This is a translation for information only. Only the German version is legally binding. Deutsch
General Terms and Conditions
Draft – to be legally reviewed before launch.
§ 1 Provider and scope
- The provider of the software “Pioqor” is Bheppo GmbH (Pioqor), Kleine Reichenstraße 5, 20457 Hamburg, Germany, email: kontakt@pioqor.com (“we”). Further details are in the legal notice.
- These terms apply to all contracts for the use of Pioqor between us and the customer (“studio”).
- Pioqor is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), in particular tattoo, piercing, hair, barber, beauty and nail studios. By registering, the studio confirms that it acts in the course of its trade, business or profession. We do not enter into contracts with consumers.
- Deviating or additional terms of the studio only apply if we expressly agree to them in text form.
§ 2 Services
- Pioqor is web-based software for running a studio (software as a service), including appointments, clients, consent and registration forms, finances, staff and guest artists, stock and campaigns. The current scope of functions is described on pioqor.com and in the app.
- We provide Pioqor over the internet for use in a browser. The studio is responsible for its internet access, suitable devices and an up-to-date browser.
- We continuously develop Pioqor and may change, add or replace functions as long as the core of the contractually agreed service is preserved and the change is reasonable for the studio.
- Templates in Pioqor (for example texts for consent forms, aftercare instructions or messages) are non-binding suggestions and not legal advice. The studio checks itself whether they suit its business and are legally sufficient.
- Pioqor may point to offers from third parties, such as conventions (with links to external websites) or discounts from partner brands. Contracts for these are concluded solely between the studio and the respective third party; we are not responsible for these offers.
§ 3 Registration and account
- To use Pioqor, the studio creates an account. The information provided must be accurate and kept up to date.
- The contract is concluded when registration is completed. There is no entitlement to conclude a contract.
- The studio can invite further users (for example staff, artists, guests) and assign roles to them. It is responsible for their use as for its own actions.
- Login details must be kept secret. If there is a suspicion that unauthorised persons have access, the studio informs us without delay and changes the password.
§ 4 Free trial
- After registering, the studio can test Pioqor free of charge and without obligation for 14 days.
- The trial ends automatically. Without a subscription no costs arise; access is then locked and the data is kept in accordance with § 9.
- If the studio takes out a subscription during the trial, payment only becomes due when the trial ends.
§ 5 Prices and payment
- The prices shown at the time of purchase apply. Currently: €24.90 per month with monthly payment or €249.00 per year with yearly payment. All prices are subject to statutory VAT.
- Payment, invoicing and VAT are handled via Stripe Managed Payments. Stripe acts as the seller (merchant of record) and issues the invoices; the terms of Stripe additionally apply to the payment process.
- The fee is due in advance for each billing period (month or year) and is collected via the stored payment method.
- If a payment fails, we inform the studio. If the outstanding amount is not paid within 14 days of this notice, we may block access until payment is made. The data is kept.
- We announce price changes in text form at least six weeks before they take effect. They apply from the next billing period. The studio may cancel with effect from the date of the price change until it takes effect; we point this out in the announcement.
§ 6 Term and cancellation
- The monthly subscription runs for one month and renews for one further month at a time. The yearly subscription runs for one year and renews for one further year at a time.
- The studio can cancel at any time with effect from the end of the current billing period, most easily in the app under “Manage subscription” or by email to kontakt@pioqor.com. Periods already paid are not refunded pro rata.
- We can cancel with one month’s notice to the end of a billing period.
- Both parties’ right to terminate for good cause remains unaffected. Good cause for us exists in particular if the studio uses Pioqor unlawfully or, despite a reminder, is in arrears with more than two monthly fees.
§ 7 Availability and maintenance
- We strive to keep Pioqor available with as few interruptions as possible and aim for an availability of 99% on a monthly average. We do not owe a specific availability.
- Excluded are periods of planned maintenance, which we announce in advance where possible and carry out outside usual business hours, and disruptions for which we are not responsible (for example internet outages or force majeure).
§ 8 Obligations of the studio
- The studio is responsible for the content and data it records in Pioqor and ensures that it may lawfully process them. This applies in particular to health information in consent forms and to consent to marketing messages.
- The studio uses Pioqor only within the applicable laws, does not send unsolicited advertising via Pioqor and refrains from anything that could disrupt the operation of Pioqor or endanger its security.
- The studio indemnifies us against third-party claims based on unlawful use by the studio or its users, insofar as the studio is responsible for it.
§ 9 Studio data, data protection
- The data recorded by the studio remains the studio’s data. We use it only to provide our services.
- Insofar as we process personal data on behalf of the studio, the Data Processing Agreement (AVV) applies, which becomes part of the contract when these terms are accepted. Otherwise our privacy policy applies.
- After the end of the contract, the studio can request a copy of its data in a common, machine-readable format (for example CSV) within 30 days. We then delete the data within a further 60 days at the latest, unless statutory retention obligations prevent this.
- If only the trial ends without a subscription, we keep the data for 90 days so that the studio can continue seamlessly, and delete it afterwards. On request we delete it earlier.
§ 10 Liability
- We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
- In the case of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the studio may regularly rely (cardinal obligation). In this case liability is limited to the foreseeable damage typical for the contract.
- For loss of data we are only liable for the effort required to restore it from our backups.
- Strict liability for defects existing at the time the contract is concluded (§ 536a (1) BGB) is excluded.
- These limitations also apply in favour of our vicarious agents.
§ 11 Changes to these terms
- We may change these terms with effect for the future if there is an objective reason, such as changes in legislation, case law or new functions. We do not change essential contractual obligations in this way.
- We announce changes at least six weeks before they take effect, in text form or in the app. If the studio does not object before they take effect, the changes are deemed accepted. We point out this consequence and the right to cancel until the changes take effect in the announcement.
§ 12 Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- The place of jurisdiction for all disputes arising from this contract is Hamburg, provided the studio is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.
- The contract language is German. Translations of these terms are for information only; in case of discrepancies the German version prevails.
- Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.