Terms and Conditions (T&C) of Bnder UG (haftungsbeschränkt)
1. Introduction
These General Terms and Conditions (GTC) govern the use of the project management software provided by Bnder UG (haftungsbeschränkt) (hereinafter referred to as the “Provider”). The software is provided via Discord bots and a web app. Bnder UG (haftungsbeschränkt) can be reached at the following address: Im Flath 12, 38542 Leiferde, Germany. Contact via email at: contact@bnder.net.
2. Description of Services
The Provider offers a project management software that is based on Discord. Through Discord bots and a web app, users can organize and manage their projects. Additionally, the Provider offers so-called Premium Seats, which allow users to access extended functionalities on a specific Discord server.
- Premium Seat: A Premium Seat is a paid license that grants a user the right to use the extended functionalities of the software on a specific Discord server.
- Extended Functionalities: Extended functionalities are additional software features that are only available to users with a Premium Seat. These may include special integrations, additional project management tools, advanced reports, or similar exclusive features.
3. Subscription Model and Usage Rights
3.1 Subscription Model
The user can subscribe to the software, which is billed monthly. Within this subscription, Premium Seats can be purchased, enabling individual users to access extended functionalities on a specific Discord server through the Discord bots and the web app. If a user wishes to use premium functionalities on multiple Discord servers, they must purchase a separate Premium Seat for each server. The number of seats can be adjusted by the user at any time.
3.2 License Grant
Upon subscribing, the user receives a non-exclusive, non-transferable license to use the software for the duration of the subscription.
3.3 Usage Restrictions
The user may only use the software for the contractually agreed purposes. Any misuse, such as copying, distributing, or modifying the software, is prohibited.
4. Payment Terms
4.1 Payment Methods
Payments are processed through the payment provider Stripe. The user accepts the terms of use and privacy policies of Stripe.
4.2 Due Date
The monthly subscription fee is due in advance. If the number of seats is increased, the corresponding amount will be prorated for the remaining period of the current month.
4.3 Payment Default
In the event of payment default, the Provider is entitled to suspend access to the software until full payment is received.
5. Support and Maintenance
5.1 Support
The Provider offers support via email (contact@bnder.net), phone (+49 511 45032009), and Discord (https://bnder.net/discord). There is no entitlement to 24/7 support.
5.2 Availability
The Provider does not guarantee availability of the software but endeavors to achieve an availability of at least 99.9% on an annual average. Planned maintenance that may result in temporary unavailability will be announced via the Provider’s Discord server.
6. Termination and End of Contract
6.1 Ordinary Termination
The subscription can be canceled at any time without giving reasons, effective at the end of the current monthly billing period. Access to the software will end when the billing period expires.
6.2 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular, repeated breaches of essential provisions of these GTC by the user or payment default.
6.3 Consequences of Termination
After the end of the subscription, the user will no longer have access to the extended functionalities associated with a Premium Seat. It is the user’s responsibility to back up all necessary data before terminating the subscription.
7. Data Protection and Data Security
7.1 Data Protection
The Provider stores and processes users’ personal data exclusively within the European Union in accordance with the General Data Protection Regulation (GDPR). The full privacy policy is available at https://bnder.net/privacy.
7.2 Data Processing by Third Parties
Payment processing is carried out via Stripe. The storage and processing of the data required for payment processing are subject to Stripe’s privacy policies, which may involve data processing outside the EU.
7.3 Ownership of Data
The user retains ownership of all data they enter into the software. The Provider has the right to use this data solely for the purpose of providing the contracted services. Upon termination of the contract, the Provider will delete the data at the user’s request, provided no legal retention obligations conflict.
8. Liability and Warranty
8.1 Limitation of Liability
The Provider is only liable for damages caused by intentional or grossly negligent conduct. In cases of gross negligence, liability is limited to typically foreseeable damage. Liability for indirect damages, lost profits, or data loss is excluded unless it involves a breach of essential contractual obligations (cardinal obligations).
8.2 Warranty
The Provider warrants that the software will function substantially as described. However, there is no warranty for any specific availability or performance of the software, except for the availability described in Section 5.2.
9. Changes to the GTC
The Provider reserves the right to amend these GTC. Changes will be communicated to the user at least 30 days before they take effect, either via email or through the Discord server. The user has the right to object to the changes. If the user does not object within 30 days after receiving the notice of the changes, the changes will be deemed accepted.
10. Final Provisions
10.1 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these GTC is Gifhorn, provided the user is a merchant.
10.3 Severability Clause
If any provision of these GTC is invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
10.4 Assignment of Contract
The Provider is entitled to transfer rights and obligations under this contract to third parties, provided this does not unreasonably disadvantage the user. The user will be informed of such a transfer in a timely manner and has the right to terminate the contract extraordinarily in this case.
