Terms and Conditions (GTC)

Last updated: February 8, 2026

1. Scope and Provider

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the "ManageClever" software (hereinafter "Service") concluded between

Samuel Schürmann Rothschwaiger Feldweg 17 82256 Fürstenfeldbruck Germany E-Mail: contact@manageclever.com (hereinafter "Provider" or "we")

and you as the user (hereinafter "User" or "you").

1.2 B2B / B2C Distinction:

Consumer within the meaning of these GTC is any natural person who concludes the transaction for purposes that are predominantly neither commercial nor self-employed professional activity (§ 13 BGB).
Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).

Where regulations of these GTC apply only to entrepreneurs or only to consumers, this is explicitly highlighted in the text.

1.3 Deviating conditions of the User are not recognized unless the Provider expressly agrees to their validity in writing.

2. Subject of Contract and Scope of Services

2.1 The Provider makes a web-based Software-as-a-Service (SaaS) solution available to the User, which offers productivity and task management functions. The exact scope of functions results from the service description on the website at the time of the conclusion of the contract.

2.2 Availability: The Provider strives for an average availability of the Service of 99% on an annual average. Excluded from this are times when the server cannot be reached due to technical or other problems that are not within the Provider's sphere of influence (e.g., force majeure, fault of third parties), as well as planned maintenance work.

2.3 The Provider is entitled to further develop the Service and to change, expand, or restrict functions, provided this is reasonable for the User or required by law.

3. Registration and Conclusion of Contract

3.1 The use of the Service requires registration. By submitting the registration form (e.g., via the provider Clerk), the User submits a binding offer to conclude a user contract.

3.2 The contract is concluded when the Provider accepts the offer, e.g., by activating the account or sending a confirmation email.

3.3 The User assures that all information provided during registration is truthful and complete. Entrepreneurs also assure that they are authorized to act on behalf of the respective company.

4. Free Use and Beta Phase

4.1 Insofar as the Service is offered as a "Beta Version" or within the framework of a free tariff ("Free Plan"), the following applies:

The Service is provided "as is".
There is no claim to a specific availability or freedom from errors.
The Provider can discontinue or restrict the free Service at any time.

5. Prices, Payment Terms, and Term (Paid Tariffs)

5.1 Prices: For paid packages, the prices stated on the website at the time of the order apply.

For Consumers, all prices are total prices including statutory VAT (gross).
For Entrepreneurs, all prices are plus the applicable statutory VAT (net).

5.2 Term and Renewal:

Subscriptions are concluded for the agreed term (e.g., monthly or annually).
Unless otherwise agreed, the subscription automatically renews for the agreed term if it is not canceled in due time.
For Consumers: After the end of the initial contract term, the contract renews for an indefinite period and can be canceled at any time with a notice period of one month.

5.3 Cancellation: You can cancel your subscription at any time via the account settings to the end of the current term. The right to extraordinary termination for good cause remains unaffected.

5.4 Default of Payment: If the User is in default of payment, the Provider is entitled to block access to the Service until the outstanding claims have been settled.

6. Right of Withdrawal for Consumers

If you are a Consumer (see Section 1.2), you have a statutory right of withdrawal when concluding a paid contract.

Withdrawal Instruction

Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Samuel Schürmann, Rothschwaiger Feldweg 17, 82256 Fürstenfeldbruck, Germany, E-Mail: contact@manageclever.com) by means of a clear declaration (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To observe the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Expiry of the Right of Withdrawal The right of withdrawal expires in the case of a contract for the supply of digital content that is not supplied on a tangible medium if we have commenced performance of the contract after you have

expressly consented to us commencing performance of the contract before the expiry of the withdrawal period, and
acknowledged your knowledge that by your consent you lose your right of withdrawal upon commencement of the performance of the contract.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To: Samuel Schürmann Rothschwaiger Feldweg 17 82256 Fürstenfeldbruck Germany E-Mail: contact@manageclever.com

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notified on paper)

Date

(*) Delete as appropriate.

7. Duties of the User and Prohibited Use

7.1 The User may not misuse the Service. In particular, it is prohibited to:

Store or distribute illegal, racist, pornographic, or insulting content.
Distribute malware, viruses, or Trojans.
Use the Service for spam or unsolicited advertising.
Circumvent or attack security mechanisms of the Service.
Use automated scripts (bots, crawlers) on the Service without explicit permission.

7.2 The User indemnifies the Provider against all claims of third parties asserted against the Provider due to an illegal use of the Service by the User, including the costs of the necessary legal defense.

8. Data Protection

8.1 The Provider processes personal data of the User in compliance with the applicable data protection regulations (GDPR, BDSG). Further information can be found in our Privacy Policy.

8.2 Data Processing on Behalf: Insofar as the User stores and processes personal data of third parties (e.g., their own customers or employees) in the Service, they act as the controller. In this case, the Provider acts as a processor. For this purpose, the parties conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. This can be accessed in the account area or requested by email.

9. Liability

9.1 Free Use: In the case of the use of free services (including beta versions), the Provider is only liable for damages based on intent or gross negligence.

9.2 Paid Use:

The Provider is liable without limitation for intent, gross negligence, injury to life, limb, or health, and under the Product Liability Act.
In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the Provider's liability is limited to the typical, foreseeable damage. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies.
Otherwise, liability for slight negligence is excluded.

9.3 The above limitations of liability also apply in favor of the legal representatives, employees, and vicarious agents of the Provider.

10. Changes to the GTC

10.1 The Provider is entitled to change these GTC, e.g., to adapt them to changed legal frameworks or technical changes.

10.2 Changes will be announced to the User in text form (e.g., by email) at least six (6) weeks before the planned effective date.

10.3 If the User does not object to the change within six weeks after receipt of the announcement, the change is considered approved. The Provider will separately point out the right of objection and the legal consequences of silence in the announcement.

11. Final Provisions

11.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you are a consumer and have your habitual residence in another EU country, the mandatory consumer protection provisions of that country remain unaffected.

11.2 If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office.

11.3 Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions.

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