Terms

1. Scope

These terms govern the use of Tecto, provided by [FIRMIERUNG EINSCHLIESSLICH RECHTSFORM], Fahlenkampsweg 4b, 23562 Lübeck, Deutschland ("we", "us").

They apply to consumers and to businesses alike. Where a clause applies to only one of the two, it says so. A consumer is anyone entering into the contract for purposes outside their trade or profession (§ 13 BGB); a business is anyone doing so in the course of it (§ 14 BGB).

Terms of your own do not become part of the contract unless we have agreed to them in writing. This holds even where we perform the contract knowing of them.

2. What the service is

Tecto is software we run and make available over the internet. You do not receive a copy of it and do not install anything; what you get is access to the service for the term of the contract.

The scope is what the plan you chose describes, together with the product documentation as it stands at the time. We develop the service continuously, which means functions are added and occasionally replaced. We will not remove a function that materially defines the plan you are paying for without telling you in good time.

3. How a contract comes about

Presenting the plans on this site is not a binding offer. You make the offer by completing the sign-up; the contract comes about when we confirm it or first give you access.

Before you submit, you can review and correct your entries. The contract text is stored on our side and sent to you with the confirmation.

The contract is concluded in German or in English, whichever language you used.

4. Plans, prices and payment

Prices are per person and month, billed for the term you chose. The prices shown to consumers are total prices including statutory VAT; prices agreed with businesses are exclusive of VAT, which is added at the applicable rate.

Payment is due in advance for the term. If a payment fails, we may restrict access after telling you and giving you a reasonable opportunity to settle it; we will not delete your content for a missed payment without warning you and leaving you time to export it.

We may change prices with effect from the start of a new term, giving at least six weeks’ notice before the current term ends. If you do not accept the new price, you may terminate with effect from the end of that term; we will say so in the notice.

A plan that costs nothing may be changed or discontinued with three months’ notice. Notice will be given in a way that reaches you, and your content stays exportable throughout.

5. Term and termination

The contract runs for the term you chose and renews for the same period unless it is terminated. A monthly contract can be terminated at any time with effect from the end of the current month; an annual one with one month’s notice to the end of the term.

Consumers on a contract that renews automatically may terminate at any time with one month’s notice once it has renewed (§ 312k BGB), and can do so through the termination button in the account settings.

Either side may terminate for good cause without notice. For us, good cause includes a serious breach of clause 7 that continues after we have asked you to stop.

After the contract ends you can export your content for 30 days. After that it is deleted, along with the backups it appears in, within the periods described in the privacy notice. Export is available throughout the contract as well — you never need our cooperation to leave.

6. Right of withdrawal

If you are a consumer, you have a statutory right to withdraw from the contract within fourteen days without giving a reason. The full instructions and the model withdrawal form are on the withdrawal page, which forms part of these terms.

This right expires early if you expressly ask us to begin performance during the withdrawal period, confirm that you know this ends the right, and we have then fully performed. We will ask for that confirmation separately and in plain words, not by burying it in a checkbox.

7. How the service may be used

You are responsible for what you and the people you invite put into the service, and for keeping your access credentials to yourself. Tell us as soon as you suspect somebody else has them.

You may not use the service to store or distribute content that is unlawful, to interfere with its operation or security, to circumvent the limits of your plan, or to make it available to third parties who are not members of your workspace.

We do not monitor content. Where we are notified of unlawful content we act as the law requires, and we will tell you when we do unless the law forbids it.

8. Your content

Your content stays yours. You grant us only the rights we need to run the service: to store your content, transmit it, display it to the people you have given access, and create backups.

We do not use customer content to train AI models, and we do not analyse it for any purpose other than providing the service and keeping it working.

9. Availability

We aim for the service to be available at all times, and where a plan states an availability figure, that figure is what we owe for the plan, measured per calendar month and excluding announced maintenance.

Maintenance is announced in advance and placed outside usual working hours where it can be. Interruptions we do not control — a network failure upstream, force majeure — are not counted against the figure.

10. Data protection

How we handle personal data on this website is described in the privacy notice.

For the content you put into the service, you are the controller and we process it on your behalf. A data processing agreement under Art. 28 GDPR is part of every plan, including the free one, and is concluded with the contract.

Data is processed in Germany and elsewhere in the EU. Sub-processors are listed in the data processing agreement; we tell you before adding one and you may object.

11. Liability

We are liable without limitation for injury to life, body or health, for intent and gross negligence, under the Product Liability Act, and where we have given a guarantee.

For slight negligence we are liable only where an obligation is breached whose fulfilment makes performing the contract possible in the first place and on which you may rely, and then only for the loss typical of this kind of contract and foreseeable when it was concluded. Liability is otherwise excluded.

Data loss. Our liability is limited to the effort that recovery would have taken had you kept backups appropriate to the value of the data. Export is available at any time and in a format that needs no software of ours to read, which is precisely what makes that a fair expectation.

12. Changes to these terms

We may change these terms where a change is necessary for legal or technical reasons or to reflect a change in the service, provided it does not upset the balance of the contract.

We will notify you at least six weeks before a change takes effect. If you object before it does, the contract continues on the existing terms and either side may terminate to the end of the current term. If you do not object, the change takes effect; the notice will say so.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer resident in another EU state, this does not deprive you of the protection of the mandatory provisions of your own law.

If you are a business, a legal person under public law or a special fund under public law, the courts at our registered office have jurisdiction.

Should a provision be or become invalid, the remainder stays in force.