General Terms and Conditions (GTC)

These Terms and Conditions apply to the use of the Service and access to this Application, and any other related agreement or legal relationship with the Provider in a legally binding manner. Defined terms are listed in the relevant section of this document.

Users are requested to carefully read this document.

Although the contractual relationship associated with the Products is established exclusively between User and Provider, the User acknowledges and accepts, in cases where this Application was obtained through the Apple App Store, that Apple may enforce these Terms and Conditions as a third-party beneficiary.

These Terms and Conditions do not establish an employment, agency, or partnership relationship between the parties involved.

This Application is offered by:

The essentials at a glance

It should be noted that individual provisions of these Terms and Conditions may only apply to certain user categories, for example only to Users who are not acting as Consumers. Such limitations of scope are explicitly mentioned in each affected clause. If such a notice is missing, the clause applies to all Users.

Product subscriptions are automatically renewed through this Application. Information on a) the renewal period, b) cancellation, and c) the cancellation notice can be found in the relevant section of these Terms and Conditions.

Terms of Use

Scope and User Base

These Terms and Conditions apply to all contracts between CYTE Technologies AG (hereinafter "Provider") and its customers regarding the use of the Application described in this document and the associated Services.

The Provider's offer is exclusively directed to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special assets under public law. It is not directed to consumers within the meaning of § 13 BGB.

By creating an account and accepting these Terms and Conditions, the customer confirms that they are acting in their capacity as an entrepreneur. The Provider is entitled to request appropriate proof of entrepreneur status.

Terms of Use and User Obligations

Subject: These Terms of Use govern the use of this Application and the Services offered therein by the customer. By creating an account, the customer bindingly agrees to these terms.

Account Creation and Confidentiality:

To use this Application, the customer must create an account and sign in. The customer is obligated to provide truthful and complete information during registration.

The customer is solely responsible for keeping their access credentials (especially the password) confidential. They shall take the necessary measures to prevent unauthorized use of their account and will immediately inform the Provider if there is suspicion that their account has been misused by third parties.

General Usage Obligations:

The customer is responsible for ensuring that their use of the Application does not violate applicable law or the rights of third parties.

The customer is prohibited from using the Service through automated means (such as bots or scripts) that could impair the functionality of the Service.

Termination

Users can terminate their account at any time by using the corresponding options in their account settings.

Contact the Provider

Blocking and Deletion The Provider reserves the right to block or delete user accounts if Users violate these Terms and Conditions, or if Users misuse the Services of this Application.

Available Content The content available on this Application is provided by the Provider and its partners.

The Provider assumes no responsibility for the legality or ownership claims of content provided by third parties.

Content Rights The Provider holds all rights to the content available on this Application, unless expressly stated otherwise.

Users may only use this content within the scope of the Services offered on this Application.

The Provider grants Users, within the scope of the Services offered on this Application, a non-exclusive, revocable license to use the content of this Application, subject to compliance with the Terms and Conditions and applicable laws.

User Content

Users are solely responsible for their own content and the consequences of its publication.

Users confirm and warrant that they have all necessary licenses and permissions for publishing their content on this Application.

Users confirm and warrant that their content does not violate laws (including copyright and trademark rights).

Users confirm and warrant that their content is not harmful, illegal, threatening, obscene, racist, or offensive in any way.

In particular, Users may not publish content that:

• is forged or misleading and serves to deceive or defraud other Users
• constitutes advertising or commercial activities without the Provider having expressly permitted this
• contains private information of third parties without the third party and the Provider having expressly permitted this
• contains viruses, malware, or other harmful software
• can be classified as spam
• is sexually explicit or promotes violence

Content Removal The Provider reserves the right to remove content from this Application without prior notice or explanation.

External Resources

This Application may contain links to external resources that are not provided by the Provider.

Permitted Use

This Application and the Service may only be used as intended and in accordance with these Terms and Conditions as well as in accordance with the applicable legal provisions.

Users are themselves responsible for ensuring that their access to this Application and/or their use of the Service does not violate any legal provisions, regulations, or rights of third parties.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the Service, terminating contracts, reporting objectionable actions taking place via this Application or the Service to the competent authorities – such as judicial or administrative authorities – if Users demonstrably or presumably:

• violate legal provisions, regulations, or these Terms and Conditions; or
• violate the rights of third parties; or significantly impair the legitimate interests of the Provider; or insult the Provider or a third party.

Software License

All rights to the software or technical solutions on which this Application is based belong exclusively to the Provider and/or its licensors.

Provided that the User complies with these Terms and Conditions, the Provider grants the User for the duration of the valid contractual relationship a simple, non-sublicensable, and non-transferable right to use the software and associated solutions. The use is limited to the purpose arising from the Service and these Terms and Conditions.

The right of use granted to the User ends automatically upon termination of the contract, regardless of the reason.

A right to access or use the source code is expressly not granted.

The Provider reserves the right to provide updates, bug fixes, and further developments for this Application. The User may be required to install such updates to continue using the Application. New versions with significant feature enhancements may only be available for a fee.

Sales Terms

Paid Licenses

Some of the usage licenses available through this Application as part of the Service are subject to fees, particularly access to the neco Corporate CMS at necoweb.de.

Prices, terms, and other conditions applicable to the purchase of such licenses are described below. For the rest, reference is made to this Application and to the respective designated sections.

Description

Prices, descriptions, and availability of license models can be viewed in the corresponding sections of this Application. Although license models are presented with the technically greatest possible care, representations of any kind (including graphical representations, images, colors) serve only as a reference and do not constitute a guarantee regarding the characteristics of the acquired license. The features of the selected license will be explained during the purchase process.

Purchase Process

All steps from selecting a license to placing the order are part of the purchase process.

The purchase process includes the following steps:

1. The User selects the desired license from the range and reviews their own selection.
2. After reviewing the selection details, the User can place the order by submitting it to the Provider.

Placing the Order

When the User places an order, the following applies:

Upon placing the order, the contract is concluded. Placing the order therefore establishes for the User the obligation to pay the price, taxes, and any additional fees and expenses according to the information on the order page.

If the purchased license requires active input of information, such as personal information or data, specifications or special requests, placing the order establishes an obligation for the User to cooperate accordingly.

After placing the order, Users receive an acknowledgment of receipt.

Pricing

Users are informed during the purchase process and before placing the order about all fees, taxes, and costs they are liable for. The prices displayed on this Application are generally gross prices, which already include the statutory value-added tax. If net prices are exceptionally displayed, this is explicitly indicated. In the final order step and on the invoice, the net amount, value-added tax, and gross amount are transparently stated.

Price Changes The Provider is entitled to adjust the prices for paid licenses and subscriptions at its reasonable discretion to offset the effects of cost changes. Such cost changes may result in particular from changed costs for the technical infrastructure, personnel, or distribution.

A price change will only take effect for the respective following contract period. The Provider will inform the customer of a planned price change at least six (6) weeks before its effective date in text form (e.g., by email).

In the event of a price increase, the customer has a special right of termination. They can terminate the contract extraordinarily until the price increase takes effect. If the customer does not exercise this right, the price increase is deemed approved. The Provider will separately inform the customer in the announcement of the price increase about this right of termination and the consequences of a failure to object.

Payment Methods

Information on accepted payment methods is provided during the purchase process.

Fees for the selected plan will be charged to the User. Selection of the plan is implied through the registration of Users in the neco CMS by the customer.

Billing is done monthly through the payment service provider Stripe. Furthermore, the terms of the payment provider apply, available at https://stripe.com/de-us/legal/end-users

Retention of Title The ordered licenses only pass into the ownership of the User upon receipt of payment of the entire purchase price by the Provider.

Maintenance of Usage Rights Users do not acquire usage rights to the purchased product until receipt of payment of the entire purchase price by the Provider.

Contractual Right of Withdrawal The Provider grants Users a contractual right to withdraw from the contract under the conditions described in the respective section about this Application within 30 days after conclusion of the contract.

Delivery

Provision of Digital Content

Unless otherwise stated, digital content acquired through this Application is provided via the web or transferred by download to devices selected by Users.

Users acknowledge and accept that the device(s) intended for downloading and/or using the Product/License and the respective software (including the operating systems and browsers) must be legal, commonly used, and current and must comply with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

Contract Duration

Subscriptions

Subscriptions allow Users to receive a product continuously or regularly over a specified period.

Paid subscriptions begin on the day of payment receipt by the Provider.

To maintain subscriptions, Users must pay the required recurring fee on time. Otherwise, service interruptions may occur.

Fixed-term Subscriptions

Paid fixed-term subscriptions begin on the day of payment receipt by the Provider and have the term selected by the User or specified at the time of order.

After the subscription term expires, the product is no longer accessible unless the User renews the subscription by paying the corresponding fee.

Fixed-term subscriptions cannot be terminated early. They end upon expiration of the subscription term.

Automatic Renewal

Subscriptions are automatically renewed using the payment method selected by the User at the time of purchase, unless the User cancels the subscription within the cancellation periods specified in the respective section of these Terms and Conditions and/or via this Application.

The term of the renewed subscription corresponds to the original term.

The User will receive a reminder of the upcoming renewal with reasonable advance notice. This includes instructions on how to disable automatic renewal.

Termination

Recurring subscriptions can be canceled at any time by clear and unambiguous notice of cancellation to the Provider by the end of the following month. For this purpose, Users must use the contact details provided in this document, or – if possible – the corresponding controls provided via this Application.

Cancellation Notice

If the cancellation notice is received by the Provider before the subscription is renewed, the cancellation takes effect at the end of the current term.

Cancellation of Indefinite Subscriptions

Indefinite subscriptions can be canceled at any time by clear and unambiguous notice of cancellation to the Provider. For this purpose, Users must use the contact details provided in this document. Cancellations take effect 28 days after receipt of the cancellation notice by the Provider.

Provisions for Additional Features

Users with an active subscription can purchase individual additional add-ons or features. This Application provides details on this to Users in the corresponding section of the Service. Unless otherwise stated, these extras are subject to the same conditions as the main product, including all provisions of this document.

Liability and Indemnification

EU Users

Indemnification

To the extent permitted by applicable law, the User undertakes to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any claims or demands of third parties – including, but not limited to, attorney costs and fees – asserted due to or in connection with unlawful use of or connection to the Service, a violation of these Terms and Conditions, an infringement of third-party rights or legal provisions by the User or its affiliated companies, officers, directors, agents, co-branders, partners, and employees.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to applicable statutory product liability provisions, Users have no right to compensation for damages against the Provider (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, as well as damages due to the breach of a material contractual obligation, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided this Application was properly and correctly used by the User.

Unless damages were caused intentionally or through gross negligence, or affect life, health, or physical integrity, the Provider is only liable for damages that are typical and foreseeable at the time of conclusion of the contract.

In particular, within the aforementioned limits, the Provider is not liable for:

any loss of business opportunities and any other loss, including indirect, that may be incurred by the User (such as trading losses, loss of revenue, loss of income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

damages or losses resulting from interruptions or malfunctions of the Service (this Application), if such interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events beyond the will and control of the Provider, such as, but not limited to, failures or interruptions of telephone or power lines, the internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyberattacks, interruptions in the delivery of products, services, or applications of third parties;

any losses unless they are the direct consequence of a breach by the Provider of the Terms and Conditions;

Regardless, the following limitation applies to all Users:

In any case of liability, the compensation shall not exceed the total payments that the Provider has received, will receive, or would receive from the User under the contract over a period of 12 months, or the term of the contract if it is shorter than 12 months.

Users in Australia

Limitation of Liability

Warranty rights, conditions, guarantees, rights, and remedies available to Users under the Competition and Consumer Act 2010 (Cth) remain completely unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatorily applicable state or territory laws that grant Users inalienable rights. To the extent permitted by law, our liability to Users – including liability for breach of an inalienable right and any liability not otherwise excluded by these Terms and Conditions – is limited, at the Provider's reasonable discretion, to re-performance or reimbursement of the costs for re-supply of the services.

Users in the USA

Disclaimer of Warranties

This Application is provided and made available exclusively on an "as is" and "as available" basis. Use of the Service is at your own risk. The Provider expressly disclaims all conditions, representations, and warranties – whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the extent permitted by law. Any advice or information, whether oral or written, that the User obtains from the Provider or through the Service does not create any warranties unless expressly stated.

Notwithstanding the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranty that the content is reliable, accurate, and correct; that the Service will meet Users' expectations; that the Service will be available at a particular time or location uninterrupted or reliably; that all defects or errors will be corrected; or that the Service is free from viruses or other harmful components. All content downloaded or otherwise obtained through use of the Service is downloaded at your own risk. Users alone are responsible for damage to the User's computer system or mobile device or for data loss resulting from such download or use of the Service by the User.

The Provider assumes no warranty or responsibility for products or services advertised or offered by third parties through the Service or through a hyperlinked website or service, nor does it endorse such products or services. Transactions between Users and third-party providers of products or services are neither brokered nor monitored by the Provider.

The Service may become inaccessible or may not function properly with the User's web browser, mobile device, and/or operating system. The Provider cannot be held liable for perceived or actual damages arising from the content, the operation, or use of this Service.

Federal law, some states, and other jurisdictions do not permit the exclusion and limitation of certain warranties. The above exclusions may not apply to Users. This agreement gives Users certain rights, while they may have additional rights depending on the jurisdiction. The disclaimers and limitations of liability under the agreement are, to the extent prohibited by applicable law, void.

Limitation of Liability

To the extent permitted by law, the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall in no event be liable for

any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses arising in connection with the Service or its unavailability; and

any damages and losses resulting from hacking, tampering, or other unauthorized access to or use of the Service or the User account, as well as the information contained therein;

any content errors, mistakes, or inaccuracies;

personal injury or property damage of any kind resulting from the User's access to or use of the Service;

any unauthorized access to the Provider's secure servers and/or the personal information stored therein;

any interruption or cessation of transmission to or through the Service;

any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;

any content errors or omissions or any loss or damage arising from use of content posted, emailed, transmitted, or otherwise made available through the Service; and/or

the defamatory, offensive, or illegal conduct of any User or third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees for claims, revenues, liabilities, obligations, damages, losses, or costs is limited in amount to the amount paid by the User to the Provider under this agreement in the preceding 12 months or, if less, over the entire term of this agreement between the Provider and the User.

This limitation of liability applies to the maximum extent permitted by the applicable legal system, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Provider has been advised of the possibility of such damage.

Indemnification The User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal costs and expenses, arising from access to and use of the Service by the User, including all data or content transmitted or received by the User;

the User's breach of these Terms and Conditions, including, but not limited to, the User's violation of any of the representations and warranties contained in these Terms and Conditions;

the User's violation of third-party rights, including, but not limited to, privacy rights or intellectual property rights;

the User's violation of statutory provisions, rules, or regulations;

any content transmitted from the User account, including in case of access by third parties using the User's username, password, or other security measures – if any – and including misleading, false, or inaccurate information;

the alleged misconduct of the User; or the violation of legal provisions by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common Provisions

No Waiver

If the Provider fails to assert a right under these Terms and Conditions or to enforce a provision of these Terms and Conditions, this does not constitute a waiver of such right or such provision. No waiver shall be deemed a further or continuing waiver.

Service Interruption

To ensure the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates, or other changes. It will inform Users appropriately.

Within the scope of statutory provisions, the Provider may also decide to suspend or terminate the Service entirely. In case of termination of the Service, the Provider will work with Users to enable them to delete personal data or information in accordance with applicable law.

Furthermore, it may occur that the Service is unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g., labor disputes, infrastructure failures or power outages, etc.).

Resale

Users may not, without the express prior written permission of the Provider, granted either directly or through a lawful reseller program, reproduce, duplicate, copy, sell, resell, or exploit this Application and the Service in any way.

Privacy Policy

To learn more about the use of their personal data, Users can review the Privacy Policy of the Service.

Intellectual Property Rights

Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights in connection with the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, name marks, or image marks – and all other marks, trade names, service marks, word marks, illustrations, images, or logos – appearing in connection with the Service (this Application) are and remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions The Provider reserves the right to change or otherwise modify these Terms and Conditions at any time. In this case, the Provider will appropriately inform the User of these changes.

Such changes only affect the relationship with the User for the future.

By continuing to use the Service, the User accepts the amended Terms and Conditions. If Users do not wish to be bound by the changes, they must cease using the Service. If the revised terms are not accepted, either party may terminate the contract.

For the relationship prior to acceptance of the changes by the User, the respectively valid previous version of the Terms and Conditions applies. The User can obtain any previous version of the Terms and Conditions from the Provider.

If required by applicable law, the Provider will specify the date from which the amended Terms and Conditions apply.

Assignment of Rights and Obligations The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation, or pass on all rights and obligations under these Terms and Conditions.

Users may not assign or transfer their rights or obligations under the Terms and Conditions without the written permission of the Provider in any way.

Contacts

All communications regarding the use of the Service (this Application) must be sent to the contact details specified in this document.

Severability Clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provisions shall be interpreted and amended to the extent that they become valid, enforceable, and consistent with their original purpose. These Terms and Conditions constitute the entire agreement between Users and the Provider regarding the subject matter of the contract and supersede all other communications between the parties regarding the same subject matter, including any prior agreements. These Terms and Conditions will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms and Conditions be or be deemed invalid, or be or be deemed void, the parties will do their best to amicably reach an agreement on valid and enforceable provisions to replace the invalid, void, or unenforceable parts. Otherwise, the invalid, void, or unenforceable provisions shall be replaced by the applicable statutory provisions, to the extent permitted or provided by applicable law.

Notwithstanding the foregoing, the invalidity, voidness, or unenforceability of individual provisions of these Terms and Conditions does not lead to the invalidity of the entire agreement, unless they are material contract provisions or provisions of such importance that the parties would not have concluded the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for either party, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Authoritative Version of these Terms and Conditions

These Terms and Conditions are drafted and revised in the following language: German. Other language versions of these Terms and Conditions are provided for informational purposes only. In case of discrepancies between different language versions, the original version shall always prevail.

Applicable Law

These Terms and Conditions are governed by the law of the place where the Provider is based, excluding conflict of law provisions. The specification of the registered office can be found by Users in the corresponding section of this document.

Jurisdiction

The courts of the place where the Provider is based – as indicated in the information in this document – have exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions.

Definitions and Legal Notices

This Application (or this Application)

The application through which the provision of the Service is enabled.

Agreement

Any legally binding or contractual relationship between Provider and User governed by these Terms and Conditions.

Business User

Any User who is not acting as a Consumer.

European (or Europe)

Refers to any User who is located within the EU or whose registered office is within the EU, regardless of nationality.

Provider (or We)

Is the natural or legal person(s) who makes this Application and/or the Service available to Users.

Product

A good or service offered for purchase through this Application, such as physical goods, digital files, software, booking services, etc. The offering of Products may be part of the Service defined above.

Service

The service provided by this Application, as described in these Terms and Conditions and on the Service (this Application).

Terms & Conditions

All conditions applicable to the use of the Service as described in this document and/or to this Application, including any related documents or agreements in their current version.

User (or You)

Is any natural or legal person using this Application.

Last updated on October 25, 2025