Terms of Service

These Terms of Service apply to the use of VyHub and the services provided by the Operator named in our Legal / Imprint.

Terms of Service

Definitions

"Operator" (also "we", "us", "our") means Jakob Müller IT-Services, the website operator named in the Legal / Imprint.
"VyHub" means the software product and its related services offered by the Operator, whether used as a self-hosted product or provided as a managed cloud service.
"Customer" (also "you", "your") means the natural or legal person who purchases a license for, or otherwise uses, VyHub or any service provided by the Operator.
"Consumer" means a Customer who is a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. a natural person entering into the contract for purposes that are predominantly outside their trade, business, or profession.
"Business Customer" means a Customer who is an entrepreneur within the meaning of § 14 BGB, i.e. enters into the contract in the exercise of their trade, business, or self-employed professional activity.

Scope of these Terms

By using this website, VyHub, or any service provided by the Operator, the Customer agrees to the following terms, which together form these Terms of Service:

General Terms (this document)
Refer a Friend Program Terms (below)
Privacy Terms (set out in the separate Privacy Policy)

Changes to these terms are governed by the section "Changes to these Terms" below.

VyHub is offered by the Operator both as a self-hosted product and as a managed cloud service. No commission, revenue share, or other fee is charged on transactions the Customer processes through their VyHub installation or instance.

Conclusion of Contract

The presentation of licenses and services on this website does not constitute a binding offer by the Operator.
By completing the checkout process (clicking the order button), the Customer submits a binding offer to purchase the selected license or service. The contract is concluded when the Operator confirms the order in text form (e.g. by email) or provides the license or service.
Before submitting the order, the Customer can review the order details at any time and correct input errors using the input fields provided in the checkout process.
The Operator stores the text of the contract and sends the Customer the order details and these terms in text form (e.g. by email).
The contract can be concluded in German or English.

Self-Hosted Licenses

A license grants the Customer the right to operate one (1) VyHub installation for the duration of the license.
The license is granted to the Customer personally and on a non-exclusive basis. The Customer may not transfer, assign, sublicense, rent out, or otherwise pass on the license or the Customer's rights and obligations under these terms, whether in whole or in part.
The Customer may run VyHub for any purpose, including commercial and paid offerings, without owing the Operator any royalties or revenue share.
The 1-year and 2-year licenses are subscriptions. For Business Customers, the subscription renews automatically for the same period at the end of the billing period unless cancelled beforehand; the Business Customer retains access until the end of the current billing period. For Consumers, the subscription continues for an indefinite period after the initial term and may be terminated at any time with one (1) month's notice; amounts prepaid for the time after the termination takes effect are refunded pro rata.
The Lifetime license is a one-time purchase and grants the right to operate VyHub for an unlimited time. It does not oblige the Operator to continue developing or offering VyHub for any particular period.
The Operator may discontinue VyHub or any of its features for technical, economic, or business reasons. A discontinuation of VyHub will be announced at least three (3) months in advance. In the event of a discontinuation, subscriptions end at the end of their current billing period and do not renew. A discontinuation does not end the right to operate an existing self-hosted installation: the Customer may continue to run it for the remaining duration of their license — in the case of a Lifetime license, without time limit — but no updates, support, or other services are provided after the discontinuation. Statutory rights remain unaffected.
The Customer may upgrade from a shorter license to a longer one at any time. On upgrade, the remaining time of the previous license is added to the new license.
Except where expressly permitted in these terms or by mandatory law, the Customer may not resell, redistribute, or sublicense VyHub or any of its components.

Cloud Licenses

A cloud license grants the Customer access to one (1) VyHub instance that the Operator hosts, operates, and updates on the Customer's behalf for the duration of the license.
The cloud license is granted to the Customer personally and on a non-exclusive basis. The Customer may not transfer, assign, sublicense, rent out, or otherwise pass on the license or the Customer's rights and obligations under these terms, whether in whole or in part.
The Customer may run their VyHub instance for any purpose, including commercial and paid offerings, without owing the Operator any royalties or revenue share.
The cloud license is a subscription. For Business Customers, it renews automatically for the same period at the end of the billing period unless cancelled beforehand; the Business Customer retains access until the end of the current billing period. For Consumers, the subscription continues for an indefinite period after the initial term and may be terminated at any time with one (1) month's notice; amounts prepaid for the time after the termination takes effect are refunded pro rata.
The Customer is responsible for the content stored in and served through their instance, and for exporting any data they wish to retain before the license ends. After the license ends, the Operator may delete the Customer's instance and its data.
The Operator may terminate the cloud service at any time by giving at least fourteen (14) days' prior notice. In this case, the Customer may request a partial refund of the unused portion of their license, up to a maximum of one (1) year of license time.
Where the Operator processes personal data on behalf of the Customer as part of the cloud service, the parties conclude a data processing agreement pursuant to Art. 28 GDPR, which the Operator provides on request and which forms part of the contract.

Updates and New Features

VyHub is provided in the version current at the time of purchase. Beyond the Operator's statutory obligations, the Operator is not obliged to provide new features, improvements, or continued compatibility with third-party systems, for any license tier. Whether and when the Operator releases such additions is at the Operator's own discretion, and providing one free of charge does not oblige the Operator to provide any further ones. Outside of a separately purchased support plan and the Operator's statutory obligations, the Operator is not obliged to provide support of any kind.

For Consumers, the statutory provisions on digital products (§§ 327 ff. BGB) remain unaffected. In particular, the Operator will provide Consumers with the updates — including security updates — that are necessary for VyHub to remain in conformity with the contract, for the period required by law (§ 327f BGB), and Consumers retain their statutory rights in the event of defects.

For self-hosted licenses, the Operator may offer the license with a deviation from these objective requirements (§ 327h BGB): where the Consumer has been specifically informed before ordering that the license is supplied without any entitlement to updates, including security updates, and has expressly and separately agreed to this deviation during checkout, the Operator is not obliged to provide such updates. Cloud licenses are not affected by this deviation.

For self-hosted licenses, the Customer is responsible for keeping their installation current and for applying any updates or fixes that the Operator makes available. For cloud instances, the Operator applies updates on the Customer's behalf at its discretion.

If the Customer suggests a feature and the Operator chooses to implement it, the Customer waives any claim or right to that feature, its implementation, or any compensation for it. The Customer confirms that, to their knowledge, any feature they suggest does not infringe the rights of any third party.

Support Packages

Support is provided in two tiers. All response times are counted in business days (Mon–Fri, excluding German public holidays). Support is provided in English or German.

Basic Support — included with every license

Access to community resources and the Operator's support email address.
No guaranteed response, no guaranteed response time, and no guaranteed resolution.

Advanced Support — optional add-on

Includes everything in Basic Support.
Guaranteed first response within seven (7) business days for support requests submitted via email.
Basic assistance with the installation of VyHub on infrastructure that the Customer provides.
No guaranteed resolution. The Operator does not guarantee that any specific issue can be solved.

Availability and Provision of Services

This section applies to the managed cloud service and to this website.

The Operator makes reasonable efforts to keep the cloud service and this website available at all times. Technical problems may result in temporary interruptions.
The Operator makes reasonable efforts to secure its services, but cannot guarantee complete security at all times.
No specific level of availability or uptime is guaranteed unless expressly agreed. Claims of the Customer arising from interruptions or malfunctions are governed by the sections "Refunds" and "Liability" and by statutory law.
Maintenance work may lead to downtime. Where maintenance is planned, the Operator will make reasonable efforts to announce it in advance.

Payment

Prices are stated on the pricing page. All prices are total prices; in accordance with the German small business scheme (§ 19 UStG), no VAT is charged.
Available payment methods are limited to those offered during checkout (e.g. Stripe, PayPal).
The Customer shall provide accurate and complete billing information.
Invoices are due upon receipt unless stated otherwise.

Refunds

Refunds are only granted as expressly described in these terms or where required by applicable law. Statutory rights — in particular rights in the event of defects and the Consumer right of withdrawal below — remain unaffected.
Beyond that, no goodwill refund is granted after a license has been issued, delivered, or used.

Right of Withdrawal (Consumers)

Consumers have a statutory right of withdrawal. The instruction on withdrawal and the model withdrawal form are set out on the separate Right of Withdrawal page.

Termination

These terms and the Customer's license remain in force until terminated.
The Customer's license ends automatically if the Customer breaches these terms and fails to remedy the breach after the Operator asks them to, if the Customer is granted a full refund at their own request, if the Customer initiates an unjustified chargeback or payment dispute for VyHub, or when any free, trial, or otherwise time-limited or conditional access comes to an end.
Once the license has ended, the Customer must stop using VyHub.

Liability

The Operator is liable without limitation for damages caused by intent or gross negligence, in the event of fraudulent concealment of a defect, under an expressly given guarantee, under the German Product Liability Act (Produkthaftungsgesetz), and for injury to life, body, or health.
In cases of slight negligence, the Operator is liable only for the breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely ("Kardinalpflicht"). In these cases, liability is limited to the damage that is typical for this type of contract and foreseeable at the time the contract was concluded.
Any further liability of the Operator is excluded. Subject to the foregoing, the Operator is in particular not liable for downtime, interruptions, malfunctions, data loss, or other failures caused by the server or infrastructure on which the Customer operates VyHub, by third-party services or infrastructure, by other software or devices the Customer uses, or by source code, configuration, or changes that the Customer writes or applies.
For the cloud service, the Operator's no-fault liability for defects that already existed at the time the contract was concluded (§ 536a (1) BGB) is excluded; liability under the first two bullets of this section remains unaffected.
The above limitations also apply in favour of the Operator's legal representatives and vicarious agents.
For Consumers, the statutory provisions on digital products (§§ 327 ff. BGB) and any other mandatory statutory liability remain unaffected.

Indemnification

The Customer will indemnify the Operator and hold it harmless against claims, demands, or proceedings brought by third parties that arise from a culpable breach by the Customer of these terms or of applicable law — in particular in connection with content the Customer uploads, hosts, or distributes through VyHub, or an infringement of the Operator's intellectual property rights — including the reasonable costs of legal defence. The Operator will inform the Customer of such claims without undue delay and give the Customer the opportunity to participate in the defence; further statutory claims of the Operator remain unaffected.

Content and Use

The Customer is responsible for any content they upload, host, or distribute through VyHub.
The Customer may not use VyHub or the Operator's website to violate applicable laws, including but not limited to laws regarding intellectual property, gambling, narcotics, weapons, pornography, or hate speech.
The Customer may not remove, alter, or obscure any VyHub branding, copyright, or ownership notices contained in the software; they must remain intact and visible unless the Operator permits otherwise in writing.
The Operator may suspend access to its services if the Customer breaches these terms.

Further User Obligations

The Customer shall refrain from any action that may cause detriment to others or to the Operator's services.
Tampering with the website or the Operator's services, breaching the privacy of others, harassment, and transmitting malware or viruses are prohibited. Where detected, this may lead to a permanent ban from the service and the loss of all associated rights, including the suspension of the Customer's account and any associated balance.

Intellectual Property

All intellectual property rights related to VyHub, including logos, names, and source code, remain with the Operator. By purchasing a license, the Customer obtains a non-exclusive, non-transferable right to operate VyHub for the duration of the license. The Customer does not obtain ownership of any intellectual property.

Changes to these Terms

The Operator may change these Terms of Service with effect for the future where there is a valid reason for doing so (for example, changes in legislation or case law, or changes to the service) and the change is reasonable for the Customer. Changes will be announced to the Customer in text form (for example, by email) at least six (6) weeks before they take effect; the announcement will highlight the changes and inform the Customer of their right to object and the consequences of not objecting. If the Customer does not object before the changes take effect, the changes are deemed accepted. Changes that affect the parties' main obligations — in particular the nature and scope of the licensed service and prices — require the Customer's express consent. If the Customer objects, the contract continues under the previous terms, and the Operator may terminate it with reasonable notice; amounts prepaid for periods after such a termination are refunded pro rata.

Price changes for subscriptions take effect no earlier than the next renewal of the subscription and are announced at least six (6) weeks in advance; the Customer may terminate the subscription with effect from the date the new price would apply.

Other Important Terms

The Operator may use external links on its websites that are not controlled by the Operator. The Operator takes no responsibility or liability for any external services.
Consumer dispute resolution: The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).
These terms are provided in German and English. The German version is authoritative; the English version is a non-binding convenience translation.
The website and all of the Operator's services are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence. If the Customer is a merchant (Kaufmann), a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Dresden, Germany.
Should individual parts of these terms be invalid or unenforceable, the validity of the remaining terms remains unaffected. The invalid or unenforceable provision shall be replaced by a valid one whose effects come closest to the economic objective pursued by the parties.

Refer a Friend Program

By joining the Operator's Refer a Friend Program ("Program"), the Customer ("Referrer") may earn performance-based compensation when a new customer purchases a VyHub license through the Referrer's personal referral link. To participate, the Referrer must register an account with the Operator; the Operator will then provide the Referrer with their personal referral link. By using the Program, the Referrer agrees to be bound by these terms, the Privacy Policy, and any applicable program details.

Qualifying Transactions

The Referrer earns fifteen percent (15%) of the license payment made to the Operator by a new customer who signed up using the Referrer's referral link.
Rewards are granted only for genuinely new customers. A transaction does not qualify if the paying customer, or the community or installation they operate, has already used VyHub before signing up via the referral link — in particular where an existing customer, installation, or instance is moved to a newly created account that was referred.
A monthly earnings cap of twenty thousand euros (20,000 €) per billing month applies.
Certain items generate low or no revenue for the Operator — for example heavily discounted or promotional offers. For these the Referrer earns a correspondingly low or no reward.
The Referrer is paid only once for each qualifying transaction; no duplicate payments are made.

Referrer Conduct

When promoting VyHub, the Referrer must comply with applicable law — in particular the German Act against Unfair Competition (UWG), data protection law, and the rules of the platforms on which they advertise.
The following are prohibited in particular: unsolicited electronic advertising (spam, § 7 UWG); misleading statements about VyHub, its features, or pricing; advertising on the Operator's trademarks or confusingly similar terms in paid search; self-referrals and referrals of accounts controlled by the Referrer; and any technical manipulation, such as forced clicks or cookie dropping.
The Referrer will indemnify the Operator against third-party claims arising from a culpable breach of this section, including the reasonable costs of legal defence.
In the event of a breach of this section, the Operator may exclude the Referrer from the Program with immediate effect; commissions obtained through such a breach are forfeited.

Payout

After a qualifying transaction, the amount is first shown as a pending balance in the Referrer's account until the transaction is finally confirmed and fully processed. This may take up to four (4) weeks after the Operator has received the payment from the new customer.
Once confirmed, the amount is credited to the Referrer's available balance.
The Operator determines the number and value of qualifying transactions, credits, and chargeback debits on the basis of its records. The Referrer may object to a determination within four (4) weeks of it being made available in their account; statutory rights remain unaffected.
Payouts are made in euro (€) to a European IBAN or a verified PayPal account, or may be applied to the Referrer's balance for use with the Operator's services.
A payout is only possible for amounts higher than five euros (5 €). The Referrer bears all transaction costs.

Taxes

The Referrer is solely responsible for any taxes due in connection with their participation in the Program. The Operator does not pay the Referrer any additional compensation for taxes. Where the withholding of tax is required in respect of a payment to the Referrer, the Operator will withhold the applicable amount and remit it to the relevant authorities in accordance with applicable law.

Further Terms

The Operator has no obligation to pay the Referrer for qualifying transactions during any period in which the Referrer is in breach of these terms, or in which the Operator reasonably believes that the Referrer or anyone acting on their behalf has breached these terms or engaged in fraudulent activity.
The Operator may debit the Referrer's account by an amount equal to a previous payment or a pending credit if the Operator determines, at its sole discretion, that there has been a duplicate entry or clear error, a non-bona-fide or fraudulent transaction, a failure to complete or a reversal of a qualifying transaction, or a breach of these terms. This may include previous payout cycles.
If a qualifying transaction is later charged back or refunded, the corresponding amount is deducted from the Referrer's account, including in previous payout cycles. If the Referrer's account balance becomes negative as a result, the Referrer is obliged to repay the outstanding amount to the Operator.
The Operator may change or discontinue the Program at any time.

Privacy

How the Operator collects, uses, and protects the Customer's personal data is described in the separate Privacy Policy.