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Legal

Terms of Service

of PvFritz UG (haftungsbeschränkt) for the use of yourapps.studio

As of: October 2026

§ 1 Scope§ 2 Conclusion of Contract§ 3 Description of Services§ 4 Prices and Payment Terms§ 5 Term and Termination§ 6 Usage Rights and Obligations§ 7 Data Availability and Backup§ 8 Warranty§ 9 Liability§ 10 Data Protection§ 11 Final Provisions Trial and Refund

§ 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, email [email protected] (hereinafter "Provider"). yourapps.studio is the product name; the contracting party for the use of the platform is PvFritz UG (haftungsbeschränkt). 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. Online sign-up is open to companies established in Germany; the Provider contracts with customers from other countries only after an individual review and on request.

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

Registering on the yourapps.studio platform starts a free trial of 14 days. No means of payment is needed for the trial, and it ends without any further action. The paid contract is concluded only when the customer takes out a subscription in the platform (choosing seats and billing period, providing billing details, authorising payment) and the Provider confirms it.

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 cannot guarantee uninterrupted or error-free operation at all times.

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.

Extensions in the platform's catalogue (the "Store") – apps, functions, plugins, websites, data packages and modules – are software of the Provider. They are provided exclusively by the Provider, reviewed by it and licensed in its own name, including where they were developed together with partners. The platform is not a marketplace: customers and third parties cannot sell or distribute anything to other customers through it, and the Provider does not pass payments on to third parties.

The Provider does not provide payment services. Where modules concern the customer's payments (e.g. shop, bank reconciliation, payment runs), the customer uses exclusively its own accounts with banks and payment providers. Funds of the customer or of its end customers never pass through the Provider.

These ToS and the online order process cover access to the software only. Individual services (e.g. customer-specific development) are not part of the subscription; they are not sold through the online order process and require a separate written agreement with the Provider.

§ 4 Prices and Payment Terms

Prices for the respective subscription plans are listed on the Provider's website. All prices are net prices plus 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.

The contracting party and issuer of the invoice is the Provider. Payment is made in advance for the respective billing period (monthly or annually) by SEPA direct debit or credit card. Payments are processed through the payment service provider Mollie B.V., Amsterdam; when taking out the subscription the customer grants a SEPA direct debit mandate or a card authorisation, which also covers the following periods and later changes to the subscription. For annual subscriptions the Provider may, in individual cases, allow payment on invoice by bank transfer.

If the customer does not take out a subscription by the end of the trial, access is suspended; no costs arise. The data is kept for the period named in § 7 and can be exported. If a payment fails or a direct debit is returned, the Provider makes further collection attempts and informs the customer; if the invoice is still unpaid 14 days after it fell due, the Provider is entitled to suspend access until payment has been received. Costs of a returned direct debit for which the customer is responsible are borne by the customer.

The Provider issues invoices in digital form (as an e-invoice on request) and sends them to the billing email address on file; they can also be retrieved in the platform. The customer is responsible for ensuring that billing details and email address are correct and reachable.

Additional seats, a higher plan and additional modules apply at once; for the current billing period only the pro-rata difference is charged, and what has already been paid is set off. A reduction applies from the next billing period; there is no credit for the current one. An annual subscription commits the number of seats booked at conclusion or renewal for the year; seats added during the year are charged monthly at the monthly price and can be cancelled to the end of the respective month.

§ 5 Term and Termination

The subscription term is either one month or one year depending on the selected plan. Subscriptions may be cancelled at any time to the end of the current billing period; access remains until then. Unless cancelled, subscriptions automatically renew for the same period.

Cancellation is made via the billing settings in the platform or in text form by email to [email protected]. The relevant date for the cancellation 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, for fraud or for sending unsolicited bulk messages (spam), or in a manner that infringes third-party rights – in particular copyright, trademark and personality rights, (d) circumventing technical protection measures, or (e) interfering with the security, integrity or availability of the platform, for example through malware or excessive automated access. In the event of a breach or a security risk, the Provider may temporarily suspend access; § 5 remains unaffected.

All rights in the platform, the software, the documentation and the Provider's trademarks remain with the Provider; the customer receives only the rights of use described in this section. The data the customer puts into the platform remains the customer's data.

The platform contains AI features (the assistant "Bob") that work with language models which the customer connects through its own accounts with the respective model providers. The customer is responsible for its inputs and for how it uses the outputs. AI outputs may be inaccurate or incomplete and must be checked before use; they do not replace professional, legal or tax advice. It is prohibited to use the AI features to generate illegal content, sexualised depictions without the consent of the persons shown, deceptively realistic imitations of real persons (deepfakes), hate speech or malware, to disclose private data of third parties, to deceive others about the machine origin of content, or to circumvent the safety mechanisms of the models.

Where the customer imports packages from files (e.g. apps, functions, plugins or catalogues that it created itself or received from third parties), it does so on its own responsibility. The Provider does not review such files; the customer is responsible for their content and behaviour. § 9 remains unaffected.

§ 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.

Trial and Refund

There is no statutory right of withdrawal, because the Provider contracts exclusively with entrepreneurs (§ 1). The platform can be tried for 14 days free of charge and without a means of payment. For annual subscriptions the Provider refunds the annual amount in full if the customer cancels within 30 days of an annual charge. Otherwise paid billing periods are binding.

The details are set out in the Refund Policy, which forms part of these terms.

Refund Policy

yourapps.studio

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