Terms of Service

General terms and conditions

The German version of these terms prevails if the two language versions differ.

1. Scope and contracting party

1.1 Scope

These general terms apply to every contract for the use of TimeTracker between Alexander Funk u. Daniel Amzovski GbR, Widdersteinstraße 128, 88400 Biberach an der Riß, Germany (the Provider), and the person who opens an account at jomawo.com or my.jomawo.com (the Customer). Conflicting terms of the Customer do not apply, even if the Provider does not expressly reject them. Individual agreements take priority over these terms. People who are not authorised to represent the Provider, in particular in support, cannot depart from these terms or promise a quality.

1.2 Businesses only

The Provider offers TimeTracker exclusively to businesses and does not enter into contracts with consumers. By registering, the Customer confirms that it uses TimeTracker for its trade or self-employed profession. Provisions of these terms made expressly for consumers apply only in case a consumer nevertheless becomes a contracting party contrary to this paragraph.

A business is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its trade or self-employed profession when the contract is concluded (section 14 of the German Civil Code). That includes sole traders, freelancers and small traders, with or without employees. A consumer is only a natural person who enters into the contract for purposes that are predominantly outside that person’s trade or self-employed profession (section 13 of the German Civil Code). What matters is the purpose when the contract is concluded. If the Customer names a business at registration and acts for it, the contract is formed with that business. The person acting warrants that they are authorised to represent it. If that authority is missing, the person acting remains bound. If the Customer names a business, acts for employees or the Customer’s own clients, or uses a VAT identification number, the purpose is a business purpose. Switching later to private use does not change that purpose. The Customer is bound by its confirmation under the previous paragraph. The Customer may then not rely on consumer rights unless the Provider knew or ought to have recognised that the statement was untrue. Otherwise mandatory consumer rights remain unaffected where the Customer was in fact a consumer when the contract was concluded.

1.3 Changes

The Provider may change these terms for the future where there is an objective reason, in particular a change in the law, an official or court requirement, or a change to the technical basis. The change may not increase the fee or materially reduce the core function owed. The Provider notifies it in text form at least six weeks before it takes effect.

Towards businesses, the amended terms become part of the contract if the Customer does not object in text form before they take effect. The Provider points out this consequence in the notice. If the Customer objects, the previous terms continue. The Provider may terminate the contract as of the planned effective date. The Customer terminates under section 2.8.

Towards consumers, amended terms take effect only if the Customer agrees in text form. If the Customer does not agree, the previous terms continue. The Provider may terminate as of the proposed effective date. The Customer terminates under section 2.8.

A change that releases the Customer’s content for the training of AI models never takes effect by silence or by acceptance of these terms. Section 2.9 alone governs that.

Consent and objection under this section are declared for the Customer only by the account owner or an administrator of the account. If another user confirms amended terms, that user only takes note of the usage rules that apply to them.

2. Contract

2.1 Subject matter

The subject matter is the paid or free provision of the TimeTracker software as software-as-a-service over the internet, including storage of the data entered by the Customer, in the plan booked. Consulting, training and development services are owed only under a separate agreement.

TimeTracker is a time-tracking tool. The core function is recording, displaying and exporting time entries in the plan booked. It is not legal, tax, payroll or business advice. AI output is a non-binding suggestion. The Customer reviews it before using it towards third parties or for billing, payroll or tax. The Provider does not owe that the Customer’s use, settings, rounding or reports meet the Customer’s statutory duties, in particular on recording working time, working-time and payroll law, billing its own clients or record retention. The Customer remains responsible for those.

The service includes set-up and usage tips by email about the functions of the account, for example after registration or when the account has not been used for some time. The Customer and every user may unsubscribe at any time through the link in the email, without otherwise changing the contract.

2.2 Formation

The contract is formed when registration is completed. If a single function fails because a third party required for it fails, that is not a defect of that function for the duration of the outage. If the outage lasts continuously for more than four weeks, the Customer may set a period of at least 14 days and, after it expires without result, withdraw from that function in text form. The withdrawal covers only that function and leaves the rest of the contract unaffected. It is not cause and it is not damages. Only the part of the advance payment that relates to that function and the time after the withdrawal is refunded. If there is no separate price, ancillary functions are weighted equally among themselves; together their share of the fee is at most half. The core function under section 2.1 otherwise corresponds to the plan fee. The Provider determines the share in reasonable discretion (section 315 of the German Civil Code). The Customer’s estimate does not control. Further damages are governed only by section 5. Towards consumers the statutory rights under sections 327 onwards of the German Civil Code remain unaffected.

2.3 Account

The Customer receives an account at https://my.jomawo.com. The Customer is at least 18 years old. Access credentials must be kept secret and must not be shared. Acts of the users the Customer admits count as the Customer’s acts. The Customer removes access when a person leaves or an authority ends, and notifies suspected misuse of the credentials without undue delay. If the Customer does not, the Customer is responsible for the use. Registration under a false name or with a fabricated email address is prohibited. If details are obviously false, the Provider may close the account. The Customer compensates the resulting loss that the Customer is responsible for.

2.4 Customer duties

The Customer does not misuse the software. Misuse includes in particular introducing malware, overloading the systems, circumventing technical safeguards, reselling access and any use that breaks the law or infringes third-party rights. Misuse also includes automated access outside the documented interface or beyond its limits, extracting content of the platform, load and security testing without the Provider’s prior consent in text form, attempts to extract or manipulate instructions, prompts, models or other internal parts of the AI features, circumventing plan limits, for example through several accounts for the same operation, and using the software or its output to develop, train or comparatively market a competing product. The Customer ensures that all personal data which the Customer or its users enter were collected lawfully and that the people concerned are informed where that is required. Where those data concern third parties, the Customer is the controller under the GDPR. The Customer obtains any required participation and consent itself, in particular that of a works council. The Customer uses the account only for the contracting party’s own operations. Use for other companies, including affiliates, or making the access available to third parties as the Customer’s own service is permitted only if the plan expressly allows it.

2.5 Right of use and intellectual property

For the term and the plan booked, the Provider grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the software in the Customer’s own operations through the interface provided. Affiliated companies are not included unless the plan booked expressly allows it. All other rights in the software, the interfaces, the documentation, the models and the know-how arising from them remain with the Provider or the respective right holder. The Customer acquires no rights in models, weights or improvements, even where the Customer’s data were used under section 2.9. Adaptation, copying or making available to the public outside this right of use is prohibited. Mandatory rights under sections 69d and 69e of the German Copyright Act remain unaffected.

The Provider acquires no ownership of the content data the Customer enters. The Customer remains entitled to dispose of them, without prejudice to the limited rights these terms and a model-improvement setting switched on under section 2.9 grant.

In feedback, bug reports and suggestions the Provider receives a royalty-free right, unlimited in time and territory, to use them to operate and develop its own products. The Customer warrants that the Customer is entitled to grant this right. That does not apply to the Customer’s content data. If feedback contains content data, that content data stays content data and is not covered by this right.

2.6 Fees

The scope of functions follows the functions the booked plan marks as included in the plan overview when the contract is concluded. Explanations, examples and advertising statements do not agree a quality and do not change these terms on term, termination, fees or liability. The price is the price shown in the booking process when the contract is concluded. A public statement does not keep a price or a free plan in force. A free plan ends under section 2.8. For a paid plan the Customer pays the agreed fee plus statutory VAT, in advance for the relevant billing period. If only the tax rate changes, the gross price changes accordingly.

If the Provider offers a free trial period at booking, it applies once per Customer. The same Customer includes anyone who uses the same person, the same business or the same payment instrument. The Provider may refuse or end a further trial. If the Customer does not terminate before the trial ends, it continues in the booked paid plan at the price shown at booking. Termination is governed by section 2.8.

If the Provider wants a different price for a future period, the Provider terminates under section 2.8 and may at the same time offer continuation at the new price. The new price applies only if the Customer accepts it in text form or in the account before the current period ends.

The fee is payable in advance. If a payment that is due is not received, the Provider may suspend the paid functions until it is received. The functions of the free plan and the export remain available in that case. If the Customer is at least 30 days in arrears, the Provider may suspend access until the arrears are paid. Fees that were due before the suspension remain payable. If the Customer is at least 60 days in arrears and does not pay after a reasonable grace period with a warning of termination, the Provider may terminate for cause. Claims for fees in arrears remain in force. A reversal, chargeback or unpaid direct debit is not a termination, a withdrawal or a notice of defect. The Provider may suspend access immediately, without waiting for the period of 30 days. The reversed amount remains payable. If the Customer is responsible for the reversal, the Customer also owes the fee the payment provider charges the Provider for it. Fees for the current period are not refunded because of a suspension under this paragraph or because of default.

2.7 Change of plan

A change to a higher plan or adding users is possible at any time. The higher fee becomes due from the change, pro rata for the rest of the current billing period. A change to a lower plan or removing users takes effect at the end of the current billing period. Nothing is refunded for the current period. A later change to a lower plan or a termination does not reduce the higher fee already triggered for the current period.

2.8 Term and termination

The contract runs for an indefinite term. A paid plan ends by ordinary termination at the end of the current billing period. A free plan ends by ordinary termination when notice is received. The Provider may terminate a free plan on 30 days’ notice and a paid plan on 30 days’ notice to the end of the current billing period. If the Provider’s notice arrives so late that fewer than 30 days remain before the end of the current billing period, it takes effect at the end of the following billing period. The right to terminate for cause remains unaffected. If the cause is missing, an extraordinary termination by the Customer counts as an ordinary termination at the end of the current billing period, with no refund. An extraordinary termination whose cause is established ends the contract when notice is received. Only prepaid fees for the time after receipt are then refunded, pro rata.

The Customer terminates, whether ordinarily or for cause, exclusively through the cancellation function in the account. That is the management of the contract in the account, including the payment provider’s page opened from the account. A termination from the account counts as the Customer’s termination. A message to support, by email, by letter or via jomawo.com has no effect towards businesses. Missing the function or finding it inconvenient does not make it unusable. Withdrawal under section 2.2 may be declared in text form.

If the Customer is a consumer contrary to section 1.2, the cancellation function in the account is likewise the intended route. Where mandatory law lets a statement in text form suffice, in particular section 309 no. 13 of the German Civil Code, notice in text form to the address in the imprint remains effective. If the account or the cancellation function is unusable for a reason the Provider is responsible for, a business may also terminate in text form to the address in the imprint. The same applies if a suspension under section 2.6 or 5.4 makes the cancellation function unreachable. The notice periods of this section apply in those cases as well. Towards a consumer, the billing period chosen at booking is the initial term, at most two years. After that the contract continues for an indefinite period. The consumer may then terminate at any time on one month’s notice. No further fixed term arises. Prepaid fees for the time after that termination takes effect are refunded pro rata. Ending only at the close of the billing period does not apply to that extent.

Cause for the Provider exists in particular if the Customer is 60 days in arrears and the conditions of section 2.6 are met, culpably infringes the law or third-party rights, or uses the software for criminal purposes.

If the Customer deletes the Customer’s account, not only a single user, through the deletion function, that is also its termination. A paid plan then ends at the end of the current billing period, with no refund; towards consumers the consumer rules of this section apply. On that instruction the Provider deletes the content data immediately. The export period in the next paragraph then does not apply.

Until termination takes effect and for 30 days afterwards, the Customer can retrieve the content data through the software’s export functions. That export is the return under section 3.2. Statutory rights of data subjects, in particular under Articles 15 and 20 GDPR, remain unaffected. Individual preparation, restoration and migration beyond that export are provided only under a separate agreement and against payment for the effort.

Data the Customer needs beyond the term are exported by the Customer. The Provider owes no archiving beyond section 3.5.

2.9 AI features

AI features included in the plan or offered in the account carry out an operation the Customer starts, such as turning a voice input into a time entry, revising a text or a set-up proposal after registration. By invoking the feature the Customer instructs the Provider to process the content submitted for that purpose and, where required, to transmit it to a provider bound under section 3.2. An invocation by a user of the account is an instruction of the Customer. The Provider obliges that provider not to use the content to train its own models.

If the Customer names a website for a set-up proposal, the Provider retrieves its publicly accessible content once and transmits it for that proposal. The Customer warrants that it may name the website for that purpose. If the Customer switches on direct saving of AI suggestions, it waives review before saving. The review duty under section 2.1 then applies to the saved entries before the Customer uses them.

If the Customer uses automatic tracking, such as the desktop AI tracker that evaluates active programs and window titles, it is an AI feature under this section. If the Customer uses it for employees or other people, the Customer alone is responsible for ensuring that this is lawful, in particular under employee data protection and co-determination law, that the people concerned are informed and that exclusions and pauses of tracking are set up. Time entries and working times derived from it are suggestions under section 2.1. Section 5.3 applies.

The Provider may use the Customer’s content and corrections to suggestions to improve later suggestions for that Customer only. That data stays stored for the term and is deleted with the other content data. Other customers and general models do not receive it. This is not the model improvement the Customer releases separately.

The Provider does not use the Customer’s content to train, or have others train, general models. The only exception is the following setting.

If the Customer releases model improvement in the account, the Customer permits the Provider to use the inputs, outputs, corrections and ratings arising in connection with AI features to train and improve the Provider’s general models. This applies only to content of users who have agreed to it for their own inputs themselves. Each user gives that consent to the Provider personally; the Customer cannot give it on a user’s behalf. Release and consent are voluntary, not preselected and not a condition of the contract or of the AI features. The Customer may withdraw the release, and each user their consent, at any time with effect for the future. From withdrawal, the Provider does not use the affected content for further training of general models and deletes the affected stored training examples within 30 days unless a statutory duty requires otherwise. Weights already absorbed into a model cannot be removed. The Customer warrants that it is entitled to give the release where the content contains third-party data such as that of its clients, and indemnifies the Provider under section 5.3. Without model improvement switched on, the Provider stores the voice or text input of a single operation only for as long as performance, a short error analysis of that operation and statutory duties require, and in any case for no more than 90 days, and does not compile it into a general training set. Switched-on model improvement does not start that period for stored training examples; those are deleted within 30 days after withdrawal.

The Provider may use aggregated or irreversibly anonymised statistics and technical operations data that contain no content data to secure and develop the service.

2.10 Availability

No specific level of availability, and no uninterrupted provision, is owed. Announced maintenance of no more than twelve hours in a calendar month, if the Provider announces it at least 24 hours in advance, outages of public networks or power, outages of the Customer’s systems and force majeure are not a breach of duty. An outage of a hosting or infrastructure provider is an outage under this section. It does not give a right to terminate for cause or to a refund of fees already earned. If it lasts continuously for more than four weeks, section 2.2 applies to the core function. Towards businesses, damages claims concerning availability are governed only by section 5. A reduction under section 4 is limited to the pro-rata fee of the affected function for the duration of the outage. Towards consumers the statutory defect rights remain unaffected.

2.11 Trial features

Features marked in the account as trial or beta are provided to businesses in the version available at the time. No particular availability or freedom from defects is owed for them. Section 5 still applies. Towards consumers the statutory rules on digital products apply.

3. Data protection and security

3.1 Roles

Where the Provider decides the purposes and means, in particular for the account, the contract, the website, support, the referral programme and platform security, the Provider is controller. The same applies to content a private person stores only about themselves.

For content a business enters, in particular time entries, projects, client and employee data, files and inputs for an AI operation the business starts, the Customer is controller and the Provider is processor. The Customer informs the people concerned.

3.2 Processing on behalf of the Customer

Where the Provider is a processor, the parties conclude a contract in electronic form under Article 28 GDPR by accepting these terms. Its content is:

• Subject matter and duration: hosting and processing the content data to provide TimeTracker for the term and the deletion period in section 3.5.
• Nature and purpose: storing, displaying, evaluating inside the account, export, backup, support where the Customer requests it or troubleshooting requires it, and AI processing under section 2.9. Training general models is not included.
• Types of data: master data of users, time entries, projects, client and employee data, absences and approvals, files, address and location details of travel-time calculation, usage and presence data inside the account such as online status and activity log, access through the interface, where an AI feature is used, voice and text inputs together with the result and, with automatic tracking, program names, window titles, recognised screen text where enabled and information on input activity.
• Data subjects: the Customer, the Customer’s employees and other users, and contacts at the Customer’s clients.
• Instructions: these terms, the settings in the account and individual instructions in text form. The Provider processes the content data only on documented instructions. If the Provider considers an instruction unlawful, the Provider says so and may suspend performance until the Customer confirms or changes it. The Provider carries out instructions outside the agreed scope only if they are reasonable and the Customer pays the effort after prior notice. Assistance with the Customer’s statutory duties under this section is unaffected.
• Personnel: the Provider binds the people who process content data to confidentiality.
• Security: the Provider takes the technical and organisational measures that are appropriate under Article 32 GDPR. They include at least TLS encryption of the connection, access limited to a need-to-know basis, hashed passwords, a confidentiality obligation, binding subprocessors and regular backups kept in a separate location. The Provider may adapt further measures to the state of the art as long as the level of protection is maintained.
• Subprocessors: the Customer gives a general authorisation. The companies actually used are named in the privacy policy and on request. The Provider informs the Customer at least 30 days before a change, in text form or in the account. The Customer may object for an important data-protection reason. An objection without such a reason has no effect. A transfer that satisfies Article 45 or Article 46 GDPR is not such a reason on its own. If the service cannot reasonably be provided without that subprocessor and the parties do not agree, the Provider may terminate on 30 days’ notice. Subprocessors are bound at least to the extent set out in this section.
• Third countries: a transfer outside the European Economic Area takes place only under Article 45 or Article 46 GDPR.
• Data-subject rights and duties under Articles 32 to 36 GDPR: the Provider assists the Customer to a reasonable extent and in time for the Customer to meet statutory deadlines. Effort beyond ordinary assistance, or caused by an excessive access request, may be charged at cost after prior notice.
• Notification: the Provider informs the Customer without undue delay after becoming aware of a personal-data breach affecting content data. The notice contains the information the Customer needs for Articles 33 and 34 GDPR, to the extent the Provider has it.
• Return and deletion: until the end of the export period in section 2.8 the Customer may require return through the export functions. Afterwards the Provider deletes the content data under section 3.5. The Provider deletes earlier on instruction unless a statutory duty to store the data stands in the way.
• Evidence: the Provider provides the information the Customer needs to demonstrate compliance with Article 28 GDPR, including a current overview of the measures. An on-site audit is permitted at most once per contract year and once more after a breach notified under this section, on 30 days’ notice, during ordinary business hours and without disrupting operations, if the overview does not carry the proof. The audit covers only the processing for this Customer. There is no access to other customers’ data. The auditor must be bound to confidentiality and must not be a competitor of the Provider. The Customer bears the Customer’s own costs. The Customer bears the Provider’s reasonable costs unless the audit finds a material breach. Audits by a supervisory authority remain unaffected.

3.3 Confidentiality and reference

Each party keeps confidential the other party’s trade and business secrets that become known from the contract, and does not use them outside this contract. Statutory duties, subprocessors under section 3.2 and model improvement under section 2.9 remain unaffected. The Customer keeps confidential non-public information of the Provider on security, prices and technology that is marked confidential or whose confidentiality is obvious. These duties continue after the contract ends.

Towards businesses, the Provider may name the Customer with company name and logo as a reference until the Customer objects in text form. An objection is implemented within a reasonable time for future materials. The Provider does not name consumers as a reference unless they agree in text form.

3.4 Security

A specific number of backups, or complete restorability of every intermediate version, is not owed. Restoration from the last available backup is the primary remedy for a loss of data the Provider is responsible for. If the Customer is responsible for the loss, there is no claim to restoration. Further reconstruction is carried out only against payment for the effort and after a separate commitment.

3.5 Deletion

After the export period in section 2.8 ends, the Provider deletes the content data from production systems within a further 30 days. Backups are overwritten in the ordinary cycle. Data the Provider must keep as controller, in particular accounting records, remain stored for the statutory period. An access or erasure request does not extend this period unless the law requires retention of those particular data in order to answer it.

4. Defects

4.1 Cure towards businesses

Towards businesses, the Provider performs substantially as section 2.6 describes the plan. The Customer reports defects without undue delay through the support channel of the plan, or failing that to the address in the imprint. A late report excludes claims to the extent the Provider did not know of the defect and the delay increased the loss. If a business does not report the defect within 14 days after discovering it, the reduction is limited to the time after the report, unless the Provider knew of the defect. The Provider, at its choice, remedies the defect or performs the affected service again, within a reasonable time. If that fails, the Customer may reduce the fee of the affected function for the affected period appropriately or end the contract under section 2.8.

4.2 No further commitment

Towards businesses, the Provider does not owe that the software meets every expectation of the Customer, that every defect which does not impair the core function is fixed, or that AI output is correct, complete or fit for a particular purpose. Information outside this contract does not agree a quality.

4.3 Consumers

Towards consumers, sections 327 onwards of the German Civil Code apply. Sections 4.1 and 4.2 do not limit those rights. During provision the Provider supplies the updates needed to keep the digital product in conformity, including security updates, and informs the consumer about them. The Provider makes changes beyond that only where there is a valid reason, in particular a statutory duty, security, keeping the service running, or the loss of a third-party component that cannot be replaced at reasonable effort, the consumer incurs no extra cost, and the consumer is informed clearly.

5. Liability and indemnity

5.1 Liability

The Provider is liable without limit for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where the Provider has given a guarantee.

For slight negligence the Provider is liable only for breach of a material contractual duty, meaning a duty whose performance makes the contract possible in the first place and on which the Customer may regularly rely. Liability is limited to the damage typical of the contract and foreseeable when it was concluded.

For the time in which the Customer uses a free plan, the Provider is, by way of derogation from the previous paragraph, not liable for slight negligence, in line with the statutory standard for gratuitous provision (sections 521 and 599 of the German Civil Code). Unlimited liability under the first paragraph and liability for fraudulently concealed defects remain unaffected. A free trial period of a paid plan is not a free plan in this sense.

Towards businesses, this liability is capped at the fees the Customer paid in the twelve months before the event giving rise to the damage. If the Customer paid nothing in that period, liability is capped at 500 euro per event giving rise to the damage. A connected set of facts is one event. The cap applies once to that event. It is not multiplied by year, user, data subject or function. If the Customer paid nothing in those twelve months but paid a higher fee for the current billing period, that fee replaces the 500 euro. Lost profit, savings that did not arise, indirect damage and consequential damage are excluded for slight negligence.

For a loss of content data that the Provider is responsible for through slight negligence, compensation is limited to the effort of restoring the data from the last available backup that conformed to the contract.

Where the Provider’s liability is excluded or limited, the same applies to the personal liability of the partners, employees and vicarious agents. Mandatory liability remains unaffected. The limitation does not apply to a data subject’s own claims against the Provider under Article 82 GDPR. The Customer’s recourse and indemnity stay limited under this section. A claim against the partners does not go beyond the liability of the partnership.

The Provider is not liable for disruption the Provider is not responsible for, in particular misuse of credentials the Customer disclosed or passed on because a third party deceived the Customer, content the Customer itself made available to third parties, and force majeure.

5.2 Customer content

The Customer is solely responsible for the lawfulness of the content and files the Customer stores, including any rights in typefaces, images and personal data.

5.3 Indemnity

A business indemnifies the Provider against third-party claims arising because content data are unlawful, a legal basis or an authority to instruct is missing, third-party rights are infringed, or AI output is used towards third parties without review. The indemnity covers the reasonable cost of the legal defence. It does not apply to the extent the claim arises from a breach of duty by the Provider. The Provider does not acknowledge such claims without coordinating with the Customer, unless a deadline would otherwise be missed. If the Customer does not respond within the period stated in a notice that identifies the claim and sets a period of at least ten business days, the Provider may settle the claim. The settlement is covered by the indemnity to the extent this paragraph provides and the settlement is not obviously excessive. The Customer supports the Provider in the defence.

A consumer indemnifies the Provider only to the extent the consumer is responsible for the breach, and not to the extent the Provider caused the claim.

5.4 Suspension

If there is a reasonable suspicion that stored data are unlawful or infringe third-party rights, in particular because a court, an authority or a third party informs the Provider, the Provider may suspend the affected item of content. The Provider may suspend the account only if limiting the measure to the item is not enough. The Provider tells the Customer of the suspension and the reason without undue delay, unless that would jeopardise the investigation or a statutory duty stands in the way. The suspension is lifted once the suspicion is cleared. Fees that were due before the suspension remain payable. To the extent the Customer is responsible for the suspicion, they are not refunded because of the suspension. If the Customer is not responsible, the Customer may reduce the fee only for the suspended item and only for the duration of the suspension. That does not give a right to end the contract or to any further refund.

6. Referral programme

6.1 Participation

The Provider may operate a referral programme. Participation is voluntary. There is no right to participate. The Provider may refuse or end participation, in particular for a breach of section 6.5. If a new customer registers through the personal referral link and the referral code is transmitted as described in the privacy policy, that customer is attributed to the referring customer (the affiliate). What counts is the code on the registration. Without that transmission no claim arises.

6.2 Commission

If the referred customer takes out a paid subscription and the first payment is received, the affiliate receives a commission as credit on the terms displayed in the account when the affiliate joins. The commission becomes available only after the waiting period shown there and only if it has not been reversed or cancelled under section 6.4 or 6.5 by then. If texts on the website differ, the terms in the account apply. Figures on the website are non-binding examples. The Provider may change those terms for the future. Claims that have already arisen remain unaffected. No commission arises for free periods. The claim arises once per referred customer, including where the subscription is renewed, changed or concluded again. The same referred customer includes a person who uses the same payment instrument, the same household or the same economic beneficiary. Before a payout is confirmed under section 6.3, the credit is not a payment claim that is due. No interest accrues before that payout.

6.3 Payout

From a credit of 50 euro the affiliate may request a payout by SEPA transfer. The account holder, IBAN and BIC must be stored correctly. The account holder must be the affiliate; the Provider does not pay out to third-party accounts. The Provider reviews each request. The Provider may reject, pause or adjust it if there is a reasonable suspicion under section 6.5, the bank details are missing or wrong, a statutory duty stands in the way, or the commission is reversed under section 6.4. Otherwise the Provider pays it out, but to a business only once a proper invoice has been issued. The affiliate taxes the commission.

6.4 Reversal

If the referred customer’s subscription is cancelled or withdrawn, or the payment that triggered the commission is refunded in whole or in part, reversed, disputed with the payment provider or ultimately fails, the commission is charged back to the credit to that extent. That applies where the event occurs within 13 months after that payment, also after a payout. An ordinary termination after the paid period is not a cancellation in this sense. The credit may become negative and is set off against future commissions. Amounts already paid out must be repaid to that extent. A negative balance is payable within 14 days. Ending participation does not cancel the reversal. The Provider may set off. Open payouts may be paused or adjusted.

6.5 Abuse

In particular, self-referral through accounts the affiliate controls, fake accounts, spam, misleading advertising and any circumvention of the programme are prohibited. On reasonable suspicion the Provider may pause or reject payouts, cancel commissions and exclude the affiliate. The Provider states the reason unless legitimate interests of fraud prevention or statutory duties stand in the way. A pause is lifted once the suspicion is cleared. If the Provider does not state within 90 days that the suspicion continues and why, the pause ends unless a statutory duty blocks the payout. A confirmed breach is not affected by that period.

6.6 End of the programme

The Provider may change or end the programme for the future. Commissions that have already arisen and have not been reversed or cancelled under section 6.4 or 6.5 can be paid out under section 6.3.

7. Notices

Text form is sufficient for the Provider’s notices unless these terms require otherwise. Email is enough. Changes of address must be notified without undue delay.

Towards businesses, messages to the last address notified are deemed received two business days after sending if the Customer has not notified the change or wrongfully prevents receipt.

Towards consumers, the Provider meets its duty to notify by sending to the last address notified if the consumer has not notified the change. No further fiction of receipt applies.

8. No right of withdrawal

The Provider enters into contracts only with businesses (section 1.2). There is no right of withdrawal. That includes sole traders, freelancers and small traders. Terminating a running contract is governed by section 2.8. Mandatory rights of a consumer who has become a contracting party contrary to section 1.2 remain unaffected.

9. Final provisions

9.1 Set-off

The Customer may set off or exercise a right of retention if the counterclaim is undisputed or has been finally determined, or if it is reciprocal to the Provider’s claim. A merely alleged counterclaim does not affect when payment is due or whether the Customer is in default.

9.2 Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country in which a consumer is habitually resident remain unaffected. The language of the contract is German. If the German and English versions differ, the German version prevails.

9.3 Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court with subject-matter jurisdiction in Biberach an der Riß. For all other customers, in particular consumers and businesses who are not merchants, the statutory place of jurisdiction applies.

9.4 Dispute resolution

The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

9.5 Assignment

The Provider may assign this contract to an affiliated company or a successor that assumes the obligations. The Provider notifies that in text form. Towards a consumer the assignment takes effect at the notified time unless the consumer terminates as of that time in text form within four weeks of the notice. Fees already due remain payable. Towards businesses the assignment takes effect on notice. The Customer may assign the contract only with the Provider’s consent in text form.

9.6 Limitation

The Customer’s claims under this contract against the Provider become time-barred, towards businesses, twelve months after the Customer knows the circumstances giving rise to the claim and the identity of the debtor, and in any event three years after the end of the year in which the claim arose. These periods do not apply to intent, gross negligence, injury to life, body or health, the German Product Liability Act, or claims whose limitation cannot be shortened in advance. Towards consumers the statutory limitation applies.

9.7 Severability

If a provision of these terms is invalid, the remainder of the contract stays in effect. The statutory rule takes the place of the invalid provision.