and externally. That means reinvestment

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The challenges addressed can, for example, lie in social or societal fields such as education,
diversity, the environment, health, but also relate to economic change, such as changing processes
within an industry. The impact potential is measured by how strong and how far-reaching the impact
is on the groups directly or indirectly affected by the problem.

The financial support is intended to serve in particular as a start-up aid in the (pre-) start-up phase
and the first growth phase, as private financing instruments often do not work or only to an
insufficient extent. In addition, the companies are supported in terms of content as part of the
program: workshops and consulting services such as business model development, market launch
or intellectual property rights are intended to ensure the success of the projects in critical phases.

In addition to the direct support of entrepreneurial innovation projects with impact potential, their
visibility is also increased through publicity measures as part of the program. For example, by
announcing successful founders, role models should be created and an entrepreneurship culture
with a focus on impact in and from Austria should be established.

The implementation of the program is carried out by AWS, as it brings together synergistic
instruments for start-up, growth and technology financing as well as special measures to support
the protection of intellectual property. Thanks to AWS's existing expertise, in addition to monetary
support, ongoing support, monitoring of the projects and target group-oriented accompanying
measures represent essential components of supporting the submitted projects.

1.2 Strategic objectives of the funding program

Preseed | Seedfinancing – Innovative Solutions addresses the following areas of action in the
Federal Government’s RTI Strategy 2030 in several respects, in particular:

• Goal 1: Catch up with the international leaders and strengthen Austria as an RTI location

o Use the opportunities offered by digitalization for society, the economy, climate protection
and administration in Austria and purposefully drive forward digital transformation.
• Goal 1, Area of Action 1: Increase participation in EU missions, EU partnerships and IPCEIs

o Clear definition of national areas of strength and future topics (e.g. digitalization
ration, energy, health and mobility).

of profits has priority over distribution to potential shareholders. In this way, involuntary mission drift is prevented and the goal is prioritized according to the
highest possible social impact.

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• Goal 2, field of action 2: Applied research and its impact on the economy and
support society

o Consolidate the RTI foundation by founding and settling innovative companies and expanding Austria as a
production location (digital transformation of the economy, positioning Austria as a digitalization
champion); o Advice for small and medium-sized enterprises (SMEs) and integration of
essential
actors, creation of larger program lines and strengthening of risk financing; o Improving the innovation
capacity and output of small and medium-sized companies
Company;
o Awareness of the value of research and innovation in the public interest
strengthen;

o to develop new digital products and services as well as to un-


contribute to supporting the digital transformation of the economy.

• Goal 2, field of action 3: RTI to achieve the climate goals:

o Strengthening research in the areas of the climate crisis as well as climate change adaptation and resource
efficiency; o Promoting cross-sector
cooperation and implementing holistic solutions
sung.

• Goal 3, Area of Action 1: Develop and promote human resources

o Consideration of creativity, critical research spirit and environmental awareness; o Strengthening equality
and diversity in R & D as well as increasing attractiveness and funding
promotion of research careers, especially for women.

1.3 Operational objectives of the funding program

The general objective is the economically sustainable establishment of competitive, economically independent and
innovative companies with social impact potential and the transition to competitive products, processes or services.
Overall, the attractiveness and thus the number of start-ups in the non-technological sector should be increased
and the situation of newly founded companies in the area of intellectual property should be continuously improved.
Accompanying start-up, growth and innovation protection advice makes a significant contribution to this.

Preseed | Seed financing – Innovative Solutions contributes in particular to the following operational aspects
AWS T&I Policy Objectives:

1. Promoting knowledge-intensive start-ups: monetary support and support through advisory services in the pre-
foundation and start-up phase reduce know-how and financing gaps for those applying for funding;

2. Increasing the national and international competitiveness of highly innovative companies through supply and
demand side measures: the creation

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new product and service offerings that prove themselves in the international environment contribute
to strengthening the business location;

3. Improving an effective entrepreneurship environment: the accompanying measures of the program,


which build on the very specific knowledge of AWS from numerous start-up projects, improve the
environment in which those applying for funding build their companies;

4. Professionalization of companies in innovation protection: the specific consulting services on


intellectual property enable all aspects of innovation protection to be examined in the early phase
of the company and to ensure innovation and competition protection tailored to the project;

5. Increasing entrepreneurial innovation to solve social challenges: innovative, effective projects often
develop solutions for social challenges in areas such as health, demographic change, environmental
and climate protection, and education.

6. Equality between women and men: increasing the participation of women in green spaces
teams as well as in selection and decision-making processes at AWS.

1.4 Indicators
The measures based on this program document contribute to the following general T&I indicators in
accordance with point 1.2.4 of the AWS T&I policy:

1. Number of highly innovative start-up projects


2a. Share of above-average growing companies

3. Number of young T&I companies with start-up and growth advice and networking measures

4. Number of projects with IP advice

5a. Proportion of projects that help achieve the SDGs, especially climate and environmental protection
goals, contribute

5b. Proportion of projects related to digitalization

6a. Proportion of women in evaluation committees

6b. Proportion of start-up projects with women in the management team

In addition, the following program-specific indicator is collected:

• Jobs created

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1.5 Subject of funding

1.5.1 General
The pre-foundation, founding and initial growth of (future) companies are supported

• demonstrably high level of innovation,


• high positive social added value/impact as well
• realistic and high market opportunities within the framework of scalable business models

A high level of innovation means developing a completely new solution to existing problems,
but also the development of significant additions to existing solutions or the application of
existing techniques/materials/processes in a new area or to solve a new problem.

Projects that correspond to the state of the art or that simply aim at routine changes or gradual
further development of existing products, services and manufacturing processes (incremental
innovations) cannot be funded.
Projects with a high-tech and deep-tech character are also not the focus of Preseed | Seed
financing – innovative solutions.

A high social added value/impact of the project is demonstrated by a large scope and/or
depth of impact on affected groups of people or the topic areas listed below. The aim is to
specifically solve or alleviate a specific problem that affects a definable group of people in their
lifestyle or companies in their economic activities through (social) innovation. Impact is not
only understood in a social, environmental or societal sense (Social2 Impact), but is defined
more broadly to also include other positive effects on companies, employees, customers or
users of services.

The innovation-specific impact can lie in the following subject areas, among others:

• Diversity / Equality / Integration / Inclusion


• Environment / resources / climate protection

• social and/or economic change


• Health/care
• Education
• Mobility/transportation
• Urban development / rural life / housing

2 The English term 'social' is not synonymous with the German word 'social', which has a much narrower meaning. Rather, 'social' should be correctly translated
as 'social'.

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The basis for realistic and high market opportunities is a promising and scalable
res business model. Indicators for this include:

• Economic viability of the (planned) cost and price structure

• Clear ideas about the market, target group and competition

• (planned) processes

• Cooperation partnerships, for example for production and distribution

1.5.2 Preseed module – Innovative Solutions

Entrepreneurial pre-foundation and start-up projects are supported, which are to be implemented
economically through the development of an initial “proof of concept” or a prototype. The focus
is on novel products, services or applications whose content and economic feasibility still
needs to be checked.

1.5.3 Seed financing module – Innovative Solutions

Entrepreneurial start-up and scale-up projects are supported where a “proof of concept” can
already be demonstrated and which are aimed at achieving market maturity and market launch.
The focus is on novel products, services or applications whose content and economic feasibility
can already be presented in a plausible and comprehensible manner. Innovative, effective and
scalable projects should be implemented more quickly with the help of the funding and lead to
faster company growth. The development steps up to market readiness as well as the first
measures for market transition are financed.

1.6 Differentiation from existing programs

The Preseed | program family Seed financing addresses highly innovative projects in the pre-
foundation, start-up and initial growth phases. Scalability and economic potential are therefore
essential parameters in both programs. While Preseed | Seed financing – Deep Tech, however,
focuses on the area of high technology, addresses Preseed | Seed financing – Innovative
Solutions exclusively projects that, apart from high technology, have the goal of solving social
problems and creating special social added value (“Impact”).

Analogous to Preseed | Seed financing – Deep Tech, the monetary support is supplemented
by targeted consulting services on start-up and growth issues as well as innovation protection.

For both modules (Preseed – Innovative Solutions and Seedfinancing – Innovative Solutions)
no funding is offered in Austria that is comparable in terms of objectives and funding amount.
Existing funding programs are tied to the existence of entrepreneurial structures (no pre-
foundation/foundation phase) or are not necessarily aimed at a high level of innovation (e.g.
funding offers from the business agency

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Vienna like creative_pioneer, creative_project and creative_to market). Existing impact funding
such as FFG Impact Innovation focuses on intensive problem analysis and idea generation
instead of the concrete implementation of a prototype. Pre-competitive funding in the start-up
area (e.g. incubators) does not represent an overlap.

1.7 Evaluation
This program document is evaluated in accordance with BHG 2013. This evaluation will be
carried out based on the indicators set out in 1. 4 by the end of the second quarter of 2025.
The corresponding starting and target values result from the WFA.

For the purpose of the evaluation, the AWS must ensure that appropriate passages for data
collection are provided in the funding applications and the claim contracts. In addition, it must
be determined in what form the funding recipients must participate in evaluations and what
information they must disclose as part of evaluations that is necessary to assess whether the
specified indicators have been achieved. This information can also be queried in defined AWS
reports.

2 Legal basis

2.1 National legal bases


• Federal Law for the Promotion of Research and Technology Development (Research and
Technology Promotion Act - FTFG), Federal Law Gazette No. 434/1982, as amended
version;

• AWS T&I guidelines as amended on January 1, 2022, which are to be applied on a subsidiary basis.

A subjective legal claim to the granting of funding or a compulsion to contract based on the
reason or amount is not established.

2.2 European legal bases


The following regulations apply:

• COMMISSION Regulation (EU) No. 1407/2013 of December 18, 2013 (extended by


Regulation (EU) 2020/972 of July 2, 2020) on the application of Articles 107 and 108 of the
Treaty on the Functioning of the European Union on de minimis aid (De mi nimis
Regulation);

• COMMISSION Regulation (EU) No. 651/2014 of June 17, 2014 (extended by Regulation (EU)
2020/972 of July 2, 2020 in the currently valid version) determining the compatibility of
certain groups of aid with the Internal market in application of the

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Articles 107 and 108 of the Treaty on the Functioning of the European Union
(General Block Exemption Regulation)3 , in particular Articles 22 and 28;
• Definition of small and medium-sized enterprises Commission Recommendation
2003/361/EC of May 6, 2003, OJ L 124 of May 20, 2003, pp. 36-41.

3 funding applicants, funding type, amount and


-intensity

3.1 Formal and material requirements for the funding


advertisers

3.1.1 General requirements

The following requirements must be met for both the Preseed – Innovative Solutions module
and the Seedfinancing – Innovative Solutions module:

• According to Article 1 Para. 4 lit the incompatible funding has been reversed.

• For subsidies whose legal basis for aid is the GBER, no aid may be granted to companies in
difficulty in accordance with Article 1 Para. 4 lit. 22 GBER) and regional operating aid
regulations, provided that these regulations do not favor companies in difficulty over other
companies. According to Regulation (EU) 2021/1237 of July 23, 2021, the AGVO is also
applicable to companies that were not companies in difficulty on December 31, 2019, but
became companies in difficulty in the period from January 1, 2020 to January 31, 2021. If
the European Commission extends this period beyond December 31, 2021, then this new
deadline will apply.

• Companies that are the subject of insolvency proceedings or that meet the requirements
under national law for opening insolvency proceedings at the request of their creditors are
excluded from funding.

3 OJ L 187 of June 26, 2014 as amended OBL. L 215/3 from July 7, 2020.

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• There must be no insolvency proceedings pending against the applicants for funding or against a managing
partner in the case of the companies preparing for the establishment and no application for the opening of
insolvency proceedings must have been rejected in the past two years due to a lack of assets to cover costs .
no insolvency proceedings have been canceled due to a lack of assets to cover costs.

• Civil law companies (GesbR), cooperatives and associations are not permitted.
legitimized.

• The intention is to found or develop a company in accordance with point 1.5.

• The start-up idea must be highly innovative, have positive social added value and/or outstanding added value for
a sector or subject area, and have sustainable economic growth and success prospects.

• The applicants for funding or the main operating partners of the company applying for funding have relevant
training and/or experience, are prepared to implement the project and are pursuing an above-average growth
strategy. You are open to growth financing.

3.1.2 Preseed module – Innovative Solutions

The following also applies to the Preseed – Innovative Solutions module:

• Applicants for funding can only work outside the Austrian federal administration.
be natural persons.

• As part of the Preseed – Innovative Solutions module, applicants must not have founded a company that pursues
the same or similar business activity at the time of the application for the project. Exceptions are entrepreneurial
activities which are carried out exclusively for the purpose of preparing for future business activities of the
company yet to be founded.

• A partnership or corporation can only be founded after the application for the Preseed – Innovative Solutions
funding has been submitted and the AWS has approved it. The planned company formation must take place
in Austria.

• The company to be founded must be an independent company in accordance with Recommendation 2003/361/
EC of the European Commission at least until the final settlement of the funding. The company continues to
be considered independent within the meaning of this program document if the funding recipients use an
intermediary company (holding company) to hold their shareholding in the established company, in whose
shares they hold 100% and which has no other investments and who joins the funding agreement.

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3.1.3 Seed financing module – Innovative Solutions

The following also applies to the Seedfinancing – Innovative Solutions module:

• Applicants for funding can only work outside the Austrian federal administration.
existing partnerships or corporations.

• As part of the Seedfinancing - Innovative Solutions module, independent small, innovative companies can be
supported whose entry in the commercial register was less than five years ago at the time the funding was
granted, which have not yet distributed any profits and which are not due to a merger of older companies -
companies were founded and did not take over the activities of an older company. Companies founded through
a merger are also considered eligible companies until five years after the date of registration of the oldest
company involved in the merger. For companies that are not obliged to register in the commercial register, the
time at which the company begins its economic activity or becomes liable to tax for its activities is decisive
instead of the commercial register entry.

• The funded company may only receive the maximum funding amount according to point 3.2 once during the period
in which it is considered a young, innovative company.

• Previous funding from the Preseed – Innovative Solutions module must be properly implemented and the final proof
of use must be submitted by AWS before funding from the Seedfinancing – Innovative Solutions module is
granted.
have been recognized.

• A balance sheet must be prepared in accordance with the provisions of the UGB or International Accounting
Standards (IAS, IFRS) for the financial year in which the funding is awarded at the latest.

• The company is a small company according to the SME definition.


tion of the EU.

• Taking into account Article 1 paragraph 5 lit a GBER, the granting of aid must be made dependent on the recipients
having a permanent establishment or branch in Austria at the time the aid is paid out and generating the
majority of their added value in Austria. The project location must be in Austria.

• For sponsoring and third-party companies that are connected via natural persons or a group of natural persons
who individually or jointly hold 25% or more of the shares in the sponsoring and third-party companies, the
following applies: Seed financing received earlier - Innovative Solutions - Funding from the third company must
have been properly recognized by means of final proof of use.

• This does not apply to investors according to Art. 3 (2) lit. a to d of the SME
Definition.

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• Companies or majority owners of companies


take,

o whose entry in the commercial register dates back more than five years or o which is not
classified as a small or micro-enterprise within the meaning of the EU definition of SMEs

apply,

may only hold a stake of less than 25% in the company of the applicant for funding. Investors in accordance
with Article 3 Paragraph 2 Letters a to d of the SME
According to the EU definition, you are only allowed to hold less than 50% of the shares in the company.

3.2 Type and amount of funding, funding intensity

The amount of funding depends on the funding eligibility and the funding needs of the project as proven by a budget.

3.2.1 Preseed module – Innovative Solutions

The funding takes place in the form:

1. the granting of a grant in accordance with point 4.2 of the AWS T&I guidelines up to a maximum amount of EUR
80,000 as de minimis funding.

If the founding team includes at least one woman with (in the future) at least 25% of the company shares and
who has qualifications relevant to the project, the possible funding amount increases by EUR 20,000. The
cooperation of the companies
Proof of ownership in a managerial position during the term of the project must be provided.

as well as

2. of innovation consulting services in accordance with point 4.2 of the AWS T&I Guideline. These represent non-
monetary funding. There are no costs to those applying for funding from this title.

The maximum number of hours for consultations on innovation protection is 12 hours.

Further specialized advice on founding and professionalization measures can also be provided by service
providers commissioned by AWS. The maximum amount for this is EUR 5,000 per project.

The funding intensity can be up to 90% of the eligible project costs; The personal contribution of at least 10% must
be made through one or more payments into the bank account relevant to the project.

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3.2.2 Seed financing module – Innovative Solutions

The funding takes place in the form:

1. the granting of a subsidy in accordance with point 4.2 of the AWS T&I up to a maximum
Amount of EUR 350,000.

If the founding team includes at least one woman with at least 25% of the business shares and who has
qualifications relevant to the project, the possible funding amount increases by EUR 50,000. The partner's
collaboration in leading
the function during the term of the project must be proven.

2. of innovation consulting services in accordance with point 4.2 of the AWS T&I Guideline. These represent non-
monetary funding. There are no costs to those applying for funding from this title.

The maximum number of hours for consultations on innovation protection is 24


Hours.

Further specialized advice on founding and professionalization measures can also be provided by service
providers commissioned by AWS. The maximum amount for this is EUR 5,000 per project.

The funding intensity can be up to 90% of the eligible project costs; The own share of at least 10% is made up of
one or more payments into the project.
relevant bank account.

4 costs
4.1 Eligible costs

Eligible costs in the pre-foundation and founding phase of a company are recognized in accordance with the
provisions of point 5.1 of the AWS T&I Guideline, but in particular:

• Personnel costs

Personnel costs for founders and employees, insofar as they are used for the respective project. For personnel
costs, which are primarily supported by federal funds, costs can only be recognized up to the amount that
either corresponds to the federal salary scale or is based on relevant statutory provisions, collective agreements
or industry-standard company agreements based on them. If these do not exist, standard industry service
contracts can also be accepted. To simplify billing, hourly rate calculations can be specified in the cost plan and
billing forms. An hourly rate of EUR 40 can be assumed, which can be adjusted annually by AWS and on the
website

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will be published. The actual wage and salary costs incurred according to the company's internal payroll
accounting or flat rates based on statistical surveys are to be used as personnel costs, provided this is in
accordance with the state aid regulations. The specified hourly division and the regulations regarding the
recognition of these personnel costs without proof of salary are also announced by AWS on the AWS website.

• Cost of instruments and equipment


Costs for instruments and equipment, if and as long as they are used for the project. If the amortization
period of an item purchased to perform the service exceeds the period of the service, the maximum share of
costs that can be funded is that which corresponds to the depreciation according to the EStG 1988 for the
service period. For larger, connected units, an average hourly rate can be applied that takes into account
depreciation as well as the required supplies and operating materials, maintenance and other ongoing
operating costs.

• Traveling expenses

Travel costs are eligible for funding if and up to the amount that they can be claimed as business expenses in
accordance with the provisions of the EStG 1988.

• Costs for contract research, studies, knowledge and patents


Costs for contract research, studies, knowledge and acquired directly or under license from third parties
advertised patents4 , provided the transaction was carried out under normal commercial conditions and
there are no agreements, as well as costs for equivalent services that are used exclusively for the project.

• Costs for renting, setting up and operating a stand


Costs for renting, setting up and operating a stand when a company participates in a specific trade fair or
exhibition.

• Costs for consulting services


Costs for consulting services5 from external consultants.

• Other operating costs


Other operating costs including project-related costs for materials, supplies and the like, unless these are
included in another type of cost.

• Costs associated with setting up, founding and growing a company


mens

4 According to the “arm's length principle”: According to this principle, the conditions of the legal transaction between the contracting parties must not differ from
those that would be established in a legal transaction between independent companies, and there must be no anti-competitive agreements. If a legal transaction
is concluded on the basis of an open, transparent and non-discriminatory procedure, it is assumed that it complies with the arm's length principle.

5 The services in question must not be services that are used on an ongoing or regular basis or that are part of the company's normal operating costs, such as
ongoing tax advice, regular legal advice or advertising.

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When applying Art. 22 GBER or De Minimis Regulation, in addition to the cost types
according to the AWS T&I Guideline, Chapter 5.1.1. Until January 5, 2011, all costs that
arise in the context of setting up, founding and growing a company are also eligible for
funding. These can include, for example, conception, pilot and prototype costs, costs for
industrial design, training costs, intellectual property rights management, market
development costs or costs for obtaining growth financing.

4.2 Ineligible costs

In particular, the following are not eligible for funding:

• Purchase of real estate or vehicles; construction of buildings;

• Costs for routine changes or further developments to existing products,


manufacturing processes or services; non-specific building equipment;

• Costs that occur before the application date or the contractually agreed project -
were created at the beginning;

• Costs that did not actually arise directly for the duration of the funded project
are;

• Costs that are not eligible costs due to EU competition law regulations.
tens apply;

• Costs that are covered by other funding;

• Costs that are not an indispensable prerequisite for the successful completion of the project
and the achievement of objectives;

• Expenses for private pension provision;

• Voluntary social benefits and other voluntary benefits, with the exception of a child allowance
of EUR 150 per month per child for whom family allowance can be verified;

• Costs for products, services, processes or their further developments that correspond to the
state of the art or only aim at gradual further development (incremental innovations);

• Creation of reserves, reserves, etc.;

• Costs incurred for serial production;

• Especially for the Preseed – Innovative Solutions module: marketing and distribution costs;

• The sales tax on the costs of the eligible service is not eligible for funding.
However, if it can be proven that this sales tax is actually and finally borne by the recipient
of the funding, meaning that there is no right to deduct input tax, it will be taken into
account as a cost component that can be funded. The sales tax that can be reclaimed –
in whatever way – is not eligible for funding even if the recipients of the funding do not
actually receive it back. Should funding from the tax office be granted because of the

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Existence of a taxable and taxable service by the recipient of the funding to the person
responsible for the policy in accordance with the Sales Tax Act 1994, Federal Law Gazette No. 663
Federal Minister or the Federal Minister responsible for the directive is not considered a sponsor

ment, but rather as an order fee and the recipients of the funding have to pay sales tax to
the tax office, it must be provided that this order fee is to be viewed as a gross fee. An
additional, separate compensation for sales tax - for whatever legal reason - is therefore
excluded.

Details about the eligible and non-fundable costs as well as billing are regulated by the AWS and
published on the AWS website.

5 Process of granting funding


5.1 Submission of the funding application

The funding application must be submitted within the deadline specified in the call for funding
applications via an electronic AWS application. Every funding application submitted must contain
a declaration from the funding applicant that the information provided is correct and complete.

The funding application must contain at least:

• Name of the applicant for funding and the person applying on behalf of the applicant for
funding, including contact details, • In
the case of companies applying for funding, the company register number and information on
the size of the company and, if necessary, all the documents required to determine the SME
status6 , • Description of the
project Statement of the start and completion, • Location of the project, • A
performance, cost, time and
financing plan that corresponds to the nature of the service and all other documents relating to
the funded service, • Addition of other funding relevant to the project in accordance with
point 7.1.1 of AWS
T&I policy,
• Amount of funding required for the project.

Furthermore, the funding application must contain a declaration that:

• proper management can be assumed,

6 SME definition according to Annex I of the GBER: An enterprise is any entity, regardless of its legal form, that
carries out an economic activity. This includes, in particular, those units that carry out craft activities or activities
other than single-person or family businesses, as well as partnerships or associations that regularly carry out
economic activities.

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• proper implementation of the funded project can be expected, especially due to the existing
technical, economic and organizational requirements, • there is no legal reason for exclusion
and • there are no
other reasons for exclusion.

A detailed project concept must be added to this application, which includes essential aspects
such as the description of the product or process, in particular the unique selling points, the
business model, the description of the impact, the markets addressed, the competition
assessment, the skills of the team and meaningful financial planning contains.

Plans and assumptions for the future must be marked as such and prepared to the best of our
knowledge.

The AWS will query the additional project-relevant funding through the self-declaration of the
funding applicants when submitting the application and submitting the final proof of use.

5.2 Evaluation and decision criteria


5.2.1 General
The funding applications within the two modules will be assessed according to the evaluation
criteria in point 5.2.2. The weighting of these criteria can be adapted to the respective company
phase for each module.

The company's individual constellation and segment-specific market environment should be


taken into account. Because the company's success is usually highly dependent on the
underlying development project, the (future) company must be assessed from a holistic
perspective based on both project-specific and entrepreneurial criteria.

5.2.2 Evaluation criteria


The following evaluation criteria with associated exemplary detailed criteria are used to evaluate
the projects and determine the amount of funding. The criteria catalog is displayed in an
electronic application from AWS. These criteria and their weighting are published on the AWS
website.

a) Innovation potential
• New or significantly improved solution to an existing problem

• Applying existing techniques/materials/processes in a new area or


for solving a new problem

• Process innovations: Modernization of processes including introduction of innovative devices


business models or sales structures

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• Property rights strategy for sustainable growth strategy

• Knowledge transfer through cooperation or acquisition

b) Growth/Employment:
• Increasing qualifications through the project

• Employment effect from the project

• Willingness to finance growth

• Taking on a (first-time) entrepreneurial venture or risk

c) Environmental relevance

• The project leads to environmentally friendly products or processes such as energy


generation from renewable resources, sustainable mobility, efficient use of resources,
circular economy or similar.

d) Social and societal impacts (diversity)

• Direct or indirect positive socially and socially relevant effects on


society, markets and/or disadvantaged groups

• Measures to support gender equality

Special module-specific criteria can be determined using separate questions and used for
assessment.

5.3 Selection process, evaluation committee and decision

5.3.1 Selection process

The principles set out in point 6.3 of the AWS T&I guidelines apply to the assessment and selection
procedures as well as the examination and evaluation steps.

AWS first checks the formal and material accuracy and completeness of the application
documents. If formal requirements are not met, the application will be excluded from further
processing and those applying for funding will receive written notification.

If the formal criteria of the funding application are met, an examination of the content of the
application, tailored to the respective module, begins with regard to the fundamental suitability
of the project. For this purpose, the contents of the application are checked in accordance with
the AWS T&I guidelines and program documents with an intensity appropriate to the project
and module. This process step can also be done interactively, so that those applying for
funding can comment on any questions or ambiguities that arise within a reasonable deadline
and, if necessary, submit further documents.

If the content of the project is presented sufficiently clearly, the criteria are applied in accordance
with the program-specific criteria catalog.

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If the AWS evaluates the project positively according to the catalog of criteria, it must be submitted to the relevant
evaluation committee for review.

If the assessment is positive, the evaluation committee makes a recommendation for funding; if the assessment is
negative, the evaluation committee provides a written justification.

5.3.2 Funding decision

The results of the selection process are funding recommendations to the AWS, which on this basis makes the
funding decision in the name and on behalf of the federal government
Point 6.5 of the AWS T&I policy falls. Deviations from the results of the selection process must be justified. Decisions
regarding funding applications are communicated by the AWS to the funding applicants and reasons are given for
rejections.

The Federal Minister responsible for the directive or the Federal Minister responsible for the directive

The minister must be informed about the results of the selection process and has the right to information and the
right to inspect the application and examination documents.

5.3.3 Evaluation committees

The principles set out in point 6.3 of the AWS T&I guidelines apply to the appointment and composition of the
evaluation committees.

The AWS appoints an evaluation pool of national and international experts from which the members of the evaluation
committees are recruited. From this, module-specific evaluation committees can be set up by AWS.

The following are decisive for the appointment of a member:

• Technical expertise

• Target group knowledge

• Market knowledge

• Cross-sectional aspects (such as environment / gender)

The Federal Minister responsible for the directive or the Federal Minister responsible for the directive

The minister must be informed about the composition of the evaluation committees and has the right to participate
in the evaluation committees without the right to vote. If necessary, other people may take part in meetings of the
evaluation committees as observers.

The meetings of the evaluation committees take place at regular intervals.

5.3.4 Rules of Procedure

AWS creates module-specific rules of procedure in accordance with point 6.3 of the AWS T&I guidelines, which
regulate the following points:

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• Tasks

• Eligibility to vote

• Rules for absence if you are unable to attend

• Decision making

• Commitment to confidentiality or reporting/documentation of bias

• Quorum

• Independence

• Liability

• Compensation for the evaluation


• Data protection

The rules of procedure to be issued by the AWS as well as significant changes are to be
submitted to the Federal Minister responsible for the guidelines.
to be brought to the attention of the minister immediately.

5.4 Processing the funding

5.4.1 Funding agreement

If funding is granted, AWS must send the funding applicants a time-limited funding offer. If the
applicants accept the funding offer, including any requirements and conditions, within the
specified period, the funding contract is concluded.

The funding contract includes all requirements and conditions associated with the funding
contain.

5.4.2 Minimum provisions for the design of the funding contract

1. Name of the legal basis,

2. Name of the funding recipients, including data to ensure the


Identification (e.g. date of birth, company register number, etc.),

3. Start and duration of the funding,

4. Type and amount of funding,

5. precise description of the funded project (subject of funding),

6. eligible and ineligible costs,

7. reporting obligations,

8. Payout conditions,

9. Control and participation in the evaluation,

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10. Provisions regarding the discontinuation and repayment of funding (see point 6.3),

11. special funding conditions that correspond to the nature of the project to be funded and also ensure that
federal funds are only used to the extent absolutely necessary to achieve the desired success,

12. Disclaimer of liability according to point 7,

13. other contractual provisions to be agreed.

5.4.3 Further provisions of the funding agreement

The funding agreement must also contain provisions according to which the funding value
bends in particular

1. begin carrying out the service according to the agreed schedule, otherwise immediately after the funding has
been granted, carry out the service quickly and complete it within the agreed period, otherwise within a
reasonable period of time;

2. AWS all events that delay the implementation of the funded service or
which would make it impossible or require a change to the funding application or agreed requirements and
conditions, immediately and on our own initiative
Report the initiative and comply with your notification obligations immediately;

3. allow bodies or representatives of the federal government and the European Union to inspect their books and
receipts as well as other documents used to check the implementation of the service on their own or third
parties' premises and to inspect them on site or present them at their request, give them the necessary
information or have it given to them and provide a suitable person to provide information for this purpose,
whereby the checking body decides on the respective connection between these documents and the service;

4. keep all books and receipts as well as other documents mentioned in point 3 safe and orderly for ten years from
the end of the year in which the entire funding is paid out, but at least from the time the service is carried out;
If additional deadlines apply under EU state aid law, these will apply;

5. You can generally use suitable image and data storage media for storage.
nen if the complete, orderly, identical content, true to the original and verifiable
Reproduction is guaranteed at any time until the retention period expires; in this
In this case, the applicants for funding must be obliged to provide, at their own expense, all the aids necessary
to make the books, receipts and other documents readable and, if necessary, to provide readable, permanent
reproductions without aids, as well as during creation to make permanent reproductions available on data
carriers;

6. when awarding contracts for deliveries and services, without prejudice to the provisions of the Federal
Procurement Act 2018 (BVergG 2018), Federal Law Gazette I No. 65 in the respective

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current version, for comparison purposes, demonstrably obtain several offers, insofar as this
is appropriate in view of the amount of the estimated order value; Any further provisions will
be anchored in the funding agreement;

7. Use federal funding in compliance with the principles of thrift, cost-effectiveness and expediency
and, in particular, follow these principles in all aspects of overall funding;

8. Do not use federal funding to create reserves or provisions in accordance with the Income Tax
Act 1988, (EStG 1988), Federal Law Gazette No. 400, or the Business Code, dRGBl S
219/1897;

9. about the implementation of the service by submitting proof of use in accordance with
Report point 6.2 within agreed deadlines;

10. about the claim from a grant granted neither by assignment or instruction
or pledging in another way;

11. accept the repayment obligation in accordance with point 6.3;

12. adequate security for any repayments in relation to the funding purpose
provide payment and compensation obligations;

13. observe the Equal Treatment Act, BGBl The Disabled Persons Employment Act (BEinstG),
Federal Law Gazette No. 22/1970, should be taken into account.

14. for the purpose of evaluation, information about the results achieved with the funding and
their utilization must be made available to AWS; This obligation can extend for up to 3 years
after the end of the actual term of the funding agreement.

5.5 Determination of the project duration

Projects must begin, be carried out and completed quickly in accordance with the agreed
schedule, otherwise immediately after the funding has been granted. Exceeding the project
duration is only possible if an application for an extension has been submitted to AWS and AWS
determines that the approved funding purpose will be maintained. This makes it possible to
extend the project duration cost-neutrally.
Other extensions require a separate funding application.

5.5.1 Preseed module – Innovative Solutions

• The term is a maximum of 12 months.

• Exceeding the project duration by up to a maximum of 6 months is permitted provided that


compliance with the specifications is possible.

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5.5.2 Seed financing module – Innovative Solutions

• The term is a maximum of 24 months.

• The project duration may be exceeded by a maximum of 12 months


the specifications possible.

5.6 Contract changes during the project period

AWS is entitled to demand new or additional conditions and requirements to achieve the
funding purpose if special circumstances subsequently require a change to the agreed
contractual provisions (in particular conditions and requirements).
A corresponding additional agreement will be made with the funding recipients. If such an
additional agreement cannot be made, there is a reason for discontinuation and reclaim,
applying point 6.3 accordingly.

Following a justified, written application from the funding recipient, the AWS can adjust the
conditions of the funding contracts, provided that the essential content of the project and the
approved funding purpose are maintained and the objectives of the program continue to be
met.

In the event of deviations from milestones set in terms of time and content, payouts can only
be made after a change to said milestones must be requested and approved in writing by AWS.

6 Control and payout


6.1 Accumulation and multiple funding

Before granting funding, AWS must collect:

• What funding from public funds, including EU funds, has been given to the applicant in the
last three years before submitting the funding application for the same
Benefit (for the project), even if with different purposes, was granted
the and

• which types of funding they have applied for from another federal budgetary agency or another
legal entity, including other local authorities and the European Union, but a decision has
not yet been made regarding whether they will be granted or they still want to apply for.

The survey must be carried out in particular by providing appropriate information from those
applying for funding. The AWS must determine in advance appropriate and effective methods
for checking the information provided by those applying for funding (e.g. regular coordination
with relevant funding institutions or, in cases of suspicion, involving employees.

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employees of other funding institutions, etc.) who are suitable for avoiding unwanted multiple
funding. An automated query from the transparency portal must also be carried out.

If Union funds that are centrally managed by the institutions, bodies, joint undertakings or other
bodies of the European Union and are not directly or indirectly under the control of the Member
States are combined with State aid, the determination of whether the notification thresholds and
maximum aid intensities are met or aid maximum amounts are complied with, only state aid is
taken into account, provided that the total amount of public resources granted for the same
eligible costs does not exceed the most favorable financing rate set out in the relevant provisions
of Union law.

Aid based on the AWS T&I guidelines, for which the eligible costs can be determined, can be
cumulated with

• other state aid, provided that these measures have different determinable characteristics
relate to eligible costs;

• other state aid for the same, partially or completely overlapping eligible costs; However, only if
this cumulation does not exceed the highest aid intensity applicable to this aid under the
GBER Regulation or the highest aid amount applicable to this aid under the GBER

becomes.

Aid based on this program document may not be cumulated with de minimis aid for the same
eligible costs if this cumulation exceeds the maximum aid intensities set out in point 5.2 of the
AWS T&I Guideline.

Aid for start-ups according to Art. 22 GBER, for which the eligible costs cannot be determined,
can be cumulated with other state aid for which the eligible costs can be determined. Aid for
which the eligible costs cannot be determined may be cumulated with other state aid for which
the eligible costs cannot be determined, up to the upper limit for total financing relevant to the
respective case, which is set out in on a case-by-case basis in this or another block exemption
regulation or in a decision of the European Commission.

In particular, Union funds that are managed centrally by the European Commission and are not
subject to the direct or indirect control of the Member State do not constitute state aid and should
therefore not be taken into account when checking compliance with the registration thresholds
and funding caps in accordance with the GBER -stipulates that the most favorable financing rate
in accordance with relevant EU law (usually the upper limits specified in Horizon Europe) is not
exceeded by the total amount.

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Therefore, before granting funding, AWS must inform other eligible funding institutions if there
is suspicion of unauthorized multiple funding. Due to an effective risk-based control process
for identifying suspected cases, the AWS will use the existing database systems in coordination
with other funding institutions. If there is unauthorized multiple funding, no funding is to be
granted.

However, funding can be granted if in particular:

• the funding application is changed in such a way or such requirements and conditions are
provided for in the funding contract that the existence of unauthorized multiple funding can
be ruled out,

• from proper implementation and billing of the funded project


can be assumed and

• the other funding requirements are met.

Until the funding project is completed, those receiving funding from AWS are obliged to report
all funding applied for during the project period that is directly related to the funded project.

6.2 Control of the intended use of the funding


medium

The funding recipients must provide proof of the intended use of the funding through proof of
use in the form of factual reports and numerical evidence. In this regard, the funding recipients
must submit proof of interim use (milestone reports) and final proof of use at the times specified
in the funding contracts. Templates for this are available on the AWS website and must be
used. In accordance with point 7.2 of the AWS T&I guidelines, AWS reserves the right to only
pay out at least 10% of the funding amount upon acceptance of the final proof of use.

The factual report must in particular show the use of the funding granted from federal, state
and EU funds, the verifiable report on the implementation of the funded service and the results
achieved through it.

The numerical evidence must include a breakdown of all income and expenses related to the
funded project that can be verified by supporting documents. AWS reserves the right to either
present the receipts electronically or to inspect them at the funding recipient's location. When
checking the numerical evidence, AWS can use trustworthy third parties, such as accounting
or tax consulting firms, as well as automated methods.

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AWS must continuously monitor the dates for the submission of proof of use and check the
proof of use in a timely manner.

The AWS must establish appropriate and effective risk-based control procedures in advance
(e.g. coordination with funding institutions, sampling procedures, etc.) that can ensure that
funding abuse and unwanted multiple funding are avoided.

AWS carries out controls that include, at least on a random basis, checking the funded projects
and supporting documents as well as compliance with legal and contractual regulations. As part
of the final proof of use, AWS will require a legally binding declaration that the services invoiced
have not been funded in an inadmissible manner by any other funding institution. Those
receiving funding must note that the misuse of funding can result in criminal penalties.

6.3 Discontinuation of funding and repayment obligations

The funding recipients are obliged - subject to the assertion of further legal claims, in particular
a repayment obligation in accordance with Section 30b AuslBG - to immediately refund the
funding based on a justified decision and request from the budgetary authority, the AWS or the
European Union. whereby the claim to guaranteed and not yet paid out funding expires if, in
particular

1. Organs or representatives of the federal government or the European Union have been
incorrectly or incompletely informed about essential circumstances by the funding recipients;

2. Reports intended by the funding recipients have not been submitted or have not been
submitted on time, evidence has not been provided or the necessary information has not
been provided or has not been provided on time, provided that in these cases a written,
appropriately time-limited warning containing express reference to the legal consequences
of non-compliance. communication has been unsuccessful and other notifications provided
for in this program document have been omitted;

3. the funding recipients do not, on their own initiative, immediately - at least before an inspection
or its announcement - report events that would delay or make impossible the implementation
of the funded project or require their modification;

4. the funding recipients sell the business for consideration before the funded project is properly
completed or within a period of one year after its completion or do not comply with another
operating obligation;

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5. the control measures intended for the funding recipients hinder or prevent or the entitlement
to claim the funding can no longer be verified within the period provided for the storage of
the documents;

6. the funding recipients dedicate the funding in whole or in part


rig have been used;

7. the service was not carried out by the funding recipients or not carried out in a timely manner
can be or has been carried out;

8. the grantee's right to assign, instruct, pledge and otherwise


the current ban on disposal pursuant to point 5.4.3 item 10 was not complied with;

9. the provisions of the Equal Treatment Act do not apply to those receiving funding
were observed;

10. the Federal Equal Opportunities Act for Disabled Persons or the prohibition of discrimination in accordance with §
7b BEinstG is not taken into account;

11. Publicity measures incumbent on the funding recipients in accordance with Section 31 ARR 2014
cannot be carried out (only with EU funding);

12. requests suspension and/or recovery from European Union institutions


will or

13. other funding requirements, conditions or requirements, in particular those that are intended
to ensure the achievement of the funding purpose, were not adhered to by the funding
recipients.

Instead of the aforementioned complete repayment, a merely partial discontinuation or


repayment of the funding can be provided for in individual circumstances if

1. the obligations assumed by the funding recipients are divisible and the
the partial service carried out is worthy of funding on its own,

2. there is no fault on the part of the funding recipient for the reason for the reclaim and

3. for which AWS it is still reasonable to maintain the funding agreement.

Interest must be agreed on the repayment amount from the day the funding is paid out at 4%
per year using the interest method. If this interest rate is lower than the interest rate set by the
European Union for recoveries, the interest rate set by the European Union shall be used.

In the event of a delay in repaying the funding, interest on arrears must be agreed. If companies
are in default, these must be set at 9.2 percentage points above the applicable base interest
rate per year from the onset of the default, otherwise at 4 percentage points above the
applicable base interest rate, but at least 4%. The base interest rate, which applies on the first
calendar day of a half-year, is decisive for the respective half-year.

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6.3.1 Additional reasons for discontinuation and reclaiming the Preseed module –
Innovative solutions

For the Preseed – Innovative Solutions module, the following reasons for discontinuation and
reclaim must also be agreed upon:

a) Loss of independence within the meaning of point 3.1.2 before acceptance of the final proof
of use of the funding;

b) complete or majority sale of the company (exit) before the final proof of use of the funding
has been accepted and up to 12 months afterwards;

c) Relocation of the funded business activities abroad before the final settlement of the funding
and up to 12 months afterwards.

6.3.2 Additional reasons for discontinuation and reclaiming module seed


Innovative financing solutions

For the Seedfinancing – Innovative Solutions module, the following additional settings and settings are required
Reasons for reclaim to be agreed:

a) complete or majority sale of the company (exit) before acceptance of the final proof of use
of the funding and up to 12 months afterwards;

b) Relocation of the funded business activities abroad before the final settlement of the funding
and up to 12 months afterwards.

6.4 Payout

The funding may only be paid out to the extent and not earlier than it is needed to make
payments due by the funding recipients for the funded project in accordance with the funding
purpose, and may only be made to the funding recipients.

The funding is paid out in milestone-dependent partial amounts and with the proviso that a
further partial amount will only be paid out once proof of interim use (milestone report) has
been provided for the partial amount already paid out, with the payment of at least 10% of the
amount The total guaranteed funding amount is generally only reserved after the final proof of
use has been accepted. Likewise, reports agreed in the funding contract that had to be
provided by the time of the respective payment must also be submitted.

If funding recipients lose the status as a small or micro-enterprise relevant to the funding
commitment due to a change in ownership or control, the legal right to payment of the funding
or any outstanding partial amounts of the funding expires.

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When determining the payment dates, the availability of the required ones is also taken into account
Federal funding should be considered.

If compatible with the nature of the funding, it must also be stipulated that the payment of the
funding can be postponed if and as long as circumstances exist that make it appear that the proper
implementation of the service cannot be guaranteed.

After the funded project has been properly implemented and billed, any unused funding must be
reclaimed immediately, with interest charged at a rate of 2 percentage points above the applicable
base interest rate per year from the day the funding is paid out.

6.5 Data Protection

6.5.1 General data protection regulations

The applicants for funding acknowledge that the Federal Minister responsible for the guidelines
and the AWS, as joint controllers, are entitled to process the personal data arising in connection
with the initiation and execution of the contract if this is necessary for the conclusion and the
Processing of the funding contract is necessary for control purposes and the performance of legally
assigned tasks.

The applicants for funding also note that the federal minister responsible for the guidelines and the
AWS, as joint controllers, are entitled to receive the personal data required by them to assess
whether the funding requirements are met and to check the proof of use In addition to the
information you have provided yourself, you can also collect and transmit it to the other federal
bodies in question or to another legal entity that awards or processes relevant funding, or to other
third parties, which in turn are entitled to do so to process the personal data required for the request
and to provide information. Furthermore, transparency portal queries are possible in accordance
with Section 32 Paragraph 5 TDBG 2012.

Those applying for funding are obliged to ensure that the disclosure of data of natural persons to
the federal minister responsible for the guidelines and/or the AWS takes place in accordance with
the provisions of the GDPR.

Furthermore, those applying for funding are informed that personal data will be passed on in particular to bodies
and representatives of the Court of Auditors (in particular in accordance with Section 3 Paragraph 2, Section 4
Paragraph 1 and Section 13 Paragraph 3 of the Court of Audit Act 1948, Federal Law Gazette No. 144 as
amended). , the Federal Ministry of Finance (in particular in accordance with Sections 57 to 61 and 47 of the
Federal Act on the Management of the Federal Budget 2013, Federal Law Gazette I No. 139/2009 as amended, as well as Section 14

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2014) and must be transmitted or disclosed to the European Union in accordance with EU law.

For any processing of personal data that goes beyond these provisions, a declaration of
consent from the data subjects must be obtained from AWS.

Please note that the employees of AWS, the members of its bodies and advisory boards as
well as the experts regarding facts that come to their knowledge in the course of their work for
AWS and that their confidentiality is in the legitimate interest of AWS or the Those applying
for funding are obliged to maintain confidentiality. Data may only be transmitted to third parties
if federal regulations stipulate this or if the person concerned has consented to the transmission.

The applicants for funding must expressly disclose trade secrets within the meaning of
Sections 26a ff of the Federal Act against Unfair Competition 1984 (UWG), Federal Law
Gazette No. 448/1984 as amended, which are transmitted to AWS.

6.5.2 Publication and presentation of the results of the project

AWS is entitled to publish information and data of public interest such as information in
accordance with Annex III of the GBER or project summaries.

7 Liability
AWS assumes no liability of any kind for the occurrence of a specific success in connection
with the funded project or for personal injury or property damage that occurs in the course of
implementing the project. Liability claims against AWS or the federal government cannot be
derived from the funding agreement or from the advice and support.

8 Duration of validity and transitional provisions


The program document is valid from January 1st, 2022 to December 31st, 2023.

The provisions of this program document apply until the last project funded on the basis of this
program document has been properly completed.

Applications within the framework of this program document can be submitted on an ongoing
basis, but no later than September 30, 2023. Decisions on granting funding must be made by
December 31, 2023.

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