Terms of Service

1. Acceptance of Terms

Welcome to Konrad Lorenz Development. These Terms of Service (“Terms”) govern your use of our website, services, and applications, including the FriendHub application (“Services”). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time with reasonable notice. Material changes will be communicated through our website, email notification, or within our applications. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

For significant changes affecting your rights or obligations, we will provide at least 30 days advance notice where technically feasible and legally required.

2. Description of Services

Konrad Lorenz Development provides professional software development services, including:

• Custom web application development
• Mobile application development
• Software consulting and technical advisory services
• FriendHub application development and support
• Maintenance and support services
• Technical documentation and training

2.1 FriendHub Application Features

The FriendHub application offers both free and paid features clearly distinguished within the application:

• Free Features: Basic friend management, core functionality, and essential features as specified in the app
• Paid Subscription Features: Premium functionality, advanced features, enhanced capabilities, and additional tools as detailed within the application

Billing and Auto-Renewal Terms

Paid subscriptions are billed according to the selected plan (monthly/annually) with automatic renewal unless cancelled before the renewal date. Users will be charged through their chosen platform (App Store/Google Play Store) according to platform billing policies. Users can manage subscription settings through their respective app store accounts or by contacting us directly.

Trial and Beta Access

We may offer trial versions or beta access to new features. Such access may be limited in duration or functionality and is provided “as is” without guarantees of functionality, performance, or continued availability.

Beta/Trial Disclaimer: You acknowledge that beta and trial features may contain bugs, errors, or cause crashes. Any data loss, service interruptions, or technical issues during trial or beta use are not compensable. We recommend backing up important data before using beta features.

3. User Accounts and Registration

3.1 Age Restrictions

You must be at least 16 years of age to use our Services. If you are between 16 and 18 years old, you may only use our Services with the consent of a parent or legal guardian. We do not knowingly collect personal information from children under 16. If we become aware that a user is under 16, we will terminate their account and delete their personal information.

3.2 Account Requirements

To access certain features of our Services, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account
• Use your account in compliance with these Terms
• Maintain only one account per person unless expressly permitted

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Interfere with or disrupt our Services
• Attempt to gain unauthorized access to our systems
• Use our Services for commercial purposes without authorization
• Reverse engineer or attempt to extract source code
• Copy, modify, distribute, or create derivative works of our software
• Redistribute or resell our Services without permission

4.1 FriendHub Personal Use Restriction

Users may only use FriendHub for personal, non-commercial purposes. Commercial use requires a separate agreement with Konrad Lorenz Development. This restriction protects our intellectual property while allowing us flexibility for future commercial licensing arrangements.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and design, are owned by Konrad Lorenz Development and are protected by copyright, trademark, and other intellectual property laws.

5.2 Client Work Product

For custom development projects, intellectual property ownership will be defined in separate project agreements. Generally:

• Custom code delivered to clients may be used by the client according to the project agreement
• Pre-existing tools, frameworks, libraries, and methodologies remain our property
• Clients receive a license to use pre-existing tools as part of the project deliverables
• We retain the right to use general knowledge and experience gained from projects

Note: For commercial clients, specific licensing and intellectual property terms are detailed in individual project agreements to prevent ambiguity and ensure clear ownership rights.

5.3 FriendHub Application

The FriendHub application and all related intellectual property are owned by Konrad Lorenz Development. Users are granted a limited, non-exclusive license to use the application in accordance with these Terms. Users are specifically prohibited from:

• Copying, modifying, or creating derivative works of the application
• Reverse engineering, decompiling, or attempting to extract source code
• Distributing, sublicensing, or transferring the application to third parties
• Removing or altering any proprietary notices or labels
• Using the application for any commercial purposes without express written permission

6. Payment Terms

For paid services, the following payment terms apply:

• Payment terms will be specified in individual project agreements
• Invoices are due within 30 days of receipt unless otherwise specified
• Late payments may incur interest charges and may result in service suspension
• We reserve the right to terminate services for non-payment
• Prices are subject to change with advance notice
• All payments must be made in the currency specified in the invoice

6.1 Refund Policy and Consumer Rights

EU Consumer Rights: In accordance with EU consumer protection laws, consumers have the right to withdraw from digital subscription purchases within 14 days of purchase. However, by using paid subscription features, you expressly agree to the immediate provision of digital services and acknowledge that your right of withdrawal expires once you begin using the paid features.

For custom development projects, refund terms will be specified in the individual project agreement and will comply with applicable consumer protection laws.

Platform Policies: Refunds for app store purchases (App Store/Google Play Store) are also subject to the respective platform’s refund policies and applicable law.

6.2 Auto-Renewal and Cancellation

Subscription services will automatically renew unless cancelled before the renewal date. Where technically feasible, we will provide advance notification of upcoming renewals through the app or via email. Subscriptions may be cancelled at any time before renewal via the respective app store (App Store/Google Play Store) or by contacting us directly at Info@klzdev.com.

Users can manage subscription settings through their respective app store accounts or by contacting us directly. It is your responsibility to cancel before the renewal date if you do not wish to continue the subscription.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, available at www.klzdev.com/privacy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

7.1 Data Portability and Export Rights

In compliance with GDPR and other applicable data protection laws, you have the right to:

• Request a copy of your personal data in a structured, commonly used format
• Export your data from our Services where technically feasible
• Transfer your data to another service provider (data portability)
• Request correction or deletion of your personal data

Data export requests can be made by contacting us at Info@klzdev.com. We will respond to such requests within 30 days and provide data in JSON or CSV format where applicable.

8. Service Availability and Modifications

We strive to provide reliable Services, but we cannot guarantee uninterrupted availability. We reserve the right to:

• Modify, suspend, or discontinue Services at any time
• Perform maintenance and updates as needed
• Limit access to certain features or users
• Change service specifications with reasonable notice

8.1 Service Level Commitments

While we do not guarantee 100% uptime, we strive to maintain:

• 99% uptime for FriendHub and web services on a monthly basis
• Scheduled maintenance notifications at least 24 hours in advance where possible
• Emergency maintenance with immediate notification when required
• Response to critical service issues within 24 hours during business days

These are targets, not guarantees, and downtime may occur due to factors beyond our control including third-party service dependencies, infrastructure issues, or force majeure events.

8.2 App Updates and Changes

For FriendHub and other applications:

• Automatic updates may be delivered through App Store or Google Play Store
• Updates may change functionality, features, or user interface
• We do not guarantee backward compatibility with older versions
• Continued use of the application after updates constitutes acceptance of changes

We are not responsible for any issues arising from updates, including but not limited to compatibility problems, data loss, or changes in functionality.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

9.2 Application-Specific Disclaimers

For FriendHub and other applications, we do not guarantee uninterrupted service or data integrity. We specifically disclaim liability for:

• Software bugs, errors, or malfunctions
• Service downtime, interruptions, or unavailability
• Data loss, corruption, or unauthorized access
• Compatibility issues with devices, operating systems, or third-party software
• Third-party integrations, services, or platform changes
• Performance issues or slow response times

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, Konrad Lorenz Development shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or revenue, whether arising from contract, tort, negligence, or any other legal theory.

Liability Cap: Our total aggregate liability for any and all claims arising from these Terms or your use of our Services, regardless of the form of action or legal theory, shall not exceed the greater of: (a) the total amount paid by you for the specific service giving rise to the claim in the 12 months preceding the claim, or (b) €100.

Exclusions: Nothing in these Terms limits our liability for: (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or willful misconduct, or (d) any other liability that cannot be excluded or limited under applicable law.

Consumer Rights: EU consumers retain all mandatory rights under applicable consumer protection laws. Where consumer protection laws provide greater protection than these Terms, such laws shall prevail. This includes but is not limited to legal warranty rights, rights of withdrawal, and remedies for non-conforming digital content.

10. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• Government actions, laws, or regulations
• Internet outages or infrastructure failures
• Labor strikes or disputes
• Cyber attacks or security breaches affecting third-party services
• Any other circumstances beyond our reasonable control

11. Support Services

11.1 General Support

Support is provided primarily via email at Info@klzdev.com. We strive to respond to support requests within the following timeframes:

• Critical Issues: Within 24 hours during business days (Monday-Friday, 9 AM - 6 PM CET)
• General Inquiries: Within 2-3 business days
• Feature Requests: Acknowledged within 5 business days
• Billing Questions: Within 1 business day

11.2 Custom Development Support

For custom development projects, we provide comprehensive support including:

• Bug fixes and critical issue resolution for 3 months after project completion
• Documentation and user training as specified in project agreements
• Technical consultation during the warranty period
• Deployment support and initial configuration assistance

After the initial 3-month period, extended support is available on a paid basis as specified in separate maintenance agreements.

11.3 Security and Data Protection Support

We maintain reasonable security measures and will notify users of any security breaches that may affect their data in accordance with applicable laws. Users experiencing security concerns should contact us immediately at Info@klzdev.com with “SECURITY” in the subject line for priority handling.

12. Indemnification

You agree to indemnify, defend, and hold harmless Konrad Lorenz Development, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your infringement of third-party rights
• Any content you submit or transmit

13. Termination

These Terms may be terminated under the following circumstances:

• By You: You may stop using our Services at any time without notice
• By Us: We may terminate or suspend your access immediately for material breach of these Terms
• For Subscriptions: Users can cancel subscriptions at any time as outlined in Section 6.2
• With Notice: Either party may terminate with 30 days written notice for convenience
• Effect of Termination: Termination does not affect completed transactions or accrued obligations
• Survival: Sections relating to intellectual property, payment obligations, disclaimers, limitation of liability, and dispute resolution will survive termination

Upon termination, your right to use our Services will cease immediately. We may, but are not obligated to, delete your account and data. We recommend backing up any important data before termination.

14. User Feedback and Feature Submissions

We welcome feedback, suggestions, and ideas for improvements to our Services. However, by submitting any feedback, suggestions, or ideas (“Feedback”), you agree that:

• Feedback is provided voluntarily and without expectation of compensation
• We may use, modify, and implement Feedback without restriction or obligation to you
• You do not retain any ownership rights in Feedback once submitted
• We are under no obligation to implement or respond to Feedback

15. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or resources. We are not responsible for:

• The availability, content, or practices of third-party services
• Any damages or losses arising from your use of third-party services
• The privacy policies or terms of service of third-party providers
• Any transactions between you and third-party providers

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law principles. For international users, local consumer protection laws may also apply where they provide greater protection.

Any disputes arising from these Terms or your use of our Services will be resolved through the following process:

• Good faith negotiation as the first step (30-day period)
• Mediation through a mutually agreed mediator if negotiation fails
• Binding arbitration as a final resort for business disputes (excluding consumers)
• Court proceedings in Karlsruhe, Germany, for unresolved matters

Consumer Rights: EU consumers retain all rights under applicable consumer protection laws, including the right to bring disputes before the courts of their country of residence or before the competent courts in Karlsruhe, Germany. Mandatory arbitration clauses do not apply to consumers where prohibited by law. Consumers may also access online dispute resolution platforms provided by the European Commission.

17. Terms Accessibility and Compliance

These Terms of Service are made available:

• On our website at www.klzdev.com/terms before any subscription or purchase
• Within the FriendHub application before accessing paid features
• Via app store descriptions and legal information sections
• Upon request via email at Info@klzdev.com
• In accessible formats for users with disabilities upon request

We ensure compliance with:

• App store requirements (Apple App Store and Google Play Store guidelines)
• EU consumer protection laws and digital services regulations
• German commercial law and consumer protection standards
• GDPR and other applicable data protection regulations
• Web Content Accessibility Guidelines (WCAG 2.1) where technically feasible

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific project agreements, constitute the entire agreement between you and Konrad Lorenz Development.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time without notice.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

20. Data Retention and Deletion

Upon termination of your account or cessation of our Services:

• Personal data will be deleted or anonymized in accordance with our Privacy Policy
• Account data may be retained for 90 days to allow for account recovery
• Business records may be retained as required by applicable laws and regulations
• Backup copies may persist in our systems for up to 12 months for technical reasons

You may request immediate deletion of your data by contacting us at Info@klzdev.com, subject to legal retention requirements.