General terms and conditions

General terms and conditions

Published on 28.11.2025.

The following terms and conditions (“Terms of Use”, “Terms and Conditions”) govern your relationship with Gminds GmbH, the website https://www.gminds.cloud and the app services for Google (the “Service”), which are operated by Gminds GmbH (“us”, “we” or “our”).

Please read these terms of use carefully before using the service.

Your access to and use of the Service is conditioned upon your acceptance and compliance with these terms. These terms apply to all visitors, users, and others who access or use the service.

You must be of legal age in the state or province where you reside. By accessing or using the service, you agree to these terms. If you do not agree with any part of the terms, you must not access the service.

§ 1 Scope

1. We provide our services exclusively on the basis of these terms and conditions in connection with a contract concluded with the customer in individual cases for such services. If provisions are made in a contract that conflict with provisions in these terms and conditions, the provisions in the contract take precedence over the relevant provision in these terms and conditions in this regard in case of doubt. Other agreements, which are intended to deviate from the provisions of these terms and conditions, must be drafted in text form, with correspondence via e-mail being sufficient.
2. Any general terms and conditions of the customer do not apply, even if we do not separately object to their validity. Its validity is hereby denied. Divergent, additional or contradictory conditions will only be included in a contract between Gminds GmbH and the customer if and to the extent that this has been expressly confirmed by us in writing.
3. Section 1 Section 2 also applies in the event that any general terms and conditions of the customer are to be included in a commercial confirmation letter.

§ 2 General license conditions

1. We don't sell our software. We only grant licenses to use the software.
2. We don't provide physical media with a copy of our software.
   The application is provided as a software as a service application, which is operated in the Google Cloud environment by Gminds GmbH. In the case of self-hosting, the installation files are digitally transmitted and made available for installation. These files are stored in the customer's Google Cloud environment.
3. The customer may only use the software if they accept these terms together with our privacy policy and if they confirm that they have read and understood our license agreement. The license for the software is granted in accordance with the terms of the concluded license agreement.

§ 3 Test versions

1. Some of our software types are available as free trials. The trial versions are provided as software as a service, which is operated in the Google Cloud environment by Gminds GmbH. In the case of self-hosting, the installation files are digitally transmitted and made available for installation. These files are stored in the customer's Google Cloud environment.
2. When activating the application via the Google App Store, a time-limited trial version is automatically provided upon registration. The customer can then test the software over a trial period to become familiar with the software and check its functions. If no trial period was specified or individually agreed upon when downloading the software, the trial period is 14 days. The customer may only use the trial version for test purposes within the test period.
3. With regard to the granting of use of the software, including liability and warranty, during the test period, the loan regulations apply (Sections 598 et seq. BGB).
   — 3.1 Liability for lost data within the application during the test period is hereby excluded.
   — 3.2 The above (§ 3 point 3.1) limitation of liability does not apply to liability under the Product Liability Act or within the framework of guarantees assumed in writing by a party.
4. To get access to the trial version for the customer's Google Workspace Tenant, the customer must register with name, email and company. The license for the trial version is assigned the customer's product runtime and tenant ID. Access to Gminds applications is based on Workspace Identity/Google Identity for authentication.
5. The customer may only use the trial version of the software if he accepts these terms and conditions and our privacy policy and confirms that he has read and understood our license agreement.
6. The license for the trial version (conclusion of the license agreement) is granted in accordance with the terms of the license agreement. At the end of the trial period, the license expires.

§ 4 Subscription

1. Our software is offered with a limited license period (“subscription”). The type of license and its duration are specified in the price list, on the software website or in the contract offer. It is billed in advance on a recurring and periodic basis. The billing cycles are set on an annual basis.
2. The term of the subscription begins with the order confirmation or the contractually agreed license start.
   If the customer does not wish to renew the subscription, he must object to the extension 90 days before expiry of the initial contract period or expiry of the renewal period. Otherwise, the subscription (in each case) is automatically renewed for a period of 12 months at the end of each subscription period. If a term shorter than 12 months has been contractually agreed, the subscription will be extended at the end of the agreed subscription period for the length of the originally contractually agreed period. The customer can explain the objection either by e-mail to or by contacting the customer support of Gminds GmbH.
3. As a valid payment method, Gminds GmbH accepts credit cards and payment of the invoice via bank transfer. The customer must provide Gminds GmbH with accurate and complete billing information, including full name, email address, address, state, country, zip code, telephone number and a valid payment method. Invoices are issued exclusively by email with an invoice in PDF format.
4. The payment term is 14 days after receipt of the invoice by the customer. Receipt to the account of Gminds GmbH is decisive for the timeliness of payment.

§ 5 Change of fees

Gminds GmbH may, at its own discretion, change the purchase and subscription fees with effect for the period after the originally agreed contract period has expired. The date of change and the amount of the adjustment must be notified to the customer in writing three months in advance in order to give him the opportunity to cancel his subscription before the change comes into force.

§ 6 Software Support Contracts

1. No pure support contracts are concluded. The service is only available in combination with the software subscription.
2. Support contracts are only available for the software and only during the period of validity of the license (i.e. if the customer has an active subscription).
3. Support contracts are only available for select products that are clearly marked on our websites. Support contracts are either paid separately or are included in the price of the software.
4. Services are only provided under support contracts if you have a valid support contract. We offer services under support contracts for the following people:
   — 4.1 Anyone who uses the software as a customer on their own behalf, or
   — 4.2 Anyone who uses the software on behalf of or on behalf of the customer's organization, or
   — 4.3 Anyone authorized by the customer's organization or acting on their behalf or on behalf of them, even if that person does not use this software themselves.
5. We will refuse to provide our services under support contracts in the event that you are unable to identify yourself as eligible to use these services (for example, by providing a valid license key number or other authorization card that validates your eligibility to act on behalf of the customer's organization).
6. If you want to sign a support contract, you must place an order and conclude an agreement with us. Such an agreement is concluded on the basis of these terms and conditions and in accordance with the price lists available on our websites. The price for the support contract is determined for the respective software version. When concluding the support contract for a more recent software version, different prices may apply.
7. Support contracts are limited in nature and relate only to the maintenance and use of our software. If you have a valid support contract or are using a trial version of our software, we will answer your questions about how our software works and help you resolve other technical issues that you report to us that arise when using our software.
8. Your support contract only ever applies to a specific type of our software that you have purchased a subscriber for. We will not provide our services under support contracts for software that is not covered by the scope of your support contract.
9. While we'll do our best to resolve issues you report to us, we don't guarantee that we'll be able to help you in every case. In particular, we do not guarantee that the services provided under a support contract will always meet your requirements or expectations, or that our software will be free from operational errors and irregularities as a result of our services, or that our services will result in the correction of all such errors and irregularities.
10. We offer our services as part of support contracts via email (”email support“) and via real-time communication such as telephone or online sessions (”Live Support“) on. To use email support, please contact us via this contact form. To use live support, please visit our website to see what forms of contact are currently available. Live support is generally available Monday through Friday during business hours.
11. In order to use our services as part of support contracts, you must use either your telephone device or email address. These services are provided by external network operators. The standard rates set by the network operators apply to all telephone calls using our contact numbers.
12. We reserve the exclusive right to choose the tools and methods to provide our services under support contracts. We choose these tools and methods based on the type of issue you're reporting to us. You can't request that we implement other methods or tools to provide you with our services under the support contract.
13. Once you've decided to contact us with your issue, we'll register your question or problem and issue a ticket (”ticket“) set up. We're not limiting the number of tickets assigned to you. Therefore, if you contact us with another issue, a new ticket will usually be created.
14. We'll only close your ticket after we've finally answered your question, resolved your issue, or found that your issue can't be resolved and let you know. We may reopen your ticket in the future if further action is needed regarding your question or issue.
15. If you choose to share your system or software logs with us, or conduct a live support session, it is your duty to remove or mask any personal information that may be contained in such logs or that may be visible to us during the live support session. If that's not possible, you should ensure that people whose personal information is included in these logs or may be visible during a live support session are properly notified of the disclosure of their information. You can find more information about how we use logs and how we conduct the live support sessions in the Privacy statement.
16. We'll try (but don't guarantee) to contact you the next business day after the issue request. However, this does not mean that we will solve your problem within this period.

§ 7 Intellectual property and misuse

1. The service and its original content, features and functions are and remain the exclusive property of Gminds GmbH and its licensors. The service is protected by copyright, trademark and other laws both in Germany and abroad. Our brands may not be used in connection with a product or service without the prior written consent of Gminds GmbH.
2. Customer acknowledges and agrees that these terms of use grant him no rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or not), or other rights or licenses, other than the software license granted to him upon acceptance of these terms of use, unless expressly stated in these terms of use.
3. Permission is granted to temporarily download a copy of the materials, content and information (“Materials”) or test software licenses (“Software”) from the Gminds GmbH website only for contractually agreed and temporary use. This is a grant of license, not a transfer of ownership, and under this license, you may not:
   — 3.1 modify, alter, adapt or copy the materials or software in whole or in part;
   — 3.2 attempt to decompile or reverse engineer the software contained on our website;
   — 3.3 remove copyright or other proprietary notices from the materials; or
   — 3.4 transfer the materials or software to another person, or
   — 3.5 sell, rent, sub-license, lease, or otherwise distribute the materials or software, including temporarily. (This does not apply to authorized resellers)
4. With regard to the service, the user may not use illegal content or content that is likely to affect public order or the rights of third parties.
5. The user may not use the service to commit unlawful acts and, upon first request, guarantees that Gminds GmbH will be responsible for all damages arising from third-party claims for breach of this warranty.
6. If the user violates one of these restrictions, Gminds GmbH is entitled to terminate the subscription and therefore the license extraordinarily and without notice. Upon termination of this license, the customer must destroy all downloaded materials in its possession, whether in electronic or printed form.

§ 8 Granting of rights

1. With full payment of the rent in accordance with the contract, Gminds GmbH will grant the customer the non-exclusive, non-transferable and non-sub-licensable right to use the software to the extent contractually agreed. In addition to downloading and installation, the use of the software in accordance with the contract includes loading into the main memory, viewing and letting the provided software expire.
2. Insofar as this is necessary for use in accordance with the contract, the customer is entitled to reproduce the delivered software. In particular, loading the software into the main memory is considered to be a reproduction required for use in accordance with the contract. In addition, the customer is entitled to make a reproduction for backup purposes (“backup copy”). The customer is obliged to mark this backup copy as such and to attach a copyright notice from the manufacturer.
3. If the software is made available to the customer via download, it is not permitted to make a backup copy insofar as it is possible to download the software again from the Gminds GmbH server.
4. Otherwise, the customer is not entitled to reproduce, unless otherwise provided by law.
5. The tenant is not entitled to change and edit the software, unless the change or processing involves the removal of a defect necessary for the use of the software in accordance with the contract, with which the landlord is in default.

§ 9 Service contracts

1. In terms of content and scope, the subject matter of the contract is those services provided by Gminds GmbH that are specified in the relevant contract.
2. Should Gminds GmbH provide other services without additional remuneration in addition to the expressly agreed services, the customer has no right to have them provided.
3. The payment term is 14 days after receipt of the invoice by the customer. Receipt to the account of Gminds GmbH is decisive for the timeliness of payment.
4. Unless otherwise stated in the contract, the prices stated there are plus statutory sales tax.
5. As a valid payment method, Gminds GmbH accepts credit cards and payment of the invoice via bank transfer. The customer must provide Gminds GmbH with accurate and complete billing information, including full name, email address, address, state, country, zip code, telephone number, and a valid payment method. Invoices are issued exclusively by email with an invoice in PDF format.

§ 10 Amendments

1. Gminds GmbH reserves the right to change or replace these conditions at any time at its own discretion.
2. We will notify you of a change at least three months before the new conditions come into force.
3. By continuing to access or use the Gminds GmbH service after these changes have come into force, the customer agrees to the revised terms and conditions. If the customer does not agree with the new conditions, he must notify Gminds GmbH in text form no later than one month before the announced date of entry into force of the new conditions. Such notification will result in the termination of the contract at the time the change occurs.
4. Gminds GmbH is obliged to inform the customer at the beginning of the period specified in Section 10 Section 2 that his inaction will have the meaning set out in Section 10 Section 3.

§ 11 Links to other websites

1. Our service may contain links to third-party websites or services that are not owned or controlled by Gminds GmbH. Gminds GmbH has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services.
2. The inclusion of a link does not mean that Gminds endorses the site. The use of such a linked website is at the user's own risk.
3. Users further acknowledge and agree that Gminds GmbH is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on such content, goods or services available on or through such websites or services.
4. We strongly advise users to read the terms and conditions and privacy policies of third-party websites or services that they visit.

§ 12 Liability and Limitation of Liability

1. Should the customer discover defects in the software or documentation, the customer must immediately report these to Gminds GmbH in writing.
2. The customer must provide Gminds GmbH with the necessary access to the software and documentation for the purpose of remedying the defect.
3. Gminds GmbH does not provide any implied warranties and hereby disclaims all warranties not expressly provided in writing.
4. Gminds GmbH has unlimited liability:
   — 4.1 in case of malice, intent or gross negligence;
   — 4.2 within the framework of a guarantee expressly accepted in writing by Gminds;
   — 4.3 for damage resulting from injury to life, limb or health;
   — 4.4 for the breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and may rely (“cardinal obligation”);
   — 4.5 in accordance with the provisions of the Product Liability Act and the General Data Protection Regulation (GDPR)
5. In addition, liability on the part of Gminds GmbH is excluded. In particular, no-fault liability for initial defects in accordance with Section 536a (1) BGB is excluded.
6. Section 3 Section 3 must be observed for test versions.
7. The customer must back up his data regularly. In the event of loss of data for which Gminds is responsible, its liability is limited to the typical recovery costs required for regular, risk-appropriate production of backup copies. Any compensation claims made by the customer against Gminds GmbH are therefore limited in amount to the damage that would have occurred if the data were backed up regularly.
8. The customer is not entitled to claim a rent reduction — unless it is indisputable or legally binding — by independently deducting the reduction amount from the current rent. The customer's claim under enrichment law (Section 812 BGB) to recover the portion of the rent paid too much due to a justified reduction remains unaffected by this.
9. The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Gminds GmbH.

§ 13 Final Provisions

1. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.
2. These terms are governed by and construed in accordance with the laws of the Federal Republic of Germany.
3. The contracts concluded between Gminds GmbH and the customer as well as any disputes that may arise in connection with them are subject exclusively to German law, even in the event of international contact.
4. All declarations relevant to the content of the contract and the execution of the contract, in particular declarations of withdrawal, cancellations or notifications of defects by the customer, must be sent to Gminds GmbH in text form.
5. Should one or more provisions contained in these terms and conditions be or become invalid, the effectiveness of the remaining provisions remains unaffected.
6. The place of performance for all obligations arising from the contractual relationship between the customer and Gminds GmbH is the registered office of Gminds GmbH, Universitätsstraße 3, 56070 Koblenz, Germany.
7. If the customer is a merchant, a legal entity under public law or a special fund under public law or does the customer have no general place of jurisdiction in Germany, the place of jurisdiction is for all disputes in connection with these terms and conditions and a contract concluded between the customer and Gminds GmbH and its execution (Koblenz), unless there is an extraordinary place of jurisdiction for these.

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