General Terms and Conditions (GTC)

These GTC 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 concluded exclusively between the User and the Provider, the User acknowledges and accepts that, in cases where this Application was obtained through the Apple App Store, Apple may enforce these GTC as a third-party beneficiary.

These GTC do not establish any employment, agency, or partnership relationship between the parties involved.

This Application is offered by:

The essentials at a glance

Please note that individual provisions of these GTC may only apply to certain categories of users, for example only to users who do not act as consumers. Such restrictions on the scope of application are expressly indicated in each affected clause. In the absence of such an indication, 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 GTC.

Terms of Use

Scope and User Base

These General Terms and Conditions (GTC) 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 directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special funds under public law. It is not directed at consumers within the meaning of § 13 BGB.

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

Terms of Use and User Obligations

Subject Matter: 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 log in. The Customer is obligated to provide truthful and complete information during registration.

The Customer is solely responsible for keeping their access credentials (especially their password) confidential. They shall take the necessary measures to prevent unauthorized use of their account and shall immediately notify the Provider if there is any 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 procedures (such as bots or scripts) that could impair the functionality of the Service.

Termination

Users may cancel their account at any time by using the corresponding options in their account settings.

Contact the Provider

Suspension and Deletion The Provider reserves the right to suspend or delete user accounts if users violate these GTC, 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 of content provided by third parties.

Rights to Content 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, in compliance with the GTC 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 to publish their content on this Application.

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

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
• represent advertising or commercial activities without the Provider's express permission
• contain private information of third parties without the express permission of the third party and the Provider
• contains viruses, malware, or other harmful software
• can be classified as spam
• is sexually explicit or promotes violence

Removal of Content 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 in accordance with their intended purpose and in compliance with these GTC as well as 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 third-party rights.

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 to the competent authorities – such as judicial or administrative authorities – actions taking place through this Application or the Service that are to be challenged, if users provably or presumably:

• violate legal provisions, regulations, or these Terms and Conditions; or
• infringe 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 GTC, the Provider grants the User, for the duration of the effective contractual relationship, a simple, non-sublicensable, and non-transferable right to use the software and the associated solutions. The use is restricted to the purpose arising from the Service and these GTC.

The right of use granted to the User terminates 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 in order to continue using the Application. New versions with significant functional 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 a fee, in particular access to the neco Corporate CMS at necoweb.de.

Prices, terms, and further conditions applicable to the purchase of such licenses are described below. For further details, reference is made to this Application and the relevant sections provided therein.

Description

Prices, descriptions, and availability of the license models can be viewed in the relevant sections of this Application. Although license models are presented with the greatest technically 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 purchased license. The characteristics of the selected license will be explained during the purchase process.

Purchase Process

All steps from the selection of a license to the placing of 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 may place the order by submitting it to the Provider.

Placing the Order

When the User places an order, the following applies:

The contract is concluded upon placing the order. Placing the order therefore creates an obligation for the User to pay the price, taxes, and any further fees and expenses as indicated on the order page.

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

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

Pricing

Users will be informed of all fees, taxes, and costs to be borne by them during the purchase process and before placing the order. The prices displayed through this Application are generally gross prices, which already include the statutory value-added tax. If net prices are exceptionally displayed, this will be explicitly indicated. In the final order step and on the invoice, the net amount, value-added tax, and gross amount will be transparently shown.

Price Changes The Provider is entitled to adjust the prices for paid licenses and subscriptions at its reasonable discretion in order to offset the effects of cost changes. Such cost changes may result in particular from changed costs for 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 it takes effect in text form (e.g., by email).

In the event of a price increase, the Customer has a special right of termination. They may terminate the contract with extraordinary notice before the price increase takes effect. If the Customer does not exercise this right, the price increase shall be deemed approved. The Provider will separately inform the Customer of this right of termination and the consequences of failing to object in the price increase announcement.

Payment Methods

Information on the accepted payment methods will be provided during the purchase process.

The fees for the selected plan will be invoiced to the User. The selection of the plan is made implicitly by the Customer registering users in the neco CMS.

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

Retention of Title The ordered licenses only become the property of the User upon receipt of the full purchase price by the Provider.

Maintenance of Usage Rights Users do not acquire any rights of use to the purchased product until receipt of the full 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 relevant section of this Application within 30 days of conclusion of the contract.

Delivery

Provision of Digital Content

Unless otherwise stated, digital content purchased through this Application will be provided via the web or transferred by download to the devices chosen by the users.

Users acknowledge and accept that the device(s) intended for downloading and/or using the product/license and the respective software (including operating systems and browsers) must be legal, commonly used, and up to date, 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 location.

Contract Duration

Subscriptions

Subscriptions allow users to receive a product continuously or on a recurring basis over a defined 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 subscriptions with a fixed term begin on the day of receipt of payment by the Provider and have the term chosen by the user or specified at the time of ordering.

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

Subscriptions with a fixed term cannot be terminated prematurely. They end upon expiry of the subscription period.

Automatic Renewal

Subscriptions are automatically renewed using the payment method chosen by the user at the time of purchase, unless the user cancels the subscription within the cancellation periods specified in the relevant section of these GTC and/or through 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 will include instructions on how to disable the automatic renewal.

Termination

Recurring subscriptions may be cancelled at any time by a clear and unambiguous cancellation notice to the Provider, effective at the end of the following month. Users must use the contact details provided in this document, or – if possible – the corresponding controls provided through this Application.

Cancellation Notice

If the cancellation notice reaches the Provider before the subscription is renewed, the cancellation will take effect upon expiry of the current term.

Cancellation of Indefinite Subscriptions

Open-ended subscriptions may be cancelled at any time by a clear and unambiguous notice of termination to the Provider. Users must use the contact details specified in this document for this purpose. Cancellations take effect 28 days after receipt of the cancellation notice by the Provider.

Provisions for Additional Features

Users with an active subscription may purchase individual additional add-ons or features. This Application provides users with details in the relevant section of the Service. Unless otherwise stated, these extras are subject to the same terms 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 agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from and against any claims or demands of third parties – including but not limited to legal fees and charges – arising out of or in connection with a culpable use of or connection to the Service, a breach of these GTC, 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 the applicable statutory product liability provisions, users have no right to claim damages from 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 resulting from the breach of a material contractual obligation, such as an obligation essential to achieving the purpose of the contract, and/or damages resulting from intent or gross negligence, provided that this Application has been used properly and correctly by the User.

Unless damages were caused intentionally or through gross negligence or affect life, health, or physical integrity, the Provider’s liability is limited to the typical and foreseeable damages 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, even indirect, that may be incurred by the User (such as trading losses, revenue loss, income loss, 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) where such interruptions or malfunctions are attributable to force majeure or unforeseen and unforeseeable events beyond the control and will of the Provider, such as, but not limited to, failures or interruptions of telephone or power lines, the internet and/or other transmission means, unavailability of websites, strikes, natural disasters, viruses and cyberattacks, interruptions in the delivery of products, services, or third-party applications;

any losses, unless these are the direct result of a breach of the GTC by the Provider;

Regardless, the following limitation applies to all Users:

In any case of liability, the compensation may not exceed the total payments that the Provider has received, will receive, or would have received from the User under the contract over a period of 12 months, or the duration 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) are fully unaffected by the provisions of these GTC. The same applies to any similar, mandatorily applicable state or territory laws that grant users non-excludable rights. To the extent permitted by law, our liability to users – including liability for breach of a non-excludable right and any liability not otherwise excluded under these GTC – is limited, at the Provider’s reasonable discretion, to re-supply or the cost of re-supplying 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 the user's 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, obtained by the User from the Provider or through the Service shall not create any warranties unless expressly stated.

Without prejudice to 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 any particular time or location on an uninterrupted or reliable basis; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users alone are responsible for any damage to the User's computer system or mobile device or for data loss resulting from such download or the User's use of the Service.

The Provider makes no warranty or assumes any responsibility for products or services advertised or offered by third parties through the Service or through a website or service linked by a hyperlink, 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 unavailable or may no longer function properly with the User's web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from the content, 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 invalid to the extent prohibited by applicable law.

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 user account, as well as the information contained therein;

any content errors, mistakes, or inaccuracies;

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

any unauthorized access to the Provider's secure servers and/or any 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 errors or omissions in any content, or any loss or damage incurred as a result of the use of any 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 fullest extent permitted by applicable law, 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 the User's access to and use of the Service, including any data or content transmitted or received by the User;

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

the User's infringement of any 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 submitted from the user account, including in the event of access by third parties using the User's username, password, or other security measures – if applicable – including misleading, false, or inaccurate information;

the User's alleged misconduct; or the violation of any statutory provision by the User or its affiliated companies, officers, directors, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common Provisions

No Waiver

The Provider's failure to assert any right or provision under these GTC shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service Interruption

In order to ensure the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates, or other changes. Users will be adequately informed.

Within the limits of applicable law, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the Service, the Provider will cooperate 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., industrial action, infrastructure failures, or power outages, etc.).

Resale

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

Privacy Policy

To learn more about the use of their personal data, users can consult the privacy policy of the Service.

Intellectual Property Rights

Without prejudice to more specific provisions of these GTC, 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 concerning intellectual property.

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

Changes to these GTC The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the Provider will adequately inform the User about these changes.

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

By continuing to use the Service, the User accepts the modified GTC. 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 the User's acceptance of the changes, the respective valid previous version of the GTC applies. The User can obtain any earlier version of the GTC from the Provider.

If required by applicable law, the Provider will specify the date from which the modified GTC apply.

Assignment of rights and obligations The Provider reserves the right to transfer, assign, novate, or otherwise dispose of all rights and obligations under these GTC, taking into account the legitimate interests of the User.

Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider's written permission.

Contacts

All communications related to 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 GTC 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 modified to the extent necessary to make them valid, enforceable, and consistent with the original purpose. These GTC constitute the entire agreement between Users and the Provider concerning the subject matter hereof and supersede all further communications between the parties concerning the same subject matter, including any older agreements. These GTC shall be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these GTC be or be deemed ineffective, or be or be deemed invalid, the parties shall endeavor to reach an amicable agreement on valid and enforceable provisions to replace the ineffective, invalid, or unenforceable parts. Otherwise, the ineffective, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, provided this is permissible or provided for by the respective applicable law.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of individual provisions of these GTC shall not lead to the nullity of the entire agreement, unless they are essential contractual provisions or provisions of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining terms would lead to an unreasonable hardship for one of the parties, the nullity of the individual provision shall result in the nullity of the entire agreement.

Authoritative Version of these Terms and Conditions

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

Applicable Law

These GTC are subject to the law of the place where the Provider has its registered office, with the exception of conflict-of-law rules. Users can find the registered office information in the corresponding section of this document.

Jurisdiction

The courts of the place where the Provider has its registered office – as indicated in this document – shall have exclusive jurisdiction for all disputes arising out of or in connection with these GTC.

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 GTC.

Business User

Any User who is not acting as a Consumer.

European (or Europe)

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

Provider (or We)

Is the natural or legal person(s) who provide this Application and/or the Service 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 GTC and on the Service (this Application).

Terms & Conditions

All terms and 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