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 Friendshub 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
• Performance optimization and code review services
• Friendshub application development and support
• Maintenance and support services
• Technical documentation and training
• B2B IT hardware procurement and sales

2.1 Friendshub Application Features

The Friendshub 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 Friendshub Personal Use Restriction

Users may only use Friendshub 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 Friendshub Application

The Friendshub 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
• Payment terms may vary by service type and will be specified in individual agreements or service-specific sections (see Section 6.3 for B2B hardware sales)
• Invoices are due within 30 days of receipt unless otherwise specified
• All payments must be made in the currency specified in the invoice (default: EUR)

Late Payment Interest

For B2B transactions, late payments will incur interest charges in accordance with German commercial law (§288 BGB):

• Interest rate: 9 percentage points above the base interest rate (Basiszinssatz)
• Interest accrues from the invoice due date until full payment is received
• Late payments may also result in service suspension or termination
• We reserve the right to terminate services for non-payment after reasonable notice

Price Changes

Prices are subject to change with at least 30 days advance notice. Confirmed orders and active project agreements are protected from price increases. Price quotes are valid for 30 days unless otherwise specified. For B2B hardware sales, prices are fixed upon order confirmation and advance payment.

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.

6.3 B2B IT Hardware Sales

Business-to-Business Transactions: All IT hardware sales are conducted exclusively as B2B transactions between businesses. These terms apply only to commercial customers and do not constitute consumer sales. Consumer protection regulations, including the right of withdrawal, do not apply to B2B transactions.

Definition of Business Customer: A “business customer” (Kaufmann) means a natural or legal person acting in the exercise of their commercial or independent professional activity, including registered businesses (Kaufmann nach HGB), freelancers (Freiberufler), and other entities acting in a commercial capacity. By placing a hardware order, the customer confirms that they are acting as a business customer.

6.3.1 Payment Terms and Advance Payment

All IT hardware orders require full advance payment before procurement begins:

• Payment must be received in full (including material costs and assembly fees) before we begin sourcing components
• Procurement of hardware components will only commence after complete payment has been received and cleared
• Payment terms are specified in individual offers and invoices
• Accepted payment methods will be communicated in the offer
• Failure to pay in advance will result in order cancellation

6.3.2 Reservation of Title (Eigentumsvorbehalt)

All hardware components remain the property of Konrad Lorenz Development until full payment has been received. The customer acquires ownership only upon complete payment of all amounts due, including any additional fees or charges. Until full payment, the customer is obligated to handle the goods with care and may not sell, pledge, or otherwise dispose of them.

6.3.3 Warranty and Liability for Defects

For B2B IT hardware sales, the following warranty terms apply:

• Warranty Period: The warranty period is reduced to 12 months from delivery, in accordance with standard B2B commercial practice
• Warranty Scope: We warrant that hardware components are free from material defects and conform to the specifications agreed upon in the order
• Warranty Claims: Defects must be reported in writing within 14 days of discovery. The customer must provide detailed information about the defect
• Remedies: Our liability is limited to repair, replacement, or price reduction at our discretion. The customer’s right to withdraw from the contract or claim damages is excluded unless we are guilty of intent or gross negligence
• Exclusions: Warranty does not cover damage caused by improper handling, normal wear and tear, modifications, or use outside of specifications

6.3.4 Delivery and Procurement

Delivery terms and timelines:

• Delivery dates are approximate and non-binding unless explicitly agreed in writing as fixed dates
• Procurement begins only after full payment is received and cleared
• Delivery times depend on component availability from suppliers and may vary
• We will inform the customer of any significant delays in procurement or delivery
• Risk of loss or damage transfers to the customer upon delivery to the agreed location
• Assembly and installation services, if included, will be performed according to the agreed specifications (see Section 6.3.8 for detailed installation terms)

Component Substitution

If originally specified components become unavailable or are discontinued by the manufacturer, we reserve the right to substitute equivalent components of equal or better quality and specifications. The customer will be notified of any substitutions before procurement begins. If the customer does not approve the substitution within 5 business days, the order may be cancelled with a full refund. Equivalent components must meet or exceed the original specifications in all material aspects.

6.3.5 Limitation of Liability for Hardware Sales

For B2B hardware transactions, our liability is limited as follows:

• We are not liable for indirect damages, lost profits, or consequential damages unless caused by intent or gross negligence
• Our total liability for hardware defects is limited to the purchase price of the affected components
• We are not liable for damages resulting from the customer’s failure to follow installation or usage instructions
• We are not liable for compatibility issues if the customer did not provide complete specifications or requirements
• Liability for data loss is excluded unless caused by our gross negligence or intent

Mandatory Legal Rights: Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable German commercial law.

6.3.6 Cancellation and Returns (B2B)

As B2B transactions, the following applies:

• No Right of Withdrawal: B2B customers do not have a statutory right of withdrawal
• Order Cancellation: Orders may only be cancelled by mutual written agreement. Cancellation fees may apply if procurement has already begun
• Returns: Returns are only accepted for defective goods covered by warranty or by special written agreement
• Custom Orders: Specially procured or custom-configured hardware cannot be returned unless defective

6.3.7 Force Majeure in Hardware Procurement

We are not liable for delays or failures in delivery due to circumstances beyond our reasonable control, including but not limited to: supplier failures, component shortages, supply chain disruptions, import/export restrictions, or force majeure events affecting our suppliers. In such cases, delivery times will be extended accordingly, and we will inform the customer promptly. This section supplements the general Force Majeure clause in Section 10.

6.3.8 Installation and Assembly Services

If installation or assembly services are included in the order, the following terms apply:

• Scope of Services: Installation services will be clearly specified in the order confirmation. Standard installation includes physical assembly and basic configuration. Advanced configuration, software installation, or integration services may require separate agreement.
• Customer Responsibilities: The customer must provide: (a) suitable installation location with adequate space, power, and environmental conditions; (b) necessary access permissions and credentials; (c) any required network or system information; (d) presence of authorized personnel during installation if required.
• Installation Warranty: Installation work is warranted for 12 months from completion. This covers defects in workmanship but does not extend the hardware warranty period. If installation fails due to customer-provided incorrect information or unsuitable conditions, re-installation may be charged separately.
• Liability During Installation: We are liable for damage to the hardware during installation if caused by our negligence. We are not liable for damage to customer property unless caused by our gross negligence or intent. The customer should ensure adequate insurance coverage for their premises.
• Installation Delays: If installation cannot be completed due to customer-side issues (unsuitable location, missing access, etc.), the customer may be charged for additional installation attempts. We will coordinate installation dates with the customer in advance.
• Remote Installation: If remote installation or configuration is agreed, the customer is responsible for providing secure remote access and maintaining connectivity. We are not liable for issues arising from connectivity problems on the customer’s side.

Installation services are separate from hardware warranty. Hardware defects discovered during installation are covered by the hardware warranty (Section 6.3.3). Installation support requests should be directed to our support services (see Section 11.4).

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 Friendshub 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 Friendshub 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 Friendshub 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

Note: For B2B hardware sales, additional force majeure provisions specific to hardware procurement and supply chain disruptions are detailed in Section 6.3.7.

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.

11.4 Hardware Support and Warranty Claims

For B2B IT hardware sales, the following support and warranty claim procedures apply:

• Warranty Claims: Defects must be reported in writing to Info@klzdev.com within 14 days of discovery, including detailed description of the defect, order number, and photos/videos if applicable. See Section 6.3.3 for warranty terms and coverage.
• RMA Process: For warranty claims requiring return of hardware, we will provide a Return Merchandise Authorization (RMA) number. Hardware must be returned in original packaging when possible. Return shipping costs for warranty claims are covered by us if the claim is valid.
• Response Time: We will acknowledge warranty claims within 2 business days and provide initial assessment within 5 business days. For critical defects affecting business operations, we aim to respond within 24 hours.
• Replacement/Repair: At our discretion, we will repair, replace, or provide price reduction for defective hardware covered by warranty. Replacement hardware will be provided within reasonable timeframes based on component availability.
• Installation Support: For installation-related issues, see Section 6.3.8. Installation support is provided according to the installation warranty terms specified in the order.
• Technical Support: Basic technical support for hardware configuration and troubleshooting is included for 3 months after delivery. Extended support may be available under separate maintenance agreements.
• Out-of-Warranty Support: Support for hardware outside the warranty period is available on a paid basis. We will provide cost estimates before performing out-of-warranty repairs or support.

Hardware support requests should be directed to Info@klzdev.com with “HARDWARE SUPPORT” in the subject line. Please include your order number and detailed description of the issue for faster processing.

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 Friendshub 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.