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.

Each contract is governed by the version of these Terms that the Provider had published when the contract was concluded (currently at https://www.treubar.de/en/terms, in German at https://www.treubar.de/agb), together with any amendments that have taken effect under § 14 or been agreed with the customer. The Provider provides earlier versions in text form on request to support@treubar.de.

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 customer passes (wallet passes), locations, push campaigns and automations, are binding. For the usage limit of the Free plan, every customer pass issued counts as long as it has not been deleted; an end customer removing a pass from their wallet does not remove it from the count. If the limits 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 on the payment page of 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. If the customer books a paid plan via the website, they select the plan and billing interval on the pricing page, sign in or create an account, and review the plan, billing interval and total price including VAT on the order page. They can correct their selection there via “Change plan”, and their payment and billing details on the payment service provider’s payment page before submitting. Entries made when registering can be corrected in the input fields before submitting. The Provider stores the contract data; the customer can retrieve invoices in the subscription management. 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 registration or the respective 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 total prices including statutory VAT; the tax amount included in the price is shown on the payment page before the order is placed and on the invoice. If no German VAT is due for the customer under VAT law, for example because they provide a valid VAT identification number of another member state of the European Union, the displayed total price remains unchanged. If the statutory VAT rate changes, the total price changes accordingly from the date of the change; this is not a price change within the meaning of paragraph 5.

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. If the subscription is cancelled before the trial period ends, it ends with the trial period without any annual fee becoming due, provided the customer has not previously confirmed an early claim of included stands. If the subscription is not cancelled before the trial period ends and the customer has not confirmed an early claim, the first twelve-month billing period begins when the trial period ends; the annual fee is due in advance at its start. If the customer is entitled to included stands under § 13 paragraph 4, the customer may claim them during the trial period. Before the claim is confirmed, the Provider informs the customer of the annual fee due immediately including applicable VAT, of the immediate end of the trial period and that a cancellation takes effect only at the end of the twelve-month billing period then beginning; the start and end of that billing period are displayed. Upon express confirmation of the claim, the trial period ends immediately, the first twelve-month billing period begins and the annual fee shown becomes due in advance; a cancellation declared thereafter takes effect at the end of that billing period. The stands are produced and shipped only once payment of the annual fee has been confirmed and the print approval and delivery details have been provided. If payment is pending or has failed, the ended trial period is not reinstated; the payment obligation remains. Statutory and other contractually agreed termination and refund rights remain unaffected. 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. For subscriptions taken out by 31 December 2026, the following applies in addition: the first price increase that the Provider announces after 31 December 2026 for the plan booked by the customer does not apply to these subscriptions; they keep the price agreed at the time of subscribing. A later price change is possible under sentences 1 to 4, but at the earliest with effect for billing periods beginning after 31 December 2027. If the customer changes the plan or the billing interval, the price displayed on treubar.de at that time applies to the changed subscription; if the subscription ends and a new one is taken out later, the price displayed at that time applies. A change in the statutory VAT rate under paragraph 1 remains unaffected.

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 beyond the current billing period. The customer may cancel at any time, without giving reasons, with effect from the end of the current billing period. Cancellation is made in the logged-in area via “Your subscription” on the Provider’s website (currently https://www.treuly.de/en/subscription, also reachable via https://www.treubar.de/en/subscription) or via the plan management in the business dashboard, in each case in the payment service provider’s customer portal linked there, or informally in text form to support@treubar.de. On a yearly plan the billing period is twelve months; a cancellation takes effect at the end of the current twelve months or, during the trial period under § 5 paragraph 4, at the end of the trial period. If the customer has claimed included stands early under § 5 paragraph 4, the trial period has thereby ended; a cancellation then takes effect at the end of the twelve months beginning with the claim.

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 online via the Provider’s website or via the business dashboard at app.treuly.de and billed via the Provider’s payment service provider; they cannot be purchased as an in-app purchase via Apple or Google. Subscriptions concluded in the past as an in-app purchase in the Treubar iOS app were bought via the App Store; the seller is the Apple company named there (in the German App Store, Apple Distribution International Ltd., Ireland), acting for the account of the app’s provider named in the App Store at the time of purchase. Billing and renewal of these subscriptions and refunds of the price paid to Apple are governed by Apple’s terms; they can only be cancelled via the subscription management of the Apple account (App Store → Subscriptions). The services of Treubar are provided by the Provider.

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 customer’s admin may delete the user account at any time in the business dashboard or in the Treubar iOS app. Where paid hardware orders or produced included stands (§ 13) belong to the account, the business cannot be deleted within the application because the order and invoice records must be retained by law; in that case, on request in text form to support@treubar.de, the Provider deletes all data of the account except the records that must be retained by law and the details linked to those orders, which it retains until the statutory retention periods expire. If such an order is still being processed, the request is to be made once it has been delivered or refunded. Deletion — in the case of sentence 2, receipt of the request — immediately ends any current paid subscription; no pro-rata refund is made for the current billing period in that case. A subscription concluded as an in-app purchase via the App Store (paragraph 3) cannot be ended by the Provider itself; Apple continues to collect the fees for it after the deletion until the customer cancels it via the subscription management of their Apple account.

Consequences of the end of the contract

On plans with an export function, the customer can export their operational data in a common machine-readable format using that function; it currently covers the customer list with stamp balances and the stamp log of the most recent 5,000 stamp events. Cancelling a paid plan does not end the contract as a whole: the account moves to the Free plan under § 6 paragraph 4, and no data is deleted. After such a cancellation takes effect, and after the contract has ended in full, the Provider makes the customer’s operational data (card configuration, active passes, stamp and redemption logs) available in a common machine-readable format for 30 days in each case, on request in text form to support@treubar.de. After the contract has ended in full, the Provider deletes the data within a further 30 days once that period has expired, unless statutory retention obligations (§ 147 AO, § 257 HGB) prevent this. If the customer deletes their account themselves, sentences 3 and 4 do not apply; the Provider then deletes the data within 30 days of the deletion.

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, after a prior warning in text form, suspend access in whole or in part where and for as long as this is necessary to end the breach or prevent further breaches; § 9a paragraphs 4 and 5 apply accordingly. During a suspension under this paragraph or under § 5 paragraph 6, the Provider continues to assist the customer with requests from their end customers under § 10 of the data processing agreement and, on request to support@treubar.de, carries out at no extra charge the steps the customer could otherwise take in Treubar themselves (access, rectification, export, erasure). 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, 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. § 9a applies to content that has been objected to.

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; § 9a paragraphs 4 and 5 apply.

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.

Handling of illegal content and content in breach of contract

(1) Content provided by the customer that violates applicable law or infringes the rights of third parties, and messages under § 9 paragraph 4 sentence 3, are not permitted. Customer content includes in particular the logo, images, names and texts on the cards and on the pages for end customers, as well as the texts of campaigns and push messages.

(2) Anyone may notify the Provider electronically of content they consider illegal, via the form at https://www.treubar.de/en/report-content or by email to support@treubar.de. The notice should contain a sufficiently substantiated explanation of why the content is allegedly illegal; the exact location, such as the URL or the name of the business, card or campaign; the name and email address of the person submitting the notice; and a statement that the information is accurate and complete to the best of their knowledge. Where the person submitting the notice has provided an email address, the Provider confirms receipt of the notice to them and informs them of its decision and of the possible means of redress.

(3) The Provider assesses notices and its own findings in a timely, diligent, objective and non-arbitrary manner, taking into account the legitimate interests of all parties concerned. Decisions are taken by a human; the Provider uses no automated tools to detect content that is not permitted or to assess whether content is permitted. Where content is not permitted, the Provider may block or remove it, suspend dispatch under § 9 paragraph 4 or suspend access under § 8 paragraph 3, in each case only where and for as long as necessary. Where the illegality is apparent without a detailed legal examination, it may provisionally block the content before its review is complete. If the Provider terminates the contract because of content that is not permitted, it states its reasons in the notice of termination in accordance with paragraph 4; paragraph 5 applies accordingly.

(4) The Provider informs the customer of every measure under paragraph 3 no later than when the measure takes effect, in text form sent to the email address stored in the account, with a clear and specific statement of reasons: the type, scope and duration of the measure; the facts and circumstances relied on, including whether the measure is based on a notice; the statutory provision infringed or the provision of these Terms concerned, with an explanation; and the means of redress under paragraph 5.

(5) The customer may object to the measure in text form to support@treubar.de. The Provider then reviews it without undue delay, lifts it insofar as it is not justified and informs the customer of the outcome in text form. Recourse to the courts remains unaffected.

Data protection and processing on behalf of the customer

Insofar as the Provider, in providing the service, processes personal data of the customer’s end customers — in particular pass identifiers, stamping and redemption timestamps and push recipient data — or of the staff for whom the customer creates accounts (except for their personal Treubar logins and the other data named in § 1a of the privacy policy for which the Provider is itself the controller), 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. Notwithstanding sentence 1, the Provider is itself the controller for technical connection data and server logs, including when end customers open the pages provided for them or fetch their wallet passes (§§ 1 and 2 of the privacy policy, § 1 of the data processing agreement).

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; how it processes this data is explained in the privacy policy at https://www.treubar.de/en/privacy.

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. The Provider’s obligation to perform ends at the point where its systems connect to the internet and at the interfaces to Apple Wallet and Google Wallet; the Provider does not owe the operation of Apple’s and Google’s services, mobile and internet connections, or the devices of the customer and their end customers.

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 do not give rise to a reduction of the fee; in all other respects the customer may assert a reduction, unless it is undisputed or has been finally established by a court, 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 is expected to back up the data that can be exported with it at reasonable intervals. If the customer fails to carry out a backup that was possible and reasonable for them, this is taken into account as contributory fault under § 254 BGB in claims for the loss of such data. In all other respects, liability for the loss of data is governed by paragraphs 1 to 3.

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

Hardware orders (NFC display stand)

(1) Scope, relationship to the other provisions. This section applies to orders for the individually designed NFC display 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 (1) sentence 1 BGB, the provisions on the sale of goods apply to the contract, supplemented by the provisions referred to in § 650 (1) sentence 3 BGB (§§ 642, 643, 645, 648 and 649 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, included stands. The stand costs €19.90 per unit including statutory VAT (currently 19 %) and including shipping within Germany. An order placed via the platform covers exactly one stand. As long as an order exists for the customer’s Treubar account that has not been cancelled, refunded or lapsed under paragraph 8 letter b), no further order can be placed via the platform. The prices and quantities shown in the order summary immediately before the order is submitted are decisive. The customer may request further stands by email to support@treubar.de. The Provider may conclude a separate contract with the customer for them, to which this § 13, including the price under sentence 1, applies accordingly; notwithstanding paragraph 3 sentence 1, that contract is concluded with the Provider’s order confirmation in text form, at the latest with the Provider’s confirmation that payment has been received, and covers the quantity stated there. When the customer concludes a yearly subscription to the Start, Pro or Max plan for their Treubar account for the first time, it includes, once and without separate remuneration, one stand on the Start plan, two on the Pro plan and five on the Max plan (included stands); the plan with which this first yearly subscription is concluded is decisive. Notwithstanding paragraph 1 sentence 3, the included stands form part of the performance under the yearly subscription; sentences 2 and 3 of this paragraph do not apply to them. The customer claims the included stands via the platform, all at once or in several claims, and confirms a delivery address within Germany for each claim; the stands of one claim are delivered in the design approved by the customer under paragraph 7 letter c), in one or more shipments, to that one delivery address, and no shipping costs are charged for this. A claim is possible for as long as the yearly subscription exists; included stands that are not claimed are neither paid out nor credited against other services. They are produced and shipped only after payment of the first annual fee has been confirmed; paragraph 6 sentences 1 and 5 do not apply to them. A claim during the trial period is governed by § 5 paragraph 4. If the first annual fee is charged back or refunded in full, the right to included stands not yet produced is suspended until the amount has been paid in full again; if it is not paid again, the right lapses. If the customer switches from a current monthly subscription to a yearly subscription, this counts as concluding a yearly subscription for the first time, provided no yearly subscription previously existed for the Treubar account. No stands are included on renewal of the yearly subscription, in any later yearly subscription, in monthly subscriptions or in the Free plan. Rights to free stands that the customer acquired under an earlier version of these Terms are not retroactively restricted by this.

(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). 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.

(7) Design, customer cooperation, print approval. a) The stand is individually designed on the basis of the design direction chosen when ordering, any notes the customer adds, and the logo and colours stored in the customer’s Treubar account; if no logo is stored, the business name is used as lettering. The customer is responsible for the accuracy and lawfulness of this information; if the Provider needs further information after payment has been received, it requests it in text form. 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. By approving it, the customer fixes the texts, logo, colours and layout of the stand as shown in the approved draft. Where the stand delivered corresponds to the approved draft in these respects, it is not defective merely because the draft contains an error that the customer could have recognised by checking it carefully; this does not apply insofar as the Provider recognised the error and did not point it out to the customer. § 12 remains unaffected. 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 rescind the order at any time without giving reasons (voluntary contractual right of rescission, Rücktrittsrecht). 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 once the payment page expires (currently two hours after the order is received). c) Once print approval has been granted, the stand goes into production. The voluntary right of rescission under letter a) no longer exists from that point. If the customer nevertheless terminates the contract under § 648 sentence 1 in conjunction with § 650 (1) sentence 3 BGB, the Provider may demand 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 (§ 648 sentence 2 BGB). It is presumed that the Provider is thereby entitled to 5 per cent of the agreed remuneration attributable to the part of the work not yet performed (§ 648 sentence 3 BGB). The Provider refunds the part of the amount paid to which it is not entitled on this basis via the payment method originally used. d) The statutory rights of both parties, in particular rescission (Rücktritt) and damages on account of defects (§§ 437, 323, 280 BGB) and on account of default, remain unaffected by letters a) to c). e) Included stands under paragraph 4 are produced only after print approval and confirmed payment of the first annual fee. No separate remuneration is paid for them; a rescission under letter a) or a termination under letter c) therefore results neither in a refund nor in a reduction of the annual fee, and the customer owes no remuneration under letter c) for them. Even if the yearly subscription ends, no amount is refunded or charged for an included stand that has already been produced. If the customer cancels a claim before print approval, their right to the included stands concerned that have not yet been produced remains. The customer’s rights under § 6 and paragraph 12 remain unaffected.

(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 rescission granted in paragraph 8 letter a) is a voluntary contractual undertaking by the Provider and does not establish a statutory right of withdrawal (Widerrufsrecht) under §§ 312g, 355 BGB.

(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); for included stands, full payment of the first annual fee takes the place of payment for the stand. If a chargeback or a payment default occurs after delivery, the Provider is entitled to demand its return after rescinding the contract (Rücktritt).

(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) Where the sale is a commercial transaction (Handelsgeschäft) for both parties, § 377 HGB applies; notices of defects must be given in text form. In all other cases, in particular where the customer is not a merchant (Kaufmann), the customer must notify the Provider of obvious defects in text form within two weeks of delivery; if the customer does not notify an obvious defect in time, the customer’s rights in respect of that defect are excluded. In these cases, no notification deadline applies to defects that are not obvious. Dispatching the notice in good time is sufficient to meet any deadline. The exclusion under sentence 2 does not apply where the Provider fraudulently concealed the defect or gave a guarantee as to the quality of the goods, nor to claims for damages for injury to life, body or health, for intentional or grossly negligent breach of duty, or under the German Product Liability Act (Produkthaftungsgesetz). 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 delivery. 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 shall submit for the stand, or have used from their account, only such logos, trade marks, lettering, images and texts as they are entitled to use for the agreed purpose and to let third parties use; § 9 paragraph 2 sentence 2 applies accordingly. They indemnify the Provider against claims of third parties that are based on a culpable breach of this obligation; 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. 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 by way of universal or singular succession to an affiliated company or to the acquirer of the business. It announces a transfer by singular succession in text form at least 30 days in advance and names the transferee. Until the transfer takes effect, the customer may terminate the contract with effect from the date of the transfer or a later date of their choice; the Provider refunds fees paid in advance for the period after that date on a pro-rata basis.

Force majeure means events extraneous to the Provider’s business that are brought about from outside by elemental forces of nature or by acts of third parties, that are unforeseeable and that cannot be averted even with the utmost care that can reasonably be expected, such as large-scale network or power outages or official measures. Disruptions at service providers that the Provider uses to perform the contract constitute force majeure only if they are themselves caused by such an event. For the duration of force majeure the Provider is released from its obligation to perform; the reduction of the fee under § 11 paragraph 3 and the right to extraordinary termination without notice under § 543 BGB remain unaffected. 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.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

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