Terms and Conditions (T&C) of Bnder UG (limited liability)
1. Introduction
These General Terms and Conditions (T&C) govern the use of the project management software provided by Bnder UG (limited liability) (hereinafter “Provider”). The software is provided via Discord bots and a web app. Bnder UG (limited liability) can be reached at the following address: Im Flath 12, 38542 Leiferde, Germany. Contact by email: contact@bnder.net.
A “User” within the meaning of these T&C is any natural or legal person who creates a user account or uses the software – regardless of whether a paid subscription exists.
2. Description of Services
The Provider offers a project management software based on Discord. Through Discord bots and a web app, users can organize and manage their projects. In addition, the Provider offers so-called Pro Seats, which allow users to access extended functionalities on a specific Discord server.
- Pro Seat A Pro Seat is a paid license that grants a user the right to use extended functionalities of the software on a specific Discord server.
- Extended Functionalities Extended functionalities are additional software features available only to users with a Pro 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 may subscribe to the software, billed either monthly or annually. The subscription automatically renews for the chosen billing period (monthly or annually), unless terminated in due time (see section 6.1).
Within this subscription, Pro Seats can be purchased, allowing individual users to access extended functionalities on a specific Discord server via the Discord bots and the web app. If a user wishes to use Pro functionalities on multiple Discord servers, a separate Pro Seat must be purchased for each server. The number of seats can be changed at any time by the user. In case of an increase, the additional fee is calculated on a pro-rata basis for the remaining billing period.
3.2 License Grant
Upon conclusion of the subscription, the user is granted a non-exclusive, non-transferable license to use the software for the duration of the subscription.
3.3 Usage Restrictions
The software may only be used for the contractually agreed purposes. Any misuse, such as duplication, distribution, or modification of the software, is prohibited.
4. Payment Terms
4.1 Payment Methods
Payments are processed via the payment provider Stripe. The user accepts the terms of service and privacy policies of Stripe.
4.2 Due Date
The subscription fee is due in advance – for monthly billing on the same calendar day of each following month on which the subscription was originally concluded (e.g., subscription on January 17 → next payment due February 17), for annual billing on the same calendar day of the following year. If the recurring billing date falls on a non-existent day in a given month (e.g., February 31), billing will take place on the last calendar day of that month.
If the number of seats is increased during an ongoing billing period, the corresponding amount will be calculated pro-rata for the remaining time until the next billing date. A reduction in the number of seats takes effect at the beginning of the next billing period.
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.
4.4 Price Changes
The Provider reserves the right to adjust the prices for subscriptions or Pro Seats. Price changes will be communicated to the user at least 30 days in advance by email or via the Discord server. The user has the right to terminate the subscription before the price change takes effect. If no termination occurs, the price change is deemed accepted.
5. Support and Maintenance
5.1 Support
The Provider offers support via email (contact@bnder.net), telephone (+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 strives to achieve 99.9% availability on an annual average. Planned maintenance, which may result in temporary unavailability, will be announced via the Provider’s Discord server.
6. Termination and Cancellation
6.1 Ordinary Termination
The subscription may be terminated at any time without stating reasons, effective at the end of the current monthly billing period. After termination, access to the software ends at the expiration of the billing period. Termination must occur at least one day before the end of the current billing period to avoid automatic renewal.
6.2 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the user repeatedly violates essential provisions of these T&C or defaults on payment.
6.3 Consequences of Termination
After termination of the subscription, the user no longer has access to extended functionalities associated with a Pro Seat. It is the user’s responsibility to back up all required data prior to termination.
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 handled by Stripe. The storage and processing of data required for payment processing are subject to Stripe’s privacy policy, which may involve processing outside the EU.
7.3 Data Ownership
The user remains the owner of all data entered into the software. The Provider has the right to use this data solely for the purpose of fulfilling the contractual services. After termination of the contract, the Provider will delete the data at the user’s request, unless legal retention obligations apply.
7.4 Usage Statistics
To improve and further develop the software, the Provider uses an analytics tool (Posthog). Only pseudonymized usage data is processed. Personal identifiers (such as user IDs) are pseudonymized, and identifiable parameters in URLs are masked before processing. No personal profiles are created, and no evaluation for advertising purposes takes place. The data is used solely for statistical purposes and for optimizing the software.
8. Liability and Warranty
8.1 Limitation of Liability
The Provider is liable only for damages caused by intentional or grossly negligent behavior. In the case of gross negligence, liability is limited to the typically foreseeable damage. Liability for indirect damages, lost profits, or data loss is excluded, unless essential contractual obligations (cardinal obligations) are breached.
8.2 Warranty
The Provider warrants that the software essentially functions as described. However, no warranty is given for a specific availability or performance of the software, except as described in section 5.2.
9. Amendments to the T&C
The Provider reserves the right to amend these T&C. Changes will be communicated to the user at least 30 days before they take effect, by email or via the Discord server. The user has the right to object to the changes. If the user does not object within 30 days of receipt of the notification, the changes are deemed accepted.
10. Right of Withdrawal for Consumers
If you are a consumer (i.e., a natural person concluding a legal transaction for purposes that are predominantly outside your trade, business, or profession), you are entitled to a right of withdrawal in accordance with statutory provisions.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Bnder UG (limited liability), Im Flath 12, 38542 Leiferde, Germany, contact@bnder.net) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we received notice of your withdrawal.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement.
Expiry of the Right of Withdrawal
The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium if the trader has begun performance of the contract after the consumer has expressly consented to the trader beginning the performance before the withdrawal period has expired, and the consumer has acknowledged that by giving consent they lose their right of withdrawal once performance has begun.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to:
Bnder UG (limited liability)
Im Flath 12
38542 Leiferde
contact@bnder.net
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following service:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
11. Final Provisions
11.1 Governing Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Jurisdiction
For all disputes arising from or in connection with these T&C, the place of jurisdiction shall be Gifhorn, provided the user is a merchant.
11.3 Severability Clause
Should any provision of these T&C be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
11.4 Assignment of Contract
The Provider is entitled to transfer rights and obligations under this contract to third parties, provided that this does not unreasonably disadvantage the user. The user will be informed of such transfer in due time and has the right to terminate the contract extraordinarily in this case.