1. Scope & provider
These terms govern the use of the software-as-a-service application "Lavesy" (the "Service") provided by Henry Manke (An der Eveke 3, 58511 Lüdenscheid, Germany). Full provider details are in the imprint.
2. Description of the Service
Lavesy is a cloud-based warehouse and inventory management application (stock keeping, goods receipt/outbound, stocktaking, document checking, among others). The available feature set depends on the selected plan. The Service is provided as a continuously maintained online application; there is no entitlement to a specific, unchanged feature state.
3. Plans & prices
The Service is offered in three plans:
- Private – free of charge (€0/month).
- Business – €99/month.
- Entrepreneur – €249/month.
For entrepreneurs (Section 14 BGB) the paid plans are also available as an annual plan paid in advance for twelve months: Business – €990/year, Entrepreneur – €2,490/year. Annual plans are not open to consumers (Section 13 BGB); when ordering, the customer confirms acting as an entrepreneur. Time-limited promotional discounts (e.g. on the first year of an annual plan) apply only to orders placed within the stated promotion period and only for the stated billing period; afterwards the regular price applies.
All prices are final prices. Under the German small-business scheme (Section 19 UStG) no VAT is charged or shown. Paid plans may start with a free trial period (usually 14 days) during which nothing is charged. The prices shown on the pricing page at the time of ordering apply.
4. Conclusion of contract & account
The contract for the free plan is concluded upon registration. A paid plan is ordered bindingly, after an order summary (plan, price, start of billing, term) has been shown, by clicking the "Order with obligation to pay" button (Section 312j(3) BGB). The contract for the paid plan is concluded once the customer has stored a payment method with the payment provider in the following step and the provider activates the plan; if the customer abandons that step, the order is not executed and nothing is charged. Use of the Service requires an account with a confirmed email address; access credentials must be kept confidential. Essential characteristics, price, term and the 14-day termination arrangement (clause 7) are displayed before the contract is concluded; for consumers the provider thereby fulfils the information duties under Art. 246a EGBGB (Introductory Act to the German Civil Code).
5. Payment
Paid plans are billed in advance via the payment provider (Stripe). The billing period is one month, or twelve months for an annual plan.
If the provider wishes to change the prices of running subscriptions, it offers the change to the customer in text form (e.g. by email to the address stored in the account) at least six weeks before it is to take effect. The change only takes effect if the customer expressly agrees; silence or continued use do not count as consent. If the customer does not agree, the contract continues at the previous prices. Both parties' right of ordinary termination under clause 6 remains unaffected.
6. Term & cancellation
Subscriptions run until cancelled and can be cancelled at any time with effect from the end of the current billing period – without signing in via the "Cancel contracts here" page (German, as required by Section 312k of the German Civil Code), in your account or in text form. The right to terminate for good cause remains unaffected; it ends the contract immediately and fees already paid for the time afterwards are refunded pro rata. Once the cancellation takes effect, the account is switched to the free "Private" plan.
An annual plan renews for a further twelve months unless it is cancelled with effect from the end of the current annual period. On ordinary cancellation, fees already paid for the current annual period are not refunded pro rata; clause 7 (termination within 14 days) remains unaffected.
7. Right of withdrawal for consumers, voluntary 14-day undertaking for entrepreneurs
(1) Consumers (Section 13 BGB) have a 14-day statutory right of withdrawal. Details and the model withdrawal form are in the withdrawal notice. The withdrawal can be exercised without signing in via the "Withdraw from contract" function on that page or directly in your account; any amount charged within the period will be refunded.
(2) Entrepreneurs (Section 14 BGB) have no statutory right of withdrawal. Instead, the provider voluntarily grants them the following: the customer may terminate this contract within 14 days of its conclusion without giving any reason, in text form; amounts already paid will be refunded in full. The provider grants this undertaking voluntarily; entrepreneurs have no statutory right of withdrawal. The undertaking is exercised via the same "Withdraw from contract" function as a consumer's withdrawal; the label of that function does not change its legal nature.
8. Data, backups & deletion
Customers can export their data at any time. The account, including all data, can be permanently deleted in the account settings (data erasure pursuant to Art. 17 GDPR) — this is distinct from cancellation and withdrawal. Details on processing are set out in the privacy policy.
Where the provider processes personal data on the customer's behalf (in particular the content the customer stores in the Service), this is done under the data processing agreement pursuant to Art. 28 GDPR, which forms part of this contract. Its current version is published at lavesy.de/avv (binding, German; English convenience translation at lavesy.de/en/dpa), where earlier versions are listed. Which version applies to the customer and how it is amended is governed by the agreement itself.
9. Availability & liability
We aim for high but not uninterrupted availability (maintenance, force majeure). Statutory liability rules apply; liability for data loss is limited to the statutory framework. Regular backups of your own data are recommended.
10. Final provisions
The law of the Federal Republic of Germany applies. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.