General terms and conditions and end user licence agreement

The German version of these terms is the original. This translation is provided for information; which version prevails in the event of discrepancies is governed by section 20.

As at: December 2026

These terms govern the use of the Aufmasstool app for iOS and Android, of the browser version at app.aufmasstool.de and of the server services connected with them. They describe which service is owed and which is not, what we are liable for and what you have to do yourself. Where a provision applies only in so far as we offer a service, that is stated expressly; such a statement is not an undertaking that we offer the service.

1. Provider, contracting party and scope

The provider and your contracting party for the user relationship is:

Tobias Bak
Im Oberdorf 13a
36399 Freiensteinau
Germany
Telephone: +49 6666 9793101
Email: info@aufmasstool.de

The full provider details are given in the legal notice. Please address declarations relating to this contract – a termination, for example – to that postal address or to that email address.

The offering is addressed to consumers and to traders. Under Section 13 BGB (German Civil Code) a consumer is anyone who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity; under Section 14 BGB a trader is anyone who, in doing so, acts in the exercise of such an activity. Provisions that apply only in relation to traders are expressly marked as such below. All other provisions apply to both.

The version of these terms that was available when the respective contract was concluded is the version that applies. Deviating or supplementary terms of the user do not become part of the contract unless we have agreed to them in text form; this applies only in relation to traders.

If you obtain the app through an app store, the terms of the respective store operator additionally apply to the acquisition and to the payment. Those terms govern your relationship with the store operator. Your user relationship with us is governed by the present terms.

2. Subject matter of the contract and types of contract

Aufmasstool is a program for take-offs in the building trades: structuring a building, recording dimensions, determining quantities, documenting, evaluating and outputting in various formats. The subject matter of this contract is the provision of the software for use for a limited time, including the server services belonging to it.

• Paid plans are software rental for a limited time within the meaning of Sections 535 et seq. BGB (German Civil Code). You acquire no ownership of the software and no perpetual licence; the entitlement is assigned to your account for the term of the contract and expires with it. In relation to consumers, Sections 327 et seq. BGB on contracts for digital products apply in addition.
• The Free plan is a gratuitous provision within the meaning of Sections 598 et seq. BGB (loan for use). We owe no equivalent in return for it and, under Section 599 BGB, are liable only for intent and gross negligence.

The Free plan includes creating and managing the building structure, measuring by hand, photo documentation on the device, viewing your own data and the data export. In addition, with any account you can join a team as a member who only reads (section 5). All other functions – in particular measuring devices and camera-based procedures, imports, file exports, billing documents, the cloud for your own projects and editing in a team – are reserved for the paid plans.

The following are not the subject matter of this contract: a surveying service, construction work on a building, the preparation or checking of billing statements in an individual case, and advice on tax and legal matters. The app is a tool; the technical and the legal assessment of what is produced with it remains your responsibility.

Working with the app is also possible on iOS and Android without a connection to our servers. An account is nevertheless required (section 4).

3. Formation of the contract

3.1 User contract for free access

The user contract is concluded when you submit the registration form and we create the account. The presentation of the app and of the plans on the website and in the stores is not a binding offer but an invitation to submit an offer.

3.2 Purchase through Apple's App Store and through Google Play

If we offer a plan for purchase in the iOS app, the purchase runs entirely in the purchase dialogue of the App Store; if we offer a plan for purchase in the Android app, it runs entirely in the purchase dialogue of Google Play. The price, the billing period and the renewal are shown to you there, and it is there that you make your declaration. In this respect the contracting party for the purchase and for the payment processing is the store operator, not us; we receive no payment data. After checking the purchase – for the App Store on the basis of the purchase receipt signed by the store operator, for Google Play by a query to Google – we unlock for your account the plan you have acquired. The rights to which you are entitled as against the store operator – refunds and management of the subscription, for example – are governed by that operator's terms.

The “Redeem code” button opens the redemption dialogue of the App Store in the iOS app and the redemption page of Google Play in the Android app; it concerns codes of the respective store operator only.

3.3 Unlocking by us

Irrespective of a purchase, we may unlock a plan for your account, including for a limited period. In that case the contract is concluded upon our confirmation in text form; the content, the term and – where a fee is agreed – the price and the method of payment follow from that arrangement. There is no entitlement to have a plan unlocked.

3.4 Further routes

Further purchase routes – for example through a payment service provider for the browser and desktop versions, or on account – exist only in so far as we open them. Where such a route is opened, the order overview names, before the order is placed, the contracting party for the payment, the price, the term and the termination.

3.5 Information on concluding the contract in electronic commerce

Under Section 312i(1) BGB in conjunction with Article 246c EGBGB (Introductory Act to the German Civil Code) we point out the following:

• Technical steps. For the user contract (3.1) you open the registration form in the app or in the browser version. It guides you through the necessary steps: you provide the details requested there, make the declarations requested there and submit the form. We then create the account; the app shows you whether this has succeeded or what is still missing. Where a purchase through a store is offered (3.2), you choose a plan in the app; the app opens the store's purchase dialogue, in which you confirm or cancel the purchase. Where purchase in the browser version is offered (3.4), you choose a plan and the term there. The order summary shows plan, term, final price and renewal; you confirm the two declarations on the right of withdrawal stated there and place your order with the button “order with obligation to pay”. You then enter your payment details on the payment page of our payment service provider Stripe and complete the purchase there.
• Contract text. We keep the contract text – these terms in the version in force at the time – available at aufmasstool.de/agb, and this translation at aufmasstool.de/en/agb; you can save and print it there with your browser. If this version is replaced by a new one, it remains available at aufmasstool.de/agb/archiv/<year>-<month>, and this translation at aufmasstool.de/en/agb/archiv/<year>-<month>. We store the version of these terms you consented to and the time of your consent with your account.
• Input errors. Until you submit, you can check your entries in the form and correct them with the usual input functions of your device. If details are missing or incomplete, the form points this out instead of submitting them. In a store's purchase dialogue you check, correct or discard your selection as that store provides. In the order summary of the browser version you can change your selection or close the order until you send it; on the payment page you can correct your details or cancel the process until completion.
• Contract languages. German, English, Polish, Spanish and French are available for concluding the contract: the app with the registration form and these terms exist in these languages. The terms are drawn up in German, the other versions are translations; which version applies in the event of discrepancies is governed by section 20.
• Codes of conduct. We have not submitted to any code of conduct.

4. Account, registration and minimum age

Without an account the app cannot be used – not offline either, and not in the Free plan. The account is personal and not transferable. Keep your access data secret; notify us without undue delay if you suspect misuse.

Whether an invite code is required for registration is shown by the registration form; we decide on this. There is no entitlement to an invite code or to the conclusion of a contract.

Registration is reserved for persons aged 18 and over. By registering you declare that you have reached that age.

You are responsible for the details in your account and keep them up to date. We may block an account if there is reasonable suspicion of misuse or if you materially breach these terms. Access to your own data and its export remain available even while an account is blocked.

5. Rights of use

For the term of the contract we grant you a simple, non-exclusive, non-transferable and non-sub-licensable right to use the app in the version provided at the time for its intended purpose. The right is unrestricted in territory and limited in time to the term of the contract.

The following are not permitted, in particular:

• resale, rental, lending or any other provision to third parties,
• the granting of sub-licences,
• making the app or the account accessible to persons outside your team,
• removing or altering copyright and protective notices,
• reverse engineering, decompiling or disassembling the software; Sections 69d and 69e UrhG (German Copyright Act) remain unaffected,
• the automated harvesting of content and any use that impairs the operation of our servers.

Team plan. If several members of a team may edit data, each of them needs a Team licence of their own – a subscription of their own to the Team plan, a Team licence for employees assigned to them (section 6) or an unlocking by us (3.3). This also applies to the owner of the team. If only a single member may edit data, the Pro plan is sufficient for that member. Members who may only read need no Team licence and no plan of their own; which project data they see and whether the app allows them to export is determined by the owner and the administrators of the team. A Team licence is personal; it may not be used by several persons at the same time or alternately. The addition and removal of members are determined by the owner and the administrators of the team.

When the contract ends, the right to use the paid functions ends. The data stored on your device remains there; viewing your own data and the data export remain available in every plan.

6. Scope of services, plans and remuneration

Which function is included in which plan follows from the plan overview in the app and on this website. The plan tiers are, in ascending order: Free, Basic, Pro and Team; the Team plan applies per person. A plan of the former Standard tier acquired earlier receives the scope of Pro. Prices are deliberately not stated in this contract text but in the plan overview applicable at the time and – where the purchase is made through a store – in the purchase dialogue there.

Prices that we state ourselves are final prices including statutory VAT. For a purchase through a store, the price in that store's purchase dialogue applies; whether and how it includes VAT is stated by the store operator.

Your plan is assigned to your account on the server side. The app fetches the entitlement from the server at every start and after every sign-in; what counts is the state held there, and that in both directions. If there is no connection, the last known state continues to apply so that you can keep working offline. A downgrade – after a withdrawal, a refund or the expiry of an unlocking, for example – therefore does not take effect in the app until it next reaches our server.

Where we grant a free trial period, it is granted once per account and does not turn into a paid plan of its own accord when it expires; no payment obligation arises from it and no termination is required.

Trial in the browser version. In the browser version you can start a free trial of the Pro plan once for your account; it is offered to accounts that have neither the Pro plan nor the Team plan. The trial lasts 14 days and requires no payment details. It ends of its own accord when the 14 days have expired, without any need for termination; it does not create a paid contract. Afterwards your account is again on the plan that applies without the trial – without a subscription and without an unlocking, the Free plan. Only one such trial is possible per account. The iOS and Android apps do not offer this trial; there the respective store operator may offer an introductory offer for a subscription, to which section 3.2 and the store operator's terms apply.

Where we issue voucher codes, a redeemed code unlocks the plan for the period stated for that code.

Team licences for employees. Where we offer Team licences for employees, the following applies: a buyer acquires a number of Team licences in order to assign them to other persons; the buyer alone is our contracting party for these licences. Acquisition, price, term, payment and termination are agreed separately. The buyer assigns a licence to an email address or issues it as a code that the person redeems. An assignment to an address takes effect only once the person accepts it: an account with this confirmed address that holds no other Team licence receives an offer that it can accept or decline; if the offer has not been accepted 90 days after the assignment, the licence becomes free again. A licence can be released and assigned anew; the person who holds it can also release it. An effective licence works for the person like a Team plan of their own, in every team. If more licences have been given out than are paid for – after a payment default, for example, or after a reduction in their number –, the licences given out last are suspended until the paid number suffices again; no data is deleted in the process. An increase in the number takes effect immediately and is charged pro rata for the current period; beforehand we show the amount due immediately and the amount payable from then on, you make the declarations under section 17 again, and we confirm the change on a durable medium. A reduction takes effect at the end of the paid period.

The fee for a paid plan is payable in advance for the billing period chosen in each case. Where the purchase is made through a store, payment is made in accordance with that store's terms. On a purchase in the browser version you pay through our payment service provider Stripe using the payment methods offered on its payment page; you receive the invoice through Stripe.

7. Availability

We do not promise any particular level of availability. We currently do not measure the availability of our server services and do not monitor it continuously; a figure that we stated here would not be substantiated. We operate the services with the care of a diligent provider and remedy faults within our operational means.

The server services are unavailable in particular during maintenance work, in the event of faults at the data centre operator or of the network connection, and in cases of force majeure. We announce maintenance work in so far as it can be planned and an announcement is reasonable.

The core work with the app – building structure, measuring, local evaluation – is independent of our servers on iOS and Android and is available even during a fault. Your statutory rights in the event of an impairment of the fitness for use remain unaffected.

8. Updates and liability for defects in digital products

During the supply period we provide you with the updates, including security updates, that are necessary for the app to remain in conformity with the contract (Section 327f BGB). You receive them through the store from which you obtained the app and through a program package that the installed app fetches on start-up; in the browser version you automatically receive the version deployed at the time. We inform you about an update in the app.

If you do not install an update about which we have properly informed you, or do not install it correctly, we are not liable for a defect resulting from this (Section 327f(2) sentence 2 BGB).

In relation to consumers, Sections 327 et seq. BGB apply. These terms do not deviate from Sections 327d to 327r BGB to your disadvantage; such a deviation would be ineffective under Section 327s(1) BGB. This concerns in particular the requirements as to the objective characteristics, your rights in the event of a defect and the allocation of the burden of proof.

In relation to traders the provisions of rental law apply; section 14 letter e remains unaffected.

Please report a defect to us with a description that allows us to reproduce it: what you did, what you expected and what happened instead, together with the device, the operating system and the program version.

9. Measuring procedures and accuracy

The app supports several ways of recording a dimension: entry by hand, transfer from a laser distance meter via Bluetooth, the camera- and sensor-based procedures of the device (among others the depth sensor and room capture) and the evaluation of a photo with a reference marker.

The app is not a verified measuring instrument within the meaning of the German Measures and Verification Act (Mess- und Eichgesetz) and does not replace a surveying service. It is not intended for measured values that are subject to a verification requirement in commercial dealings.

We do not warrant any accuracy. The accuracy that can be achieved differs considerably between the procedures and depends, in addition, on the device used and its equipment, on light, distance, surface and alignment, and on the care taken when recording. A statement in figures would be correct only under conditions that we neither know nor are able to influence; no agreement as to a particular tolerance is therefore concluded.

Where the app displays a deviation alongside a measured value, that statement is a calculation based on assumptions and not a measured tolerance. In particular it does not capture the following sources of error, because they are not discernible from the recording:

• a reference marker that has not been printed to scale or that has been chosen wrongly,
• a reference marker that does not lie flat or that is warped,
• points that lie outside the plane of the reference marker.

The actual deviation may therefore be greater than the value displayed. Furthermore:

• With a laser distance meter the app does not evaluate the reference point set on the device (front edge, rear edge, tripod thread). Checking the setting of the device is your responsibility; a wrong setting shifts every distance transferred, without the app being able to notice it.
• With the camera- and sensor-based procedures, a body standing at an angle in the room may in some circumstances be captured as an axis-parallel envelope and thus shown as too large. Volumes are formed from the base area and the mean height; for bodies that are not prismatic this is an estimate.
• A statement about accuracy recorded with a measured value is not carried through into the evaluations, billing documents and output files.

Your obligation: before using it you check every take-off – in particular before a billing statement, before handing it over to a client and before placing an order – for plausibility and, where the figure matters, by means of a second measurement. Responsibility for the correctness of the take-off and for its suitability for the purpose you are pursuing remains with you.

10. Quantity determination and billing

The app can determine quantities in accordance with the over-measurement rules of VOB/C. Which rule applies is something you choose yourself for each project; without a choice the app calculates with the full deduction. We owe the arithmetically correct implementation of the rule you have chosen. We do not owe that this choice is the right one for your construction project, and not that it corresponds to your construction contract, to the bill of quantities or to the view taken by your client.

The measured quantity and the billable quantity may therefore diverge. Which of the two figures a display means follows from its label; totals across several items may leave the chosen rule out of account. What is decisive for a billing statement is the billing document, which you check before handing it over.

Document numbers. If cloud synchronisation is switched on, the app can reserve number blocks at our server and then assigns a document's number from such a block; numbers from these blocks are intended to be unique across the devices of your team. If the app assigns a number without a block, it continues counting from the records of the device concerned and points out that no number block is reserved. The app checks a number entered by hand only against the records of the device on which it is entered.

The document number assigned or proposed by the app is an aid and not a warranty of uniqueness. If several devices work on the same data set, or if you import a project from elsewhere, check the consecutive numbering yourself; the obligation under Section 14(4) no. 4 UStG (German VAT Act) lies with the issuer of the invoice.

11. Output files and exchange formats

The app produces files in various formats, among them PDF, Excel, CSV, JSON, XML, ODS, DXF and SVG as well as the industry exchange formats GAEB X31, REB DA11 and XRechnung.

For the exchange formats we give no conformity undertaking. We produce them according to the respective standard text to the best of our knowledge. There is no certification, and the files produced have not been checked against the validation tools of the recipients. In particular we do not warrant that a file produced will be accepted, or recognised as verifiable, by any particular receiving system, invoice receipt platform, billing program or validation program.

Building parts are currently not contained in the take-off exchange formats. A file produced in this way may therefore show less than the billing in the program; the app points this out when the file is produced. Which record types, formulas and levels of structure are supported follows from the user manual.

Check every file before handing it over – in particular before submitting it to a public-sector client and before every hand-over to which a time limit or a payment consequence is attached.

12. Data backup, data loss and your cooperation

Your project and measurement data arises on your device and is stored there. It is transferred to our servers only if cloud synchronisation is switched on for your account and is included in your plan.

Browser version. In the browser version the database works in main memory; alongside this the application stores a copy in the browser's storage. This copy is not permanent: individual seconds may pass between two saves, clearing the browser data removes it, nothing is kept in a private window, and browsers clear the storage of a page that has not been visited for a longer period of their own accord. Without cloud synchronisation switched on, data can therefore be lost in the browser version. The app points this out.

Your obligation to make backups. You back up your data regularly yourself, to an extent and at intervals that correspond to the value of the data. For this the app offers a backup of the database and – outside the browser version – a backup including the media files. A backup of the database contains the administrative details of photos, videos and audio recordings, but not the media files themselves. Anyone who holds only this backup and restores it on a new device then has complete documentation without the recordings.

Synchronisation with the cloud. During synchronisation the server may reject individual rows, and where editing takes place at the same time one row may displace another. Such rows are recorded in a conflict list and can be restored from there; entries older than 90 days are removed in the process. There is currently no separate notification about this – please therefore review the list regularly.

Withdrawal of a project in a team. If the owner of a team withdraws a project from a member, the project tree is removed on the device concerned. Measurements that had not yet been uploaded from there are lost in the process.

Our server backups. We make backups of our servers for our own operations. They serve to restore the service and are no substitute for your own backup; we grant no entitlement to the restoration of individual data from them.

In the case of a loss of data for which we are responsible, our liability is limited to the effort that would have been required for restoration had you made proper and regular backups. The cases of unlimited liability under section 14 remain unaffected.

13. Third-party data in your projects

In your projects you regularly process personal data of other people – clients, invoice recipients, contact persons. For this data you are the controller within the meaning of the General Data Protection Regulation (German designation: DSGVO); we are your processor in that respect. You ensure that you are entitled to carry out the processing and that you fulfil your information obligations. We are preparing the data processing agreement required for this under Art. 28 GDPR; it is not yet available.

If you set up an interface or an automatic delivery to a system of your own, the transmission to the destination named by you is made on your instructions; you are responsible for the choice and the security of that destination.

If you output a project as a file, that file is not encrypted: dimensions, prices, totals and addresses are in plain text in it. You are responsible for the route such a file takes.

Which data we process ourselves and for what purpose is set out in the privacy policy.

14. Liability

We are liable in accordance with the following rules:

• a) Without limitation we are liable for intent and gross negligence, for the fraudulent concealment of a defect, for injury to life, body or health, to the extent of a guarantee assumed by us and under the German Product Liability Act (Produkthaftungsgesetz).
• b) In the case of simple negligence we are liable only for the breach of a material contractual obligation. An obligation is material if its fulfilment is what makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely – in the case of this contract in particular the provision of the app in a usable state, the durable storage of the data recorded by you by the route provided for it, and the arithmetically correct implementation of the rules chosen by you. In that case liability is limited to the damage typical of this type of contract and foreseeable at the time the contract was concluded.
• c) Maximum amount. No maximum amount in money is agreed; in the case of simple negligence only the limitation under letter b applies.
• d) In all other respects our liability is excluded.
• e) Liability irrespective of fault for defects that already existed when the contract was concluded (Section 536a(1) alternative 1 BGB) is excluded. Section 536a(1) alternatives 2 and 3 BGB and liability under letters a and b remain unaffected.
• f) In the Free plan we are liable under Section 599 BGB only for intent and gross negligence.
• g) The above rules also apply to the liability of our legal representatives and vicarious agents and to claims in tort.

Contributory negligence. When assessing damage, account is taken of whether and to what extent you have omitted the checks under sections 9, 10 and 11 and the data backup under section 12 (Section 254 BGB).

Limits of this provision. The limitations do not apply in so far as they would be ineffective in relation to consumers under Section 327s(1) BGB or under Section 309 no. 7 BGB. Mandatory statutory rights remain unaffected in every case.

15. Switching to another provider and taking your data with you

You can output your data from the app at any time. For this the app provides:

• the data export – your data per table as a file in JSON format together with a readable overview. It is available in every plan, including where access is blocked;
• the backup of the database and, outside the browser version, the backup including the media files;
• the output of an entire project as a file as well as the file exports in the formats named in section 11, in each case subject to your plan.

Under Chapter VI of Regulation (EU) 2023/2854 (Data Act) the following applies in addition: you may terminate the contract for the purpose of switching, subject to a notice period of no more than two months. After the termination takes effect you have a transitional period of 30 days in which you can output your data; at your request we will extend it appropriately in so far as this is possible for us. We charge no fee for switching; from 12 January 2027 switching charges are inadmissible in any event.

We output your data in a structured, commonly used and machine-readable format. We do not warrant that any particular other provider is able to read this data; which formats a third-party system accepts is determined by the provider of that system. We do not owe a conversion into a third-party format.

16. Term, renewal and termination

Free plan. The contract runs for an indefinite period. You can end it at any time without notice by deleting your account; the way to do so is described on the page Delete account. We can terminate it with one month's notice.

Subscription through the App Store or through Google Play. The term, the billing period and the renewal follow from the product chosen and are shown to you in the purchase dialogue before the purchase. Such a subscription renews automatically in accordance with the terms stated there unless it is cancelled in good time. You cancel in the subscription management of your store account; we can neither declare nor revoke that cancellation for you there. At the end of the billing period your account falls back to the Free plan.

Subscription through the browser version. A subscription you take out in the browser version initially runs for the chosen term of one month or one year. If you do not cancel it by the end of that term, it continues for an indefinite period and can then be cancelled at any time with one month's notice. You can cancel in your profile under “Manage subscription”, through the page “Cancel contracts” or in text form to the address in section 1.

Changing plan for a subscription through the browser version. You can change a subscription you took out in the browser version to another plan or another term. You can change to a higher plan – in ascending order Basic, Pro, Team – and, within the same plan, from a monthly to a yearly term at any time; the change takes effect as soon as the amount due immediately has been paid, so usually at once, and without payment within 23 hours your previous plan remains. You choose the term of the new plan freely. The unused part of the fee already paid is credited pro rata against the new fee; if it exceeds the amount due immediately, the remainder is set off against the following invoices, and no payout is made. If the term changes with the switch, a new billing period begins with it; if the term stays the same, the billing date stays the same. Before the change we show you the amount due immediately and the fee payable from then on, you make the declarations under section 17 again, and we confirm the change on a durable medium. A change to a lower plan, whatever the term, and, within the same plan, from a yearly to a monthly term takes effect at the end of the current paid period; until then the previous plan applies, and nothing is refunded. Until that time you can reverse the planned change; a change to a higher plan also replaces it. You change a subscription through the App Store or through Google Play with the respective store operator under its terms.

Unlockings by us. An unlocking granted for a limited period ends when the period expires; one without a time limit can be terminated by either party with one month's notice to the end of a calendar month; there is no tacit renewal.

Cancellation button. As soon as we enable consumers to conclude a continuing obligation directly through one of our websites, we will provide a cancellation button there in accordance with Section 312k BGB, together with the confirmation page and the confirmation in text form. For subscriptions concluded through an app store, cancellation takes place in your store account; Section 312k BGB does not apply to those.

Termination for cause. The right of both parties to terminate extraordinarily for cause remains unaffected. For us, cause exists in particular if you materially or repeatedly breach section 5, impair the operation of our services or are materially in default with a payment that is due.

Consequences. When a paid plan ends, the functions tied to it cease to be available. Access to your own data and the data export remain. We delete the data stored on our servers when your account is deleted; details, exceptions and retention periods are set out in the privacy policy. Output your data before the contract ends (section 15).

17. Right of withdrawal for consumers

In the case of contracts concluded by means of distance communication, consumers have a statutory right of withdrawal. The details, the period, the consequences and the model withdrawal form are set out in the withdrawal policy.

In the case of a subscription concluded through an app store, the reversal of the payment is additionally governed by the terms of the store operator, who is your contracting party in that respect.

In the case of digital content, the right of withdrawal expires before the end of the period only under the conditions of Section 356(5) BGB. These include your express consent that we begin performance before the withdrawal period expires, your confirmation that you are aware that you lose your right of withdrawal when performance begins, and our confirmation of the contract on a durable medium.

18. Changes to these terms and to the digital product

Changes to these terms require your consent. We notify you of an intended change in text form at least six weeks before the proposed date on which it is to take effect and draw your attention to the change in doing so. If you do not consent, the previous terms continue to apply to you; in that case either party may terminate the contract ordinarily as of the proposed date.

Beyond the updates that are necessary to maintain conformity with the contract (section 8), we change the app in relation to consumers only under the conditions of Section 327r BGB. We inform you in good time about such a change and about any right of termination attached to it.

19. Choice of law, place of jurisdiction and dispute resolution

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected (Article 6(2) of Regulation (EC) No 593/2008).

In relation to consumers no place of jurisdiction is agreed; the statutory jurisdictions apply. If you are a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business; we are also entitled to bring proceedings at your general place of jurisdiction.

A platform of the European Commission for online dispute resolution is no longer operated; it was discontinued on 20 July 2025. A reference to it is therefore omitted.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

20. Final provisions

There are no oral side agreements. Individually agreed terms take precedence over these terms (Section 305b BGB). Declarations relating to this contract require text form; stricter statutory formal requirements remain unaffected.

In relation to traders the following applies: a set-off is permitted only with claims that are undisputed or have been established with final and binding effect; the assignment of claims under this contract requires our consent in text form.

Should a provision of these terms be or become ineffective, the remainder of the contract remains effective. The statutory provisions take the place of the ineffective provision.

These terms are drawn up in the German language; versions in other languages are translations. In the event of discrepancies the German version applies, in relation to consumers however only in so far as the German version was reasonably accessible to them; otherwise the version in the language in which the contract was offered to you applies.