Terms and Conditions

These terms consist of two parts. Part A applies to end users who book an appointment with a business through Terminz. Part B applies to business customers who subscribe to Terminz as software for their business. Only the part covering your use is relevant. The German version is authoritative.

Part A — Terms of Use for End Users

Part A applies to people booking an appointment with a connected business through Terminz. Use of the platform is free of charge for end users.

A.1 Scope and Provider

The Terminz platform is provided by:
Bornwerk UG (haftungsbeschränkt)
Märkische Straße 193
44141 Dortmund
Deutschland
Amtsgericht Dortmund, HRB 38509
contact@terminz.com

A.2 Subject of the Service

Terminz provides an online platform through which users can view and book available appointments with registered businesses. The scope of features may evolve over time.

Terminz only facilitates the appointment booking. The contract for the booked service is concluded solely between the user and the respective business. Bornwerk is not a party to that contract, does not owe the booked service and is not liable for its performance.

A.3 Registration and User Account

A user account may be created for booking; booking as a guest is also possible. Sign-in via a third-party provider such as Google is supported. The information provided must be accurate and login credentials must be kept confidential. There is no entitlement to registration.

The user account exists with Bornwerk and not with any single business. You can use it to book appointments at every business reachable through Terminz. If a business ends its contract with Bornwerk, your user account remains.

Terminz keeps one profile per person holding their contact details and account information. Bornwerk manages it for you and passes details from it on only where you release them; you decide which business sees what. A business you are not yet a customer of can find you only by your complete email address or phone number, and only if you registered or booked yourself. It then sees your name only in shortened form. You can switch off being findable at any time under “Privacy” in your user account. What a business records about you — notes, your appointment and visit history there, revenue and customer groups — stays with that business alone; no other business sees it, and none can see which other businesses you have appointments with. Your own appointment overview lists only businesses where you actually had an appointment.

Your release decides which details from your profile a business sees. It applies to the company with all its locations. If you book or register with a business yourself, you release your name, email address and phone number to it; your date of birth and address only if you tick them explicitly. If a business instead attaches you to your existing profile, Terminz asks you by email whether you release it. Until you confirm, the business sees only your first name with the first letter of your last name and the details it recorded itself. With “That wasn’t me” you decline the attachment. You can revoke any release at any time under “Privacy” in your user account; afterwards the business sees the shortened form again.

If you delete your user account, Bornwerk deletes your profile, your login details, your bonus points and your reviews immediately; upcoming appointments are cancelled. The customer file a business keeps about you is not deleted at once but locked: past appointments remain there without an account and only with the name the business knew, and notes and health details stay locked for the business until 31 December of the third year after the year of the last appointment, for businesses in the health sector the tenth year. Receipts and invoices remain unchanged as long as the law requires their retention. After that the details are deleted. If you also work in a team with the same access, Bornwerk deletes only your customer profile.

By creating a user account you confirm these terms of use and the privacy policy. If you do not agree with them in whole or in part, the user account cannot be used.

Persons under 18 need the consent of their parents or guardians to register and to book.

A.4 Conclusion of the Usage Agreement

The usage agreement for the platform is concluded upon registration or with the first booking.

A.5 Booking of Appointments

By submitting a booking, the user reserves an appointment with the business. The reservation is free of charge and creates no payment obligation; the contract for the service and its payment are only concluded at the business. The business confirms or declines the appointment.

A reserved appointment can be cancelled or rescheduled through the link in the booking confirmation up to the deadline the business sets; after that, the business asks for a phone call. No cancellation fees are charged through Terminz.

A.6 User Obligations

The user undertakes not to misuse the platform. The following is prohibited in particular:

• providing false data or booking on behalf of third parties without their consent
• repeatedly booking without attending the appointments or other disruptive behaviour
• automated scraping of data and interference with the technical infrastructure
• using the platform for unlawful purposes

Reviews must be based on the reviewer's own experience with the business reviewed. Insulting, untrue or otherwise unlawful content is not permitted, nor are reviews given in return for a benefit without this being apparent.

Bornwerk accepts notices of unlawful content, including reviews, through the “Report content” function on every business page or by email to contact@terminz.com. If Bornwerk removes or blocks content or restricts a user account, it tells the person concerned why, as far as their contact details are known. Businesses can choose to have reviews checked before they are published.

A.7 Costs

Using the platform to book appointments is free of charge for end users. The prices of the respective business apply to the booked service.

A.8 Availability

Terminz strives for high availability but does not owe uninterrupted accessibility. Maintenance, faults or circumstances beyond its control may lead to temporary restrictions.

A.9 Liability

Bornwerk is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, where a guarantee has been given, and under the German Product Liability Act.

In cases of simple negligence, Bornwerk is liable only for the breach of a material contractual obligation and limited to the foreseeable damage typical for the contract. No liability is assumed for services rendered by the businesses.

A.10 Data Protection

Details on the processing of personal data can be found in our privacy policy.

A.11 Term and Termination

The usage agreement runs for an indefinite period and may be terminated by either party at any time without notice. The user may delete their account at any time. Bornwerk may block or terminate the account in the event of breaches of these terms.

A.12 Changes to These Terms

Bornwerk may change Part A with effect for the future where there is an objective reason to do so, for example a change in the law, a supreme court ruling or a change to the service offering. Registered users are informed of the change in text form at least six weeks before it takes effect. The amended terms apply only if the user agrees to them; silence does not constitute agreement. If the user does not agree, either party may end the usage agreement at any time and without notice in accordance with A.11. Changes that are exclusively to the user's benefit, or that are required to implement mandatory statutory requirements, do not require separate agreement.

A.13 Right of Withdrawal

Reserving an appointment through Terminz is not a paid contract and therefore creates no right of withdrawal. Free use of the platform does not create any payment obligation for the user.

A.14 Dispute Resolution

The European Commission no longer provides a platform for online dispute resolution. Bornwerk is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

A.15 Final Provisions

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 state in which the user has their habitual residence remain unaffected. If any provision is invalid, the validity of the remaining provisions remains unaffected.

Part B — Terms and Conditions for Business Customers

Part B applies to businesses subscribing to Terminz as software. All prices in Part B are net and exclude statutory VAT.

B.1 Scope and Entrepreneur Status

Part B governs the provision of the Terminz software to business customers. A business customer is anyone who, at the time of conclusion of the contract, acts in the exercise of a commercial or independent professional activity (§ 14 BGB). Deviating terms of the business customer do not become part of the contract, even if they are not expressly objected to.

B.2 Subject Matter and Scope of Service

Bornwerk provides the business customer with the Terminz software for use over the internet for the duration of the contract (software as a service). The software is operated on servers within the European Union. The scope of service includes the app “Terminz Terminal”, which Bornwerk provides free of charge through Apple's App Store and through Google Play; the features available in it depend on the subscribed plan. To run the app, the business customer provides a suitable iPad with a supported version of iPadOS or an Android tablet with a supported Android version.

Bornwerk alone is the contracting party for the app. Apple is not a party to this contract and owes no performance, maintenance or support for the app under it. In the relationship between Bornwerk and the business customer these terms take precedence; for the licence granted through the App Store, Apple's Licensed Application End User License Agreement applies in addition. For the app obtained through Google Play, the Google Play Terms of Service apply in addition; Google is not a party to this contract either.

The scope of features depends on the subscribed plan. Bornwerk continuously develops the software and may add or replace features as long as the contractually owed core benefit is retained.

The software is designed for the business customer's ordinary operations. Features without a quantity limit, such as the number of staff accounts, are subject to use that does not impair the operation of the platform for other business customers. Bornwerk may limit automated access, storage and sending volumes to a reasonable extent and informs the business customer before any permanent limit.

B.3 Conclusion of Contract and Registration

The contract is concluded upon completion of registration and its confirmation by Bornwerk. The contracting party is the legal entity named during registration. Where the business customer operates several legal entities, a separate contract is concluded for each. The business customer ensures that the company and billing data provided are accurate and complete.

B.4 Plans and Trial Period

The following plans are available:

• Komplett — €39 per month or €390 per year. Includes online appointment booking, customer management, team and time tracking, website builder and analytics, plus the point-of-sale function with card payments, tips, receipts and DATEV export. The point-of-sale function is available to locations in Germany only. The plan does not cover the TSE it needs there; that is booked per location as the “TSE Module” add-on under B.4b.
• Unternehmen — price by individual agreement. Everything in Komplett, plus multiple locations, cross-location analytics and API access.

Prices apply per location. If the business customer operates several locations under the same legal entity, each additional location is billed on top. If a location is created during a running billing period, its fee is charged pro rata for the remaining period.

A one-off fee of €199 applies for setting up the account. On request, set-up includes transferring services, staff members and appointments from the previous system, provided the business customer gives Bornwerk an export that contains this information in readable form. No customer accounts are created in the process (B.12). For contracts concluded on or before 31.12.2026 this fee is waived; it is shown on the first invoice and credited in full. The number of staff members created has no effect on the fee.

The Komplett plan can be tested free of charge for 30 days, including the point-of-sale function. Add-ons under B.4a and B.4b are not part of the trial period and follow their own terms. If the contract is not terminated before the trial period expires, it converts into the selected paid plan. Unternehmen has no trial period; it is chargeable from day one unless the selected offer includes a fee-free period.

Promotional prices apply to the plan and the term stated in the respective offer. After that, the regular price of the booked plan applies. The details shown during the order process are decisive. Promotional prices and discount codes cannot be combined; B.4a applies to discount codes for the “Custom Domain” add-on. Promotional prices and discount codes of the plan do not apply to the add-ons. The annual plan costs less than twelve monthly payments; the annual price stated in B.4 for the booked plan is decisive.

B.4a “Custom Domain” Add-on

(1) With the “Custom Domain” add-on, Bornwerk connects a domain of the business customer, such as www.example.de, to the website of a location and provides a certificate for encrypted transmission. The domain itself is not part of the service: Bornwerk does not register, renew or manage domains. Registration, renewal and DNS settings remain with the business customer and its domain provider; email mailboxes and other services under the domain are not affected. Bornwerk uses Cloudflare for the connection and public certificate authorities such as Let’s Encrypt for the certificates; B.14 applies accordingly. The certificate authorities enter every certificate in public Certificate Transparency logs, which makes the domain name publicly visible.

(2) The add-on is offered in limited numbers only. There is no entitlement to book it; if no place is available, the dashboard shows this. The add-on can be booked per location and only together with a running plan, and only by a person authorised to represent the business customer. The contract for the add-on is concluded by clicking “Book” in the dashboard, or by clicking “Book and pay” where a fee is due with the booking; Bornwerk confirms the booking by email without undue delay.

(3) The add-on is currently included in the plan; no monthly fee is charged. If Bornwerk wants to introduce a monthly fee for an add-on already booked, Bornwerk announces this in text form at least three months in advance. The add-on then continues only if the business customer agrees in the dashboard to continue at the announced fee; otherwise it ends at the announced date, and paragraph 5 sentence 2 and paragraph 6 sentence 3 apply accordingly. An agreed monthly fee runs as a separate subscription alongside the plan and is collected monthly in advance through the payment method stored for the plan, even if the plan is billed annually. The business customer sets up the DNS records itself as stated in the dashboard; no separate fee is charged for this. If it chooses setup by Bornwerk when booking or orders it later in the dashboard, a one-time Custom Domain setup fee of €79 is charged, due on booking or order; Bornwerk invoices it separately, collects it through the payment method stored for the plan and sets up the records at the business customer's domain provider, to the extent the business customer reasonably cooperates. If the business customer books the add-on again while the domain is still connected or forwarded under paragraph 6, no setup fee is charged. A discount code for the add-on can reduce or waive the setup fee; it applies only to the add-on and, notwithstanding B.4, can be combined with promotional prices of the plan. If a fee for the add-on remains unpaid despite a payment reminder, the add-on ends; paragraph 6 sentence 3 applies accordingly.

(4) The business customer warrants that it is entitled to use the domain and that its use does not infringe the rights of third parties, in particular trade mark or name rights. It keeps the DNS records in place as stated in the dashboard, including where Bornwerk set them up under paragraph 3. If a third party asserts claims against Bornwerk because of the domain, the business customer indemnifies Bornwerk against justified claims, including the reasonable costs of legal defence, to the extent it is responsible for the infringement.

(5) If the connection is not established within 30 days of booking for reasons for which the business customer is not responsible, it may terminate the add-on with immediate effect; Bornwerk then refunds the setup fee and the monthly fees paid for the add-on. If Bornwerk terminates the add-on or the contract by ordinary notice, or discontinues the add-on, before twelve months have passed since the booking, Bornwerk refunds the setup fee pro rata for each full month remaining until the end of those twelve months. Otherwise the setup fee is not refunded.

(6) The business customer may cancel the add-on in the dashboard at any time with effect from the end of the add-on’s current billing month, regardless of the term of the plan. The add-on ends without separate notice when the contract for the plan ends. After the add-on ends, Bornwerk keeps the connection for another 30 days free of charge so that the business customer can change its DNS records, then forwards requests to the domain to the location's page on terminz.com for 90 days free of charge, and releases the domain afterwards. Bornwerk informs the business customer of the start of the forwarding by email in advance; the business customer may end the forwarding in the dashboard at any time. During the 30 days the domain shows the website to the extent that it is still published under the contract for the plan.

(7) Notwithstanding paragraph 6, Bornwerk may end the connection or the forwarding immediately if unlawful content is distributed via the domain or the platform is attacked, if the business customer is no longer entitled to use the domain, or if the add-on is terminated for good cause. A suspension under B.7 leaves the connection in place.

(8) The add-on is booked in the dashboard: the business customer selects the add-on for a location, chooses who sets up the domain, checks the prices, billing and any voucher code in the booking window and books by clicking “Book” or, where a fee is due with the booking, “Book and pay”. A later setup by Bornwerk is ordered in the order window by clicking “Order and pay”; the contract for it is concluded with that click. Until the respective click, input errors can be spotted and corrected in the window, or the process can be cancelled without consequences. Bornwerk stores the version of these terms in force at the time of booking or order with it and names it in the confirmation email; every version remains retrievable and storable as a PDF on terminz.com. The contract language is German. Bornwerk has not submitted to any code of conduct.

B.4b “TSE Module” Add-on

(1) With the TSE Module, Bornwerk sets up a dedicated certified technical security device (TSE) as a cloud service from fiskaly for a location in Germany and connects it to the point-of-sale function; B.11 and B.14 apply. Each location needs its own module. Without a running module and a set-up TSE, the location's point-of-sale function does not accept payments. Setup begins on booking; until the TSE is ready, the dashboard shows “Being set up”.

(2) The add-on can be booked only for locations in Germany, only together with a running plan and only through the business customer's owner account. The add-on relies on the service of an external provider with limited capacity and is offered only while capacity is available; there is no entitlement to book it. If no capacity is available, the dashboard shows “Sold out” and no fee is charged. As long as Bornwerk does not offer the add-on, the dashboard shows “Bookable soon”. If the dashboard shows “Sold out” or “Bookable soon” for a location in Germany and the business customer therefore cannot use the point-of-sale function of that location, it may cancel the plan for that location at any time with effect from the end of the current billing month. Bornwerk refunds fees paid in advance for the time after the contract ends pro rata for each full month. In the booking window the business customer checks the price and billing and books by clicking “Book and pay”; the contract for the add-on is concluded with that click. Until then, input errors can be spotted and corrected, or the process can be cancelled without consequences. Bornwerk confirms the booking by email without undue delay; B.4a paragraph 8 sentences 4 to 6 apply accordingly.

(3) The add-on costs, per location, the monthly fee shown in the dashboard before booking. It runs as a separate subscription alongside the plan, starts on booking, including during a trial period of the plan, and is billed monthly in advance from the booking day, even if the plan is billed annually. Bornwerk invoices the add-on separately and collects it through the payment method stored for the plan. The monthly fee includes the net amount the provider charges Bornwerk per TSE set up and month. If the provider changes that amount, the add-on's monthly fee changes by the same amount in euros, without a profit margin, for an increase as for a reduction; the other components of the monthly fee remain unchanged. An adjustment applies only for the future. Bornwerk notifies it in text form at least six weeks before it takes effect and states the provider's previous and new fee in euros. Bornwerk passes on a reduction from the time it takes effect for Bornwerk. The business customer can cancel the add-on until an increase takes effect, with effect from that date. B.19 does not apply to changes of the add-on's fee.

(4) The business customer can cancel the add-on in the dashboard at any time with effect from the end of the add-on's current billing month and can withdraw the cancellation until then. The add-on ends without separate notice when the contract for the plan ends. It also ends if a monthly fee remains unpaid 14 days after the failed collection despite a payment reminder. When the add-on ends, the location's point-of-sale function no longer accepts payments; receipts, cash book and exports remain retrievable. 30 days after the end, Bornwerk takes the TSE out of service. Beforehand, Bornwerk automatically creates an export of the data stored on the TSE (TAR), makes it available for download in the dashboard and points this out by email; the TSE is taken out of service only after the export has been created. The export remains retrievable in the dashboard for at least 90 days from being made available and is then deleted there; the archive copy under B.18 is not affected. If the business customer books the add-on again within the 30 days, the location continues signing with the same TSE for as long as the provider supplies it.

(5) The obligations under § 146a AO and the Cash Register Anti-Tampering Ordinance rest with the business customer (B.11). In particular, it registers the till with the TSE with the tax office under § 146a(4) AO and reports its decommissioning within one month; Bornwerk points this out by email but does not make the report. It downloads the TSE export (TAR) itself in the dashboard under paragraph 4 and retains it under § 147 AO; the archive copy under B.18 does not replace this retention.

(6) The add-on relies on services of an external provider. If the provider's service lapses in whole or in part, the TSE loses its certification, or the provider changes its terms or capacity limits so that Bornwerk can no longer offer the add-on on reasonable terms, Bornwerk may suspend the booking of further add-ons and discontinue the add-on. The discontinuation takes effect on three months' notice to the end of a calendar month; if the service lapses without such lead time, at the earliest time at which Bornwerk can still provide it under the provider's terms. Price changes by the provider take effect only under paragraph 3. Bornwerk notifies the discontinuation without undue delay in text form and makes the export under paragraph 4 available as far as the provider allows it. Bornwerk refunds fees paid in advance for periods after the discontinuation; no fee is charged for such periods. The business customer may cancel the plan for the location with the discontinuation, applying paragraph 2 accordingly. The obligation to keep operating the till in compliance with the law after the TSE lapses rests with the business customer.

B.5 Prices, VAT and Payment

Billing is handled by the payment service provider Stripe. The fee for the respective billing period is due in advance and is collected via the stored payment method. Invoices are provided electronically.

All stated prices are net and subject to statutory VAT.

B.6 Term and Termination

The contract runs for an indefinite period. It renews automatically for the selected billing period of one month or one year unless terminated.

The business customer may terminate at any time via the customer portal in the dashboard. Termination takes effect at the end of the current billing period; fees already paid for the current period are not refunded pro rata unless B.6a provides otherwise. The right to extraordinary termination for good cause remains unaffected for both parties.

Bornwerk may terminate the contract with three months' notice to the end of a calendar month in text form. If the contract thereby ends before the end of a prepaid billing period, Bornwerk refunds the fee attributable to the time after that pro rata.

Bornwerk may discontinue individual plans or features with three months' notice. If the discontinuation affects the core benefit of the subscribed plan, the business customer may terminate the contract as of the date of discontinuation; prepaid fees for the time after that are refunded pro rata.

B.6a Switching providers and early termination

The business customer may at any time request, with two months' notice in text form, to switch to another provider or to its own systems, or to have its exportable data erased (Art. 23 et seq. Regulation (EU) 2023/2854, Data Act). After the notice period, a transition period of at most 30 days follows during which the software remains usable and Bornwerk supports the switch to a reasonable extent. The data then remains retrievable under B.18 for at least 30 days. The contract ends when the switch has been completed successfully; if the business customer only requests erasure, it ends when the notice period expires. Bornwerk charges no fee for the switch.

If a contract with annual billing ends this way before the paid period expires, Bornwerk refunds the annual fee paid less the regular monthly price of the subscribed plan for each month begun until the contract ends. If this leaves no credit, nothing is refunded and nothing further is charged. No other fee applies for the early termination.

B.7 Payment Default

If collection of the fee fails, payment is retried according to the payment service provider's rules. If it ultimately fails, Bornwerk may suspend access to the software after prior notice until the outstanding amount is settled. Further statutory claims remain unaffected.

The business customer may only set off undisputed or legally established claims and may only assert a right of retention on the basis of claims arising from this contractual relationship.

B.8 Card Payments and Payment Service Provider

To accept card payments on site, the business customer needs its own account with the payment service provider Stripe, which is opened during setup. End-customer payments flow directly into that account; Bornwerk never becomes the holder of those funds.

The terms of Stripe additionally apply to the payment account. Activation, identity verification and payouts are handled solely by Stripe. Bornwerk has no influence on Stripe's decisions. Bornwerk is liable for disruptions in the processing, settlement and payout of card payments only where they result from a breach of duty by Bornwerk.

Chargebacks and the payment service provider's related fees arising from the business customer's card payments are borne by the business customer. Because Bornwerk acts as the platform vis-à-vis Stripe, Stripe may collect such amounts, and any negative balance of the payment account, from Bornwerk; the business customer reimburses Bornwerk these amounts within 14 days of receiving a statement in text form. Handling the chargeback with the end customer, in particular submitting evidence to the payment service provider, is the business customer's responsibility.

B.9 Card Payment Fee

For each card payment processed through a card reader provided by Bornwerk and the payment service provider integrated by Bornwerk, a total of 1.7% of the transaction amount plus €0.10 applies to cards issued in the European Economic Area. Of this, 1.4% plus €0.10 goes to the payment service provider, which withholds it directly from the business customer's payment account, and 0.3% goes to Bornwerk as its fee for providing the point-of-sale function. For cards issued outside the European Economic Area the payment service provider charges a higher rate; Bornwerk's fee is unchanged. Both amounts are withheld at the time of the transaction; a fee-free period stated in the offer applies to Bornwerk's fee only. If a card payment is refunded, Bornwerk refunds its fee pro rata; the payment service provider does not refund its own fee. Card payments that the business customer accepts on its own card terminal and merely records in the point-of-sale function (B.11) incur no fee from Bornwerk.

B.10 Hardware

Card readers are not sold by Bornwerk. The business customer orders them directly from Stripe out of the Terminz dashboard; Stripe is the seller, invoices the business customer, ships the device and carries warranty, guarantee and returns. Stripe's terms apply exclusively in this respect. Bornwerk is neither seller nor distributor of the devices and owes no delivery; Bornwerk's service is limited to registering a device in the business customer's Stripe account. Existing devices of your own can be connected as far as they are technically supported.

B.11 Point-of-Sale Function, TSE and Tax Obligations

With the TSE Module (B.4b), Bornwerk provides a certified technical security device (TSE) as a cloud service for a location in Germany in order to technically meet the requirements of the German Cash Register Anti-Tampering Ordinance.

Compliance with the tax obligations of the business remains the responsibility of the business customer. This includes proper cash management under the GoBD, reporting the electronic recording system to the tax office, and retaining the records. Bornwerk owes the technical provision, not tax advice.

If the business customer accepts a card payment on its own card terminal or through its own payment service provider, it records the payment in the point-of-sale function as a card payment; with the TSE Module it is signed there like any other till transaction. Bornwerk is not involved in this payment: Bornwerk processes neither card data nor payment flows, is not a contracting party of the terminal provider or the payment service provider, and charges no fee under B.9 for it. The business customer alone, in its relationship with its provider, is responsible for the operation, availability, settlement and payout of that terminal and for the terminal's own records.

The business customer confirms such a payment in the point-of-sale function only once its terminal has accepted it, and regularly reconciles the recorded card payments with its provider's statements. It records a refund in the point-of-sale function and carries it out on its own terminal. Bornwerk is not liable for discrepancies between the records of the point-of-sale function and those of the terminal that result from incorrect recording.

B.11a Reports, exports and documents

The software's reports, exports and documents, in particular the DATEV export and the TSE export (TAR), financial, payroll, commission and time reports, and invoices, are based on the data and settings that the business customer and its staff enter or adopt, such as services, prices, tax rates, account assignments, working hours and pay rules. Bornwerk owes their technically proper processing into the format described in each case, not the substantive accuracy of these entries and not their assessment under tax, commercial or employment law.

The business customer checks reports, exports and documents before using them, in particular before passing them on to its tax advisor, the tax office, payroll accounting or customers, and agrees the account assignment and chart of accounts with its tax advisor. The software does not replace tax, legal or payroll advice. Features marked as beta are still being tested; Bornwerk may change or discontinue them at any time.

B.12 Obligations of the Business Customer

The business customer is responsible for the content it publishes and for handling its end-customer data. It undertakes in particular:

• to keep services, prices and opening hours accurate and up to date
• to keep credentials confidential and to assign staff accounts with appropriate permissions
• not to publish unlawful content and to respect the rights of third parties
• to obtain, before publication, the consent of every recognisable person in a photo, for minors additionally that of their legal guardians, and to be able to prove it
• to comply with advertising law, in particular Section 11 of the German Medicinal Products Advertising Act (HWG) for before-and-after images

If Bornwerk receives a sufficiently substantiated notice that content published by the business customer is unlawful, Bornwerk may provisionally block or remove it and will inform the business customer without delay, stating the reasons. The business customer indemnifies Bornwerk against third-party claims resulting from a breach of the obligations in this clause for which the business customer is responsible, including reasonable costs of legal defence.

The business customer collects its end customers' data itself and ensures that there is a legal basis for doing so and that the individuals concerned have been informed under Art. 13 GDPR. Customer accounts are not created from customer lists or exports; end customers enter their own data via the registration link or when booking. When an appointment book is transferred, the name of an end customer without a customer account is stored only on the appointment concerned.

The business customer attaches a person to a customer relationship only if it actually knows that person, and respects the decision of a person who declines the attachment or revokes a release. After a decline it does not create or attach the person again unless the person books with it themselves.

Templates for the imprint, privacy policy and terms that the software provides are samples without review of the individual case. The business customer checks and completes them before publishing; they are not legal advice.

B.12a Notices, moderation and point of contact

Bornwerk stores the content that business customers and end users publish as a hosting service within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). Bornwerk accepts notices of unlawful content through the “Report content” function on every business page or by email to contact@terminz.com; a person decides on them, not an automated process. If Bornwerk blocks or removes content or restricts an account, the person concerned receives a statement of reasons setting out the facts, the legal basis and the available means of redress.

The business customer withholds reviews only because of unlawful content or a breach of Part A, never because of a low rating. It does not publish or solicit reviews that are not based on an actual visit.

The single point of contact for authorities, the European Commission and users under Art. 11 and 12 DSA is contact@terminz.com. Enquiries are answered in German and English.

B.13 Data Protection and Data Processing Agreement

Where Bornwerk processes personal data of end customers on behalf of the business customer, the business customer is the controller and Bornwerk is the processor pursuant to Art. 28 GDPR. The governing terms are set out in the data processing agreement published as an annex to these terms, which becomes part of the contract when the contract is concluded: Data Processing Agreement (DPA).

Bornwerk's own data processing is governed by the privacy policy.

B.14 Availability, Maintenance and Support

Bornwerk strives for high availability of the software. No specific level of availability is owed unless expressly agreed in writing. Maintenance is carried out outside usual business hours where possible. Support is provided in German by email.

Individual features rely on services provided by third parties, in particular payment processing and card readers (Stripe), the technical security device (fiskaly), the connection of custom domains (Cloudflare), email delivery and map display. If such a provider discontinues its service, ends its contract with Bornwerk or changes its terms so that the feature can no longer be offered on reasonable terms, Bornwerk may replace the feature with an equivalent solution or discontinue it with reasonable notice. If this affects the core benefit of the subscribed plan, B.6 applies accordingly to the discontinuation of features.

Neither party is liable for non-performance to the extent it results from circumstances beyond its control, such as natural events, official orders, industrial action at third parties, widespread network or power outages, or attacks on the infrastructure that could not be repelled despite the measures described in Annex 2 to the data processing agreement. If such a circumstance lasts longer than 30 days, either party may terminate the contract for cause.

B.15 Rights of Use

For the term of the contract, the business customer receives a simple, non-transferable right to use the software in its own business. This right includes installing the app on the devices the business customer uses in its business and ends with the contract. All rights to the software, the trademarks and the platform content remain with Bornwerk. Passing on to third parties, reproduction or modification are not permitted without consent. The business customer retains its rights in the content and data it enters; it grants Bornwerk the rights of use necessary to perform the contract. This establishes no rights in the user accounts of end users; B.16 applies to those.

Bornwerk may name the business customer, with its name and logo, as a reference on its own website and in presentations. The business customer may object to this at any time in text form.

Bornwerk may use technical usage and operating data of the software, such as how often features are opened, load times and error rates, in aggregated form without personal reference and without any inference about the business customer, to improve the software and for statistical analysis.

B.16 End user accounts

End users enter into their own usage contract with Bornwerk under Part A of these terms. The user account exists independently of the business customer’s contract and is not part of the service provided to it. Bornwerk keeps a profile with the contact details of each person and is itself responsible for it. The business customer sees from it only what the person has released to it; until the release it sees the shortened name and the details it recorded about the person itself (“own details”). This is part of the scope of the service and not a defect. The business customer can find a person only by their complete email address or phone number, and only if the person registered or booked themselves and is findable. If a person declines the attachment, Bornwerk detaches it and provides the business customer with a handover file containing the industry details that arise. The details the business customer collects or adds itself — in particular notes, the appointment and visit history in its business, revenue, customer groups and industry profiles — form its customer file; Bornwerk processes them solely on its behalf under Art. 28 GDPR and does not make them accessible to other business customers; nor is it visible at which other businesses a person has appointments. This creates no right of the business customer in the person’s profile or user account.

B.17 Liability

Bornwerk is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, where a guarantee has been given, and under the German Product Liability Act.

In cases of simple negligence, Bornwerk is liable only for the breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the business customer may regularly rely (material contractual obligation), and only for the damage that was foreseeable and typical for the contract when it was concluded. Liability for simple negligence is otherwise excluded. These limitations also apply to the personal liability of Bornwerk's officers, employees and vicarious agents.

Bornwerk's no-fault liability for defects that already existed when the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded.

For the loss of data that the business customer can back up through the software's exports, Bornwerk is liable in cases of simple negligence only for the effort that would have been required to restore it had it been backed up regularly. The business customer backs up this data, in particular the DATEV export and the TSE export (TAR), at reasonable intervals.

During a free trial period, notwithstanding the preceding paragraphs, Bornwerk is liable only for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, under a guarantee and under the German Product Liability Act.

The business customer's claims for damages become time-barred one year after the statutory limitation period begins. This does not apply to claims based on intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, a guarantee or the German Product Liability Act.

B.18 Data Export and Deletion

The business customer can download its till and accounting data itself at any time via the software's DATEV export and TSE export (TAR), including after the contract ends until deletion. All other data it has entered or that was created on its behalf, in particular customer, appointment, service, resource and staff data, is provided by Bornwerk on request in text form within 14 days as an Excel file (XLSX). After the contract ends, read access to these exports remains; Bornwerk keeps all data for 90 days, or, where it has made a TSE export available under B.4b paragraph 4, until the end of that export's retrieval period, continues to provide the remaining data on request during that time and then deletes it, except for the archive copy under the following paragraph. Bornwerk sends the business customer an email reminder before deletion.

Retaining till, receipt and invoice data under § 147 AO and § 257 HGB is the business customer's responsibility; it exports this data before the retrieval period ends. Independently of this, Bornwerk keeps a tamper-locked copy of each location's till closings, TSE exports and till and accounting records (archive copy), retains it until ten years after the end of the last calendar year it covers and deletes it afterwards. The archive copy does not replace the business customer's own retention. After the contract ends, Bornwerk provides it to the business customer on request in text form within 14 days; if the business customer asks for its deletion at the same time, Bornwerk deletes it once provided. Beyond that, Bornwerk is not obliged to keep data available or to hand it over in formats other than those stated. Records Bornwerk must retain itself, such as its own invoices to the business customer, remain unaffected.

If a person deletes their user account, Bornwerk locks the business customer’s customer file on that person instead of deleting it at once, and the business customer instructs Bornwerk to do so now. Names on appointments and notes, industry and health details stay locked until 31 December of the third year after the year of the last appointment, visit or receipt at that business, for businesses in the health sector the tenth year; Bornwerk then deletes them. Bornwerk cancels the person’s upcoming appointments without an email to them and informs the business customer by email and in the dashboard. Only the owner of the business can view a locked file, and only to defend claims or to meet a documentation duty; the owner can delete it before the period ends. The export of customer data under this clause contains a person’s contact details only to the extent they are released to the business customer, together with the details it recorded itself.

B.19 Changes to Terms and Prices

Bornwerk may change Part B with effect for future billing periods where there is an objective reason to do so, for example a change in law or case law, changed requirements of the service providers used or a further development of the software, provided the balance between service and fee is not shifted to the business customer's disadvantage. Changes to the main services, the fees, the term and termination, or liability, and changes that impose new obligations on the business customer, are not covered; they take effect only if the business customer expressly agrees to them in the dashboard. Changes under sentence 1 are notified in text form at least six weeks before they take effect; the notification states the reason and separately points out the right to object and the meaning of silence. If the business customer does not object before the changes take effect, they are deemed accepted. In the event of an objection, the business customer may terminate the contract as of the effective date; Bornwerk may terminate it on three months' notice under B.6, and the previous terms continue to apply until then. Prices are not changed this way, only under the following paragraph; B.4b paragraph 3 applies to the fee of the TSE Module.

Bornwerk may adjust the fees, except the fee of the TSE module, at its reasonable discretion no earlier than twelve months after the contract is concluded and thereafter at most once every twelve months, but at most to the extent that the index of average gross monthly earnings of full-time employees in information technology service activities (economic division 62) published by the Federal Statistical Office, or an index replacing it, has changed between the value last published when the contract was concluded or the fees were last adjusted and the value last published at the time of the notification. The adjustment is notified in text form at least three months before it takes effect, states both index values and applies only from the billing period that begins after it takes effect. The business customer may terminate the contract as of the effective date. If the index falls, Bornwerk lowers the fees in the same proportion, regardless of whether twelve months have passed since the last adjustment.

B.20 No Right of Withdrawal

There is no right of withdrawal. The statutory right of withdrawal for distance contracts applies only to consumers (§ 312g BGB); business customers act as entrepreneurs pursuant to § 14 BGB.

B.21 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Dortmund, provided the business customer is a merchant, a legal entity under public law or a special fund under public law. Amendments and additions require text form. If any provision is invalid, the validity of the remaining provisions remains unaffected.

Bornwerk may transfer the contract, including the data processing agreement, to an affiliated company (§ 15 AktG) or to an acquirer taking over all or substantially all of the Terminz business. The business customer is notified of the transfer in text form at least six weeks in advance, naming the transferee. Until the transfer takes effect, the business customer may terminate the contract as of that date; prepaid fees for the time after that are refunded pro rata.

Contact

If you have questions about these terms, contact us at contact@terminz.com.