Terms of Service

Last Updated: July 7, 2025

Preamble

These Terms of Service govern the legal relationship between Heisenware GmbH, Levisohnweg 3, 22081 Hamburg, Germany (hereinafter "Heisenware") and its customers regarding the use of the Heisenware platform ("Platform"). Heisenware's offering is directed exclusively at entrepreneurs in the sense of § 14 of the German Civil Code (BGB) ("Customer").

§ 1 Account, Users, and Contract Formation

(1) The use of the Platform requires the creation of a company account ("Account"). The person who creates the Account becomes its "Account Owner" and receives administrative rights for this Account. 

(2) By creating the Account, a contract for the use of the Platform in accordance with these Terms of Service is concluded between Heisenware and the Customer. The Account Owner warrants that they are authorized to conclude this contract on behalf of the Customer. 

(3) The Account Owner and other users authorized by them may invite other persons as users ("Members") to the Account. Each Member must also agree to these Terms of Service upon creating a user account. The Customer is fully responsible for compliance with these terms by all of its users. 

(4) The purchase of paid plans, capacities, or services is governed by a separate agreement (e.g., an individual offer or an online order) which supplements these Terms of Service.

§ 2 Free Trial

(1) Heisenware may grant the Customer a free and time-limited trial period. The exact duration and the respective scope of services during the trial period will be indicated on the Heisenware website or during registration for the trial. 

(2) During the trial period, the Platform is provided "as is" and without any warranty or support commitments. 

(3) The trial period ends automatically upon expiration of the specified period. It does not convert into a paid subscription unless the Customer actively enters into a separate, paid agreement. Heisenware is entitled to deactivate access after the trial period expires without further notice. 

(4) Data entered by the Customer during the trial period will be deleted after its end, unless a paid contract is concluded.

§ 3 Scope of the Platform 

(1) Heisenware provides the Platform to the Customer as a Software-as-a-Service (SaaS) solution for use over the internet. The Platform is designed to create and operate custom software applications ("Apps") for business purposes. 

(2) The Platform includes, in particular, the following core components and concepts:

• App Builder: A low-code development environment that allows users to create Apps with no or minimal programming effort. 

• App Manager: A module for managing Apps, users, roles, and access permissions.

• Workspaces: Separate working areas within the Account for organizing Apps and related resources such as databases and files.

• Agents: Executable programs that can be created in the App Builder and enable the connection and integration of various data sources and sinks in separate networks. 

(3) The specific capacities of the plan purchased by the Customer (e.g., the number of usable Apps, cloud traffic, and cloud storage) are defined in the separate agreement (offer or online order). Detailed technical specifications of the Platform are described in the user documentation on the Heisenware website.

(4) Heisenware continuously develops the Platform. The Customer is entitled to use the Platform in its most current version, which may include bug fixes, security updates, and functional improvements. Significant changes will be communicated in a timely manner. 

§ 4 Availability

(1) Heisenware strives to ensure continuous availability of the Platform but does not guarantee uninterrupted access. 

(2) Scheduled maintenance work is generally carried out within the maintenance window between 8:00 PM and 3:00 AM (CET).

§ 5 Customer Support 

(1) Heisenware provides customer support during business hours: Monday to Friday from 9:00 AM to 6:00 PM (CET), excluding public holidays in Hamburg, Germany.

(2) Support requests must be sent by email to support (at) heisenware.com. 

(3) A "response" within the meaning of these Terms of Service is a qualified, personal message for the initial assessment of the request. The response time promised in the service description refers exclusively to business hours. Its calculation will be paused at the end of a business day and will resume on the next business day.

(4) Heisenware does not guarantee specific resolution times. In the event of severe disruptions that significantly impair the Platform's performance, Heisenware will, however, prioritize the issue and begin troubleshooting without undue delay. Other requests are handled on a best-effort basis. Heisenware reserves the right to refer customers to the user documentation.

§ 6 Usage Rights, Intellectual Property, and Reference

(1) Heisenware grants the Customer a simple, non-exclusive, non-transferable right, limited to the term of the contractual relationship, to use the Platform for its own business purposes. This right of use extends to all users authorized by the Customer within their Account.

(2) All rights to the Platform itself, including the software, remain with Heisenware.

(3) The Customer retains all rights to the data, content, and Apps that they create with the Platform ("Customer Content"). The technical operation of the Apps is dependent on the use of the Platform.

4) Heisenware and the Customer may use each other's name and logo for marketing and reference purposes. This use may be objected to at any time for the future in writing and by stating reasons.

§ 7 Customer Obligations 

(1) The Customer is obligated to use the Platform exclusively within the framework of the contractual agreements and applicable laws. 

(2) An app's performance and data consumption depend significantly on how the Customer designs it. It is therefore the Customer's sole responsibility to ensure an app's sufficient performance. The Customer can achieve this by either providing adequately powerful end devices and internet connections, or by optimizing their apps for the specific use case.

(3) If the Customer uses Agents in their own IT infrastructure, they are responsible for ensuring a functioning network connection between the Agents and the Heisenware Platform. This includes, in particular, the necessary configuration of their local IT systems and firewalls to enable communication.

(4) The Customer is responsible for the security of their Account and the confidentiality of their login credentials and will immediately inform Heisenware of any unauthorized use.

(5) The Customer is solely responsible for all data and content processed via the Platform and ensures that it does not infringe on the rights of third parties.

(6) The Customer shall indemnify Heisenware against all third-party claims arising from the Customer's unlawful use of the Platform or from legal infringements caused by the Customer (e.g., data protection, copyright).

(7) The Customer is prohibited from modifying, reverse-engineering, decompiling, disassembling, or otherwise attempting to access the source code of the Platform or its software components, unless this is mandatory by law (e.g., under § 69e of the German Copyright Act). 

(8) The Customer is obligated to report any defects in the Platform to Heisenware without undue delay upon discovery and to provide reasonable assistance in analyzing the issue.

§ 8 Liability 

(1) Heisenware shall be liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In the case of simple negligence, Heisenware shall only be liable for the breach of a material contractual obligation (cardinal duty). In this case, liability is limited to the foreseeable damage typical for this type of contract. 

(3) Liability for lost profits is excluded. 

(4) Except in the cases mentioned in paragraph 1, Heisenware's total liability per calendar year is limited to the amount of the net remuneration paid by the Customer for the respective service in that calendar year.

§ 9 Confidentiality and Data Protection 

(1) Both parties undertake to keep all confidential information received from the other party secret.

(2) Heisenware processes personal data in accordance with the privacy policy available on the website and legal regulations. For the processing of data on behalf of the Customer, Heisenware provides a Data Processing Agreement (DPA). This can be accessed here.

§ 10 Plan Changes and Price Adjustments

(1) An upgrade to a higher plan is possible at any time. The additional remuneration will be calculated on a pro-rata basis for the remainder of the term.

(2) In the case of a downgrade to a lower plan, the change will take effect at the beginning of the next contract term. A refund for periods already paid for is excluded.

(3) Heisenware reserves the right to adjust the prices for the plans at the beginning of the next contract term. Such a price adjustment will be announced to the Customer in text form with at least six weeks' notice. If the Customer does not agree with the price adjustment, they have the right to terminate the contract at the end of the current term.

§ 11 Amendments to these Terms of Service 

Heisenware reserves the right to amend these Terms of Service. The Customer will be notified of changes in text form at least six weeks before they take effect. If the Customer does not object within this period, the new Terms of Service shall be deemed accepted. Heisenware will specifically point out this consequence in the notification.

§ 12 Termination and Suspension 

(1) Any termination requires text form to be effective (e.g., via email or the cancellation function in the Platform). The specific contract term and notice periods for ordinary termination are set out in the separate agreement (e.g., in the individual offer or as part of the online order).

(2) The right of each party to extraordinary termination for cause remains unaffected. A good cause for Heisenware exists in particular if the Customer seriously violates its contractual obligations.

(3) Heisenware is entitled to temporarily suspend the Customer's access to the Platform if the Customer is in default of payment or if there is a reasonable suspicion of a material breach of these Terms of Service. 

(4) Upon termination of the contractual relationship, the Customer's data on the Platform will be deleted, unless there is a legal obligation to retain it. The Customer is responsible for backing up their data in time before the end of the contract.

§ 13 Final Provisions

(1) This contract shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Hamburg.

(2) Should any provision of this contract be or become invalid, the validity of the remaining provisions shall not be affected.

(3) The Customer may only transfer rights and obligations from or in connection with this contract to third parties with the prior written consent of Heisenware.

(4) These Terms of Service have been translated into English for convenience purposes only. In the event of any discrepancy or conflict between the English and the original German version, the German version shall prevail and be legally binding.