General Terms and Conditions for simpleBuild

(1) These General Terms and Conditions (Terms) apply to all contracts between simpleBuild UG (haftungsbeschränkt) (hereinafter "simpleBuild" or "we") and its users (hereinafter "Users") concerning the use of the simpleBuild web app at app.simplebuild.de, including the AI assistant NIMA (together the "Service").

(2) The Service is intended for consumers within the meaning of Section 13 of the German Civil Code (BGB) whose habitual residence is in Germany, Austria or Switzerland. Separate terms may be agreed for use by businesses, in particular craft businesses and partners.

(3) The newsletter and the contact form on the website simplebuild.de are not covered by these Terms.

The Service is provided by:

simpleBuild UG (haftungsbeschränkt)
Birkenstraße 23
58285 Gevelsberg
Managing Director: Peter Dias Fontao
Commercial register: Amtsgericht (Local Court) Hagen, HRB 12878
VAT ID: DE364997805
Email: support@simplebuild.de

Notices to Users are sent by email to the address stored in the user account or as a notice in the app. Users keep their email address up to date.

(1) Use of the Service requires a user account. Registration requires a name, an email address and a password.

(2) By submitting the registration form and confirming that they have read and accept these Terms, the User makes an offer to conclude a contract of use. The contract is concluded when the User confirms their email address via the confirmation link sent to them.

(3) The language of the contract is German. We do not store the contract text separately. The Terms currently in force can be accessed in the app at any time and can be saved and printed.

(4) Each person may hold only one user account. The account is not transferable. Users provide truthful information when registering, keep their login details secret and inform us without undue delay if they suspect that their account is being misused.

(1) The Service may be used from the age of 16. Minors require the consent of their legal representatives.

(2) A minimum age of 18 applies to paid services.

(1) simpleBuild provides the Service free of charge. The Service supports the planning and documentation of renovation projects, in particular with projects, rooms, tasks, expenses, receipt capture, shopping lists, photos, building recipes and the AI assistant NIMA. The scope of the Service is set out in the current description in the app.

(2) We strive to keep the Service available with as few interruptions as possible, but we do not owe this. The Service or individual functions, in particular NIMA, may be temporarily unavailable because of maintenance, security measures or disruptions at service providers.

(3) Usage limits apply to certain functions (for example to messages to NIMA or to uploaded photos). The limits currently in force are shown in the app. § 11 applies to changes to them.

(4) simpleBuild may offer paid additional services in the future. Separate terms apply to them, about which the User is informed before placing an order. There is no obligation to book them.

(5) The Service is not a substitute for data backup. We recommend also keeping important documents such as invoices and receipts outside the Service.

(1) NIMA is an AI system. Its answers are generated automatically by AI models of an external provider. The privacy policy sets out which data is transmitted for this purpose.

(2) NIMA's answers may be wrong, incomplete or out of date. Figures on quantities of material, prices, costs and working time are non-binding estimates.

(3) Suggestions from NIMA (for example tasks, shopping lists or instructions) are only applied once the User confirms them. The User checks suggestions before applying them and before carrying them out.

(4) Users do not upload photos in which other people can be recognised, nor identity documents or other personal documents.

(1) The building recipes are created by simpleBuild and technically reviewed by an expert (Sachverständiger). They are general instructions. They do not take into account the condition of the specific building, local circumstances or regional regulations.

(2) The content of the Service, including the building recipes and NIMA's answers, is not a service of an expert (Sachverständiger), appraiser, specialist planner, architect or tradesperson. The specific building project is not reviewed. No contract is concluded with the reviewing expert.

(3) Work on electrical systems, gas, drinking water and heating installations and load-bearing components, and work involving materials contaminated with hazardous substances (for example asbestos), is dangerous, and some of it may by law only be carried out by licensed specialist firms. Instructions in these areas serve for information and preparation. We strongly recommend having such work carried out, or inspected and signed off, by a specialist firm.

(4) The User is personally responsible for complying with safety regulations, using suitable protective equipment and obtaining any permits or consents required (for example a building permit or the consent of the landlord or of the owners' association).

Users use the Service only within the scope of these Terms and the applicable laws. In particular, it is prohibited

1. to query or read out the Service by automated means (for example by bots or scraping),
2. to circumvent usage limits or security measures, including by deliberately manipulating NIMA,
3. to overload the Service or introduce malware into it,
4. to systematically copy content of the Service, in particular building recipes, or to make it available to third parties,
5. to pass on login details to third parties.

(1) Users may not post content, or send content to NIMA, that

1. is a criminal offence, in particular content inciting hatred (Volksverhetzung), glorifying violence, insulting or threatening content, symbols of unconstitutional organisations or depictions of sexual abuse,
2. is pornographic or sexually offensive,
3. degrades or discriminates against people on the grounds of origin, religion, gender, disability, age or sexual identity,
4. infringes the personality rights of third parties, for example photos of recognisable persons without their consent or personal data of third parties,
5. infringes copyrights, trademarks or other rights of third parties, for example other people's photos or plans without a right of use,
6. contains advertising, spam or chain letters,
7. contains malware, phishing links or similar harmful content,
8. instructs or incites others to commit criminal or regulatory offences, for example undeclared work (Schwarzarbeit).

(2) In the event of a violation, depending on its severity, we may delete or block the content concerned, warn the User, temporarily suspend the account or terminate the contract in accordance with § 12 (5). In doing so, we take the User's legitimate interests into account and give reasons for our decision. The User may object to it by email.

(3) Reports of illegal content can be sent to support@simplebuild.de.

(1) Content that Users post (for example texts, photos, project data) remains their property. The User warrants that they hold the rights required for it.

(2) For the term of the contract, the User grants simpleBuild a simple (non-exclusive), free-of-charge, territorially unrestricted right to store, reproduce, process and display this content and to transmit it to technical service providers and to the AI provider, insofar as this is necessary to provide the Service.

(3) simpleBuild may use content in anonymised form, that is, without reference to any person, to improve NIMA, the building recipes and the Service. This right continues after the end of the contract.

(4) Data is only used for personalised advertising if the User has given separate and voluntary consent. This consent is not a condition for concluding the contract and can be withdrawn at any time.

(5) The Service, the software, the building recipes, texts, graphics and trademarks are protected by law. For the term of the contract, the User receives a simple (non-exclusive), non-transferable right to use them for their own private renovation projects.

(1) simpleBuild may change the Service for a valid reason, in particular to adapt it to a new technical environment or to legal requirements, for security reasons, because of changes at service providers or to develop the Service further. The User incurs no costs as a result.

(2) If a change impairs access to the Service or its usability more than insignificantly, we inform the User by email at least 14 days in advance of the nature, timing and reason of the change. In this case the User may terminate the contract free of charge within 30 days of receiving this information, or of the change if it takes place later.

(1) The contract runs for an indefinite period.

(2) The User may terminate the contract at any time without notice by deleting their account in the app or by notifying us by email.

(3) simpleBuild may terminate the contract by email with four weeks' notice. This also applies if the Service is discontinued altogether.

(4) If a User has not signed in for six months, simpleBuild may terminate the contract. We notify the User of this by email beforehand. If the User does not sign in within four weeks of this notice, the contract ends and the account is deleted.

(5) The right of both parties to terminate for good cause without notice remains unaffected. Good cause for simpleBuild exists in particular in the event of serious or repeated violations of §§ 8 or 9. Termination is generally preceded by a warning, unless a warning is unreasonable because of the severity of the violation.

(6) When the contract ends, the account and all associated content, including the NIMA conversations, are deleted unless there is a statutory obligation to retain them. If the contract ends because simpleBuild terminates it, we provide the User with their content on request, free of charge, in a common, machine-readable format; in this case the account is deleted no earlier than 30 days after the end of the contract. Before deleting their account themselves, Users may request their content by email.

(1) simpleBuild is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee it has given.

(2) In the case of slight negligence, simpleBuild is only liable for breaches of essential contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

(3) Otherwise, liability is excluded. This also applies to content from NIMA and the building recipes.

(4) The above provisions also apply in favour of simpleBuild's employees, representatives and vicarious agents.

How simpleBuild processes personal data is set out in the privacy policy at app.simplebuild.de/de/datenschutz (English version: app.simplebuild.de/en/datenschutz).

(1) simpleBuild may change these Terms with effect for the future for an objective reason, in particular in the event of changes in legislation or case law, new functions or changed service providers.

(2) We inform the User of the changes by email and in the app at least four weeks before they take effect. The amended Terms only apply once the User expressly agrees to them, for example at the next sign-in.

(3) If the User does not agree, the previous Terms continue to apply. In that case simpleBuild may terminate the contract in accordance with § 12 (3).

simpleBuild is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which they have their habitual residence.

(2) Should individual provisions of these Terms be invalid, the remainder of the contract remains valid.

(3) The German version of these Terms is authoritative. The English version is for information purposes only.