Terms of Service

Contracting party, scope and authoritative version

These Terms of Service ("Terms") govern the use of the Treubar service. The contracting party and provider is Printproof UG (haftungsbeschränkt), Beim Schlump 15, 20144 Hamburg, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Hamburg under HRB 199187, represented by its managing director Dennis Achtziger (the "Provider"). The service is offered under the name "Treubar"; it was previously called "Treuly". The renaming changes neither the contracting party nor the rights and obligations under existing contracts; declarations sent to the previous address support@treuly.de continue to reach the Provider.

These Terms apply exclusively; conflicting or deviating terms of the customer do not become part of the contract, even if the Provider does not separately object to them.

Only the version published by the Provider at https://www.treubar.de/agb — in English at https://www.treubar.de/en/terms — as in force at the time the contract is concluded applies. Older versions available elsewhere do not apply.

Who this offer is addressed to

Treubar is offered exclusively to businesses within the meaning of § 14 BGB, in particular to operators of shops, cafés, bakeries and salons.

By registering and with every order, the customer declares that they are acting in the exercise of their commercial or independent professional activity. The Provider may rely on the accuracy of this declaration; it may request the customer’s company name and evidence of business status, and it is entitled to reject registrations and orders from consumers.

Businesses have no right of withdrawal under §§ 312g, 355 BGB.

Scope of services, plans and usage limits

The subject of the contract is the provision of the software-as-a-service solution Treubar over the internet. With Treubar the customer issues digital stamp and loyalty cards as wallet passes (Apple Wallet, Google Wallet) to their end customers, awards stamps by QR or NFC scan, redeems rewards, sends push messages and retrieves analytics. The Provider does not owe the installation of software on the customer’s premises; an internet-capable device and an up-to-date operating system are required.

The Provider offers a free plan (Free) as well as the paid plans Start, Pro and Max. The functional and usage scope depends on the plan booked, as set out in the plan overview at https://www.treubar.de/en/pricing. The plan overview published there at the time the contract is concluded applies; it forms part of the contract and is provided to the customer in text form on request. Plan-specific usage limits, in particular on the number of active wallet passes, locations, push campaigns and automations, are binding; if they are exceeded, the Provider may disable the affected feature or offer the customer the appropriate plan in text form.

The Free plan is provided free of charge with the functional and usage scope described on treubar.de from time to time. The Provider may change the functional scope and usage limits of the Free plan, or discontinue the Free plan, giving 30 days’ notice in text form; there is no entitlement to permanent free provision.

Conclusion of contract, contract text and contract language

The contract for use of the Free plan is concluded when an account is registered.

The presentation of the plans on treubar.de is not a binding offer but an invitation to submit an offer. By submitting the order process and confirming payment with the payment service provider, the customer makes a binding offer. The contract is concluded when the Provider confirms the order in text form or activates the plan booked.

These Terms are available at https://www.treubar.de/agb — in English at https://www.treubar.de/en/terms — and can be saved and printed there. In all other respects, the obligations under § 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB are excluded.

The contract language is German or English, depending on the language in which the order process was carried out; the version of these Terms in the respective contract language prevails.

Prices, payment, trial period and renewal

The prices displayed on treubar.de at the time of the order apply. All prices are net and exclusive of statutory VAT; the final tax amount is shown on the payment page before the order is placed.

The fee is payable in advance at the start of each billing period and is collected via the payment method stored by the customer with the payment service provider used by the Provider; details of the data processing are set out in the privacy policy. Invoices are provided electronically and are available for retrieval and download in the subscription management area of the logged-in area. The customer consents to electronic invoicing, in particular to provision as a PDF document.

The subscription renews automatically for the chosen billing interval (monthly or yearly) until it is cancelled in accordance with § 6.

The yearly Start, Pro and Max plans include a free trial period of 7 days from the conclusion of the subscription. Unless the subscription is cancelled before the trial period ends, it converts into a paid subscription; the first billing follows the trial period. The monthly plans include no trial period.

The Provider may change prices with effect for future billing periods, but no earlier than twelve months after the start of the contract and thereafter no more than once per twelve-month period. The change will be announced in text form at least 30 days before the start of the affected billing period; the announcement states the new price and the date on which it takes effect and points out the right to cancel. The customer may cancel the subscription with effect from the end of the current billing period at any time up until the change takes effect; if the subscription renews, the announced price applies from the following billing period. For billing periods already paid in full in advance, the price agreed at the time of the order remains unchanged.

If the customer is in default of payment, the statutory rules on default apply (§§ 286, 288 BGB); direct debit return and chargeback fees for which the customer is responsible must be reimbursed, and the customer is free to prove that the loss was lower. If the customer is more than 14 days in default with an amount equal to one full monthly fee, the Provider may suspend access after prior announcement in text form giving seven days’ notice, until the arrears have been settled; the claim to payment continues for the duration of the suspension, and wallet passes already issued are not updated while access is suspended. The right to extraordinary termination under § 314 BGB remains unaffected.

Term, cancellation and refunds

The subscription runs for an indefinite term; there is no minimum term. The customer may cancel at any time, without giving reasons, with effect from the end of the current billing period. Cancellation is made via the subscription management in the logged-in area on treubar.de or informally in text form to support@treubar.de.

The Provider may terminate the contract for the Free plan by ordinary notice of 30 days to the end of a month. The Provider may terminate a paid subscription by ordinary notice only with 30 days’ notice to the end of the billing period paid for at the time. The right of both parties to extraordinary termination for good cause remains unaffected.

New subscriptions are concluded exclusively via treubar.de. Subscriptions that were concluded in the past as an in-app purchase in the Treubar iOS app continue to be billed by Apple. They can only be cancelled via the subscription management of the Apple account (App Store → Subscriptions); Apple’s terms and refund terms apply in addition in that respect.

If the customer cancels, there is no pro-rata refund for the current billing period already paid for; the plan booked remains fully usable until the end of the paid term, after which the account moves to the Free plan unless it is deleted. If the contract ends for a reason for which the Provider is responsible — in particular ordinary termination by the Provider or extraordinary termination by the customer for good cause — the Provider refunds the fee attributable to the remaining term on a pro-rata basis.

If the customer reports an accidental automatic renewal in text form to support@treubar.de within 14 days of the invoice date, the Provider refunds the fee paid for the new billing period in full; in that case the contract ends at the end of the preceding billing period. Any further goodwill is granted voluntarily and without acknowledgement of any legal obligation.

The user account can be deleted at any time in the operations dashboard or in the Treubar iOS app. Deletion immediately ends any current paid subscription; no pro-rata refund is made for the current billing period in that case.

Consequences of the end of the contract

After the cancellation of a paid plan takes effect, the customer may export their operational data (card configuration, active passes, stamp and redemption logs) in a common machine-readable format for 30 days; where the relevant plan provides no export function, the Provider makes the data available in text form on request within that period. After that period expires, the Provider deletes the data within a further 30 days, unless statutory retention obligations (§ 147 AO, § 257 HGB) prevent this.

Once the account moves to the Free plan, only that plan’s features and usage limits are available; features of paid plans are deactivated. Existing wallet passes remain readable; the Provider may suspend the issuance of new passes and stamping above the Free limits until the customer has adjusted their volume or booked a paid plan.

Once the contract has ended in full, wallet passes already issued are no longer updated, no further stamps are accepted and push messages are no longer delivered. Any claims of end customers to redeem collected stamps are directed exclusively against the customer.

Right of use, account and permitted use

The Provider grants the customer, for the term of the contract, the non-exclusive, non-transferable and non-sublicensable right to use Treubar within the scope of the plan booked for their own business operations.

The customer keeps their access credentials confidential. They may set up access for their own staff; they must oblige those staff to comply with these Terms, and the staff’s actions are attributable to the customer. Passing access on to third parties, using the account for businesses of others and offering the service to third parties (resale, white-label) are not permitted without the Provider’s prior consent in text form.

In the event of serious or repeated breaches of these Terms, the Provider may suspend access after a prior warning in text form; the right to extraordinary termination remains unaffected.

Customer content, loyalty programme, campaigns and reference use

The customer grants the Provider the non-exclusive, royalty-free right to store the content they provide (in particular logo, background image, stamp icon, brand and text elements), to edit it for display purposes (in particular scaling and format adjustment), to reproduce it, to use it as an identifier and to make it publicly available, insofar as this is necessary to provide the service; this includes the right to grant Apple and Google the sublicences required to deliver and display the wallet passes. The right of use is limited to the term of the contract; for wallet passes already issued it continues beyond the end of the contract for their further display and storage on end customers’ devices.

The customer warrants that they hold the necessary rights and that the content does not infringe the rights of third parties. The Provider may provisionally block or remove content that has been objected to, following a corresponding notice.

The loyalty programme represented via Treubar is an offer made by the customer to their own end customers. The customer determines the participation terms, the stamping and redemption logic, the reward and any expiry date on their own responsibility, makes the participation terms available to their end customers and is solely responsible for their legal permissibility. No contractual relationship arises between the Provider and the customer’s end customers.

Push messages and campaigns that the customer sends via Treubar are the customer’s advertising; the Provider merely provides the technical dispatch service. The customer is solely responsible for ensuring that dispatch, content and frequency comply with statutory requirements, in particular § 7 UWG and data protection requirements, and shall evidence any necessary consents on request. Messages with unlawful, misleading or offensive content, and dispatch to recipients who have objected, are prohibited. Where there is reasonable suspicion of a breach, the Provider may temporarily suspend dispatch after prior announcement, and without announcement in cases of imminent danger.

The customer indemnifies the Provider against claims of third parties, including the customer’s end customers, based on a culpable breach of the customer’s obligations under this section; the indemnity covers the reasonable costs of legal defence. The Provider will inform the customer without undue delay of any claims asserted and will not make any admissions or settlements without the customer’s consent.

The Provider may name and display the customer’s name and logo as a reference on its own websites and in sales materials during the term of the contract. The customer may object to this use at any time in text form to support@treubar.de; the Provider will then remove the reference from the media it controls within 14 days. Any use going beyond this, in particular case studies and statements quoted by name, requires the customer’s prior consent in text form.

Data protection and processing on behalf of the customer

Insofar as the Provider processes personal data of the customer’s end customers in providing the service — in particular pass identifiers, stamping and redemption timestamps and push recipient data — it acts as a processor within the meaning of Art. 28 GDPR; the customer is the controller in that respect. The basis is the Provider’s data processing agreement, published at https://www.treubar.de/en/dpa — in German at https://www.treubar.de/avv —, which becomes part of this contract when the contract is concluded; on request to support@treubar.de the Provider also provides it in text form.

The customer is responsible for the lawfulness of the processing, in particular for the information obligations towards their end customers under Art. 13 and 14 GDPR and for obtaining any necessary consents.

For the customer’s own account, contract and billing data, the Provider is the controller in its own right; the privacy policy at https://www.treubar.de/en/privacy applies in that respect.

Availability, support and remedies for defects

The Provider provides Treubar with reasonable industry-standard care and aims for high availability; no particular service-level percentage is owed unless expressly agreed in text form. Periods of planned maintenance, which will be announced in advance where possible, do not count as downtime, nor do outages for which the Provider is not responsible, in particular force majeure, outages at upstream suppliers, third-party attacks and disruptions affecting Apple Wallet, Google Wallet, mobile and internet connections or the customer’s devices.

The Provider provides support on questions about setting up and using Treubar by email to support@treubar.de on business days (Monday to Friday, excluding public holidays in Hamburg). No particular response or restoration time is owed unless expressly agreed in text form.

The provisions of German tenancy law (Mietrecht) apply to the provision for use, unless otherwise specified below. Strict liability irrespective of fault for defects already present when the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded. Immaterial impairments, in particular brief disruptions and announced maintenance windows, do not give rise to a reduction of the fee; in all other respects the customer may assert a reduction only by reclaiming the overpaid fee.

Claims based on defects become time-barred twelve months after the statutory start of the limitation period. The statutory limitation period applies to claims based on intent, gross negligence, injury to life, body or health, a guarantee, and claims under the German Product Liability Act (Produkthaftungsgesetz).

Liability

The Provider is liable without limitation in cases of intent and gross negligence, fraudulent concealment of a defect, injury to life, body or health, to the extent of an expressly assumed guarantee or warranty of quality, and under the German Product Liability Act (Produkthaftungsgesetz).

In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

Any further liability of the Provider is excluded.

Insofar as the plan booked includes an export function, the customer shall back up the data stored in the service at regular intervals. In that case the Provider’s liability for the loss of data is limited to the effort that would have been required to restore the data had the customer carried out proper and regular backups; this does not apply in the cases set out in paragraph 1.

The above limitations of liability also apply for the benefit of the Provider’s legal representatives, employees and vicarious agents.

Hardware orders (NFC stand)

(1) Scope, relationship to the other provisions. This section applies to orders for the individually designed NFC stand offered via the platform (the “stand”). It applies in addition to the remaining provisions of these Terms; in the event of conflict, the provisions of this § 13 prevail for hardware orders. An order for a stand is a separate contract: it requires an existing Treubar account, but it is independent of the plan booked and does not affect the existence or term of the platform contract. § 2 paragraph 1 (offer addressed exclusively to businesses) applies without restriction.

(2) Type of contract. The stand is individually designed and manufactured according to the customer’s specifications. Pursuant to § 650 BGB, the provisions on the sale of goods apply to the contract, supplemented by the provisions referred to in § 650 sentence 3 BGB.

(3) Conclusion of contract. By clicking the button that places the order with an obligation to pay (“Zahlungspflichtig bestellen”), the customer makes a binding offer to conclude a contract of sale for the quantity shown in the order summary. The automated confirmation that the order has been received does not yet constitute acceptance. The contract is concluded with a separate order confirmation in text form, at the latest with the Provider’s confirmation that payment has been received.

(4) Prices, quantity, shipping costs. The stand costs €19.90 per unit including statutory VAT (currently 19 %) and including shipping within Germany. A maximum of three stands may be ordered per order. The prices and quantities shown in the order summary immediately before the order is submitted are decisive.

(5) Delivery, delivery time. Delivery is made exclusively to delivery addresses within Germany. Statements about the delivery time (as a rule 1 to 3 business days from the print approval under paragraph 7) are non-binding approximate indications unless expressly designated as binding in text form in an individual case. Partial deliveries are permitted insofar as they are reasonable for the customer and cause them no additional costs. The customer’s statutory rights in the event of late delivery remain unaffected.

(6) Payment. The order must be paid in advance (prepayment). Payment is processed via the payment service provider Stripe Payments Europe, Ltd. (Ireland); its terms apply in addition. The Provider does not store complete payment card data. The invoice is provided to the customer electronically in text form; the customer consents to this. Design work under paragraph 7 begins only after payment has been received. The customer is entitled to a right of retention or to set-off only in respect of undisputed claims or claims established with final legal effect.

(7) Design, customer cooperation, print approval. a) The stand is individually designed. For this purpose the customer provides the Provider, after payment has been received, with their logo in sufficient resolution, their colour specifications and a short style briefing. The customer is responsible for the accuracy and completeness of this information. b) On this basis the Provider produces two design drafts. The customer selects one draft or requests exactly one round of revisions, in which the Provider produces two new drafts. Thereafter the selection must be made from the drafts available. Further revisions are made only by separate agreement and against separate remuneration. c) Confirming the selected draft in the platform (“Verbindlich freigeben” — binding approval) constitutes the print approval. Production begins with it. The customer is obliged to check the draft carefully before approval, in particular spelling, company name, contact details and colour effect. The Provider is not liable for errors in approved content; this does not apply insofar as the goods delivered deviate from the approval. d) Colour deviations from the on-screen display that are due to printing technology, and deviations in material, colour and format that are customary in the industry and reasonable for the customer, do not constitute a defect. e) If the customer fails to meet their obligations to cooperate under letter a), or their selection or approval decision under letters b) and c), despite a request and the setting of a reasonable grace period of at least 14 days, the Provider is entitled to end the contract; §§ 642, 643 and 645 BGB remain unaffected. In that case the Provider refunds the full amount paid.

(8) Cancellation by the customer. a) Until the print approval under paragraph 7 letter c) has been granted, the customer may withdraw from the order at any time without giving reasons. The declaration is made in text form to the Provider; an email to support@treubar.de quoting the order number is sufficient. In that case the Provider refunds the full amount paid via the payment method originally used. No contribution to the cost of drafts already produced is charged. b) As long as payment has not been received, no contract is concluded; the customer may let the order lapse unpaid. The Provider is entitled to let unpaid orders lapse 24 hours after they are received. c) Once print approval has been granted, the stand goes into production. The voluntary right of withdrawal under letter a) no longer exists from that point. If the customer nevertheless terminates the contract under § 648 sentence 1 BGB, the Provider remains entitled to the agreed remuneration; it must, however, allow to be credited what it saves in expenses as a result of the cancellation of the contract or what it acquires, or maliciously fails to acquire, by deploying its labour elsewhere. A refund of the amount paid is therefore regularly out of the question. The customer remains free to prove that the Provider saved higher expenses or acquired more by deploying its labour elsewhere. d) The statutory rights of both parties, in particular withdrawal and damages on account of defects (§§ 437, 323, 280 BGB) and on account of default, remain unaffected by letters a) to c).

(9) No consumer right of withdrawal. The stand is supplied exclusively to businesses within the meaning of § 14 BGB (§ 2 paragraph 1). Under § 312g (1) BGB a right of withdrawal pursuant to §§ 312g, 355 BGB is available to consumers only and therefore does not exist. Irrespective of this, the goods are not prefabricated and are made on the basis of an individual choice or decision by the purchaser; a right of withdrawal would also be excluded on that ground under § 312g (2) no. 1 BGB. The right of withdrawal granted in paragraph 8 letter a) is a voluntary contractual undertaking by the Provider and does not establish a statutory right of withdrawal.

(10) Passing of risk. The risk of accidental loss and accidental deterioration passes to the customer when the stand is handed over to the forwarder, the carrier or the person otherwise designated to carry out the shipment (§ 447 BGB). The customer should document visible transport damage with the delivery service and notify the Provider; the customer’s rights in respect of defects do not depend on this.

(11) Retention of title. The stand remains the property of the Provider until it has been paid for in full (§ 449 BGB). If a chargeback or a payment default occurs after delivery, the Provider is entitled to demand its return after withdrawing from the contract.

(12) Duty to examine and give notice of defects, warranty, limitation. a) The statutory provisions on liability for defects apply, subject to letters b) to e). Guarantees require text form. b) § 377 HGB remains unaffected. Even where § 377 HGB does not apply directly, the customer must examine the stands delivered without undue delay after delivery. Obvious defects must be notified to the Provider in text form without undue delay, and at the latest within two weeks of delivery; hidden defects without undue delay after their discovery. Dispatching the notice in good time is sufficient to meet the deadline. If the customer fails to give notice, the goods are deemed approved in that respect. c) In the event of a defect, the Provider provides subsequent performance at its option by repair or replacement delivery. If subsequent performance fails twice or the Provider refuses it, the customer has the statutory rights. d) The limitation period for claims based on defects is twelve months from the passing of risk. This shortening does not apply to • claims for damages for injury to life, body or health, • claims based on intent, gross negligence or fraudulently concealed defects, • claims under an assumed guarantee and under the German Product Liability Act (Produkthaftungsgesetz), and • the customer’s recourse claims under §§ 445a, 445b BGB. The statutory limitation periods apply in those respects. e) There is no defect in the case of deviations under paragraph 7 letter d), damage caused by improper handling, moisture or mechanical impact, or interference with the built-in NFC chip. The stand only works in conjunction with an active Treubar account; the end of the platform contract causes that function to cease and does not constitute a defect.

(13) Liability. § 12 applies accordingly to the Provider’s liability arising from hardware orders.

(14) Rights in the design and the drafts, indemnity. a) Upon payment in full, the customer acquires title to the stand delivered. The customer also receives a non-exclusive right, unlimited in time and territory, to use the approved design to promote their own loyalty programme, in particular to display it in public and to reproduce it. b) The copyright and other exploitation rights in the design drafts — including the drafts not selected and the revised drafts, the layouts, templates and artwork — remain with the Provider. There is no claim to the release of open print or source files. c) Transferring the rights of use to third parties, using the design for other products and having further production carried out by third parties require the Provider’s prior consent in text form. d) The customer warrants that they are entitled to use the logos, trade marks, lettering, images and texts they submit for the agreed purpose and to let third parties use them; § 9 paragraph 2 applies accordingly. They indemnify the Provider against claims of third parties for infringements of rights caused by that content, including the reasonable costs of legal defence. e) The Provider is entitled to show the designed stand as a reference. The customer may object to this at any time in text form.

Changes to these Terms and to the scope of services

The Provider may change these Terms and the scope of services with effect for the future, provided that the change is prompted by a change in the law or in supreme court case law, by security requirements, technical development or changed requirements or interfaces of the platform operators Apple and Google, and that it does not unreasonably disadvantage the customer, taking the Provider’s interests into account.

The change will be announced in text form at least 30 days before it takes effect; the announcement provides the amended version and points out the right to cancel. For paid plans the change takes effect at the beginning of the billing period following the notice period, and for the Free plan 30 days after the announcement is received. Until the change takes effect, the customer may terminate the contract with effect from that date.

Material changes to the subject matter of the contract or to the balance between performance and consideration are not covered by this provision; § 5 applies exclusively to price changes and § 3 paragraph 3 to changes to the Free plan.

Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

Declarations and notices under this contract require text form (§ 126b BGB); email is sufficient.

The Provider may transfer its rights and obligations under this contract to an affiliated company or to the acquirer of the business by way of universal or singular succession; in that case the customer may terminate the contract by ordinary notice within 30 days of the announcement.

If the Provider is unable to perform due to force majeure — in particular large-scale network or power outages, official measures or the failure of third-party platform services — it is released from its obligation to perform for the duration of that event. If the event lasts longer than 30 days, either party may terminate extraordinarily; fees paid in advance will be refunded on a pro-rata basis for the period not performed.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.