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
[email protected]

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.

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 makes a binding offer to the business. The business confirms or declines the appointment; the obligation to perform follows the offer of the business.

Cancellation, rebooking, no-show fees and non-attendance are governed by the terms of the respective business. Terminz reflects these processes technically but is not involved as a contracting party.

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

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, 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 amend Part A with effect for the future where objectively necessary. Registered users will be informed of material changes in text form at least six weeks before they take effect. If the user does not object before the amendments take effect, they are deemed accepted; the notice will point out this right of objection and the meaning of remaining silent separately.

A.13 Right of Withdrawal

Any right of withdrawal for the booked service exists towards the respective business as the contracting party and is governed by its withdrawal policy. 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). No installation takes place at the business customer's premises. The software is operated on servers within the European Union.

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.

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.
• Komplett Kasse — €39 per month or €390 per year. Additionally includes the point-of-sale function, TSE, card payments, gift cards, tips and receipts, and DATEV export.
• Unternehmen — price by individual agreement. Additionally includes multiple locations, cross-location analytics and API access.

The Komplett plan can be tested free of charge for 30 days. If the contract is not terminated before the trial period expires, it converts into the selected paid plan. Komplett Kasse and Unternehmen have no trial period; they are chargeable from day one.

Promotional prices apply to the plan and the term stated in the respective offer — six or twelve billing months, depending on the campaign. The regular price of the booked plan applies thereafter. The details shown during checkout govern. Several promotional prices and discount codes cannot be combined with one another. The annual plan corresponds to ten monthly payments.

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. The right to extraordinary termination for good cause remains unaffected for both parties.

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.

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.

B.9 Card Payment Fee

A fee of 1.7% of the transaction amount plus €0.10 applies to each card payment processed through the point-of-sale function. It covers the payment service provider's costs and Bornwerk's own fee for providing the point-of-sale function. The fee is withheld directly at the time of the transaction; a fee-free period stated in the offer remains unaffected.

B.10 Hardware

Card readers and accessories can be obtained through Terminz. The BBPOS WisePad 3 costs €59 and is included in the Komplett Kasse plan at no extra charge; the Stripe Reader S700 costs €259. Prices are net plus VAT and shipping.

Devices may alternatively be rented; rental is billed as a recurring item via the subscription. Purchased devices become the property of the business customer upon full payment. Rented devices remain the property of Bornwerk and must be returned after the contract ends. Existing devices of the business customer can be integrated where technically supported.

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

In the Komplett Kasse plan, Bornwerk provides a certified technical security device (TSE) as a cloud service 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.

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

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 data processing agreement is concluded together with the contract and forms part of it. 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.

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. 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. Content published by the business customer and its data remain its property; it grants Bornwerk the rights of use necessary to perform the contract.

B.16 Liability

Bornwerk is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, 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, but at most to the fees paid in the twelve months preceding the damaging event. Liability for lost profits and indirect damages is excluded in cases of simple negligence. The business customer remains obliged to back up its data regularly using the export function provided.

B.17 Data Export and Deletion

The business customer may download its data at any time during the term of the contract using the export function. After the contract ends, the data remains retrievable for 90 days and is deleted thereafter, unless statutory retention obligations require otherwise. Bornwerk sends a reminder by email in good time before deletion. Tax-relevant records are subject to the statutory retention periods.

B.18 Changes to Terms and Prices

Bornwerk may change Part B and the prices with effect for future billing periods. Changes are communicated in text form at least six weeks before they take effect. If the business customer does not object before they take effect, they are deemed accepted; this right is pointed out separately in the notification. In the event of an objection, either party may terminate as of the effective date.

B.19 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.20 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.

Contact

If you have questions about these terms, contact us at [email protected].