Terms of Service

(1) These Terms of Service ("Terms") govern the use of the Bookr cloud-based booking platform ("Service") operated by Bergbacher GmbH, Zionskirchstraße 46, 10119 Berlin, Germany, registered at Amtsgericht Berlin Charlottenburg under HRB 278809 B ("Provider", "we", "us").

(2) The Service is a Software-as-a-Service (SaaS) solution that enables businesses ("Customers") to manage bookings, appointments, and scheduling through workspaces, embeddable booking forms, and partner integrations.

(3) These Terms apply exclusively. Conflicting or deviating terms of the Customer shall not apply, even if the Provider does not expressly object to them.

(4) The Service is directed at businesses and professionals (B2B). By registering, the Customer confirms that they are acting in a commercial or professional capacity.

"Workspace" means an isolated tenant environment within the Service, containing the Customer's bookable items, bookings, partners, and settings.

"Booking Entry" means an immutable, append-only ledger record representing a state change in a booking (creation, confirmation, cancellation, modification).

"Bookable Item" means a resource, service, or appointment slot configured by the Customer for booking.

"Partner" means a third party authorized by the Customer to create bookings via the Partner Integration channel.

"End User" or "Booker" means a person who makes a booking through any of the available booking channels.

(1) Access to the Service requires registration with a valid email address. Authentication is performed via one-time passcode (OTP) sent to the registered email address. No passwords are used.

(2) The Customer is responsible for ensuring that only authorized persons access their account and workspaces. The Customer must notify the Provider immediately of any unauthorized access.

(3) Each workspace is an isolated tenant. Data within a workspace is not accessible from other workspaces unless explicitly shared through partner integrations.

(4) The Provider reserves the right to refuse registration or terminate accounts that violate these Terms or applicable law.

(1) The Service provides the following core functionality: (a) creation and management of workspaces; (b) configuration of bookable items; (c) booking management through an append-only ledger system; (d) three booking channels: Internal (dashboard), Direct Embed (iframe widget), and Partner Integration (iframe + API key); (e) role-based access control (admin, manager, viewer); (f) partner management with API key authentication.

(2) The Provider shall make commercially reasonable efforts to ensure an availability of 99.5% monthly average, excluding scheduled maintenance windows. Scheduled maintenance will be announced at least 48 hours in advance where possible.

(3) The Provider may modify, enhance, or discontinue features of the Service at any time, provided that the core functionality is not materially reduced during an active subscription period.

(1) The Service is offered under subscription plans as published on the Provider's website. The scope of features and usage limits depends on the selected plan.

(2) A free trial period may be offered. During the trial, the full functionality of the selected plan is available. At the end of the trial, the Customer must select a paid plan to continue using the Service. If no plan is selected, access to the workspace will be restricted to read-only mode.

(3) Subscription fees are due in advance for the selected billing period (monthly or annually). All prices are quoted in EUR and exclusive of applicable VAT.

(4) The Provider reserves the right to adjust pricing for future billing periods with at least 30 days' prior notice. Price changes do not affect the current billing period.

(1) Payment is processed through third-party payment providers. The Customer agrees to the terms of the respective payment provider.

(2) Invoices are issued electronically and sent to the email address associated with the workspace.

(3) In the event of late payment, the Provider may restrict access to the Service after a reminder with a reasonable grace period of at least 14 days. The Provider's right to claim default interest under § 288 BGB remains unaffected.

(4) The Customer may only offset claims that are undisputed or have been finally adjudicated.

(1) The Customer shall: (a) provide accurate and complete registration information; (b) keep account credentials and API keys confidential; (c) use the Service only in accordance with applicable law and these Terms; (d) not attempt to access other customers' workspaces or data; (e) not use the Service for any illegal, fraudulent, or abusive purpose.

(2) The Customer is solely responsible for all content uploaded, entered, or transmitted through the Service, including bookable item descriptions, booking data, and partner configurations.

(3) The Customer shall ensure that their use of the Service, including the collection and processing of End User data, complies with all applicable data protection laws.

(4) API keys are stored as cryptographic hashes. The plaintext key is displayed once at creation. The Customer is responsible for securely storing API keys. Lost keys cannot be recovered and must be regenerated.

(1) The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the Privacy Policy, available on the Provider's website.

(2) To the extent the Provider processes personal data on behalf of the Customer, the parties shall enter into a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR.

(3) The Customer remains the data controller for all personal data processed within their workspace. The Provider acts as data processor.

(4) Data is stored on servers within the European Union. The Provider shall not transfer data to third countries without appropriate safeguards under Chapter V GDPR.

(1) All rights to the Service, including software, design, trademarks, and documentation, remain with the Provider. The Customer receives a non-exclusive, non-transferable, revocable right to use the Service for the duration of the subscription.

(2) The Customer retains all rights to their content and data uploaded to the Service.

(3) The Customer grants the Provider a limited license to process, store, and display Customer content solely for the purpose of providing the Service.

(1) The Provider shall be liable without limitation for damages caused intentionally or through gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) For slight negligence, the Provider shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation). In such cases, liability is limited to the foreseeable, typically occurring damage. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies.

(3) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(4) The Provider shall not be liable for loss of data to the extent the Customer has failed to ensure that such data can be reproduced from data backups with reasonable effort.

(5) The Provider's total aggregate liability for all claims arising under or in connection with this agreement shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.

(1) The contract is concluded for the selected subscription period and renews automatically for successive periods of the same length, unless terminated by either party with at least 14 days' notice before the end of the current period.

(2) The right of both parties to terminate for cause (außerordentliche Kündigung) remains unaffected. Cause for immediate termination by the Provider includes, in particular: (a) material breach of these Terms by the Customer; (b) use of the Service for illegal purposes; (c) non-payment despite reminder and grace period.

(3) Upon termination, the Customer may export their data for a period of 30 days. After this period, the Provider shall delete all Customer data in accordance with applicable data protection law.

(4) Termination must be made in text form (email is sufficient).

(1) The Provider may amend these Terms with at least 30 days' prior notice. Notice shall be given by email or through the Service.

(2) If the Customer does not object within 30 days of receiving the notice, the amended Terms shall be deemed accepted. The Provider shall specifically draw the Customer's attention to the significance of the 30-day period in the change notification.

(3) If the Customer objects to the amendment, the Provider may terminate the contract at the end of the current billing period.

(1) These Terms and all disputes arising from or in connection with them shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany, provided the Customer is a merchant (Kaufmann), a legal entity under public law, or a public-law special fund.

(1) Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

(2) The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.

For questions regarding these Terms, please contact: Bergbacher GmbH, Zionskirchstraße 46, 10119 Berlin, Germany. Email: contact@bergbacher.com. Phone: +49 30 65941623.