Terms and Conditions (T&C) of Bnder UG (haftungsbeschränkt)
1. Introduction
These Terms and Conditions (T&C) govern the use of the project management software provided by Bnder UG (haftungsbeschränkt) (hereinafter referred to as the "Provider"). The software is made available via Discord bots and a web app. Bnder UG (haftungsbeschränkt) can be contacted at: Im Flath 12, 38542 Leiferde, Germany. Email: contact@bnder.net.
"User" in the sense of these T&C refers to any natural or legal person who creates a user account or uses the software—regardless of whether a paid subscription is in place.
2. Service Description
The Provider offers a project management software based on Discord. Users can organize and manage their projects via Discord bots and a web app. Additionally, the Provider offers so-called Pro Seats, which allow users to access advanced features on a specific Discord server.
- Pro Seat A Pro Seat is a paid license that grants a user the right to use advanced features of the software on a particular Discord server.
- Advanced Features Advanced features are additional software capabilities available only to users with a Pro Seat. These may include special integrations, extended project management tools, enhanced reporting, or similar exclusive features.
3. Subscription Model and Usage Rights
3.1 Subscription Model
The user may subscribe to the software on a monthly or annual billing cycle. The subscription automatically renews for the selected billing period (monthly or annually) unless terminated on time (see section 6.1).
Within this subscription, Pro Seats can be purchased to enable users to access advanced features on a specific Discord server via 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 the event of an increase, the additional fee will be calculated on a pro-rata basis for the remaining billing period.
3.2 License Grant
Upon subscribing, the user receives a non-exclusive, non-transferable license to use the software during the subscription period.
3.3 Usage Restrictions
The user may only use the software for 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 via the payment provider Stripe. The user agrees to Stripe's terms of service and privacy policy.
4.2 Due Date
The subscription fee is payable in advance—on the same calendar day of the next month (for monthly subscriptions) or year (for annual subscriptions) as the initial subscription date (e.g., if subscribed on January 17, next payment is due on February 17). If the billing date does not exist in a subsequent month (e.g., February 31), billing will occur on the last calendar day of that month.
If the number of seats is increased during an active billing period, the additional amount will be charged on a pro-rata basis until the next billing date. A reduction in the number of seats takes effect at the beginning of the next billing period.
4.3 Default in Payment
In case of payment default, the Provider is entitled to block 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 via email or the Discord server. The user has the right to cancel the subscription before the price change takes effect. If no cancellation is made, the price change is considered accepted.
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 but strives for an annual average availability of at least 99.9%. Planned maintenance, which may cause temporary downtime, will be announced via the Provider’s Discord server.
6. Termination
6.1 Ordinary Termination
The subscription may be terminated at any time without cause at the end of the current billing cycle. Access to the software ends upon expiration of the billing period. Termination must be made 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 includes, in particular, repeated violations of essential provisions of these T&C or default in payment.
6.3 Consequences of Termination
After the subscription ends, the user loses access to advanced features linked to a Pro Seat. It is the user's responsibility to back up any necessary data before terminating the subscription.
7. Data Protection and 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 Third-Party Data Processing
Payment processing is handled via Stripe. The storage and processing of data required for payment is subject to Stripe’s privacy policies, which may be outside the EU.
7.3 Data Ownership
The user retains ownership of all data entered into the software. The Provider has the right to use this data solely for the performance of the contractual services. Upon termination of the agreement, the Provider will delete the data upon request, provided that no statutory retention obligations exist.
8. Liability and Warranty
8.1 Limitation of Liability
The Provider is only liable for damages caused by intentional or grossly negligent behavior. In cases of gross negligence, liability is limited to typically foreseeable damages. Liability for indirect damages, loss of profits, or data loss is excluded, unless due to a breach of essential contractual obligations (cardinal obligations).
8.2 Warranty
The Provider warrants that the software substantially functions as described. However, there is no warranty for specific availability or performance of the software beyond the availability stated in Section 5.2.
9. Changes 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 via email or 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 change notification, the changes are deemed accepted.
10. Right of Withdrawal for Consumers
If you are a consumer (i.e., a natural person who enters into a legal transaction for purposes that are predominantly not attributable to your commercial or self-employed activity), you have a statutory right of withdrawal.
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 contract conclusion.
To exercise your right of withdrawal, you must inform us (Bnder UG (haftungsbeschränkt), Im Flath 12, 38542 Leiferde, Germany, contact@bnder.net) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notice of exercising the withdrawal right before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from choosing a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we receive notice of your withdrawal.
We will use the same payment method that you used for the original transaction unless expressly agreed otherwise; under no circumstances will you be charged fees for this refund.
Expiry of the Right of Withdrawal
The right of withdrawal expires in the case of a contract for the delivery of digital content not supplied on a tangible medium if the entrepreneur has begun performance of the contract after the consumer has expressly agreed that the entrepreneur may begin performance before the withdrawal period ends, and acknowledged that by giving such consent, the consumer loses their right of withdrawal.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to:
Bnder UG (haftungsbeschränkt)
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 submitted on paper):
Date:
11. Final Provisions
11.1 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these T&C is Gifhorn, provided the user is a merchant.
11.3 Severability Clause
If any provision of these T&C is found to be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the invalid one.
11.4 Transfer of Contract
The Provider may 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 due time and has the right to terminate the contract extraordinarily in this case.