Allgemeine Geschäftsbedingungen

1. Scope, contracting party and conclusion of the contract

1.1. Scope

These General Terms and Conditions (hereinafter “T&Cs”) apply to all contracts for the use of the beekeeping software “iBeekeeper” between iBeekeeper UG (haftungsbeschränkt) (hereinafter “iBeekeeper” or “we”) and its users (hereinafter “User”). iBeekeeper offers the software as a web application at https://webapp.ibeekeeper.de, in the iBeekeeper apps for iOS and Android (including the companion apps such as Storage, Point of sale, Office, Monitor and Breeding) and via the interfaces provided by iBeekeeper (together the “Service”).

Supplementary terms may apply to the manufacturer portal, the supplier portal and the connection of the Service to third-party AI assistants; they are displayed before the respective use. Deviating terms of the User do not apply.

1.2. Contracting party

The contracting party is
iBeekeeper UG (haftungsbeschränkt), Lessingstraße 4, 15345 Altlandsberg, Germany, e-mail: service@ibeekeeper.de.
The register court, register number, authorised representatives and VAT identification number are stated in the legal notice at https://www.ibeekeeper.de/de/impressum.

1.3. Consumers and traders

A consumer is any natural person who concludes the contract for purposes that are predominantly outside his or her trade, business or self-employed profession (§ 13 BGB). A trader is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her trade, business or self-employed profession (§ 14 BGB). Provisions that apply only to consumers or only to traders are identified as such in these T&Cs.

The Service is intended for natural persons of full age with full legal capacity as well as for companies, associations and other organisations.

1.4. Conclusion of the contract for the free package

The contract for the use of the free package is concluded by registration. Registration is possible in the web application and in the apps, including via “Sign in with Apple”. By submitting the registration, the User makes an offer; iBeekeeper accepts it by activating the account, as a rule after confirmation of the e-mail address. The mandatory information requested during registration must be truthful.

1.5. Conclusion of the contract for paid packages and add-on products

The User books paid packages and add-on products in the web application under “Settings”, “Package”. The User selects the package and, where applicable, the term, enters his or her billing details and, before concluding the contract, sees an overview with price, term and its end, in which he or she can check and correct the entries. By clicking the button “Order with obligation to pay”, the User makes a binding offer. The contract is concluded when iBeekeeper confirms the order by e-mail or activates the package, whichever occurs first.

If a package is purchased in an app via Apple’s App Store, the User concludes the purchase contract for the subscription with Apple, which acts in its own name. Payment, renewal, cancellation, withdrawal and refund are then governed by Apple’s terms and settings; iBeekeeper has no influence on them. In the relationship with iBeekeeper, these T&Cs apply to the use of the Service. The same applies mutatis mutandis to purchases via Google Play as soon as iBeekeeper offers them.

1.6. Text of the contract and language of the contract

The text of the contract is stored by iBeekeeper. The current version of these T&Cs can be accessed at any time at https://www.ibeekeeper.de/de/agb and in the application under “Settings”, “Legal”, and can be saved and printed there; the version applicable at the conclusion of the contract is made available to the User with the order confirmation. The language of the contract is German. Translations of these T&Cs are provided for information purposes; in the event of discrepancies, the German version prevails, unless mandatory law provides otherwise.

1.7. Amendments to these T&Cs

iBeekeeper may amend these T&Cs if there is an objective reason to do so, in particular in the event of a change in the legal situation or case law, new or changed functions, packages or add-on products, or to close gaps in the provisions.

The amended version is communicated to the User in text form at least six weeks before it enters into force (by e-mail and by a notice in the application), with the changes highlighted. The changes take effect if the User consents to them; the User can declare consent in the application or by e-mail.

If the User does not consent, the previous version continues to apply to him or her. In this case, iBeekeeper may cancel the contract with ordinary notice in accordance with Section 9; periods of a package that have already been paid for remain unaffected. New add-on products that are booked only at the User’s own request cannot be used by the User without consent to the amended version.

Changes that are exclusively to the User’s advantage or are purely editorial in nature (e.g. spelling, address) take effect upon notification without consent.

For each new purchase of a package or add-on product, the version to which the User consents during the ordering process applies.

2. Services provided by iBeekeeper

2.1. Subject matter of the Service

iBeekeeper provides the User with software for managing his or her beekeeping operation via the internet. In particular, it supports the User in managing bee colonies, apiaries and groups, keeping hive cards, with feedings, treatments, harvests and the monitoring of diseases, with queen breeding, with storage, products and materials, with appointments and tasks, with connecting sensors and hive scales, with collaboration with other users, and with a cash book, point of sale and outgoing invoices. In addition, there are weather and map views, the Knowledge Base and the assistant iBee.

The range of functions available in each case results from the service description of the selected package, which is displayed at the conclusion of the contract on the website and in the application under “Package”. The Service is operated on servers in data centres in the European Union.

2.2. Right of use

For the term of the contract, the User receives the non-exclusive, non-transferable right to use the Service via a browser or the apps for his or her own private or business purposes within the scope of these T&Cs. This includes the right to store and execute the program components required for this on his or her devices. Making the Service available to third parties is not permitted; sharing with other users via the functions of the Service is allowed.

2.3. Packages

iBeekeeper offers a free package and paid packages. The paid packages differ in the number of colonies that the User can actively manage.

The free package can be used for an unlimited period and contains a limited range of functions. This includes in particular a maximum number of colonies, limits for photos and voice notes, and the use of each iBeekeeper app on one device each. Compliance reports such as the medicine record book, the treatment journal or the inventory list of veterinary medicines are included in paid packages and in the trial period. The current limits and functions are set out in the service description (Section 2.1).

Recording treatments and exporting one’s own data (Section 9.7) are possible in every package.

2.4. Trial period

After registration, the User can test the Service free of charge for one month. During this trial period, the functions of the paid packages are available to the User; the quantity limits (e.g. number of colonies, photos and documents) correspond to those of the free package, and archiving is additionally possible. The trial period ends automatically; it is not renewed for a fee and does not have to be cancelled. Thereafter the free package applies, unless the User books a paid package.

2.5. Colonies above the package limit

If a User keeps more active colonies than his or her package allows, the User may, after prior notice in the application, continue to edit only as many colonies as his or her package allows. The User chooses which ones; if no selection is made, the most recently edited ones apply. The remaining colonies remain readable and exportable and can be archived or deleted; entries on them (e.g. hive cards, treatments) are not possible. The selection can be changed at most every 30 days. Editing is possible again immediately upon booking a sufficient package or after deleting or archiving surplus colonies. After the end of a paid package, colonies above the limit are removed from the Service once the transition period under Section 9.7 has expired; the User receives a backup file beforehand.

2.6. Add-on products: media package

The User can add the media package to a paid package booked in the web application. It increases the limits for photos and voice notes to 10 per hive card, 20 per colony and 20 per apiary. The media package ends with the package for which it was booked and does not renew. If the User buys the package again, he or she can add the media package again for the new term. If the media package ends while the package continues, the stored photos and voice notes remain accessible; new ones can only be added once the number falls below the limit of the package. If it ends together with the package, Section 9.7 applies.

2.7. Add-on products: supporter contribution

The User can support iBeekeeper with a supporter contribution independently of a package. The supporter contribution can only be booked in the web application. In return, iBeekeeper shows the User a supporter badge in his or her profile for the duration of one year, which only the User can see. The supporter contribution does not change the range of functions or the limits of the package. The supporter contribution is a consideration subject to VAT and not a charitable gift in the tax sense; no receipt for tax-deductible gifts (Zuwendungsbestätigung) is issued, the User receives an invoice. The contract for the supporter contribution runs for one year and then ends automatically without having to be cancelled; iBeekeeper reminds the User by e-mail in good time before expiry of the possibility to support again. At the User’s express request, iBeekeeper names the name chosen by the User on its website as a supporter; the User can revoke this consent at any time in the web application.

2.8. Assistant iBee and other AI functions

The Service contains functions that work with artificial intelligence, in particular the assistant iBee (chat, conversion of voice notes into text, analysis of photos, suggestions for entries). These functions are labelled as AI in the application. Their answers are generated automatically, may be incomplete or incorrect and are suggestions. They do not replace veterinary, legal or tax advice; in particular, for treatments with veterinary medicinal products, only the package leaflet and the instructions of the veterinarian apply. Suggestions are only adopted once the User confirms them. iBeekeeper may set reasonable usage limits per package for AI functions. Which providers process the data for this purpose is set out in the privacy policy.

2.9. Further development and changes to the Service

iBeekeeper continuously develops the Service. iBeekeeper may change the Service if there is a valid reason for doing so, in particular to adapt it to a new legal situation, to changed technical conditions (e.g. new operating system or browser versions), for the security of the Service or if a function is replaced by an equivalent one. The User incurs no additional costs as a result of the change.

If a change impairs the User’s access to the Service or its usability more than only insignificantly, iBeekeeper informs the User in text form at least six weeks in advance of the nature and timing of the change. If the User is a consumer, he or she may in this case cancel the contract free of charge within 30 days of receipt of the information or of the change, if the latter occurs later; remuneration paid in advance for the period after termination is refunded pro rata. The right to cancel does not exist if access to the unchanged Service is maintained without additional costs.

2.10. Updates

Throughout the entire term of the contract, iBeekeeper provides the User with the updates necessary to keep the Service in conformity with the contract, including security updates, and informs the User about them. Updates to the apps are distributed via the app stores. If the User does not install an app update provided within a reasonable period, iBeekeeper is not liable for a lack of conformity resulting solely from the absence of this update, provided that iBeekeeper has informed the User of the consequences.

2.11. Availability

iBeekeeper aims for an availability of the Service of 98% on an annual average. This excludes announced maintenance work, which iBeekeeper schedules for periods of low usage wherever possible, as well as outages for which iBeekeeper is not responsible (e.g. force majeure, disruptions of third-party networks). iBeekeeper may temporarily block the Service if this is necessary to avert an acute security threat. The User’s statutory rights in the event of defects remain unaffected.

2.12. Help and support

The User can send questions and error reports by e-mail to service@ibeekeeper.de or via the reporting function in the application. iBeekeeper processes them within a reasonable period. iBeekeeper does not owe telephone support, training or a printed manual. Statutory rights in respect of defects remain unaffected.

2.13. References to third-party offers

The Service may contain references to products and offers of third parties, for example beekeeping supplies or suitable devices. If iBeekeeper receives remuneration for such a reference, for example as commission on a purchase via a partner link, the reference is labelled as advertising or as a partner link. Contracts for these offers are concluded exclusively between the User and the respective provider.

3. Prices and payment

3.1. Prices

The prices displayed to the User during the ordering process apply. All prices are final prices including statutory VAT. If the User is a trader established in another Member State of the European Union and provides a valid VAT identification number, or if the User is domiciled or established outside the European Union, invoicing is without German VAT; this is pointed out during the ordering process.

The packages are offered with a term of one year. The remuneration for the term is payable in advance in a single amount. Each further term is a new purchase.

The media package costs EUR 12.00 per contract year; if it is booked during a running term of the package, it is charged to the exact day until the end of that term, but at least EUR 1.00. The supporter contribution amounts, at the User’s choice, to EUR 12.00, EUR 24.00 or EUR 60.00 for one year, in each case including VAT.

3.2. Due date and invoice

The remuneration is due upon conclusion of the contract, even if the package only starts later, for example following a current term. iBeekeeper issues an invoice as a PDF, sends it to the e-mail address stored in the account and makes it available in the application under “Invoices”.

3.3. Payment

Payments in the web application are processed via the payment service Mollie B.V. The available payment methods are displayed during the ordering process. If the User granted a SEPA direct debit mandate for an earlier purchase, he or she can use it again for a new purchase; only the amount of the respective purchase that the User confirmed during the ordering process is collected. iBeekeeper communicates the amount and due date of the collection in the order overview and in the order confirmation; the period for this pre-notification is shortened to one day. There is no direct debit collection for renewals, because packages do not renew. For purchases via Apple’s App Store or Google Play, their payment terms apply.

3.4. Price changes

Price changes only apply to future purchases. Current terms that have already been paid for remain unaffected. Because paid packages do not renew and each further term is a new purchase, the price displayed at the time of the respective purchase applies to them; no separate consent to price changes is required.

3.5. Default in payment

If the User is in default of payment, iBeekeeper may, after a reminder setting a reasonable period of at least two weeks and pointing out the consequence, restrict access to the range of functions of the free package until payment has been received. The right to extraordinary cancellation and statutory claims arising from default remain unaffected. The User’s data are retained and remain exportable during this time.

3.6. Set-off and retention

The User may only set off claims that are undisputed or have been established with final and binding effect or that are closely reciprocal to iBeekeeper’s claim. If the User is a trader, he or she may only assert a right of retention on account of claims arising from the same contract. Statutory rights of consumers to refuse performance and to retain remain unaffected.

4. Obligations of the User

4.1. Lawful use

The User uses the Service only within the framework of the law and these T&Cs. The User does not infringe any rights of third parties, in particular no copyrights, trade mark rights or personality rights, and complies with data protection rules when storing personal data of third parties (e.g. customers in the cash book and in invoices, fellow beekeepers).

4.2. Prohibited content and actions

The User is prohibited from
(a) posting or disseminating content that is unlawful, insulting, defamatory, pornographic, glorifies violence or is harmful to minors,
(b) posting content for which he or she does not hold the necessary rights,
(c) harassing other users, in particular through unsolicited advertising,
(d) querying or loading the Service by automated means, except via the interfaces and apps provided by iBeekeeper and to the extent provided for there,
(e) circumventing security measures or accessing other people’s accounts.

4.3. Information provided during registration, display name

The information required for the contract and billing (e-mail address and, for paid packages, billing name and billing address) must be accurate and kept up to date. For display to other users and in the Knowledge Base, the User may choose a name or a pseudonym; in doing so, the User must not pretend to be another person or another company.

4.4. Access data

The User keeps his or her password and other access data (e.g. interface keys) secret and informs iBeekeeper without undue delay if he or she suspects misuse. iBeekeeper never asks the User for his or her password.

4.5. Profile picture

If the User uploads a profile picture, he or she must hold the rights to it; if it shows other persons, the User needs their consent.

4.6. Data backup

iBeekeeper backs up the data of the Service regularly. The User is recommended to additionally back up important data, in particular tax-relevant documents, himself or herself via the export (Section 9.7).

4.7. Tax-relevant data

It is the User’s responsibility to retain the data relevant under tax and commercial law in accordance with the statutory requirements, in particular under §§ 145 to 147 of the German Fiscal Code (Abgabenordnung) and §§ 238 and 257 of the German Commercial Code (Handelsgesetzbuch).

iBeekeeper supports the User in this: entries in the cash book and the point of sale as well as outgoing invoices are kept with a change log, which shows the original content of an entry and the time and author of a change. Outgoing invoices are filed as an unalterable file when they are created and provided with a checksum, so that any subsequent alteration becomes recognisable. Entries and invoices are not deleted but cancelled.

It is for the User and his or her tax adviser to assess whether the specific use of the Service meets the User’s tax requirements. iBeekeeper gives no warranty for this and does not owe any tax advice.

4.8. Third-party personal data and data processing

If the User stores personal data of third parties in the Service for purposes that go beyond purely personal or household activities, for example customer data in the cash book and in invoices, the User is the controller for these data under data protection law and iBeekeeper processes these data as processor. In this case, the data processing agreement pursuant to Art. 28 GDPR applies, which is available at https://www.ibeekeeper.de/de/auftragsverarbeitung and is agreed upon booking a package or using these functions.

4.9. System requirements

The web application requires an up-to-date browser (e.g. Chrome, Edge, Firefox or Safari in one of the two latest major versions) with JavaScript enabled; the apps require a supported version of iOS or Android, as stated in the respective store. The User bears the costs of the internet connection.

5. User data, content and reports

5.1. User data

The data that the User enters into the Service or that are generated for the User in the process (e.g. colonies, hive cards, storage and point-of-sale data, photos, sensor data; together “User Data”) belong to the User. iBeekeeper treats them confidentially and uses them only to provide the Service and, in anonymised, aggregated form, for error analysis, further development and regional comparisons, as described in the privacy policy. The User can object to inclusion in regional comparisons in the settings.

5.2. Data protection

How iBeekeeper processes personal data is set out in the privacy policy at https://www.ibeekeeper.de/de/datenschutzrichtlinie/ and in the application under “Settings”, “Legal”.

5.3. Shared and published content

If the User shares colonies or other content with other users, creates a public link or provides photos or texts for the Knowledge Base, the User grants iBeekeeper the simple rights of use necessary for display to the selected recipients or to the public. For photos in the Knowledge Base, the conditions displayed there (“Your photos in the Knowledge Base”) apply in addition. The User can withdraw shares and public links at any time.

5.4. Reporting illegal content and moderation

Any person can report content in the Service that he or she considers illegal or a breach of these T&Cs via the “Report” function or by e-mail to service@ibeekeeper.de. The report should identify the content precisely, state reasons and, except in the case of certain criminal offences, contain the name and e-mail address. iBeekeeper confirms receipt, examines the report in a timely, diligent and objective manner and communicates its decision.

iBeekeeper examines public content upon a report and may check it on a random basis. Decisions on measures are always taken by a human being; iBeekeeper does not use automated tools for this. Possible measures are the removal or hiding of content, the revocation of a public link or a share and, in the case of serious or repeated infringements, the partial or complete suspension of the account.

If iBeekeeper takes such a measure, iBeekeeper informs the affected User of it with a statement of reasons. The User and the person who submitted the report can object to the decision within six months by e-mail to service@ibeekeeper.de; iBeekeeper then reviews it again. Recourse to the courts remains open.

5.5. Point of contact

The single point of contact for authorities, the European Commission and users under Articles 11 and 12 of the Digital Services Act is service@ibeekeeper.de. Communication is possible in German and English.

6. Rights in the event of defects

6.1. Rights of consumers in the event of defects

If the User is a consumer, the statutory warranty law for digital services applies (§§ 327 et seq. BGB). The service description of the booked package (Section 2.1) is decisive for conformity with the contract.

6.2. Rights of traders in the event of defects

If the User is a trader, the following applies in addition: the User reports defects without undue delay with a comprehensible description. iBeekeeper remedies defects within a reasonable period; in doing so, iBeekeeper may provide a workaround if the cause can only be remedied with disproportionate effort and usability is not significantly impaired. Strict liability for defects that already existed at the time the contract was concluded (§ 536a(1), first alternative, BGB) is excluded. Claims for defects become time-barred one year after the beginning of the statutory limitation period; this does not apply to claims for damages under Section 8.1 or in the event of fraudulent intent.

7. Indemnification

7.1. Indemnification

If a third party asserts a claim against iBeekeeper on account of content or an action of the User that violates the law or these T&Cs, the User indemnifies iBeekeeper against this claim, including reasonable costs of legal defence, to the extent that the User is responsible for the violation. iBeekeeper informs the User without undue delay, does not make any acknowledgement without the User’s consent and gives the User the opportunity to participate in the defence.

8. Liability

8.1. Unlimited liability

iBeekeeper is liable without limitation in the event of intent and gross negligence, for damage resulting from injury to life, body or health, in the event of assumption of a guarantee, in the event of fraudulent concealment of a defect and under the German Product Liability Act (Produkthaftungsgesetz).

8.2. Liability for slight negligence

In the event of a slightly negligent breach of an essential contractual obligation, iBeekeeper’s liability is 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 User may regularly rely, for example the obligation not to lose the User Data. Otherwise, liability for slight negligence is excluded.

8.3. Free use and test functions

During the use of the free package or the trial period, iBeekeeper is liable, except in the cases of Section 8.1, only for intent and gross negligence. The same applies to functions that are expressly labelled in the application as a test function (“Beta”).

8.4. Employees and agents

The limitations of liability in this Section 8 also apply in favour of iBeekeeper’s employees, representatives and vicarious agents.

9. Term, cancellation and change of package

9.1. Free package

The contract for the free package runs for an indefinite period. The User can end it at any time without notice by deleting his or her account in the application under “Settings” or by giving cancellation to iBeekeeper in text form. iBeekeeper can cancel the contract for the free package in text form with one month’s notice. If the User has not logged in for more than 24 months, iBeekeeper may delete the account after announcing this by e-mail with a notice period of at least two months if the User does not log in within this period; data subject to statutory retention obligations are instead anonymised or blocked until the end of the obligation.

9.2. Term of paid packages

A paid package runs for the term chosen when ordering and then ends automatically, without needing to be cancelled. It does not renew, and no remuneration is charged or collected for a further term. This also applies to packages purchased before this version. The same applies to the media package.

iBeekeeper reminds the User in good time before the end of the term by e-mail and in the application and sends him or her a link with which the package can be purchased again. A new purchase is a new contract. If it is concluded before the end of the current term, the new term begins at the end of the current term, so that there is no gap and no period is paid for twice; otherwise it begins upon conclusion of the contract.

For packages purchased via Apple’s App Store or Google Play, renewal and cancellation are governed by the terms of the respective store; cancellation is made there in the subscription settings.

9.3. Cancellation by the User

The User can cancel a paid package or an add-on product
(a) via the button “Cancel contracts here”, which is permanently available and easily accessible on the website and in the application, also without logging in,
(b) in the application under “Settings”, “Package”, or
(c) in text form, for example by e-mail to service@ibeekeeper.de or by letter.
Because paid packages and add-on products end anyway upon expiry of their term, an ordinary cancellation takes effect at the end of the current term; this also applies to a package already purchased whose term only begins later. Remuneration paid in advance is not refunded pro rata (Section 9.6). iBeekeeper confirms receipt of the cancellation without undue delay in text form, stating the date and the time at which the contract ends. The cancellation of the package includes the media package. Cancellations via the button or in text form are possible without logging in and are also processed if they do not contain a customer number, provided that the contract can be clearly identified from the information given.

9.4. Change to a larger package

The User can change to a larger package in the application at any time. The new package starts immediately with a new term. The unused portion of the remuneration for the previous package is credited to the exact day. A running media package is carried over.

9.5. Change to a smaller package

The User can purchase a smaller package at any time; it begins at the end of the current term. Until then, the previous package remains in place.

9.6. No pro rata refund

If the User ends the use of a paid package or add-on product before the expiry of the term, for example by cancellation or by changing to the free package, the remuneration paid in advance is not refunded pro rata. The right of withdrawal (Section 10), statutory rights, in particular in the event of defects and under Section 2.9, and the right to extraordinary cancellation remain unaffected. If iBeekeeper cancels with ordinary notice before the expiry of a paid term, iBeekeeper refunds the portion attributable to the remaining period.

9.7. Data after the end of a paid package and export

(1) When a paid package or the trial period ends, the account is continued in the free package; its limits apply, and Section 2.5 applies to colonies above the limit. The same applies accordingly when changing to a smaller package.

(2) iBeekeeper retains data exceeding the scope of the new package unchanged for a further 90 days from the end of the paid package (transition period). These are colonies above the permitted number and archived colonies, in each case with all entries on them (e.g. hive cards, treatments, feedings, harvest shares, measured values), photos and voice notes above the limits of the package, and documents above the permitted number. Which colonies remain is determined by the selection under Section 2.5. If the User books a sufficient package during the transition period, everything is retained. The transition period does not begin during a default in payment under Section 3.5.

(3) iBeekeeper notifies the User of this by e-mail and in the application at least 30 days and again 7 days before the transition period expires. After it expires, iBeekeeper creates a backup file of the account data, makes it available for download for 90 days and then removes the data under paragraph (2) from the Service. After booking a sufficient package again, the User can restore the backup file. After the 90 days have expired, the backup file is deleted.

(4) Entries in the cash book and the point of sale, outgoing invoices and supplier invoices with their receipts (Section 4.7) are not removed. Records of treatments of removed colonies are retained until the end of the statutory retention period. Compliance reports that are only available with a package (Section 2.3) remain accessible until the end of the transition period.

The User can export his or her User Data at any time, in every package and without additional remuneration, in a commonly used, machine-readable format. Which data the export covers is set out in Section 9.9.

If the account is deleted, iBeekeeper deletes the User Data after the expiry of a period of 14 days during which the deletion can be reversed; data subject to a statutory retention obligation are anonymised or blocked. Photos published by the User in the Knowledge Base remain in place in accordance with the conditions agreed there. The rights of access and to data portability under the GDPR remain unaffected.

9.8. Cancellation by iBeekeeper

iBeekeeper can cancel a paid package or add-on product with ordinary notice of one month; iBeekeeper refunds pro rata the remuneration attributable to the period after the end of the contract (Section 9.6). The right of both parties to extraordinary cancellation for good cause remains unaffected; good cause for iBeekeeper exists in particular in the event of serious or repeated breaches of Section 4.2.

9.9. Data export and switching to another provider

(1) Exportable data. All data that the User enters or that are generated for the User through his or her use are exportable and transferable when switching, namely: colonies including empty weight, groups, apiaries with coordinates and the assignment of colonies to apiaries, hive cards and forms, treatments, feedings, harvests, weighings, varroa counts, diseases, ratings, queen breeding, tasks, storage, photos, voice notes and their transcripts, documents, sensors and hive scales with their measured values, cash book with receipts, outgoing invoices, supplier invoices and iBeekeeper’s invoices to the User. The only exceptions are data that serve solely the internal operation of the Service and contain no content of the User, namely access data and password verification values, session and device identifiers, technical logs, caches and calculated values for cost and usage limits; their absence does not hinder switching.

(2) Format and assistance. iBeekeeper provides the export as a ZIP file with files in JSON format as well as the original files (photos, voice notes, documents, receipts), and also the documented interface. The data formats are described at https://www.ibeekeeper.de/de/infrastruktur. iBeekeeper provides the User and third parties commissioned by the User with reasonable assistance during switching, gives the User all the information necessary for this, ensures the security of the data during switching and informs the User of known risks to continuity of service.

(3) Switching request and time limits. The User can at any time request in text form, for example by e-mail to service@ibeekeeper.de, to switch to another provider or to his or her own systems or to have his or her data deleted. The request is deemed to be a cancellation with a notice period of two months, also during a current term; if the term ends earlier, the contract ends with it. Section 9.6 applies. The notice period is followed by a transitional period of no more than 30 calendar days during which the Service continues to the previous extent and the switch is carried out; the User may extend the transitional period once by a period that he or she considers appropriate. If the transitional period is technically unfeasible, iBeekeeper notifies the User of this, stating reasons, within 14 working days of the request and specifies an alternative transitional period of no more than seven months.

(4) End of the contract, retrieval and deletion. The contract ends as soon as the switch has been completed or, if the User only requests deletion, upon expiry of the notice period; iBeekeeper informs the User of the end. Thereafter, the User can retrieve his or her data for at least 30 calendar days. After the expiry of this period, iBeekeeper completely deletes all exportable data of the User, unless there is a statutory retention obligation. If the User cancels a paid package without requesting switching or deletion, Section 9.7 applies: the account is continued in the free package.

(5) Charges. iBeekeeper does not charge anything for export, switching and deletion.

(6) Infrastructure. Information on the location of the servers, the jurisdiction to which the infrastructure is subject and the measures against unlawful governmental access is available at https://www.ibeekeeper.de/de/infrastruktur.

10. Right of withdrawal for consumers

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (iBeekeeper UG (haftungsbeschränkt), Lessingstraße 4, 15345 Altlandsberg, Germany, telephone: +49 33438 151134, e-mail: service@ibeekeeper.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at https://webapp.ibeekeeper.de/widerrufen or in the application via the “Withdraw from contract” button. If you use this online function, we will communicate to you without undue delay on a durable medium (e.g. by e-mail) an acknowledgement of receipt containing information on the content of the statement of withdrawal and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects 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 14 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.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of instructions on withdrawal

The right of withdrawal is available only to consumers. For packages purchased in Apple’s App Store, Apple’s withdrawal and refund rules apply; withdrawal must be declared there.

11. Dispute resolution and final provisions

11.1. Consumer dispute resolution

iBeekeeper is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If a dispute with a consumer cannot be settled, iBeekeeper names the competent consumer arbitration board to the consumer in text form (§ 37 VSBG).

11.2. Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer, this choice of law applies only insofar as it does not deprive the User of the protection afforded by the mandatory provisions of the law of the state of his or her habitual residence.

11.3. Place of jurisdiction

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 the contract is iBeekeeper’s registered office. iBeekeeper may also bring an action at the User’s registered office.

11.4. Declarations by e-mail

iBeekeeper may make declarations to the User by e-mail to the address stored in the account. The User keeps this address up to date.

11.5. Deviating terms

Deviating, conflicting or supplementary general terms and conditions of a User who is a trader do not become part of the contract, even if iBeekeeper does not expressly object to them.

11.6. Invalid provisions

If individual provisions of these T&Cs are invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions.

Status: Version 5. It applies to contracts concluded from its publication onwards, and thus also to every new purchase of a package or add-on product. For Users who already had a contract before, it applies from 1 December 2026 if they have consented to it in accordance with Section 1.7; until then and without consent, the previous version applies to them. Irrespective of this, paid packages and media packages no longer renew automatically (Section 9.2).