Terms and Conditions

§ 1 Scope, Contracting Parties and Definitions

1.1 These General Terms and Conditions (GTC) govern the use of the web-based Software-as-a-Service application "ProfitPilot" (hereinafter "ProfitPilot", "Platform" or "Provider") by registered customers (hereinafter "Users"). ProfitPilot is operated by Christina Junkmann, Albert-Rosshaupter-Straße 25, 81369 Munich, as a sole trader and small business owner within the meaning of Section 19 of the German Value Added Tax Act (UStG).

1.2 ProfitPilot is a web-based SaaS application for profitability calculation, margin calculation, job costing and the performance of profitability analyses for projects and clients of freelancers, agencies and other service providers. The application can be used as a browser app and is optimised for mobile use.

1.3 These General Terms and Conditions apply to all contracts, including future ones, concerning the use of ProfitPilot, whether free of charge or for a fee, including any additional functions, unless expressly agreed otherwise in individual cases.

1.4 ProfitPilot is aimed in particular at freelancers, agencies and service providers. Users are therefore entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The Provider does not enter into contracts with consumers.

1.5 These Terms and Conditions apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of the user shall not form part of the contract, even if the Provider does not expressly object to them or provides services without reservation. Deviating agreements require express confirmation in writing to be valid.

1.6 "Freemium version" refers to the free use of ProfitPilot with limited functionality or usage quotas. "Premium version" refers to paid use within the framework of a subscription or a permanent premium activation. "Lifetime" access is a separate product purchased for a one-off payment.

1.7 Individual agreements made between the parties shall take precedence over these Terms and Conditions insofar as they deviate from them and have been agreed in writing.

1.8 In all other respects, these Terms and Conditions apply in addition to the essential terms of the contract set out in the ordering process (tariff, term, price, scope of services)

§ 2 Subject matter of the contract and description of services

2.1 The subject matter of the contract is the provision of ProfitPilot as a web-based Software-as-a-Service offering for use via an internet browser. The software is not required to be installed on the user's system.

2.2 In particular, ProfitPilot enables:

• the entry and management of turnover data, project data, staff and hourly rates, as well as other cost parameters,
• assignment to customers, projects and orders (including customer and project names),
• the calculation of margins, target prices and project or order profitability based on the parameters entered,
• analyses of the profitability of individual orders, customers or projects.

2.3 The exact functionality, product description and benefits of ProfitPilot are further set out in the current service description on the Provider's website. This description, illustrations, demo screenshots or sample calculations are for illustrative purposes only and do not constitute a guarantee of quality unless expressly designated as 'guaranteed' or 'assured'.

2.4 The Provider is obliged to provide ProfitPilot with the core functions described in the offer or on the website at the time the contract is concluded; a specific economic success (e.g. securing certain profit margins, achieving defined turnover or prices) is not guaranteed.

2.5 The Provider makes the server and system environment required for the operation of ProfitPilot available via third-party providers (cloud/hosting providers). The User has no entitlement to the provision of a specific system or server configuration.

2.6 The Provider shall provide its services exclusively within the scope of its technical and operational capabilities. There is no entitlement to the use of ProfitPilot at all times and without any interruptions.

2.7 The use of ProfitPilot requires a current, standard browser version, a stable internet connection and a suitable device. These requirements are the responsibility of the user. The recommended minimum technical requirements are published on the Provider's website or within the application and may be adapted to technical progress. The Provider is not obliged to ensure the compatibility of ProfitPilot with outdated operating systems or browser versions that are no longer supported by the manufacturer. Restrictions on usability arising from this or from disruptions to the internet connection for which the user is responsible do not constitute a defect in the Provider's services.

§ 3 Registration, User Account and Account Security

3.1 Use of ProfitPilot requires the creation of a user account. This necessitates registration via the Provider's website. Registration is available exclusively to business users within the meaning of Section 14 of the German Civil Code (BGB). The Provider may, if necessary, request appropriate evidence, such as a VAT number or company details. If the user falsely claims to be an entrepreneur, the Provider is entitled to block the user account or terminate the contract with immediate effect.

3.2 The user is obliged to provide truthful, up-to-date and complete information upon registration and to keep this information up-to-date throughout the period of use.

3.3 Access to the user account is granted via personalised login details (e.g. email address and password). The user is obliged to keep their login details confidential and to protect them against unauthorised access. The disclosure of login details to third parties is prohibited, with the exception of clauses 12.5 and 12.6.

3.4 If the user discovers or suspects that their login details have become known to unauthorised third parties, they must notify the provider immediately and change their password without delay.

§ 4 Service models

4.1 Following registration, the user may initially test ProfitPilot as part of a free freemium version. The specific scope of freemium usage is set out in the current service description provided during the order/registration process and on the Provider's website.

4.2 Once the quota provided for in the freemium model has been exceeded, access to further functions or data sets is restricted by a paywall. To continue using the extended features, the user must take out a paid subscription (Premium subscription or 'Lifetime' access).

4.3 Depending on the current product design, the Provider offers the following paid models in particular:

• monthly subscriptions with recurring payments ("Premium subscription"),
• permanent Premium activations granted via discount/voucher codes in accordance with Sections 7 and 9,
• "Lifetime" access, available for a one-off payment in accordance with Section 7.

4.4 The specific scope of services for the versions (Freemium/Premium) is set out in the current service description during the ordering process and on the Provider's website. The Provider is entitled to adjust the scope of services in accordance with Section 10.

4.5 The Freemium version does not give rise to any entitlement to the conclusion of a paid contract. Nor is there any entitlement to certain Freemium features being available free of charge on a permanent basis.

4.6 All service models are available only to businesses within the scope of their commercial or self-employed professional activities.

§ 5 Conclusion of contract for paid tariffs

5.1 The contract for a paid Premium tariff (monthly subscription) or a paid "Lifetime" access, as well as for permanent premium activations granted on a case-by-case basis, is concluded when the user selects the desired tariff/product type within their existing user account, checks the order details and completes the ordering process by clicking the appropriately labelled button ("order with payment" or similar).

5.2 Before submitting their contractual declaration, the user is shown the key terms of the contract (plan, term, price, payment method, scope of services) in an order summary. The user may correct any input errors before submitting the order.

5.3 The provider shall confirm receipt of the order immediately by email. This confirmation shall set out the terms of the contract once again. The confirmation also constitutes acceptance of the contract offer, unless expressly stated otherwise. The contract is concluded at the latest upon activation of access to the services. If payment is made directly via a payment service provider (e.g. Stripe), the contract is concluded as soon as the payment transaction is successfully completed.

5.4 There is no right of withdrawal, as the contract is concluded exclusively with businesses.

§ 6 Term, renewal and termination of subscriptions

6.1 The monthly subscription is concluded for an indefinite period with a monthly billing cycle. The minimum term is one month.

6.2 The subscription may be terminated by either party at any time in writing with effect from the end of the current billing period. The date of receipt of the notice of termination shall be decisive.

6.3 If no notice of termination is given, the subscription is automatically extended for a further billing period (monthly).

6.4 The right to terminate the contract for cause remains unaffected. A valid reason exists in particular if

• the user is in arrears with the payment of due amounts despite a reminder and a grace period of at least 14 days,
• the user repeatedly or seriously breaches these Terms and Conditions,
• the user misuses ProfitPilot or jeopardises the security of the platform.

6.5 Terminations may be effected via the functions provided on the platform, by email or in any other written form.

§ 7 Permanent Premium activations and 'Lifetime' access; term limits and discontinuation of the service

7.1 The Provider may grant the User permanent Premium access on the basis of discount/voucher codes. There is no entitlement to such access.

7.2 "Lifetime" access is a paid product that entitles the user to use the current version of ProfitPilot within the agreed scope of services for the duration of the platform's existence and operation by the Provider. "Lifetime" does not refer to an unlimited provision in a technical sense, but rather to the usual lifespan and product life of the platform.

7.3 The Provider is entitled to cease the operation of ProfitPilot entirely if there is an objective reason for doing so (e.g. economic unfeasibility, technical or legal impossibility, cessation of business). Notice of such cessation must be given in writing with at least six months' notice.

7.4 The Provider is entitled to revoke the permanent Premium activation or to terminate the user relationship regarding "Lifetime" access for good cause in the event of breaches of these Terms and Conditions or in the event of misuse.

7.5 The Provider is entitled to adjust functions and the scope of services in accordance with §11. Insofar as such adjustments do not render the service substantially unusable, there is no entitlement to rescission or a reduction in price.

7.6 The fee for "Lifetime" access is payable in advance as a one-off amount (Section 8). No (pro-rata) refund shall be made provided that the service has been maintained until the notified termination date in accordance with this provision.

§ 8 Prices, payment terms and payment processing

8.1 The current prices for Premium subscriptions and permanent Premium activations are set out in the relevant price list during the ordering process. These are final prices. As the small business scheme under Section 19 of the German Value Added Tax Act (UStG) applies, no VAT is shown.

8.2 Subscription fees are payable in advance for the relevant billing period, no later than the last working day of the preceding month. The price for 'Lifetime' access is payable in full in advance.

8.3 Payment processing is handled by the payment service provider Stripe. Stripe's Terms of Service also apply and will be brought to the user's attention during the payment process.

8.4 By selecting a payment method offered by Stripe, the user authorises Stripe and the provider to collect the amounts due via the selected payment method. If the collection is unsuccessful, the user is obliged to settle the outstanding amounts immediately by other means. Invoices are made available to the user in electronic form in the user account or by email. In the event of failed direct debits, the Provider may attempt to collect the payment again and – after giving notice – may request alternative means of payment.

8.5 If the user falls into arrears with payments, either in full or in part, the Provider is entitled to

• temporarily suspend the user account or individual services,
• to charge interest on arrears at the statutory rate as well as any legally permissible flat-rate charges,
• terminate the contractual relationship for good cause after setting a prior deadline.

8.6 In the event of a justified chargeback or a loss of payment for reasons within the user's control, the user must reimburse the provider for the verifiable costs incurred as a result.

§ 9 Discount codes and vouchers

9.1 The Provider may make discount codes or vouchers available to the User. Unless otherwise stated, these are non-transferable, non-transferable and cannot be exchanged for cash. Discount codes may be time-limited or redeemable only once per User. Combining multiple codes is only permitted, provided this is expressly permitted in individual cases. Discount codes and vouchers do not entitle the user to purchase 'lifetime' access – a permanent premium activation in accordance with clause 7.1 may be granted in individual cases without this being affected.

9.2 A permanent premium activation may be granted on the basis of certain codes. The Provider is entitled to block codes in the event of misuse, circumvention of technical protection measures or unauthorised use.

9.3 Discount codes affect the invoice amount shown during the payment process via Stripe. In the event of suspected misuse, the Provider is entitled to cancel the redemption and to issue a supplementary invoice.

§ 10 Technical availability, maintenance, updates and maintenance windows

10.1 The Provider generally makes ProfitPilot available 24 hours a day, 7 days a week. It endeavours to achieve a high level of availability on an annual average, but a specific availability percentage is not guaranteed.

10.2 To ensure functionality, security and that the software is up to date, the Provider is entitled to carry out maintenance work. Where possible, scheduled maintenance windows will be arranged so that usage is only minimally affected.

10.3 During maintenance windows, ProfitPilot may be temporarily unavailable or only available to a limited extent. Maintenance windows do not constitute downtime for the purposes of liability.

10.4 The Provider is entitled to carry out updates, upgrades and other changes to the technical infrastructure and the software (e.g. for bug fixes, security improvements, adaptation to new system environments). Any resulting short-term functional impairments do not give rise to any claims by the User, provided they remain within reasonable limits.

10.5 Disruptions to availability attributable to events beyond the Provider's control (in particular, data centre outages, network disruptions, failures of cloud/infrastructure service providers or Stripe) shall not give rise to liability, provided the Provider is not responsible for the disruption.

§ 11 Changes to services, functional adjustments and discontinuation of services

11.1 The Provider is entitled to continuously develop ProfitPilot and adapt its range of functions, provided that

• this does not result in the cessation of the Provider's essential main obligations towards the User and
• the changes are reasonable for the user.

11.2 Reasonable changes include, in particular:

• the addition of new functions,
• modification of the user interface,
• modification or replacement of technical components,
• the removal or modification of individual ancillary functions, provided that a comparable benefit is maintained in another way.

11.3 The Provider shall inform the User in good time, in writing or within the application, of any significant changes that have a noticeable impact on use.

11.4 If, in exceptional cases, a change results in the permanent removal of a contractually agreed main function, the user shall have the right, in the case of a current subscription, to terminate the contract extraordinarily at the time the change takes effect. For permanent premium activations and 'lifetime' access, §7 (in particular clause 7.3) shall apply in addition.

11.5 The Provider may make functions available to the User on a temporary basis as beta or test functions. Such functions are labelled as 'Beta', 'Test' or similar.

11.6 Beta features may contain errors and may only be available on a limited basis. They are provided without any assurance of a specific quality and without any guarantee of trouble-free operation.

11.7 The Provider is entitled to restrict or discontinue beta features at any time. The use of beta features does not give rise to any entitlement to the permanent provision of specific functionalities.

§ 12 User obligations and responsibility

12.1 The user is solely responsible for all data, parameters and content entered by them (turnover, costs, hourly rates, project data, customer names, etc.). The provider does not check these entries for accuracy, completeness or plausibility.

12.2 Calculations, margins, target prices and profitability analyses depend significantly on the data entered by the user. The user is obliged to check the results on their own responsibility and, before using them in business transactions, to verify their plausibility and compliance with legal requirements (in particular tax, commercial and consumer protection regulations).

12.3 The user must ensure that the use of ProfitPilot and the decisions made on the basis of the results comply with the applicable legal requirements (e.g. price indications, tax obligations, VAT, application of the small business scheme, labour law requirements regarding hourly rates).

12.4 The user is obliged to regularly create their own backup copies of the data they have entered and of exports (e.g. tables, CSV files, PDFs), insofar as this is possible using the functions provided. ProfitPilot is not an archiving system in the legal sense.

12.5 The User is entitled to allow ProfitPilot to be used by their employees or other persons acting on their behalf (e.g. freelancers), provided that such persons are authorised within the scope of the User account or associated sub-accounts.

12.6 The User shall ensure that all users of the account comply with these Terms and Conditions. The User shall be liable for the acts and omissions of the persons employed by them in the same way as for their own conduct.

12.7 Granting access to the account to third parties outside the user's sphere of responsibility (e.g. external service providers not bound by contract) requires the provider's prior consent, unless access to the account is for purely technical purposes (e.g. IT service providers for support purposes).

12.8 The user is prohibited from using ProfitPilot in any way that is likely to compromise the security, integrity or availability of the platform. This includes, in particular:

• attempting to gain unauthorised access to the Provider's systems,
• the mass automated retrieval of data (e.g. using bots, crawlers or similar technologies) that goes beyond the scope of contractual use,
• stress testing without the Provider's prior consent.

12.9 To the extent permitted by law, the user is also prohibited from decompiling, reverse engineering or reconstructing the source code of ProfitPilot, unless such an action is expressly permitted by law and is strictly necessary to achieve interoperability. In this case, the user is obliged to inform the Provider in advance and give the Provider the opportunity to achieve interoperability by other means.

§ 13 User Content, Transfer of Rights and Prohibited Content

13.1 Within the scope of ProfitPilot, the user may upload and store project-related information, documents, notes or other data (e.g. quotation or calculation documents).

13.2 The user grants the provider a simple, non-exclusive, geographically unrestricted right of use to this content, limited to the duration of the user relationship, insofar as this is necessary for storage, display, processing, backup and technical provision within the framework of ProfitPilot.

13.3 The user warrants that they hold all necessary rights to the content they have uploaded and that the use of this content in ProfitPilot does not infringe any third-party rights (e.g. copyright, trademark or personality rights).

13.4 It is prohibited to store or distribute illegal, criminal or otherwise impermissible content via ProfitPilot. This includes, in particular:

• Content that infringes the copyright, trademark, personality rights or other intellectual property rights of third parties,
• Content of a criminal, seditious, extremist or offensive nature,
• Content of a pornographic or harmful nature to minors.

13.5 Where there are concrete indications of unlawful content, the Provider is entitled to take measures in accordance with Section 17.

13.6 The user indemnifies the Provider against all claims asserted against the Provider by third parties on the grounds of infringement of their rights through content posted by the user or due to any other unlawful use of ProfitPilot for which the user is responsible. The indemnity also covers the reasonable costs of legal defence.

13.7 Where personal data is processed on behalf of a client within the meaning of Article 28 of the GDPR, the Data Processing Agreement (DPA) provided on our website, in its current version, shall apply in addition.

§ 14 API, calendar and third-party integrations

14.1 ProfitPilot may optionally enable the user to connect to third-party services (e.g. calendar services, cloud storage or project management tools). The nature and scope of the integrations supported in each case are set out in the service description on the Provider's website.

14.2 Where a calendar integration is used, ProfitPilot's access is limited to the "free/busy" status. Content, descriptions or specific appointments are not retrieved. The Provider processes only those calendar data necessary for displaying availability within the tool.

14.3 The use of API/third-party integrations requires the user to grant the necessary authorisations (e.g. OAuth access to the calendar service). The user may revoke these authorisations at any time directly with the relevant third-party provider. In this case, the corresponding integration can no longer be used.

14.4 The respective third-party provider is solely responsible for the availability and functionality of the connected third-party services. Disruptions, outages or changes to the API may impair the use of the integrations without giving rise to any claims against the Provider, provided that the Provider is not responsible for the disruption.

14.5 The Provider accepts no liability for synchronisation errors, data loss or malfunctions attributable to disruptions or changes to third-party APIs or systems, provided that the Provider is not responsible for them. The User remains obliged to independently check and back up their data relevant to business transactions.

§ 15 No tax, legal or business advice; no guarantee of success

15.1 ProfitPilot is a calculation and analysis tool that supports the user in particular in determining margins, target prices, project profitability and key financial indicators. The Provider does not provide tax, legal or business advice.

15.2 The calculations, information and analyses provided by ProfitPilot are based exclusively on the data entered and general parameters and do not constitute binding tax or legal advice.

15.3 In particular, the provider does not guarantee that

• the tax treatment (e.g. VAT, small business scheme, income) is accurately reflected,
• the calculations comply with the current tax, commercial or consumer protection regulations,
• certain profits, turnover, hourly rates or market prices will be achieved.

15.4 The user is obliged, where necessary, to seek independent tax or legal advice from authorised professionals (e.g. tax advisers, solicitors) and to use the results from ProfitPilot solely as an aid in their decision-making.

§ 16 Liability, limitation of liability and third-party provider/cloud dependencies

16.1 The Provider shall be liable without limitation for damages resulting from injury to life, limb or health arising from an intentional or negligent breach of duty by the Provider, its legal representatives or vicarious agents.

16.2 For other damages, the Provider shall be liable without limitation in cases of intent and gross negligence.

16.3 In the event of a breach of essential contractual obligations (cardinal obligations) due to simple negligence, the Provider's liability is limited to foreseeable damage typical for this type of contract. Cardinal obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the User may regularly rely.

16.4 Liability is excluded in the event of a breach of non-essential contractual obligations due to simple negligence.

16.5 The Provider shall not be liable for disruptions, failures or reductions in performance arising from circumstances beyond its control, in particular:

• Outages, disruptions or reduced performance on the part of hosting/cloud providers,
• outages or faults affecting internet connections, network operators or the user's end devices,
• malfunctions or outages of the payment service provider Stripe.

16.6 Where the Provider's liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

16.7 Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

§ 17 Support, error/bug reports and feedback

17.1 The Provider provides a means of contact (in particular a contact form or email address) for enquiries regarding the use of ProfitPilot, for reporting faults and for other queries; the nature and scope of the support provided are set out in the current description on the Provider's website.

17.2 An individual support contract with guaranteed response or resolution times (Service Level Agreements) is not provided. The Provider shall endeavour to investigate reported faults during normal business hours (Monday to Friday, 9 am to 5 pm, excluding public holidays at the Provider's registered office) within a reasonable period of time and – within the limits of its technical and organisational capabilities – to rectify them.

17.3 The Provider shall endeavour to analyse reported errors (bugs) within a reasonable time and, at its own discretion, to rectify them or circumvent them using suitable workarounds. However, there is no entitlement to the rectification of every single error, provided that the core functionality of ProfitPilot is not significantly impaired.

17.4 In the event of error reports, the user is obliged to describe the malfunction that has occurred as specifically as possible (in particular the affected function, a description of the error message, the time of occurrence and – where reasonable – the provision of screenshots or log extracts) in order to enable an efficient analysis. The User shall inform the Provider, upon request, of any changes to their own system environment that may be the cause of the fault (e.g. browser plug-ins, local security tools).

17.5 If the user submits suggestions, ideas, recommendations for improvement or other feedback to the Provider regarding the functionality or further development of ProfitPilot ("Feedback"), they grant the Provider a simple, geographically and temporally unlimited, transferable and sub-licensable right of use thereto. The Provider is entitled to use the Feedback for any purpose, in particular for the further development and improvement of ProfitPilot, without the user being entitled to any remuneration for this.

§ 18 Suspension, restriction and deletion of user accounts

18.1 The Provider is entitled to temporarily suspend user accounts or restrict the use of certain functions if the user is in arrears with payments or there is a suspicion of misuse.

18.2 Where there are concrete indications of unlawful content, the Provider is entitled to block or delete such content without prior notice and to suspend the user account in whole or in part. Statutory reporting obligations remain unaffected.

18.3 The Provider is also entitled to temporarily suspend or permanently deactivate user accounts if there are concrete indications of misuse of the account, security risks, significant breaches of these Terms and Conditions, or other unauthorised use.

18.4 The user's legitimate interests will be taken into account appropriately in this regard. The user will generally be informed of the suspension in advance or immediately afterwards. Prior to a suspension, the user will – where possible – be given a reasonable period of time to comment or remedy the situation. Immediate suspension without prior notice is permissible if this is necessary for security reasons or to prevent imminent damage.

§ 19 Termination of contract, account deletion and data backup

19.1 The user relationship begins upon the user's registration and continues for an indefinite period, unless terminated by notice of termination or deletion of the account.

19.2 The user may have their user account deleted at any time in writing or via the functions provided within the platform, provided that there are no ongoing paid subscriptions preventing this or statutory retention periods preventing immediate deletion.

19.3 Upon termination of the user relationship, the Provider is entitled to delete the user account and the personal data stored therein after a period of 30 days, provided that no statutory retention obligations prevent this. The specific timeframes are set out in the Privacy Policy.

19.4 The user is obliged to back up their data, exports and other content stored in ProfitPilot on their own responsibility prior to the termination of the contractual relationship. There is no entitlement to subsequent data export after the account has been deleted.

§ 20 Rights of set-off and retention, assignment

20.1 The user may only set off claims against the provider against undisputed or legally established counterclaims. The user is only authorised to exercise a right of retention if their counterclaim is based on the same contractual relationship.

20.2 The assignment of the User's claims against the Provider is only permissible with the Provider's prior written consent. Section 354a of the German Commercial Code (HGB) remains unaffected.

§ 21 Force majeure and other impediments to performance

21.1 Force majeure within the meaning of these General Terms and Conditions refers to events that are beyond the Provider's control, were unforeseeable at the time the contract was concluded, and whose effects could not have been prevented even with reasonable care. These include, in particular:

• natural disasters,
• pandemics and measures ordered by the authorities,
• war, acts of terrorism, civil unrest,
• widespread power or infrastructure failures,
• long-term outages of data centres or cloud infrastructures,
• other comparable events for which the Provider is not responsible.

21.2 In the event of force majeure, the Provider shall be released from its obligation to perform for the duration of the impediment. Deadlines and dates shall be extended by the duration of the event plus a reasonable restart period.

21.3 If the disruption continues uninterrupted for more than 60 days, both parties are entitled to terminate the contractual relationship for good cause with effect for the future.

§ 22 Amendment of the Terms and Conditions

22.1 The Provider is entitled to amend these Terms and Conditions for ongoing contracts of continuous performance (in particular subscriptions and "lifetime" access) for objective reasons with effect for the future, in particular in the event of:

• changes in legislation or case law,
• regulatory requirements,
• changes to technical conditions,
• expansion, modification or restriction of services.

22.2 Planned changes shall be notified to the user in writing at least four weeks before they come into effect, together with a comparison of the old and new provisions. The notification shall specifically draw attention to the right to object and the consequences of remaining silent.

22.3 If the user does not object to the changes in writing within two weeks of receiving the notification, the changes shall be deemed to have been accepted. However, silence shall only constitute consent with regard to ancillary provisions – the main obligations (nature and scope of the service, remuneration) shall not be altered to the user's disadvantage by an amendment to the General Terms and Conditions without the user being granted a special right of termination.

22.4 If the user objects within the specified period, the contractual relationship shall continue under the previous terms and conditions. In this case, the Provider is entitled to terminate the contractual relationship with one month's notice to the end of the month, provided there are no compelling reasons to the contrary.

§ 23 Final Provisions

23.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

23.2 If the user is a trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be the provider's registered office. However, the provider is also entitled to bring legal proceedings against the user at the user's general place of jurisdiction.

23.3 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision that most closely approximates the economic purpose of the invalid provision shall be deemed to have been agreed. The same applies to any gaps in the provisions.

23.4 These Terms and Conditions may be made available in several languages for information purposes. The German version shall be the sole authoritative and legally binding version.

Version of the GTC: 05.06.2026