Terms of Service

§ 1 Scope

These General Terms of Service (ToS) govern the use of the cloud-based software platform yourapps.studio, operated by PvFritz UG (haftungsbeschränkt), Jahnstr. 3, 76461 Muggensturm, Germany (hereinafter "Provider"). By registering for or using the platform, the customer agrees to these ToS.

These ToS apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Contracts with consumers are excluded.

Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if the Provider does not separately object to their inclusion.

§ 2 Conclusion of Contract

The contract is concluded by the customer registering on the yourapps.studio platform and selecting a subscription plan. The registration constitutes a binding offer by the customer, which the Provider accepts by activating the account or by providing access to the booked services.

The customer is obliged to provide truthful and complete information upon registration. The customer is obliged to keep their account data up to date. Each customer is entitled to maintain only one customer account.

The Provider reserves the right to reject registration requests without stating reasons, in particular if there is suspicion of misuse or if statutory requirements are not met.

§ 3 Description of Services

The Provider grants the customer access to the cloud platform yourapps.studio over the internet as Software-as-a-Service (SaaS). The current feature scope is set out in the respective service description on the website. The Provider is entitled to further develop and improve the platform and to update, add to or restrict its functions.

The Provider endeavors to ensure platform availability of 99.5 % on an annual average. Excluded from this are necessary maintenance windows, which the Provider will announce in advance where possible, and outages due to force majeure or third-party failures (e.g. internet providers, data centers) outside the Provider's responsibility.

The Provider is entitled to carry out planned maintenance, in particular during low-traffic periods (e.g. nights and weekends). The Provider will inform the customer about planned maintenance with reasonable advance notice by email or via in-platform notification.

§ 4 Prices and Payment Terms

Prices for the respective subscription plans are listed on the Provider's website. All prices are gross prices including the applicable statutory VAT. The Provider reserves the right to adjust prices; in case of price increases, the customer will be informed at least 30 days in advance and may terminate the contract within this period.

Payment is made in advance for the respective billing period (monthly or annually) by credit card or SEPA direct debit. In the event of default in payment, the Provider is entitled to suspend access to the platform until full payment has been received.

Invoices are issued in digital form and sent to the email address stored in the customer account. The customer is responsible for ensuring that the email address is valid and reachable.

§ 5 Term and Termination

The subscription term is either one month or one year depending on the selected plan. Monthly subscriptions may be terminated with 14 days' notice to the end of the current billing period. Annual subscriptions may be terminated with 14 days' notice to the end of the annual term. Unless terminated, subscriptions automatically renew for the same period.

Termination must be in text form (email to [email protected] or via the account settings in the platform). The relevant date for the termination is the receipt by the Provider.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular if the customer seriously breaches these ToS, fails to pay despite a reminder, or misuses the platform.

§ 6 Usage Rights and Obligations

The Provider grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the platform for the duration of the contractual relationship and within the scope of the booked subscription plan. The right of use is limited to the customer's own internal business purposes.

The customer is obliged to keep access credentials (username and password) confidential and to protect them against access by third parties. The Provider must be notified immediately of any suspicion of unauthorized account use.

The customer is prohibited from (a) passing access credentials to unauthorized third parties, (b) reverse-engineering, decompiling or modifying the platform, (c) using the platform for illegal purposes or in a manner that infringes third-party rights, or (d) circumventing technical protection measures.

§ 7 Data Availability and Backup

The Provider creates regular backup copies of the customer data stored on the platform. In the event of data loss, the Provider will endeavor to restore the most recent backup. However, no guarantee is given for the completeness or timeliness of the backups.

The customer is responsible for independently backing up data of particular importance. The Provider assumes no liability for data losses caused by the customer failing to create their own backups.

After termination of the contractual relationship, the customer has 30 days to export their data from the platform. The Provider provides suitable export functions for this purpose. After this period expires, the customer's data will be deleted in accordance with applicable data protection regulations.

§ 8 Warranty

The Provider warrants that the platform has the agreed properties at the time of provision and is suitable for the use stipulated in the contract. The customer's statutory warranty rights remain unaffected.

Claims for defects expire after 2 years from provision of the service, unless the defect was fraudulently concealed. In the event of fraudulent concealment of a defect, the statutory limitation periods apply.

The customer must report defects without delay and in a comprehensible manner. In the case of a defect, the Provider is entitled to remedy the defect at its option (rectification) or to provide a defect-free service (replacement). If the supplementary performance fails, the customer is entitled to the statutory rights.

§ 9 Liability

The Provider is liable without limitation for damage resulting from intentional or grossly negligent conduct, for injury to life, body or health, in accordance with the provisions of the German Product Liability Act, and in the event of fraudulent concealment of a defect.

In the case of slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies. In this case, liability is limited to the typical damage foreseeable at the time the contract was concluded.

Any further liability of the Provider is excluded. In particular, the Provider is not liable for data losses to the extent they are due to the customer's failure to carry out adequate data backups. The limitations of liability also apply for the benefit of the Provider's employees, representatives and vicarious agents.

§ 10 Data Protection

The Provider processes personal data of the customer and its users in accordance with applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details on the type, scope and purpose of data processing can be found in the Provider's privacy policy, available on the website.

To the extent that the customer processes personal data of third parties (e.g. their own customers or employees) via the platform, the customer is the controller within the meaning of the GDPR. The Provider acts as a processor in this respect. The parties will conclude a separate data processing agreement (DPA) pursuant to Art. 28 GDPR.

The customer warrants that they have the necessary legal basis for processing personal data via the platform and complies with all applicable data protection regulations.

§ 11 Final Provisions

These ToS are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these ToS is the registered office of the Provider (Mannheim).

The Provider reserves the right to amend these ToS with effect for the future. The customer will be informed of changes at least 30 days before they take effect by email or by notice within the platform. If the customer does not object within 30 days of receiving the notification, the changes are deemed accepted. The Provider will expressly point this out to the customer in the notification.

Should individual provisions of these ToS be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective provision that comes closest to the economic purpose of the invalid provision.

Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (PvFritz UG (haftungsbeschränkt), Jahnstr. 3, 76461 Muggensturm, Germany, email: [email protected], phone: +49 (0) 176 / 30382493) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email).

You may use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.

For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill in this form and return it.)