Draft – legal review pending
Passages marked [TO BE VERIFIED: …] need a business decision or legal review. The draft describes the platform as built or decided in October 2026. Features that are only planned are marked as such. In case of doubt the German version (AGB) prevails (see section 16). [TO BE VERIFIED: the personal workspace, invitation code, start credit, account deletion with grace period and bot protection at registration have been decided (AIS-1968, F1–F18) but not yet implemented. Reconcile the text with the implementation before production launch.]
1 Provider, scope, target group
- These Terms govern the use of the appvanced AI Studio platform (the "Platform" or "Studio"). The provider is:
appvanced Jan Kronenberg, Am Fuchsberg 2b, 41468 Neuss, Germany
Phone: +49 170 955 3 669, e-mail: kontakt@appvanced.de
VAT ID under Section 27a German VAT Act: DE357381760
("appvanced", "we", "us").
[TO BE VERIFIED: according to the imprint on appvanced.de, appvanced is a sole proprietorship; no register details are given there. If there is a commercial register entry, or if a company is formed before launch: add company name, register court, register number and authorized representatives.] - These Terms apply to every person who creates or uses an account on the Platform ("User") and to the persons and companies for which a workspace is created ("Customer", section 4(2)).
- Studio is aimed at businesses collaborating in team workspaces and at private individuals using a personal workspace. Whether a User is a consumer (Section 13 German Civil Code, BGB) or a business (Section 14 BGB) depends on the purpose for which they conclude the contract, not on the kind of workspace. Provisions that apply only to consumers or only to businesses are marked as such. Consumers are additionally covered by the special provisions in section 13 and the right of withdrawal in section 17. [TO BE VERIFIED: ask for confirmation of business status when a team workspace is created for a company?]
- Conflicting terms of Customers do not apply, even if we do not expressly object to them. A separate agreement (e.g. a business contract) takes precedence over these Terms.
- Partner organizations offering expert help on the Platform are additionally bound by the separate Partner Platform Terms. [TO BE VERIFIED: the Partner Platform Terms have been decided (PO decision F7 on AIS-1932) but not yet drafted.]
2 Description of services
- Studio is a platform for AI-assisted app development (in particular mobile apps built with Kotlin Multiplatform, plus related web and backend components). As of today it comprises in particular:
a) Maira, an AI assistant in a chat that answers questions, captures requirements, proposes work items ("Items") and can start runs;
b) AI agents that, in runs (in particular concept, planning and implementation runs), produce, review and commit concepts, plans, source code, tests and documentation to a code repository;
c) project and task management (items, proposals, decisions, run reports);
d) an in-browser preview of the app through an integrated third-party device emulation service;
e) backends based on Appwrite provided by the Platform; [TO BE VERIFIED: scope and availability of the Appwrite offering for Customers; currently operated by appvanced itself in an EU region.]
f) code repositories on GitHub: a Studio Repository per project managed by appvanced and – at the Customer's choice – a Customer Repository of the Customer's own connected to Studio (section 10(4));
g) in future, the connection of project MCP servers, i.e. external tools that the Customer configures and the agents may call; [TO BE VERIFIED: planned (AIS-1842), not yet available – remove until launch or keep marked as planned.]
h) components and templates from which projects are assembled;
i) in team workspaces, the brokering of expert help by partner organizations (section 9). - The AI features use language models of third-party providers ("model providers"), accessed through a gateway operated by appvanced. Some model providers are located outside the EU, in particular in the USA, the People's Republic of China and Singapore. appvanced decides which models are used by default; within the settings offered, the Customer can select models per project. The Customer can also activate the "Route only in the EU" (EU-only) switch per project; that project then uses only models that, according to their provider, are processed in the EU. EU-only is not the default. All model providers used are named in the list of sub-processors; details of data processing are in the Privacy Policy.
- appvanced continuously develops the Platform. Towards businesses we may change, replace or discontinue features where this is reasonable for the Customer, in particular where the core service (AI-assisted app development in Studio) is preserved. We announce material restrictions with reasonable notice. Towards consumers, section 13(3) applies.
- The Platform is at an early stage (access by invitation code, section 3(2)). Some features may be labelled "preview" or "beta" and come with limited commitments, insofar as this is permissible towards consumers. [TO BE VERIFIED: name of the launch phase and whether special rules (e.g. free trial, no availability commitment) apply.]
3 Registration, conclusion of contract and account
- Use requires an account. Registration uses the User's e-mail address and a sign-in link (magic link); further sign-in methods may be offered.
- As long as appvanced requires it, registration needs an invitation code. A code can be used once and becomes invalid when redeemed or when it expires. There is no entitlement to an invitation code. To protect against automated registrations we use bot protection at registration (Privacy Policy section 3.2).
- At registration the User must accept these Terms and take note of the Privacy Policy. We store which version was accepted and when. Before registration is completed, the Platform allows input errors to be identified and corrected. The contract text (these Terms in the accepted version) is available in the Platform; we send it to the User on request. [TO BE VERIFIED: checkbox wording – acceptance of the Terms, acknowledgement of the Privacy Policy (not consent). Implement the mandatory information in electronic commerce (Section 312i BGB, Art. 246c EGBGB) and the confirmation of the contract on a durable medium (Section 312f BGB).]
- The contract of use is concluded when registration is completed. Every User automatically receives a personal workspace (section 4(1)(a)) with the start credit under section 5(4).
- Users must provide true and complete information and keep it up to date. Users must be at least 18 years old and have full legal capacity. [TO BE VERIFIED: confirm minimum age 18; alternative 16 (observe Art. 8 GDPR, Sections 106 et seq. BGB). No technical age verification is planned, only a confirmation at registration.]
- Credentials and sign-in links must be kept secret. Users can set up two-factor authentication (time-based one-time passwords, TOTP). It is optional in personal workspaces; it may be mandatory in team workspaces or for certain functions (e.g. administrative functions, partner applications). Suspected misuse of an account must be reported to appvanced without delay.
- An account is personal and not transferable.
4 Workspaces, roles and invitations
- Content and projects always belong to a workspace (technically: an organization). There are two kinds:
a) Personal: every User has exactly one personal workspace. It carries the User's display name and is used only by them. Further members, expert help and applying as a partner organization are not available there.
b) Team: every User can create further workspaces for collaboration and becomes their owner (OWNER). Team workspaces can have further members. The number of team workspaces is not limited.
The kind of a workspace cannot be changed later. Moving projects between workspaces is currently not possible. - For a personal workspace the Customer within the meaning of these Terms is the User; for a team workspace it is the person or company for which the team workspace was created. Whoever creates a team workspace for a company warrants that they are authorized to do so. [TO BE VERIFIED: capture legal-entity details (company name, address, VAT ID) for team workspaces, at the latest when paid services are introduced.]
- A team workspace has the roles Owner (OWNER), Administrator (ADMIN) and Member (MEMBER); projects additionally have project roles (e.g. view, contribute, maintain) and the role Expert for persons of a partner organization (section 9). The rights of each role are described in the Platform. Administrators can invite members and administrators; only owners can invite further owners. A workspace can have several owners.
- Invitees without an account receive an account and their personal workspace when they accept the invitation; these Terms apply to them from acceptance.
- The Customer is responsible for whom it invites into its workspace and which rights it grants. Actions of members in the workspace are attributed to the Customer to the extent permitted by law.
- When a member's access is removed, their access to the workspace ends immediately. Content the member created in the workspace remains in the workspace.
5 AI use, start credit, price plans and prices
- AI features (in particular the chat with Maira, agent runs, content checks) cause costs with model providers and for compute. How AI use is provided and charged depends on the kind of workspace.
- Team workspaces (budget): in team workspaces AI use is charged against a budget per workspace. The budget is the amount that can actually be spent on AI use. In addition, each User has a monthly spending limit per workspace (currently USD 50) that resets every month; it limits a User's spending but does not increase the budget.
- Personal workspaces (price plans): personal workspaces have no flexible budget. Once the start credit (paragraph 4) is used up, AI use is offered through fixed price plans with an included usage quota on a subscription basis ("price plan"). Content, quota, price, term, renewal and cancellation of a price plan are shown before booking; a price plan is concluded only when the User expressly books it. When the quota of a billing period is used up, new AI actions are not carried out until the next period begins or the User switches to a larger price plan. [TO BE VERIFIED: define price plans, quota unit (e.g. credits), term and automatic renewal (Section 309 no. 9 BGB), cancellation button (Section 312k BGB), expiry of unused quota and payment provider; until then only the start credit is available.]
- Start credit: newly created workspaces currently receive a one-time free start credit: USD 50 for a team workspace, USD 20 for a personal workspace. The start credit is a voluntary, free-of-charge benefit of appvanced. It is not paid out, is not transferable and may be changed or discontinued for workspaces created in future. Start credit already granted is not affected. There is no right of withdrawal for the use of the start credit because the User pays nothing for it (section 17). [TO BE VERIFIED: confirm amounts before production launch; assess abuse by creating many team workspaces (no limit, F7).]
- When the budget, the start credit or the quota is used up or the monthly limit is reached, new AI actions are not carried out or are queued, and running runs may be ended. Results already produced are kept. The Platform reserves an amount for a run in advance; unused reservations are released.
- Prices: we provide paid services (price plans for personal workspaces; budgets for team workspaces, e.g. by top-up or separate agreement) only after a booking that the Customer expressly accepts before conclusion of the contract. Towards consumers we state total prices including VAT. Until paid services are introduced, appvanced provides AI use free of charge. [TO BE VERIFIED: pricing model for team workspaces, currency (internally USD), payment provider, invoicing, VAT, order button ("order with obligation to pay", Section 312j BGB).]
- Budgets, credit and quotas are not transferable and bear no interest. Unless the pricing model provides otherwise, they are not paid out. [TO BE VERIFIED: refund at contract end, in particular towards consumers.]
- Costs of expert help are not charged against budget or quota but billed directly between Customer and partner (section 9).
6 Obligations of Users and Customer
- Users use the Platform only in accordance with these Terms and applicable law.
- The Customer is responsible for content that it or its members bring into the Platform (texts, files, code, repositories, credentials, MCP server configurations) and for what it publishes or operates on the basis of the Platform. It ensures that it holds the necessary rights.
- The Customer brings in personal data of third parties only where it is entitled to do so. Where appvanced processes personal data on behalf of the Customer, the parties conclude a data processing agreement under Art. 28 GDPR, which forms part of the contract. The sub-processors used are set out in the list of sub-processors (Annex A of the Privacy Policy). [TO BE VERIFIED: draft the DPA; decide how it is concluded (e.g. acceptance when creating a team workspace); procedure for informing about new sub-processors and right to object (Art. 28(2) GDPR).]
- The Customer reviews AI results before using them (section 8). It is responsible for testing, approval, publication (e.g. in app stores) and operation of its app, including compliance with app store guidelines and the laws applicable to its app (e.g. data protection, accessibility, consumer protection, imprint obligations).
- Where the Customer connects its own accounts or services (e.g. its GitHub account via the GitHub App, external MCP servers, app store accounts), it is itself responsible for these accounts and for complying with the terms of the respective providers.
- Businesses back up their data to a reasonable extent themselves, in particular by connecting a Customer Repository (section 10(4)). We recommend the same to consumers. [TO BE VERIFIED: Customer backup duty vs. appvanced backup commitment; per internal documentation, database backup and a recovery procedure are not yet fully in place.]
7 Prohibited use
In particular, it is prohibited to:
- create or distribute unlawful content, in particular content that infringes third-party rights (copyright, trademark, personality rights), is criminal, glorifies violence, incites hatred or endangers children;
- develop malware, phishing pages, spam tools, tools for unauthorized surveillance or for circumventing security measures;
- use the Platform's compute environment for unrelated purposes, in particular cryptocurrency mining, network scanning, attacks on third parties, operating proxies or relays or extracting large volumes of data;
- attempt to circumvent the Platform's security, content or cost controls, in particular by prompt injection or "jailbreaks" against the AI features, by manipulating repository content passed to the agents, or by circumventing budgets and limits;
- access other Customers' data or internal Platform systems without authorization, or carry out load or penetration tests without our prior consent in text form;
- use AI results to train language models competing with the model providers, where the terms of the respective model provider prohibit this; [TO BE VERIFIED: reconcile pass-through obligations from the model providers' acceptable use policies and attach them if needed.]
- pass access on to third parties outside the intended invitation process, register accounts automatically in bulk, or trade invitation codes;
- use the Platform for practices prohibited under the AI Act (Regulation (EU) 2024/1689), or for high-risk purposes without the Customer's own required measures. [TO BE VERIFIED: classification of the Platform and of Customer use under the AI Act, in particular transparency obligations.]
appvanced uses automated safeguards, e.g. content checks of input when runs start and when repository content is read in, limits on compute and network traffic, and detection of abuse patterns. In case of violations or justified suspicion we may abort runs, block features or content, and suspend the account or workspace temporarily or permanently (section 14). We take the Customer's legitimate interests into account and inform the Customer unless this would jeopardize the investigation.
8 Notes on AI features
- Results of the AI features (Maira's answers, concepts, plans, code, tests, assessments, case briefs) are generated automatically by language models. They may be incorrect, incomplete, outdated or insecure, contain security vulnerabilities or infringe third-party rights, e.g. where a model reproduces existing code.
- appvanced owes the provision of the AI features, not a specific success or result (e.g. a working or bug-free app, or approval in an app store). Automated checks of the Platform (e.g. tests, reviews by further agents, build gates) reduce errors but do not replace review by the Customer. Consumers' statutory rights in case of defects (section 13(2)) remain unaffected.
- The Customer remains responsible for the use of the results. It reviews them before productive use, in particular for correctness, security, licence compliance and lawfulness.
- AI answers are not legal, tax or other professional advice.
- Agents act within the rights the Customer grants to the Platform (e.g. write access to working branches of the repository, calls to approved MCP servers). Where the Platform submits decisions to the Customer for approval (e.g. plans, proposals, merges), the Customer's decision governs.
- The Platform labels AI-generated content within the Platform as such. The Customer decides itself whether it must label content of its app as AI-generated towards third parties. [TO BE VERIFIED: transparency obligations under Art. 50 AI Act.]
- Data use by model providers: to carry out AI features we transmit the content needed in each case (e.g. chat messages, project content, source code) to model providers. We cannot rule out that model providers use this content to train their models or for other purposes of their own. Whether and for how long a model provider stores content, whether it uses it for training or other purposes, and when it deletes it, is governed by the terms of the respective provider. The providers we use are set out in the list of sub-processors (Annex A of the Privacy Policy). Customers who want to avoid transfers to providers outside the EU can activate EU-only per project (section 2(2)); the data use is then governed by the terms of the EU provider used. The Customer should not bring in content whose use by model providers it cannot accept. [TO BE VERIFIED: collect each model provider's terms on training, retention and deletion and link them in the list of sub-processors; check compatibility with Art. 28 GDPR for personal data in Customer content (processors may not use data for their own purposes).]
- No training by appvanced: appvanced does not train AI models with Customer content. Analysing logs for error analysis and to improve the agents (Privacy Policy section 3.12) is not training of models.
9 Expert help by partner organizations
- In team workspaces the Customer can request expert help through the Platform, e.g. when an agent cannot resolve a question itself. Expert help is provided by partner organizations that appvanced admits to the expert directory after a review. appvanced itself may act as a partner organization.
- The Platform prepares the request, proposes suitable partners and allows an open tender to which partners can submit offers. The Customer chooses the partner.
- Contractual relationship: the contract for expert help is concluded exclusively between the Customer and the partner organization. appvanced is not a party, does not provide the expert help itself (unless appvanced is chosen as the partner) and owes neither its success nor its quality. Scope, remuneration, billing, liability and – where required – a data processing agreement are agreed directly between Customer and partner. [TO BE VERIFIED: delimitation of the intermediary role (platform liability, information duties under the P2B Regulation and the DSA, price display and information duties towards consumers if a team workspace is used by a private individual); whether appvanced charges a commission.]
- Expert help is paid. Before engagement the Platform shows the price stated by the partner; the Customer expressly accepts it. Billing is done directly by the partner. AI costs that experts cause while working in the project are borne by the partner's organization.
- Data release: only administrators or owners of the Customer can request expert help. They decide in two stages which data is released: with the request, a case brief prepared by the Platform is shown to suitable admitted partners; optionally, the name and e-mail address of the requesting person are passed to the chosen partner. Only at engagement does the Customer invite a person of the partner into the project as an Expert, thereby granting access to the project. The Customer can revoke this access at any time. The Customer's chats with Maira remain private and are not passed to partners.
- Ratings of partners by Customers must be truthful and objective.
- appvanced may suspend partner organizations, remove them from the directory or ban them permanently; a partner may remove itself from the directory. The partner's expert accesses then end immediately; open cases return to the Customer.
- Expert help is not available in personal workspaces. If an agent suggests expert help there, the option is shown but disabled; the User decides the question themselves.
10 Rights in content and results; access to the code
- Customer content: all rights in content brought in by the Customer remain with the Customer. The Customer grants appvanced the non-exclusive rights, limited to the term of the contract, to store, process, reproduce and transmit this content to the model providers and services used as far as necessary to provide the services. Data use by model providers is governed by section 8(7).
- Results: to the extent that appvanced holds rights in results produced by the Platform for the Customer (in particular code, concepts, plans, documentation), appvanced grants the Customer a non-exclusive, perpetual, worldwide, transferable and sublicensable right of use. This right survives the end of the contract. Purely AI-generated content is generally not protected by copyright under German law; appvanced does not warrant any rights in it. [TO BE VERIFIED: non-exclusive vs. exclusive right of use.]
- Components, templates and libraries: results may contain components and templates of the Platform and libraries of appvanced (e.g. the appvanced KMP Suite) or of third parties (open source). The respective licence terms apply to them. [TO BE VERIFIED: define licence terms of our own components, templates and the KMP Suite for Customer apps, in particular for use after contract end.]
- Code in the Studio Repository and in the Customer Repository:
a) Every project has a private Studio Repository in a GitHub organization managed by appvanced. The agents work in it. The Studio Repository is managed by appvanced; the Customer has no direct access to it. Rights in the code in it follow paragraphs 1 to 3.
b) The Customer receives its code by connecting a Customer Repository of its own. To do so, it installs the Studio GitHub App in its GitHub account or organization and connects a repository and a base branch to the project. Changes on the base branch of the Customer Repository are taken into Studio. The Platform transfers changes from Studio as one continuously updated pull request into the Customer Repository; the Customer decides whether to merge it. In the project settings the Customer chooses which state is transferred ("sync state": published state or preview state).
c) The Customer Repository remains the property and under the control of the Customer. The Customer can end the connection at any time by uninstalling the GitHub App. Code in the Customer Repository is not affected by the deletion of the project, the workspace or the account.
d) The Customer has no further right to hand-over of the Studio Repository or to a separate export; section 13(4) (consumers) remains unaffected. We recommend connecting a Customer Repository early.
[TO BE VERIFIED: (1) The connection is evidenced in the code for the import path (RepoSettingsService.connectExisting,POST /v1/projects/{id}/repo:connect-existing, sync viaRepoSyncExecutor; rolling PR onai-studio/rolling). Confirm before launch whether a project newly created in Studio can be connected later. (2) The default "published state" currently transfers nothing until the release model is available (AIS-1480); until then the Customer receives code only with "preview state". Change the default or keep the notice in the UI and in the text. (3) A GitHub account of the Customer is a prerequisite; clarify the path for Customers without one.] - Platform: all rights in the Platform itself (software, model configuration, prompts, agents, user interface, trademarks) remain with appvanced or its licensors.
- Feedback: appvanced may use suggestions and feedback on the Platform free of charge.
- Aggregated data: appvanced may use anonymized usage and operating data that cannot be traced back to the Customer (e.g. costs, durations, error rates) to improve and bill the Platform.
11 Availability, maintenance, support
- appvanced strives for high availability of the Platform but, towards businesses, does not owe a specific availability unless separately agreed. [TO BE VERIFIED: availability commitment (SLA) for paying Customers; towards consumers, provision in conformity with the contract under Sections 327e et seq. BGB applies.]
- The Platform depends on third-party providers (in particular cloud infrastructure, model providers, authentication service, GitHub, preview service). Disruptions at these providers may limit features. Individual models may be dropped or replaced by equivalent ones; if a provider fails, the Platform may switch to a fallback model (not in EU-only mode).
- We carry out maintenance outside usual business hours where possible. Running runs may be interrupted by maintenance or restarts; the Platform resumes runs where possible.
- The Platform technically limits use, among other things to a maximum number of parallel runs per User, a maximum duration per run, and network and compute limits in the execution environment.
- Support is provided by e-mail to [support e-mail, currently kontakt@appvanced.de]. For support purposes appvanced may – after prior approval by the Customer in the individual case – access a project for a limited time; the access is logged and visible to the Customer. [TO BE VERIFIED: dedicated support address; support access has been decided (admin area, PO decision F9 on AIS-1931) but not yet built; response times.]
12 Liability
- appvanced is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and within the scope of any guarantee given.
- For slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies), liability is limited to the foreseeable damage typical for the contract.
- Otherwise, liability for slight negligence is excluded.
- Towards businesses only:
a) liability under paragraph 2 is limited to [amount] per incident and to [amount or the fees paid in the contract year] per contract year in total. [TO BE VERIFIED: liability caps and their validity in standard terms; for free use, liability standard analogous to Sections 521, 599 BGB.]
b) for loss of data, appvanced is only liable for the effort that would have been required to restore the data had the Customer backed it up properly (section 6(6));
c) the Customer indemnifies appvanced against third-party claims based on unlawful use of the Platform by the Customer or its members or on content brought in by the Customer, to the extent the Customer is responsible. - Towards consumers only paragraphs 1 to 3 apply; liability caps, the limitation for data loss and the indemnity do not apply. Contributory fault of the consumer (Section 254 BGB), e.g. missing backups, is taken into account. The statutory rights in case of defects of digital products (section 13(2)) remain unaffected.
- appvanced is not liable for services of partner organizations (section 9), for content and services connected by the Customer itself (e.g. MCP servers, own accounts) and – subject to paragraphs 1 and 2 and section 13(2) – for the correctness or lawfulness of AI results (section 8).
- The above limitations also apply in favour of appvanced's employees, representatives and vicarious agents.
13 Special provisions for consumers
- This section applies only to Users who are consumers. It takes precedence over deviating provisions of these Terms.
- Rights in case of defects: for defects of the Platform as a digital product the statutory provisions apply (Sections 327d et seq. BGB), including the obligation to provide updates (Section 327f BGB). These Terms do not restrict these rights. That AI results may be incorrect (section 8) forms part of the agreed characteristics insofar as we specifically and expressly informed the consumer of this before conclusion of the contract and the consumer expressly agreed (Section 327h BGB). [TO BE VERIFIED: Sections 327 et seq. BGB apply only if the consumer pays a price or provides personal data that is not processed solely to perform the service (Section 327(3) BGB) – check applicability while use is currently free; provide the separate confirmation under Section 327h BGB in the registration flow.]
- Changes to the Platform: beyond what is necessary to keep the Platform in conformity with the contract, we change it only for a valid reason (e.g. adaptation to new technology or law, security, discontinuation of a model or third-party service, further development of features), at no additional cost to the consumer and with clear and comprehensible information. If a change impairs access to the Platform or its usability more than insignificantly, we inform the consumer in good time beforehand on a durable medium; the consumer may then terminate the contract free of charge within 30 days (Section 327r BGB).
- Content after the end of the contract: after the contract ends, consumers may request that we make available to them, free of charge, within a reasonable period and in a commonly used, machine-readable format, the content they provided or created when using the Platform that is not personal data (Section 327p(3) BGB). For code this is done via a connected Customer Repository (section 10(4)); the statutory exceptions apply (Section 327p(3) sentence 2 BGB). [TO BE VERIFIED: path for consumers without a GitHub account and for content other than code (chats, concepts, plans); relation to the 14-day grace period and the deletion period (section 14(4)).]
- Price plans and prices: we offer paid services to consumers only as price plans (section 5(3)) at total prices including VAT. A price plan starts before the withdrawal period has expired only if the consumer expressly requested this before conclusion of the contract and confirmed the notes on the right of withdrawal (section 17(3)). These Terms contain no provision under which a service is deemed already fully performed; such a provision would be invalid towards consumers (Section 312m BGB).
- Indemnity: section 12(4)(c) does not apply to consumers.
14 Term, termination, suspension, deletion
- The contract of use runs for an indefinite period. The User can terminate it at any time without notice by deleting their account in the settings. appvanced can terminate with [four weeks'] notice. Paid contracts may have different terms; for consumers the statutory limits (Section 309 no. 9 BGB) and the cancellation button (Section 312k BGB) apply. [TO BE VERIFIED: appvanced's notice period; terms of paid plans.]
- The right to terminate for good cause remains unaffected. Good cause exists for appvanced in particular in case of serious or repeated violations of section 7.
- Suspension: in case of violations of these Terms or justified suspicion thereof, to avert dangers to the Platform or third parties, or by order of an authority, appvanced may temporarily suspend accounts, workspaces, projects or individual features and abort running runs.
- Account deletion:
a) when deletion is requested, the account is locked immediately; signing in is no longer possible.
b) within a grace period of 14 days the account can be restored on request to support.
c) after the grace period the account is deleted. With the account, the personal workspace and its projects are deleted, including the associated Studio Repositories, backends and previews. Deletion of the data is completed no later than [90] days after the deletion request; backups are overwritten within a further [7] days. [TO BE VERIFIED: confirm how the 14-day grace period (AIS-1968 F11) and the 90-day data hold after end of access (AIS-1760) fit together.]
d) before deletion the Platform lists all team workspaces in which the User is an owner. Team workspaces in which the User is the sole owner are deleted together with the account – even if they have other members; those members lose their access. Team workspaces with another owner remain; only the User's membership ends. To keep a team workspace, invite another owner before deleting the account. [TO BE VERIFIED: deleting a team workspace with other members affects third parties and possibly a business customer – legal review of notifying members, time limits and authority to act.]
e) data we must retain for legal reasons or that is needed to establish or defend claims (e.g. billing data, records of accepted terms) is restricted and deleted when the period expires; details are in the Privacy Policy. [TO BE VERIFIED: final deletion of organizations and users (AIS-1760) is not yet implemented technically.] - Code in Customer Repositories is not affected by deletion. Code in Studio Repositories is deleted with the project. Customers who want to keep their code connect a Customer Repository beforehand and transfer the desired state (section 10(4)). [TO BE VERIFIED: notice before deletion that a state not transferred will be lost.]
- Synchronization with the Customer Repository ends with the contract or with deletion of the project.
- Termination of a team workspace (on request via support or at contract end): the access of all members ends immediately. The data is kept for [90] days, during which the workspace can be reactivated. It is then deleted. A self-service function will follow. [TO BE VERIFIED: decisions on AIS-1760 (16 Oct 2026), implementation pending.]
15 Changes to these Terms
- appvanced may amend these Terms with effect for the future where there is a valid reason, in particular changes in law or case law, in the Platform's services or the introduction of a pricing model.
- Changes take effect only with the User's active consent. Silence or mere continued use does not count as consent. We communicate the amended version at least [six weeks] before it is intended to take effect, by e-mail or in the Platform, and highlight the changes; the Platform asks for consent at the next sign-in.
- Until consent is given, the previous version continues to apply to the User. If the User does not consent, either party may terminate the contract with ordinary notice (section 14(1)).
- Changes to the main performance obligations or prices always require separate express consent. Section 13(3) (changes to the Platform towards consumers) remains unaffected.
[TO BE VERIFIED: whether the Platform may restrict use until consent is given; technical implementation of re-acceptance on version change (the accepted version is stored per F10).]
16 Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.
- If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Neuss, Germany. [TO BE VERIFIED: competent court at the registered office.]
- The contract languages are German and English. In case of conflict, the German version prevails towards businesses. [TO BE VERIFIED: precedence of the German version towards English-speaking consumers.]
- Consumer dispute resolution: we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. [TO BE VERIFIED: information duty under Section 36 VSBG depends on headcount; the imprint on appvanced.de also refers to the European Commission's ODR platform, which was discontinued on 20 July 2025 – remove it there and do not adopt it here.]
- Should individual provisions be invalid, the remainder of the contract remains valid. The statutory provisions take the place of the invalid provision.
17 Right of withdrawal
- Who has a right of withdrawal: consumers have a statutory right of withdrawal, as set out in the following withdrawal notice, for paid contracts they conclude with us online (in particular price plans for personal workspaces). Businesses have no statutory right of withdrawal; this applies in particular to contracts for team workspaces concluded by companies. [TO BE VERIFIED: team workspaces can also be created by private individuals (no limit, F7). Have business status confirmed before paid team services; otherwise the right of withdrawal applies there as well.]
- Start credit: the free start credit (section 5(4); personal USD 20, team USD 50) is free of charge. There is no right of withdrawal for the free contract of use; the User can end it at any time by deleting the account (section 14(1)). [TO BE VERIFIED: rule out "paying with data" (Section 312(1a) BGB) – correct only if personal data is processed solely to provide the service.]
- Immediate start of price plans: Studio is a digital service. When a consumer books a price plan, they can use the services immediately if, before conclusion of the contract, they actively confirm
a) that they expressly request that we begin the service before the withdrawal period expires, and
b) that they acknowledge that their right of withdrawal expires once we have fully performed the service (Section 356(4) BGB), and that, if they withdraw before then, they owe compensation for the services provided up to that point (Section 357a(2) BGB).
Both confirmations are given via separate checkboxes that are not pre-ticked. Without these confirmations the price plan starts only after the withdrawal period has expired. [TO BE VERIFIED: design in the booking flow.] - Confirmation: after conclusion of the contract we send the consumer a confirmation of the contract on a durable medium (e-mail) containing the contract content, this withdrawal notice and – if given – the confirmations under paragraph 3 (Section 312f BGB).
- Calculation of compensation: if a consumer withdraws from a price plan after requesting the immediate start, compensation is calculated pro rata of the agreed price of the current billing period, based on
a) the share of the quota used in the quota of the billing period, or
b) the share of the time elapsed in the billing period,
whichever amount is higher. Example: price plan EUR 30/month, 40 % of the quota used after 5 days – compensation EUR 12 (40 %), since the time share (5 of 30 days, EUR 5) is lower. We refund the rest of the price paid. [TO BE VERIFIED: validity of the "whichever is higher" rule (Section 357a(2) BGB: share of the service provided in the total scope; market value if the total price is disproportionately high). Example amounts are placeholders.] - Expiry when the quota is used up: if the consumer has fully used the quota of the billing period before the withdrawal period expires, the service owed for that period has been fully performed; the right of withdrawal then expires under the conditions of paragraph 3 (Section 356(4) BGB). [TO BE VERIFIED: whether, for a subscription with recurring periods, the service is "fully performed" when the quota of one period is used up, or whether the entire contract term is decisive; treat as a risk until clarified.]
- Further special notes are at the end of the withdrawal notice.
[TO BE VERIFIED: integrate the notice bindingly when price plans start; reconcile with the model texts under Annexes 1 and 2 to Art. 246a § 1(2) EGBGB as applicable at publication; implement the withdrawal function ("withdrawal button") under Directive (EU) 2023/2673 in the UI.]
Withdrawal notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (appvanced Jan Kronenberg, Am Fuchsberg 2b, 41468 Neuss, Germany, phone: +49 170 955 3 669, e-mail: kontakt@appvanced.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Special notes
- Calculation of compensation: we calculate the share of the services already provided by the share of the usage quota used or by the share of the billing period elapsed, whichever is higher (section 17(5) of the Terms).
- Early expiry: your right of withdrawal expires when we have fully performed the service and you, before performance began, expressly requested that we begin performance before the withdrawal period expires and confirmed your knowledge that your right of withdrawal expires once we have fully performed the contract (Section 356(4) BGB). If you have fully used the usage quota of the billing period before the withdrawal period expires, the service for that period has been fully performed.
- Without your express request we do not begin paid services before the withdrawal period has expired.
- There is no right of withdrawal for the free start credit, since you pay nothing for it.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
– To appvanced Jan Kronenberg, Am Fuchsberg 2b, 41468 Neuss, Germany, e-mail: kontakt@appvanced.de:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date
(*) Delete as appropriate.