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Terms & Conditions

DEENITFRESPLROBGRUUKTR
Note: This translation is provided for convenience only. The legally binding version is the German original.

1. Scope

These Terms and Conditions (T&Cs) apply to the use of the app "Horticum" (hereinafter "the app"), provided by: Simon Kappelmeir – Dienstleistung Weiherbachweg 6 82216 Maisach Germany Email: support@horticum.com By registering and using the app, the user accepts these T&Cs.

2. Description of services

The app serves the digital organisation of horticultural and agricultural businesses. It includes, among other things: β€’ Bed planning and crop management β€’ Task planning by calendar week β€’ Time tracking with optional GPS time clock β€’ First-aid documentation (DGUV-compliant) β€’ Plant-protection and fertilisation documentation β€’ Customer and supplier management β€’ Harvest list and accounting function β€’ Documentation (instructions linked to tasks/crops/harvests, including images and drawings) β€’ Data import (Excel, CSV, JSON, SQLite) and data export (Excel, JSON) β€” export only in paid plans β€’ Label editor and direct printing on thermal transfer printers (Zebra, Bixolon, TSC, Godex, CAB and others) via network (TCP 9100) or Bluetooth LE β€” Pro+ plan only β€’ Synchronisation between multiple devices β€’ Business management with member system The app offers a free basic version as well as paid subscription plans with extended functionality. There is no claim to permanent availability.

3. Subscription plans and prices

The app offers the following usage models: β€’ Trial phase (30 days): free access to the full version after registration β€’ Free (€0/month): joining existing businesses possible, no own business can be created β€’ Basic (€3/month): own business, no members (billed via App Store/Play Store or Stripe) β€’ Pro (€10/month): full version with up to 10 members, 3 businesses, 3 devices (billed via Stripe with invoice) β€’ Pro+ (€20/month): up to 50 members, 10 businesses, 5 devices, 2,000 beds, 5,000 crops, label editor and Zebra printing (billed via Stripe with a company invoice β€” small business under Β§ 19 UStG, no VAT shown) Subscriptions renew automatically on a monthly basis. Store subscriptions are cancelled via the App Store's subscription management. Stripe subscriptions can be cancelled directly in the app and reactivated until the end of the term. On a subscription downgrade, existing data is retained, excess members are removed and excess businesses are locked. While locked, personal data (time tracking, plant protection, first-aid book) remains available. The trial phase is managed server-side per account. Reinstalling the app does not reset the trial phase. In the free version (including the trial phase), imported data is only provided temporarily for 15 minutes. Data export (Excel, JSON) is available exclusively in the paid plans.

4. Registration and account

Using the app requires the creation of an account with a valid email address. The user is obliged to treat their access data confidentially. Only one account may be created per person. Sharing access data with third parties is not permitted. The user can delete their account at any time in the app settings. All personal data will be irrevocably removed.

5. User obligations

The user undertakes: β€’ to use the app only for its intended purpose β€’ not to provide any false or misleading information β€’ not to disseminate any unlawful content via the app β€’ not to manipulate the app or to circumvent its security mechanisms β€’ not to perform any automated access (bots, scrapers) on the app

6. Businesses and members

Users can create businesses and add other users as members via invitation code. The creator of a business is its owner and can manage permissions for members. The owner is responsible for the content stored within their business. Members can be removed by the owner at any time.

7. Data storage and security

Business data is stored on a self-hosted server in Germany. Access is restricted via Appwrite team permissions to the respective business members. Transmission takes place exclusively via HTTPS (TLS-encrypted). No credentials or secrets are contained in the app code.

8. Availability and liability

The provider strives for high availability of the app and the synchronisation server. Maintenance work, technical disruptions or force majeure may lead to temporary outages. The provider's liability is limited to intent and gross negligence. Liability for data loss is excluded to the extent that the user has failed to take reasonable data-backup measures. The app is a tool for business organisation. The user is responsible for compliance with legal documentation obligations (plant protection, fertilisation, first aid). The provider does not warrant the completeness or legal conformity of the documented data.

9. Statutory documentation obligations

The app supports the fulfilment of the following statutory requirements: β€’ First-aid documentation under Β§ 24 (6) DGUV Rule 1 (5 years retention) β€’ Plant-protection documentation under (EC) No 1107/2009 and PflSchG (3 years retention) β€’ Fertilisation documentation under the German Fertiliser Ordinance (DΓΌV) Responsibility for correct and complete documentation lies with the user. The app serves as a technical tool but does not replace professional or legal advice.

9a. User responsibility

The user alone is responsible for the correctness, completeness and legal conformity of all data entered, stored and printed in the app β€” in particular in the areas of plant protection, fertilisation, first aid, sprayer-operator certification, occupational safety and time tracking. Templates, suggestions, quantity figures, withholding periods, hints or other app content (including automatically generated translations) do NOT constitute professional, medical or legal advice and do not replace the legally required sprayer-operator certification, a doctor or a regulatory authority. They are intended as tools for self-documentation β€” final verification of correctness is the user's responsibility. In medical emergencies, the emergency services (112 in the EU) must be called without delay. The app's first-aid feature is intended solely for the legally required after-the-fact documentation. For plant-protection measures, the currently valid product authorisation, the product label and the applicable rules (PflSchG, PflSchAnwV, EU Regulation 1107/2009, and applicable certification standards such as Bioland, Naturland, Demeter, etc.) are decisive β€” the app entry is only a record of the measure actually carried out. The provider is not liable for any damage, fines, sanctions or follow-up costs resulting from incorrect, incomplete or unlawful entries or from reliance on non-binding app content.

10. Intellectual property

All rights to the app, including design, code and content, belong to the provider. Using the app grants the user a simple, non-transferable right of use for the duration of use. Reproduction, decompilation or distribution is not permitted.

11. Termination and suspension

The user can end use at any time by deleting their account. Stripe subscriptions can be cancelled directly in the app. The cancellation takes effect at the end of the current billing period. Until then the subscription remains active and can be reactivated. Free accounts without an active subscription are automatically deleted after 2 years of inactivity. A warning email is sent 30 days before deletion. The provider reserves the right to suspend or delete accounts that violate these T&Cs or that misuse the app.

12. Changes to the T&Cs

The provider reserves the right to adjust these T&Cs as required. For material changes, the user will be informed on the next app start. Continued use of the app after the change is deemed acceptance.

13. Final provisions

The law of the Federal Republic of Germany applies. Place of jurisdiction is, to the extent legally permissible, the provider's domicile. If individual provisions of these T&Cs are invalid, the validity of the remaining provisions is not affected.