Terms of Use

Bienenstock

Agreement on our legal terms

We are 997 Ventures UG (haftungsbeschränkt) ("Company", "we", "us", "our"), a company registered in Germany with its registered office at Sonnenhof 13, 67677 Enkenbach-Alsenborn, Rhineland-Palatinate.

We operate the product bienenstock-kita.de (the "Website" or the "Product") as well as other related products and services that refer to these legal terms (together the "Services").

You can contact us by e-mail at info@bienenstock-kita.de.

These legal terms constitute a binding agreement between you - whether as an individual or on behalf of an organisation ("you") - and 997 Ventures UG (haftungsbeschränkt) and govern your access to and use of the Services. By accessing the Services, you declare that you have read, understood and accepted these legal terms.

If you do not agree with these terms, you must not use the Services and must stop using them immediately.

Supplementary terms or documents that are published from time to time on the Services are hereby expressly deemed part of this agreement. We reserve the right to change or update these legal terms at our sole discretion. We will inform you of changes by updating the "Last updated" date and will send you a copy of the new terms.

1. Our Services

We offer a Kita (day-care centre) management software ("Software") for day-care facilities and their Träger (operators). The Software includes in particular:

• The web application app.bienenstock-kita.de for managing facilities, groups, staff and children
• A digital check-in/check-out terminal for recording attendance times
• The Bienenstock Parent App for optional communication between the facility and legal guardians
• The Bienenstock Staff App for staff members (own working hours, clocking in and out, home-office and off-site check-in, sick notices, internal team chat; functions can be switched on individually in the settings)
• Push notifications, digital wallet cards (Parent App) and further additional functions
• Optional additional functions, including parent payments with read-only bank connection, membership fees, calendar, releases and consents of legal guardians by e-mail, authorised pick-up persons with proof of handover, an application portal for childcare places (for Träger) and the website builder
• AI functions in accordance with the AI credit of the selected package (Section 6 and 11a)

To use our Software we may additionally provide hardware such as a tablet. For the provision of hardware, the Bienenstock Hardware Policy additionally applies.

2. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionalities, software, website designs, audio, video, text, photo and graphic content (together the "Product") as well as all trademarks, service marks and logos contained therein (the "Marks").

The owners of the rights and of the intellectual property in the Software are Triple Peak Software Systems LLC (8206 Louisiana Blvd NE, Ste A #7704, Albuquerque, NM 87113, USA), Finn Lauppert von Peharnik and Kai Firschau. 997 Ventures UG (haftungsbeschränkt) distributes the Software with their permission and is your contracting party. In this capacity, the rights holders do not receive or process any data of our Clients and are not processors.

Your use of our Services

We grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services and
• download or print a copy of any content to which you have lawfully been given access.

Your recorded data and downloaded content become your (the Client's) property.

3. User Declarations

By using the Services, you assure and warrant that:

1. You have legal capacity and agree to these terms of use,
2. You are of legal age in your country of residence,
3. You do not access the Website by automated or non-human means such as bots or scripts,
4. You do not use the Website for unlawful or unauthorised purposes,
5. Your use of the Website does not violate any applicable laws or regulations.

4. Registration

Registration may be required to use the Services. You undertake to keep your password confidential and are responsible for all activity under your account. Do not pass on access details, use a separate account for each person where the Software offers this, and change shared passwords regularly (AVV §6(8)).

We reserve the right to remove, reclaim or change user names. By registering, you confirm that you have read and accepted these terms and the Data Processing Agreement (AVV).

5. Purchases and Payments

You can pay by invoice (bank transfer) or by credit card.

• Invoice: You receive invoices as PDF by e-mail. Deviating invoice recipients and an additional line for the commissioning party can be stored for each facility.
• Credit card: Billing takes place monthly via our payment service provider Stripe (Stripe Payments Europe, Ltd., Ireland). Only Stripe receives the card data, not us.

You undertake to provide current, complete and correct information about your purchases and your account, including your e-mail address, payment method and the expiry date of your card.

All prices are net prices plus the statutory value added tax.

We reserve the right to change prices for paid packages; for the free package, Section 6 "Free package" applies. All payments are made in euros.

6. Subscription Terms

Packages

Bienenstock offers a free package and paid packages. The free package includes a one-time AI credit that does not expire, without support. Paid packages include support and a monthly AI credit (Section 11a). The scope of services, the AI credit and the price of the booked package result from the accepted offer or from the price list valid at the time the contract is concluded. For existing contracts, price changes apply only under the section "Changes to fees".

Free package

The free package covers all functions that the Software executes automatically, for example check-in and check-out, attendance, groups and rooms, shift plan, parent and staff apps, messages and notifications, reports and exports. It does not include:

• AI functions; they use the AI credit (Section 11a),
• services of third parties that are billed per use, for example SMS,
• the connection and maintenance of integrations with third parties, for example payment service providers, MCP and connectors, sending e-mail from your domain or connecting your website,
• website hosting,
• services that we perform by hand, for example support, set-up or data transfer.

Anyone using the free package keeps it free of charge. A function that belongs to the free package does not become chargeable for existing Clients. Changes to the scope or price of the free package apply only to Clients who register after the change. We may assign new functions to paid packages.

Billing and renewal

The subscription renews automatically for the term stated in the offer, unless it is cancelled. For payment by credit card, the amount is debited monthly via Stripe. You agree that we and our payment service providers may charge your chosen payment method on a recurring basis without requiring renewed consent for each recurring payment, until you cancel the subscription.

Cancellation

You can cancel your subscription at any time by informing us by e-mail at info@bienenstock-kita.de.

• For payment by credit card: Cancellation with a notice period of 14 days to the end of the month.
• First month: Within one month of concluding the contract, you can cancel the paid package and receive the fee paid back in full. After that, cancellation is possible with a notice period of 30 days to the end of the term.
• Refund on early termination: If the contract ends before the end of the paid term, we will refund, for each full month not yet begun, at least the share of the fee that relates to the monthly AI credit.

Changes to fees

We reserve the right to adjust the subscription fees from time to time. We will inform you of price changes at least 30 days in advance, in accordance with applicable law. The free package is excluded from this.

7. Software

Our Services may contain software. If an end user licence agreement (EULA) is attached, its terms apply. Otherwise you receive a non-exclusive, revocable, personal and non-transferable licence to use the Software solely in connection with our Services and in accordance with these terms of use.

We provide the Software with reasonable care and endeavour to ensure smooth operation. No guarantee of quality is given. The Client's warranty rights are governed by the statutory provisions.

Reproduction or further distribution of the Software is permitted only in accordance with the EULA or these terms.

8. Prohibited Activities

The Services may be used solely for the purposes intended by us. In particular, it is prohibited to:

• circumvent or disrupt the security functions of the Services
• defame or harm us or the Services in any way
• upload or transmit unlawful content, including viruses or spam
• use automated systems such as bots, scripts or data-mining tools
• remove copyright notices
• pose as other users or persons
• harass or threaten our employees or service providers
• copy, reverse-engineer or otherwise manipulate software components of the Services
• enter content for which there is no legal basis for processing, in particular special categories of personal data into fields not intended for them (Section 9)
• pass on access credentials (passwords, QR badges) or log in with the access credentials of another person

9. User Content

It is the responsibility of users to check, update or, where desired, pseudonymise all information that is processed with the Software.

We guarantee the confidential treatment of all user data in accordance with German statutory standards and the GDPR. (For further details, see Section 12: Data Protection.)

For free-text fields (notes, messages, chat, reasons, inputs to AI functions) the following additionally applies: (1) Write only what is necessary for the purpose of the field. (2) Do not enter health data (diagnoses, suspicions, medication, injuries), information on custody or family conflicts, or assessments of individual staff members in fields not intended for them, in particular not in the team chat, in messages to parents, in hazard notes and in inputs to the AI. (3) Before sharing with parents or publishing on the website, check whether the text contains data of other children or of third parties. (4) The Client instructs its staff accordingly. We do not check or filter free text. Exceptions are inputs to AI functions (AVV Annex C §1(15)) and, when switched on, texts to parents and the public (AI data guard, AVV Annex C §3 no. 18). Neither check is exhaustive, and neither releases you from the obligations under (1) to (4).

9a. Consents, Photos and Recordings

You may use functions that process photos of children, recordings of conversations or information about third parties (such as authorised pick-up persons) only with the necessary consents. The Software supports you in this (consent by e-mail, signature, evidence). You remain responsible for lawfulness, in particular when recording words not spoken in public (under the national law of the Client's Member State). For authorised pick-up persons and handovers, Section 9b applies.

9b. Releases, Authorised Pick-up Persons and Handovers

(1) What the Software does. For releases, consents by e-mail, authorised pick-up persons and the proof of handover, Bienenstock provides tools for documenting and communicating. We store what you enter and what is confirmed via the confirmation page, send the confirmation e-mails to the address you have stored and display notes to your staff. Details are described in Annex 5 of the AVV.

(2) What the Software does not do. The Software does not check who triggers a confirmation, whether a mailbox belongs to a legal guardian, whether both legal guardians consent, whether custody, a court decision or a contact ban exists, who a person collecting the child is, or whether a release is effective. It does not prevent a handover or a check-out. We owe no delivery of e-mails; an e-mail is deemed sent once the mail server has accepted it.

(3) Your decision. Only your staff on site decide on the handover of a child. Entries and notes of the Software, such as "authorised for pick-up", "Other pick-up person" or "New - check ID", do not replace this decision. Your staff verify the identity of every collecting person not known to them by means of an official identity document before handing over the child.

(4) Your obligations. You determine the content and legal basis of your release texts, keep the e-mail address stored for the child correct, obtain any required consents from both legal guardians, take account of custody arrangements and contact bans, record withdrawals without delay, set ticks only where a release has actually been granted, and keep the evidence for this yourself. For legal guardians who have no e-mail address, you offer a route on paper. The remaining obligations under Annex 5 §6 of the AVV apply accordingly.

(5) Liability is governed by Section 18.

9c. Facility Website

With the website builder you create your own website for your facility. We provide the technology for this and deliver the website at kitas.bienenstock-kita.de. The operator of the website and the provider within the meaning of the national law of the Client's Member State are you, not us. You are responsible for:

(1) a complete and correct legal notice (provider information under the national law of the Client's Member State) and a privacy notice for the website. The Software requires a legal notice before publication but does not check its content;

(2) all content, including content that the AI has suggested or designed (texts, images, layout). Check this content before publishing;

(3) the rights to uploaded images and logos and the consents of persons shown, in particular of children and their legal guardians;

(4) appointments, blog posts and other content that you release for publication on the website.

If claims are brought against us because of content of your website, Section 19 (indemnification) applies. Upon notice of obviously unlawful content, we may temporarily take the website off publication; we will inform you of this without delay.

10. Provision of Hardware Devices

As part of the use of our Services, we may provide hardware devices (tablets, scanners and terminal devices). Tablets and scanners remain the property of 997 Ventures UG (haftungsbeschränkt) and are made available to the Client on loan; the wall-mounted terminal is sold. Details on loan, purchase and provision fees are governed by the Hardware Policy.

The devices provided are standard products of the respective manufacturer (e.g. Apple Inc.). Product liability for defects or malfunctions of the device itself rests with the manufacturer under the German Product Liability Act (ProdHaftG). We provide the devices in working condition, but assume no manufacturer's guarantee and no liability for device-related malfunctions or damage arising from them.

It is the responsibility of the Client to check the provided hardware for its suitability in accordance with applicable laws and regulations and, where necessary, to have it certified.

Should physical impact (e.g. operating error, dropping, improper use) cause damage to the hardware, the user is obliged to bear the repair costs or to provide an equivalent replacement device.

For hardware made available on loan (in particular refurbished tablets), the provisions of the Bienenstock Hardware Policy, which forms part of these terms of use, additionally apply.

11. Software Accuracy

Although 997 Ventures UG (haftungsbeschränkt) cannot guarantee the accuracy of the displayed or calculated data, it is our aim to ensure accurate values and smooth operation. It is the responsibility of the user to monitor the results of the Software. Liability is governed by Section 18.

The exact standards of the calculation are maintained and updated for each country to the best of our ability. The version currently in force can be viewed at any time under Settings. If your legal requirements deviate from these values, please contact us.

Our specifications for the calculation are to be understood as guidance and do not constitute legal advice. We expressly recommend that your individual situation be reviewed legally before the Software is used.

11a. AI Functions

(1) The Services contain optional AI functions. Scope, data processing and switches are described in Annex C of the AVV and Section 2.7 of the Privacy Notice.

(2) Review results. AI results (answers, evaluations, shift plan suggestions, e-mail and text drafts, conversation reports, hazard and handbook suggestions, images) are generated automatically and may be incomplete or incorrect. They replace neither the professional review nor a decision by the responsible persons. The Client reviews every result before using, sending, storing it or acting on it.

(3) No legal advice. AI functions do not provide legal advice. This also applies to the AVV chat, which solely explains the wording of the data processing agreement; only the contract text is authoritative.

(4) Actions. Actions proposed by the Autopilot are executed only after confirmation by an authorised person; with the confirmation, the Client adopts the action as its own. The shift plan AI changes the shift plan directly on the instruction of the person planning; the Client checks the shift plan before using it and can reverse changes. The Client remains responsible for compliance with staff-to-child ratios and working-time and break rules.

(5) Inputs. The Client ensures that it may use the data it enters, speaks or uploads in AI functions for this purpose. It may record conversations only if all participants have consented in advance. For the image generator, it uploads only reference images to which it holds the rights and which show no persons or other personal data; it is responsible for the use of the generated images.

(6) AI credit. Use of the AI functions consumes a credit whose scope results from the booked package. Monthly credit is re-credited on the first day of the month and is not carried over; one-time credit does not expire. Once the credit is used up, the chargeable AI functions are unavailable until the next credit; the help chat and the AVV chat are excluded from this. Unused credit of a month is not refunded; for months after an early end of the contract, Section 6 applies.

(7) We may change AI functions, models and providers, or switch off individual functions for security or operational reasons; the Software remains fully usable without AI functions.

12. Data Protection, Data Collection and Data Transfer

The protection of your data is important to us. The processing of personal data takes place solely in accordance with the General Data Protection Regulation (GDPR) and under the national law of the Client's Member State.

The following documents, which form part of this agreement, govern the details of data processing:

• Data Processing Agreement (AVV) - governs the processing on behalf of the controller pursuant to Art. 28 GDPR
• Privacy notice of the Parent App - informs end users about the data processing in the Parent App
• Privacy notice of the Staff App - informs staff about the data processing in the Staff App

Our application is hosted on servers within the European Union (main location: Frankfurt/AWS). The service providers used are carefully selected and are contractually bound to comply with the GDPR (data processing agreement pursuant to Art. 28 GDPR). A complete list of the sub-processors is contained in the AVV (Annex 1).

Data are transmitted with TLS encryption and stored with AES-256 encryption. Only authorised persons have access, ensured by role-based access control and regular security reviews.

Support via WhatsApp

We optionally offer support via WhatsApp. WhatsApp is a service of Meta Platforms Inc., based in the USA. If you use this channel, the following conditions apply:

• Do not share personal data: Do not send personal or sensitive data via WhatsApp (e.g. names of children, dates of birth, health data, photos or documents with personal content). The channel serves exclusively for general enquiries and technical support.
• Data storage outside the EU: WhatsApp messages are processed and stored on servers of Meta Platforms Inc., which may also be located outside the European Union (in particular in the USA). By using WhatsApp to contact us, you agree that the content of your messages may be stored outside the EU.

For data-protection-compliant communication, in particular where personal data are concerned, please use exclusively e-mail to info@bienenstock-kita.de or the communication functions within the Bienenstock platform.

Application portal. If a Träger uses the application portal, it is responsible for the contents of the portal, for informing the applicants pursuant to Art. 13 GDPR and for the decision on places. The Software deletes applications after the periods stated in the AVV.

Use of the Staff App. If the Client uses the Staff App, it selects in the settings which functions are used. We recommend operation on facility-owned work devices. As employer, the Client is responsible for (a) determining whether staff may use private devices and keeping their use voluntary, (b) informing staff before first use, including the settings chosen, (c) observing the participation rights of an employee representative body, (d) archiving the person upon leaving and replacing the QR badge if a device or badge is lost. We do not provide device management and cannot view or delete staff members' devices. Details are governed by Annex 2B of the AVV.

12a. Parent Payments and Bank Connection

For parent payments, Bienenstock provides tools for overview and matching. We are not a payment service provider, do not accept money and do not initiate payments. If you connect a bank account, we access it only on a read-only basis; the terms of your credit institution additionally apply. You are responsible for the matching of payments, the acceptance of cash and the settlement with the legal guardians.

13. Term and Termination

These legal terms apply for as long as you use our Services.

We reserve the right to restrict or block your access to the Services, in particular in case of a breach of these terms, of statutory provisions or in case of payment default. In this case, we will inform you in advance in writing and set a reasonable period for remedy, unless an immediate block is required for compelling reasons (e.g. security incident, unlawful use).

If the use for a facility ends (for example upon merger, end of contract or permanent payment default), we may deactivate the facility. Your data, reports and settings remain preserved and exportable until their deletion under Section 14a; new attendance bookings and logins in the apps are then no longer possible.

After termination or blocking, you have 30 days to export your data (see Section 14a). After this period, the data will be deleted, unless a statutory retention obligation exists.

14. Changes, Interruptions and Errors

We endeavour to keep our Services always up to date, reliable and user-friendly. Nevertheless, it may happen that content needs to be adjusted, removed or updated - in some cases also without prior notice.

Although we strive for high availability, outages due to maintenance work, technical problems or external circumstances cannot always be avoided. Planned maintenance work will be announced in advance where possible.

To the extent permitted by law, we accept no liability for changes, price adjustments, temporary interruptions or a possible discontinuation of individual Services.

14a. Data Export and Data Portability

The Client has the right at any time during the contract term and within 30 days after the end of the contract to export its data in a common, machine-readable format.

After the 30-day period has expired, the data will be deleted, unless statutory retention obligations exist (in particular under the national law of the Client's Member State). Data subject to statutory retention obligations will be deleted after the expiry of the periods.

Reports can be regenerated at any time from the unalterable logs stored on our German database servers. These logs are technically protected against alteration by end users.

We expressly recommend that you additionally store reports locally. Local backup ensures the continuous availability of complete records independently of access to the Software - in particular with regard to statutory documentation and retention obligations.

15. Applicable Law

These terms of use are governed by the law of the Federal Republic of Germany. The UN sales law (CISG) is excluded.

The place of jurisdiction is Kaiserslautern (non-exclusive jurisdiction). If you are a consumer resident in the EU, the mandatory protective rights of your home country additionally apply. You may enforce your rights, at your option, in Germany or in your country of residence.

16. Dispute Resolution

Informal settlement

Before legal steps are initiated, both parties undertake to attempt an informal resolution within 30 days after written notice.

Court jurisdiction

If disputes cannot be settled informally, the ordinary courts at the place of jurisdiction Kaiserslautern have jurisdiction, subject to mandatory statutory rules of jurisdiction.

Online dispute resolution

The European Commission provides a platform for online dispute resolution. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

17. Corrections

The Services may contain typographical errors, inaccuracies or omissions - e.g. in descriptions, prices or availability. We reserve the right to correct such errors at any time and without notice.

18. Liability

Unlimited liability

We are liable without limitation for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by us or by our legal representatives or vicarious agents. We are likewise liable without limitation for damages caused by intent or gross negligence, as well as for claims under the German Product Liability Act.

Limited liability

In the case of slightly negligent breach of essential contractual obligations (Kardinalpflichten), we are liable limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contracting party may regularly rely.

Exclusion of liability

Otherwise, our liability - on whatever legal basis - is excluded. This applies in particular also in cases of force majeure, such as natural events, strikes, orders of authorities or other unforeseeable circumstances outside our sphere of influence.

Insofar as our liability is limited or excluded, this also applies to the personal liability of our employees, representatives and vicarious agents.

19. Indemnification

You undertake to indemnify us as well as our affiliated companies, partners, employees and agents against all third-party claims, insofar as these result from the following circumstances:

• Content or material submitted by you
• Your use of our Services
• A breach of these terms
• An infringement of third-party rights
• Damage to other users caused by you

In such cases we reserve the right to initiate appropriate legal steps and to conduct our own defence. The costs arising therefrom shall be borne by you, insofar as you caused the claim in question.

20. User Data and Own Records

We store certain data that you transmit for the administration and optimisation of the Services. We carry out regular backups and apply appropriate technical and organisational measures to protect your data.

Note on your own record-keeping obligation: Within the Software, users are advised to keep their data additionally in their own register - whether on paper or on a separate data medium (e.g. hard drive, USB stick). This own documentation serves as an independent backup and is the responsibility of the Client. The Software does not replace the obligation of the facility operator to ensure independently the retention of its operational records.

Liability for data loss is governed by the provisions in Section 18.

21. Electronic Communication, Transactions and Signatures

By visiting the Website, sending e-mails or completing forms, you consent to electronic communication.

You agree that all contracts, notices, disclosures and other communications in electronic form may satisfy statutory requirements of written form, to the extent that the law permits electronic form (§ 126a BGB).

You accept the use of electronic signatures, contracts, orders and the electronic transmission of notices.

22. Miscellaneous

These terms of use and all supplementary guidelines form the entire agreement between you and us.

If we fail to enforce any right at any time, this does not constitute a waiver of that right. We furthermore reserve the right to transfer our rights and obligations to third parties at any time.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision. No employment, partnership or agency relationship arises between you and us through this agreement.

The English version is binding; translations into other languages are provided for understanding only.

23. Contact

For questions or complaints, please contact:

997 Ventures UG (haftungsbeschränkt)
Sonnenhof 13
67677 Enkenbach-Alsenborn
Germany
info@bienenstock-kita.de