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Terms of Service (AGB) — DRAFT

Draft version: 2026-05-11 (draft)

DRAFT — Not yet in force. This document takes effect only after Gewerbeanmeldung and activation of paid plans. No payment obligations exist during beta.

Provider ("Boncard"): Oleksandr Chornous, Drewerstraße 5, 59602 Rüthen, Germany. Email: sahajaret@gmail.com.

§1 Scope

Governs the contract between Boncard and the business customer ("Customer") on the use of the SaaS platform at boncard.app. Boncard targets businesses (§ 14 BGB) exclusively.

§2 Contract conclusion

Registration constitutes an offer; activation by Boncard accepts it. The Customer warrants the truth of the registration data.

§3 Services

Software for loyalty program management. During beta only the Free Plan is available.

§4 Prices and payment

Beta: free. Future prices added before activation, plus statutory VAT. Invoices in PDF.

§5 Availability

99% best-effort availability target. No SLA on Free.

§6 Customer duties

Passwords of at least 8 characters including one uppercase letter and one digit, credential confidentiality, GDPR compliance toward end customers, no unlawful content.

§7 Liability

Unlimited for intent, gross negligence and harm to life/body/health. Capped to typical foreseeable damage on slight negligence of cardinal duties. Otherwise excluded. Data-loss liability capped to backup-due cost.

§8 Data protection

Processing per Privacy Policy; processor relationship per DPA.

§9 Term and termination

Indefinite. Customer can terminate any time via /admin/settings or email. Boncard with 30-day notice to month-end. Termination for cause unaffected.

§10 EU Data Act

Per EU Data Act (Regulation 2023/2854), in force since 12.09.2025 (switching charges fully prohibited from 12.01.2027):

  1. Termination period: max 2 months from receipt of written termination. All features remain active during the period.
  2. Free data export: before and during termination the Customer may obtain all own data as JSON via /api/admin/export (self-service) or on request. No export or bandwidth fees apply.
  3. Data format: open, widely used JSON standard (RFC 8259). CSV on request.
  4. No switching fees (from 12.01.2027): per Art. 29 Data Act no termination, switching or data extraction fees apply.
  5. Cooperation duty: Boncard answers written switching requests within 5 working days and on request provides technical details (schema, field definitions).
  6. Functional equivalence: export follows Boncard data types. A direct import path to competing SaaS is not guaranteed (no established industry-wide loyalty standards).
  7. Sub-processor change: at least 30 days advance notice per EDPB Opinion 22/2024 (see AVV §5).

Details in theData Act Switching & Exit Policy.

§11 Changes

Changes with 30-day notice. Silence = acceptance; objection ends the contract at the change effective date.

§12 Final provisions

German law (excluding CISG). Venue: Soest for merchants/legal persons. Severability. Text form for changes.