1. Scope and parties

These Terms of Use (the "Terms") govern your use of the Xircuit software-as-a-service platform and the associated web and mobile applications (collectively, the "Service"), operated by ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, Germany ("we", "us"). By creating an account or otherwise using the Service you agree to these Terms.

The Service is offered both to consumers (Verbraucher within the meaning of § 13 BGB) and to businesses (Unternehmer within the meaning of § 14 BGB). Provisions expressly addressed to consumers apply only to consumers; provisions expressly addressed to business customers apply only to business customers.

2. Account and registration

To use most features of the Service you must create an account. Authentication is provided by Auth0. You must provide accurate information, keep your credentials confidential and notify us without undue delay if you become aware of any unauthorised use of your account.

You must be at least 16 years old, or the minimum age required in your country, to create an individual account. Business customers warrant that the person registering on their behalf has authority to bind the organisation. We may refuse or terminate accounts where registration data is inaccurate, incomplete or misleading.

3. Licence to use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose during the term of your subscription. All rights not expressly granted are reserved. No source code or other software is delivered to you; the Service is provided as a hosted service.

4. Acceptable use

You agree not to:

- use the Service in violation of applicable law or third-party rights; - upload malware, conduct denial-of-service attacks or attempt to circumvent security or rate limits; - reverse-engineer, decompile or disassemble the Service except as permitted by mandatory law; - use the Service to send unsolicited commercial communications; - scrape, mine or otherwise extract data from the Service in bulk except through documented APIs; - impersonate any person or misrepresent your affiliation with any organisation.

We may suspend access without notice where necessary to protect the integrity of the Service or other users.

5. Customer content and intellectual property

You retain all rights in the data and content you submit to the Service ("Customer Content"). You grant us a limited, worldwide, royalty-free licence to host, process and display Customer Content solely as necessary to operate the Service for you.

The Service itself, including all software, designs, trademarks and documentation, is owned by ThreeB IT GmbH or its licensors and is protected by intellectual-property law. Feedback you provide may be used by us without restriction and without obligation to you.

6. Health data (Practice tier)

Where you use the Practice tier to process patient data, you are the controller within the meaning of Art. 4 (7) GDPR and we act as your processor under a separate data-processing agreement (DPA) which forms part of these Terms. You warrant that you have a valid legal basis for processing health data, that you are subject to or contractually bound by professional secrecy where required, and that you will configure retention and access controls in accordance with your statutory obligations.

7. Paid features and billing (placeholder)

Paid tiers of the Service will be offered on a subscription basis. Prices, billing periods, payment methods and cancellation terms will be published on our pricing page and confirmed at checkout. Unless stated otherwise, prices are net of statutory VAT, which will be added at the applicable rate. Detailed payment terms will be added to these Terms before paid tiers become generally available.

8. Right of withdrawal (consumers)

Consumers within the meaning of § 13 BGB have a statutory right to withdraw from a contract within 14 days without giving reasons (§ 355 BGB). A separate withdrawal notice with full instructions and a model withdrawal form will be provided before checkout. The right of withdrawal expires prematurely if we have begun performing a digital service with your express prior consent and your acknowledgement that you lose your right of withdrawal upon commencement of performance (§ 356 (5) BGB).

9. Beta service and availability

During the closed-beta phase the Service is provided on an "as-is" and "as-available" basis. We aim for high availability but do not guarantee uninterrupted operation. We may modify, suspend or discontinue features at any time without prior notice during the beta. Statutory warranty rights of consumers under §§ 327 et seq. BGB remain unaffected.

10. Warranty

For paid Services we provide warranty in accordance with statutory provisions, in particular §§ 327 et seq. BGB for consumer contracts on digital products. For free Services and during the beta we provide the Service in the condition agreed; § 521 BGB applies analogously. Nothing in these Terms excludes liability or rights that cannot be excluded under mandatory law.

11. Limitation of liability

We are liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by us, for damages caused by intent or gross negligence, and under the German Product Liability Act.

For damages caused by simple negligence we are liable only insofar as the breach concerns a material contractual obligation (a duty whose fulfilment is essential to the proper performance of the contract and on whose observance the contractual partner regularly relies). In such cases our liability is limited to the damages typical for this type of contract and foreseeable at the time of conclusion of the contract.

Any further liability for simple negligence is excluded. The limitations of this section also apply to our legal representatives and vicarious agents.

12. Indemnity (business customers)

Business customers shall indemnify us against third-party claims arising from a breach of these Terms by the customer or by users of the customer's account, in particular claims arising from unlawful Customer Content, including reasonable costs of legal defence. This does not apply where the customer is not responsible for the breach.

13. Term and termination

Free accounts may be terminated by either party at any time without notice. Paid subscriptions run for the term agreed at checkout and may be terminated by either party in accordance with the cancellation terms published at the time of subscription. The right of either party to terminate for good cause (§ 314 BGB) remains unaffected. Upon termination your right to use the Service ends; you may export your Customer Content during a reasonable grace period. Beyond contractual termination, you may delete your Xircuit account at any time via Profile → Danger zone; deletion takes effect 30 days after the request unless cancelled. See https://app.xircuit.com/legal/account-deletion and the Privacy Policy for what is removed and what is retained.

14. Changes to these Terms

We may amend these Terms where this is necessary to reflect changes to the Service, to applicable law or to address security issues, and where the amendments are reasonable for you taking into account our legitimate interests. We will notify you at least 30 days in advance via email or in-app notice. If you object to the changes within that period your subscription will continue under the previous terms until the end of the then-current billing period, after which we may terminate the contract. Material changes that affect the agreed scope of services require your express consent.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Where the consumer's habitual residence is in another EU/EEA member state, the mandatory consumer-protection provisions of that state remain unaffected.

For business customers, legal persons under public law and special funds under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the registered seat of ThreeB IT GmbH. Statutory exclusive places of jurisdiction remain unaffected.

16. Severability

Should any provision of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision the statutory provisions shall apply.

17. Contact

Questions about these Terms? Contact us at hello@threebit.io or by post at ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, Germany.