Terms of Service

Effective Date: 28 May 2026

Last Updated: 28 May 2026

Terms of Service

These Terms of Service ("Terms") govern the use of the software-as-a-service platform and related services ("Service") provided by [SortYourThoughts, John Boyd-Rainey], Germany ("Provider", "we", "us").

By registering for or using the Service, users agree to these Terms.

1. Scope and Nature of the Service

The Service is provided as an internet-based software platform.

The Provider may continuously develop, modify, restrict, or improve the Service to maintain security, stability, legal compliance, or technical functionality.

The Provider does not guarantee that the Service will meet all user requirements or operate without interruption, delay, or error.

The Service is provided subject to technical availability and operational capacity.

2. User Eligibility

Users may use the Service only if legally capable of entering binding contracts.

Business users act in exercise of their commercial or independent professional activity.

3. User Accounts

Users are responsible for:

• maintaining confidential credentials,
• all activities under their account,
• protecting account access devices,
• ensuring authorized use only.

Users must immediately notify the Provider of:

• suspected unauthorized access,
• security incidents,
• compromised credentials.

The Provider may suspend accounts where necessary for:

• security reasons,
• legal compliance,
• technical protection,
• suspected abuse,
• excessive system load,
• violations of these Terms.

4. Acceptable Use

Users shall not:

• violate applicable law,
• upload malicious code,
• interfere with infrastructure,
• reverse engineer the Service except where mandatory law permits,
• attempt unauthorized access,
• use automated systems causing unreasonable load,
• infringe third-party rights,
• process unlawful content.

The Provider may remove content or suspend access where reasonably necessary.

5. Third-Party Services

The Service may depend on third-party infrastructure, hosting providers, APIs, payment providers, or communication services.

The Provider is not responsible for failures caused by third-party providers outside the Provider’s reasonable control.

6. Availability and Maintenance

The Provider does not guarantee uninterrupted or error-free availability.

Maintenance windows, updates, security measures, emergency actions, force majeure events, internet disruptions, cyberattacks, hardware failures, and third-party outages may affect availability.

Unless explicitly agreed otherwise in writing, no minimum uptime or service level applies.

7. User Data and Backups

Users retain ownership of their data.

Users are solely responsible for:

• verifying uploaded data,
• maintaining independent backups,
• assessing suitability of the Service for their intended use.

The Service is not intended as the sole storage location for critical or irreplaceable data unless explicitly agreed otherwise.

The Provider may create backups for operational purposes without assuming a contractual obligation for permanent data retention or recovery.

Users are responsible for exporting their data before termination of the Service.

8. Data Protection

Personal data shall be processed in accordance with the Privacy Policy and applicable data protection law.

Where legally required, the parties shall enter into a Data Processing Agreement (DPA / AVV).

Users remain responsible for the lawfulness of data uploaded or processed through the Service.

9. Intellectual Property

All intellectual property rights relating to the Service remain exclusively with the Provider or its licensors.

Users receive a limited, non-exclusive, non-transferable right to use the Service during the subscription period.

No source code, ownership rights, or broader licenses are transferred.

10. Fees and Payment

Fees are specified on the applicable pricing page or individual agreement.

Unless otherwise agreed:

• fees are payable in advance,
• subscriptions renew automatically,
• payments are non-refundable except where mandatory law requires otherwise.

The Provider may suspend access for overdue payments.

11. Consumer Right of Withdrawal (B2C Only)

Consumers may have a statutory right of withdrawal under EU consumer protection law.

Users expressly consent that digital services may begin immediately after purchase and acknowledge that the right of withdrawal may expire once performance begins, where legally permissible.

12. Warranty Disclaimer

To the maximum extent permitted by law, the Service is provided "as available".

The Provider does not guarantee:

• uninterrupted operation,
• permanent availability,
• compatibility with all systems,
• absence of security vulnerabilities,
• fitness for a specific purpose,
• economic success or business outcomes.

Users are responsible for evaluating whether the Service is suitable for their intended use.

13. Limitation of Liability

The Provider shall have unlimited liability only for:

• intent,
• gross negligence,
• injury to life, body, or health,
• fraudulent concealment,
• claims under mandatory statutory liability provisions.

In cases of ordinary negligence, the Provider shall only be liable for breaches of essential contractual obligations ("Kardinalpflichten").

In such cases, liability shall be limited to foreseeable damages typical for this type of contract.

Except in cases above, the Provider shall not be liable for:

• indirect damages,
• consequential damages,
• lost profits,
• loss of revenue,
• business interruption,
• reputational damage,
• loss of opportunity,
• third-party claims,
• data loss where the user failed to maintain adequate backups.

Except where mandatory law prohibits such limitation, aggregate liability shall be limited:

• for consumers: to the typical foreseeable damage,
• for business users: to the total fees paid during the twelve (12) months preceding the damaging event.

14. Indemnification

Users shall indemnify and hold harmless the Provider against third-party claims arising from:

• unlawful use of the Service,
• user content,
• violations of law,
• violations of third-party rights.

15. Security

The Provider implements reasonable technical and organizational security measures.

No internet-based system can be guaranteed fully secure.

Users acknowledge that cyberattacks, unauthorized access, software vulnerabilities, and infrastructure failures may occur despite reasonable safeguards.

16. Suspension and Termination

Users may terminate subscriptions subject to applicable notice periods.

The Provider may suspend or terminate access where:

• users materially breach these Terms,
• security risks arise,
• unlawful activity is suspected,
• operation of the Service is endangered,
• payment obligations remain outstanding.

Following termination, user data may be deleted after a reasonable retention period unless legal obligations require continued storage.

17. Changes to the Service and Terms

The Provider may modify these Terms where necessary due to:

• legal changes,
• security requirements,
• technical developments,
• operational adjustments.

Material changes shall be communicated in advance where legally required.

18. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection laws of the consumer’s country of residence remain unaffected.

If the user is a merchant, legal entity under public law, or special fund under public law, exclusive jurisdiction shall be the Provider’s registered office.

19. Severability

If any provision of these Terms is invalid, the remaining provisions shall remain unaffected to the extent permitted by law.

20. Contact Information

Email
Address: SortYourThoughts, John Boyd-Rainey, Heidegartenstr. 26, D-53125 Bonn, Germany.