Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts between Sören Heinzmann (hereinafter "Provider") and the user (hereinafter "Customer") regarding the use of the Bygmind app and related services.

(2) Deviating, conflicting, or supplementary terms of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

§ 2 Subject Matter

(1) The Provider provides the Customer with a mobile application for documenting construction projects and renovation work ("Bygmind App").

(2) The Bygmind App consists of a free basic area ("Free Version") and optional paid additional features ("Premium Version").

(3) The Free Version includes:

• Photo capture with automatic compass and GPS recording
• Audio recordings for documentation
• Video and whiteboard features
• Unlimited number of projects
• Offline functionality

(4) The Premium Version additionally includes:

• AI-based transcription of audio recordings
• AI-powered analysis and report generation
• Intelligent defect detection
• Additional AI features as per current product description

§ 3 Registration and User Account

(1) Registration is required for the use of certain features.

(2) The Customer is obliged to provide truthful and complete information during registration and to keep this information up to date.

(3) The Customer is responsible for keeping their login credentials confidential and is liable for any use of their account.

§ 4 Prices and Payment Terms

(1) The Free Version of the Bygmind App is permanently free.

(2) The Premium Version is subject to fees according to the current price list. Prices include statutory VAT.

(3) Billing is done in advance for the selected billing period (monthly or annually) through the respective app store platform (Apple App Store or Google Play Store).

(4) The payment terms and cancellation policies of the respective app store platform apply.

§ 5 Rights of Use and Obligations

(1) The Provider grants the Customer a simple, non-transferable right to use the Bygmind App for the duration of the contract.

(2) The Customer may only use the app for lawful purposes.

(3) The following is prohibited:

• Decompiling, disassembling, or reverse engineering the app
• Sharing login credentials with third parties
• Use for unlawful purposes
• Circumventing technical protection measures

§ 6 Data Protection and Data Processing

(1) The Provider processes personal data in accordance with the privacy policy and applicable data protection laws, in particular the GDPR.

(2) When using AI features, the data to be analyzed is transferred to the Provider's servers and deleted after analysis is complete.

(3) The servers are located in Germany and are subject to European data protection standards.

§ 7 Availability

(1) The Provider strives for high availability of services but cannot guarantee uninterrupted availability.

(2) The offline features of the Free Version are available regardless of server connection.

(3) Maintenance work will be announced in advance where possible and scheduled during low-usage periods.

§ 8 Liability

(1) The Provider is fully liable for intent and gross negligence as well as for injury to life, body, or health.

(2) In cases of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations). Liability in this case is limited to foreseeable, typically occurring damage.

(3) Liability for the accuracy of AI-generated content is excluded. The Customer is obliged to verify all results before use.

§ 9 Termination

(1) The Free Version can be discontinued at any time without notice.

(2) Premium subscriptions can be cancelled at any time at the end of the current billing period. Cancellation is done through the respective app store platform.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 10 Amendments to Terms

(1) The Provider reserves the right to amend these Terms with effect for the future.

(2) Changes will be communicated to the Customer at least 30 days before taking effect. If the Customer does not object within this period, the amended Terms shall be deemed accepted.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the Provider's place of residence.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.