Terms of Service

Convenience translation. This English version is provided for information only. The legally binding version is the German Allgemeine Geschäftsbedingungen; in case of any discrepancy, the German version prevails. References to German statutes (for example “BGB”, the German Civil Code) refer to German law.

§ 1 Scope and provider

1. The iOS app “GetHorseCare” (the “App”) and the associated server service are provided by Cogswell IT, owner Joshua Cogswell, Georg-Moller-Weg 29, 64625 Bensheim, Germany, phone +49 6251 9743999, also reachable via our contact form (the “Provider”, “we”, “us”).
2. These Terms of Service (the “Terms”) apply to all contracts between us and the users of the App (each a “User”, “you”) for the use of the App, the subscriptions offered in it, the optional server account at app.gethorsevisiters.com, the client portal and the optional online payment of invoices, in the version valid at the time the contract is concluded.
3. The App is intended for horse carers, horse-care businesses and horse and pet boarding businesses. Users may be businesses (traders, § 14 BGB) or consumers (§ 13 BGB). Provisions that apply only to businesses or only to consumers are marked as such. Mandatory consumer-protection rules always remain unaffected.
4. Deviating, conflicting or supplementary terms of the User do not become part of the contract unless we expressly agree to them in text form. This also applies if we perform services without reservation while aware of such terms.
5. The App is distributed through Apple's App Store. Apple's Licensed Application End User License Agreement (Standard EULA) applies in addition. Where these Terms grant you more rights, these Terms prevail. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for the App.

§ 2 Definitions

• App: the iOS and iPadOS application “GetHorseCare”, including its widgets, Live Activity and Siri shortcuts.
• Subscription: the paid in-app subscription in one of the plans Starter, Pro, Business, Pension or Stable Premium, for the Stable plan optionally with the “Visits & Daycare” add-on, with a monthly or yearly term.
• Server account: the User's optional account on our server at app.gethorsevisiters.com for sync, client portal, live link, email sending and online payment.
• Client portal: the web pages provided through the server account that horse owners open via personal links containing a random access token, for example for the intake form, package bookings, signing contracts, invoices or rating visits.
• End clients: the User's clients, in particular horse owners, whose data the User manages in the App. End clients are not contractual partners of the Provider.
• User data: all data, texts, photos, documents and other content that the User or their end clients enter, upload or generate in the App or the server account.
• Text form: a legible declaration on a durable medium within the meaning of § 126b BGB, for example an email.

§ 3 Subject matter and description of services

3.1 App

The App is a tool for running a horse-care business. Depending on the plan, it includes in particular managing clients and horses with horse profiles, intake forms, care contracts, appointments and visit planning with single, group and recurring appointments, group-compatibility warnings, the live visit with GPS recording and a live link for horse owners, visit reports with photos and AI-assisted text, boarding and holiday-care bookings with an occupancy calendar, invoices as PDF and XRechnung (German e-invoice), automatic subscription billing, payment reminders, key management, route optimisation via Apple Maps, vehicles and mileage log, inquiries and waitlist, a staff list, widgets, Live Activity and Siri shortcuts. Data is generally stored locally on the User's device.

The features available depend on the plan booked. For orientation (the service description in the App and on our pricing page at the time the contract is concluded is decisive):

All plans include backup, export and import as a file, widgets, Siri and Face ID, and use on iPhone and iPad.

3.2 Server account

The User may optionally create a server account. It enables syncing data between devices, the client portal, the live link, sending emails from the App (through the service provider Resend) and online payment. Without a server account, the App's local features remain available. Server-based features require an internet connection and an active subscription to a plan that includes the respective feature.

3.3 Client portal and links

Through the client portal, the User can send personal links to their end clients. Anyone who has such a link can view the content linked to it and make entries. During an active live visit, the live link shows the location and course of the visit. Use of the client portal is free of charge for end clients; no contract for the App is concluded between end clients and the Provider. The User decides to whom links are sent.

3.4 Online payment

The User may optionally connect their own Stripe account to the App via Stripe Connect and send their end clients payment links for invoices. Details are set out in § 15.

3.5 AI features

The App can create texts for visit reports using Apple Intelligence. Processing takes place on the User's device. Availability depends on the device, operating-system version, language and region and is outside our control. AI-generated texts may be incomplete, inaccurate or inappropriate. The User must check every AI text before passing it on to end clients and correct it where necessary; by sending it, the User adopts the text as their own.

3.6 Notices, suggestions and calculations

Weather information, heat or weather notices, group-compatibility warnings, route suggestions, occupancy overviews and automatically created invoice drafts are aids. They do not replace the User's own professional judgement, in particular regarding the welfare and safety of the animals in their care, traffic conditions or tax correctness.

3.7 No advice

We do not provide legal, tax or veterinary advice. Templates for contracts, invoices, reminders or other documents are non-binding samples; the User checks their suitability for their business.

§ 4 Conclusion of contract via the App Store

1. The App is downloaded from Apple's App Store. The download is free; using the features requires a subscription.
2. Subscriptions are concluded exclusively as in-app purchases through the User's Apple account. Apple (Apple Distribution International Ltd. or Apple Inc.) handles the purchase and billing under the App Store terms. We have no access to the User's payment data.
3. The presentation of the plans in the App is not a binding offer. When the User confirms the purchase in Apple's purchase dialog (for example with Face ID, Touch ID or password), the contract for the selected plan and term is concluded.
4. Apple sends the purchase confirmation by email. We do not store the contract text separately; these Terms can be accessed on this page at any time and can be saved or printed.
5. The contract language is German. Translations of these Terms, including this one, are for information only.

§ 5 Free trial

1. Every subscription starts with a 7-day free trial, provided no GetHorseCare trial has previously been used with the User's Apple account. During the trial, all features of the selected plan are available.
2. Unless the subscription is cancelled at least 24 hours before the end of the trial, it automatically converts into a paid subscription. The first payment then becomes due at the end of the trial and is charged by Apple.
3. Cancellation during the trial works as described in § 7. If the User cancels during the trial, no charges apply.

§ 6 Prices, payment and billing through Apple

1. The prices displayed in the App Store at the time of purchase apply. Prices include VAT or sales tax where applicable. For orientation:

2. The same amounts apply in other supported currencies (GBP, CAD, AUD). The App Store shows the price that applies to the User.
3. The fee for each billing period (month or year) is charged in advance to the User's Apple account under Apple's payment terms.
4. Apple issues the invoice or receipt for the subscription. It is available in the purchase history of the Apple account and in the email Apple sends after each charge.
5. Refunds of subscription payments are handled exclusively by Apple under Apple's policies (request a refund from Apple). The User's statutory rights, in particular the right of withdrawal under § 22 and warranty rights, remain unaffected.
6. We charge no fee for online payment via Stripe (§ 15). Only Stripe's fees apply, which Stripe charges directly to the User.

§ 7 Term, automatic renewal and cancellation

1. Subscriptions run for one month or one year, as chosen by the User, starting at the end of the trial.
2. The subscription renews automatically for the same period unless it is cancelled at least 24 hours before the end of the current period.
3. The User cancels in the Apple account settings under “Settings → [your name] → Subscriptions → GetHorseCare”. Notifying us is not required. It is additionally possible in text form; since only Apple can end the subscription, the User should in that case also cancel in their Apple account.
4. Cancellation takes effect at the end of the current, already paid period. Until then, all features of the plan remain unlocked. Fees already paid for the current period are not refunded pro rata unless required by law or Apple's policies.
5. After the subscription ends, the data stored locally on the device remains available and readable; plan-specific features are locked. The User can continue to export their data (§ 13).
6. The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the User repeatedly or seriously breaches § 11 or § 12 despite a warning in text form.

§ 8 Changing plans

1. The User can change plan and term at any time in the subscription settings of their Apple account.
2. An upgrade to a higher plan takes effect immediately; Apple credits the unused amount of the previous plan pro rata. A downgrade to a lower plan takes effect at the end of the current billing period.
3. When downgrading, all data is kept. Features above the new plan are hidden, not deleted. If the number of clients exceeds the limit of the new plan, the User cannot add further clients until they reduce the number or upgrade again.

§ 9 Price changes

1. We may change prices for future billing periods in order to pass on increased costs (in particular for server operation, third-party providers, staff, taxes and levies). We pass on price reductions in the same way.
2. Price changes do not apply to periods already paid. They are announced to the User in good time before they take effect, through the App Store, in the App or by email.
3. For price increases, Apple obtains the User's consent where required by App Store rules or applicable law. If the User does not consent, the subscription ends at the end of the current period. In any case, the User may cancel the subscription at the end of the current period before the price change takes effect.

§ 10 Availability, maintenance, support and changes to the services

1. The App's local features work without an internet connection. For server-based features we aim for high availability. No specific availability or response time (service level) is promised. Maintenance, security updates, outages at third-party providers or on the internet, and force majeure may cause temporary restrictions. Where possible, we carry out planned maintenance at times of low usage.
2. The App requires a compatible Apple device with a supported iOS or iPadOS version. Some features (for example Apple Intelligence, Live Activity or widgets) require specific devices, system versions or system settings.
3. Support is available through the in-app support form or the contact form on our support page. We usually reply within one business day. On the Business plan, the User receives priority support, by phone on request.
4. We continuously develop the App. We may change services if there is a valid reason, in particular to adapt to new technical developments, changed requirements of Apple or other third-party providers, changes in the law, or to improve security and stability, and the change is reasonable for the User. Such changes cause no additional costs for the User.
5. For consumers, § 327r BGB additionally applies: if a change impairs access or usability more than insignificantly, we inform the consumer clearly and in good time beforehand in text form about the characteristics and timing of the change and about their right to terminate the contract free of charge within 30 days.
6. Towards businesses, we may also remove features as long as the core of the agreed service, in particular managing clients, horses, appointments and invoices, is preserved. We announce material restrictions at least four weeks in advance; in that case the User may cancel the subscription with effect from the date of the change.

§ 11 User obligations

1. Lawful use. The User uses the App only within the applicable law and these Terms. The User is responsible for their business, the care of the animals and compliance with the trade, animal-welfare and insurance obligations that apply to them.
2. Data protection towards end clients. The User is the controller under the GDPR for their end clients' data. The User ensures a legal basis for every processing operation, informs end clients under Art. 13 and 14 GDPR and, where required, obtains their consent, in particular for photos, sharing location data via the live link, sending emails and marketing automations. The User records third-party personal data only to the extent necessary for their business.
3. Account security. The User keeps server-account credentials secret, uses a secure password, protects their devices with a device lock and grants access only to authorised persons. If misuse is suspected, the User informs us without delay. The User sends personal client-portal links and live links only to the persons entitled to them.
4. Staff. If the User engages staff or other assistants, the User ensures that they use the App in accordance with these Terms and is responsible for their actions as for their own.
5. Invoices and tax obligations. The App generates invoices (PDF, XRechnung), credit notes, payment reminders and care contracts from the data and templates the User provides. Before sending, the User checks them for tax, commercial and contractual correctness, in particular mandatory information, tax rates, invoice numbers and amounts. The User is solely responsible for complying with record-retention obligations (for example under § 147 AO and § 257 HGB in Germany); neither the App nor the server account is an audit-proof archive.
6. Own backups. The User backs up their data regularly, at least weekly and before every change of device or system, using the App's backup or export function, and keeps the backups outside the App. Without a server account, data exists only on the device; if the device is lost or defective, or the App is uninstalled without a backup, the data cannot be recovered. Syncing via the server account does not replace the User's own backups either.
7. Accurate information. The User provides true and complete information when creating the server account and connecting Stripe, and keeps it up to date.
8. Road traffic. The User does not operate the App while driving where this breaches traffic rules or endangers safety.

§ 12 Prohibited use

In particular, the User must not

• use the App or the server account for unlawful purposes, or store or send content that is unlawful, offensive, discriminatory, harmful to minors or that infringes the rights of third parties;
• send unsolicited advertising (spam) via the email function or the client portal, or contact people without their consent where consent is required;
• collect or share location data, photos or other personal data without a legal basis;
• introduce malware, circumvent security mechanisms, use third parties' access tokens or credentials, or gain unauthorised access to other users' data;
• impair the server through automated requests, excessive load or other measures;
• decompile, disassemble or reverse-engineer the App, except where mandatorily permitted under §§ 69d, 69e UrhG (German Copyright Act);
• commercially provide the App or the server account to third parties, resell it or offer it as their own service;
• use online payment for payments not based on the User's own service, or for purposes prohibited under Stripe's terms.

In case of breaches, we may temporarily block the affected content or access to the server account to the extent necessary to avert danger or end the infringement. We take the User's legitimate interests into account and inform the User without delay. Further rights, in particular termination for good cause, remain unaffected.

§ 13 User content and data, grant of rights, backups and export

1. All rights in the user data remain with the User or the respective rights holders. The User warrants that they hold the necessary rights in the content they provide, in particular photos.
2. Where the User uses the server account, the User grants us the simple (non-exclusive) right, limited to the term of the contract, to store, copy, transmit and technically process user data to the extent required to provide the agreed services, for example for sync, display in the client portal or sending emails. No further use takes place, in particular not for advertising or for training AI models.
3. Data without a server account is stored only on the User's device; we have no access to it and cannot restore it.
4. We back up data in the server account in line with the state of the art. This backup serves the operational security of the server and does not replace the User's own backups under § 11 (6).
5. The User can export their data at any time, including after the subscription ends, using the App's backup and export function (for example as a JSON file, invoices as PDF or CSV). When the contract ends, we make their content available to consumers on request in accordance with § 327p (3) BGB.

§ 14 Data protection and data processing

1. Information on how we process personal data is set out in our Privacy Policy.
2. The User is the controller within the meaning of Art. 4(7) GDPR for their end clients' data. Where this data is processed only locally on the User's device, we do not process it.
3. Where the User uses the server account and we process personal data on the User's behalf, we act as processor under Art. 28 GDPR. We process this data only on the User's documented instructions, which are given through these Terms and the use of the features. A data processing agreement (DPA) under Art. 28(3) GDPR is available on request via our contact form. Users who are businesses must conclude this agreement before processing personal data through the server account.
4. For our own purposes, such as managing the server account, checking subscriptions and server security, we are a controller ourselves.
5. For online payment, the User and Stripe are responsible for processing payment data under Stripe's terms. We do not receive end clients' payment data such as card numbers or IBANs.

§ 15 Online payment via Stripe

1. Online payment is optional. It requires a server account and the User's own account with Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland, or the Stripe entity responsible for the User), which the User connects to the App via Stripe Connect.
2. The Stripe account, identity verification, payment processing and payouts are governed exclusively by Stripe's terms, in particular the Stripe Services Agreement and the Connected Account Agreement, which the User concludes directly with Stripe.
3. End clients' payments go directly to the User's Stripe account. We are not a party to the payment between the User and end clients, do not receive or hold funds and are not a payment service provider. We charge no platform fee for online payment; only Stripe's fees apply.
4. The App creates payment links based on the invoices created by the User and checks the amount against the invoice. The User can cancel payment links in the App. The User is solely responsible for the correctness of invoices, allocating payments, refunds, chargebacks, disputes with end clients and meeting their own information obligations towards end clients.
5. We accept no liability for the availability of Stripe's services, the acceptance or rejection of payments, suspension of the Stripe account, payouts, fees or other Stripe services, unless we are responsible for the disruption under § 19.
6. The User can disconnect Stripe at any time in the App or in their Stripe account. Payment links already sent can then no longer be used.

§ 16 Third-party services

For certain features, the App uses third-party services. Their own terms and privacy notices apply in addition:

• Apple (App Store, in-app purchases, Apple Intelligence, Siri, widgets, Live Activity, notifications): Apple Media Services Terms and Standard EULA.
• Apple Maps: map display, route calculation and route optimisation.
• Open-Meteo (Open-Meteo GmbH, Switzerland): weather forecasts for the Today screen.
• Resend (Resend, Inc., USA): sending emails from the App via the server account.
• Hetzner (Hetzner Online GmbH, Germany): operation of the server, database and client portal in Nuremberg.
• Stripe: online payment of invoices through the User's own Stripe account (§ 15).

We select these providers carefully. We have no influence on their availability, functionality or terms. If a third-party provider discontinues or materially changes its service, we may adapt the affected feature under § 10, replace it with an equivalent service or discontinue it. We do not warrant the accuracy or completeness of third-party data, weather forecasts or routes.

§ 17 Software licence and intellectual property

1. The App, the server service, the client portal, their source code, design, texts, graphics, templates, trademarks and logos are protected by copyright and trademark law. All rights remain with us or our licensors.
2. For the duration of the subscription, the User receives a simple (non-exclusive), non-transferable and non-sublicensable right to use the App to the extent of the booked plan on devices linked to their Apple account, and to use the server account for their own business. Use by the User's staff within the User's business is permitted where the plan provides for it.
3. The User may use documents generated with the App (for example invoices, contracts, visit reports) for their business without time limit, including after the subscription ends, and may adapt the supplied templates for that purpose.
4. Apple's Standard EULA usage rules apply in addition. Mandatory rights under §§ 69d and 69e UrhG remain unaffected.

§ 18 Warranty

18.1 Consumers

For consumers, the statutory warranty rights apply, in particular the provisions on contracts for digital products under §§ 327 et seq. BGB. We ensure that the App meets the contractual and objective requirements during the term of the contract and provide updates, including security updates, that are necessary to keep it in conformity (§ 327f BGB). If the consumer fails to install an update provided within a reasonable period although we informed them of its availability and the consequences of not installing it, we are not liable for a defect resulting solely from the absence of that update (§ 327f (2) BGB).

18.2 Businesses

1. For businesses, the statutory provisions apply with the following deviations, to the extent legally permissible.
2. The User reports defects in text form without delay after discovering them, with a comprehensible description, for example via support. We remedy defects at our discretion by fixing the error, providing an update or providing a reasonable workaround within a reasonable period.
3. Strict liability for defects already present at the time the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded. Claims for damages are governed exclusively by § 19.
4. The right to terminate for good cause if remedying the defect fails remains unaffected.

18.3 No further warranty

We do not warrant that the App is suitable for a particular purpose that has not been agreed, that AI texts, routes, weather data or other suggestions are correct, or that the App runs without interruption or error. A guarantee in the legal sense is only given if expressly designated as such.

§ 19 Liability

1. We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, for fraudulent concealment of a defect and to the extent of any guarantee we have given.
2. For slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the typical damage foreseeable at the time the contract was concluded. Cardinal obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the User may regularly rely.
3. Otherwise, liability for slight negligence is excluded.
4. For loss of data, we are liable only to the extent the loss would also have occurred with proper and regular backups by the User under § 11 (6), i.e. for the effort of restoring from the backup.
5. We are not liable for damage resulting from the User using AI texts, invoices, contracts or other content generated by the App without checking it, or for services of third-party providers (§ 16), in particular Apple and Stripe, unless we are responsible for the disruption under paragraphs 1 to 3.
6. The above limitations of liability also apply in favour of our legal representatives, staff and vicarious agents.
7. For consumers, mandatory statutory liability rules remain unaffected, including those of the law of their place of residence.

§ 20 Indemnity

This provision applies only to Users who are businesses. The User indemnifies us against all claims asserted against us by third parties, including end clients and authorities, because of an infringement of their rights or of statutory provisions by the user data or the use of the App for which the User is responsible, in particular for breaches of data-protection law, copyright, competition law or the obligations under § 11 and § 12. The indemnity also covers reasonable costs of legal defence. We inform the User without delay of any claims asserted and give the User the opportunity to comment and defend. Further rights remain unaffected.

§ 21 Term of the server account and deletion

1. The server account is optional and is created for an indefinite period. The User can delete it at any time without notice in the App under “More → Server account” or via our contact form. Cancelling the subscription does not end the server account automatically; however, server-based features are locked without an active subscription.
2. We may terminate the server account with four weeks' notice in text form if there has been no active subscription for at least twelve months. The right to terminate for good cause remains unaffected.
3. After the server account is deleted or terminated, we delete all data stored on the server within 30 days, unless statutory retention obligations prevent this. Personal client-portal links and live links become invalid on deletion. Data stored locally on the device remains unaffected.
4. The User is responsible for exporting their data before deletion. Once the deletion period has expired, server-side data cannot be restored.

§ 22 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal as set out in the following information. Businesses have no right of withdrawal. Since subscriptions are concluded and paid through Apple's App Store, refunds are made through Apple; withdrawal can be declared to us or via Apple's refund function. Consumers outside the European Union have the cancellation and refund rights granted by their local law and by Apple.

Information on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Cogswell IT, owner Joshua Cogswell, Georg-Moller-Weg 29, 64625 Bensheim, Germany, phone +49 6251 9743999, email hallo (at) gethorsevisiters.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Since payment was made through Apple, the reimbursement is processed through Apple.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Special notes

For a contract for the supply of digital content not supplied on a tangible medium, your right of withdrawal expires early if we have begun performance after you expressly consented to us beginning performance before the end of the withdrawal period, you acknowledged that you thereby lose your right of withdrawal once performance has begun, and we provided you with a confirmation of the contract under § 312f BGB (§ 356 (5) BGB). For a contract for digital services, the right of withdrawal expires once we have fully performed the service (§ 356 (4) BGB).

End of the information on the right of withdrawal

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Cogswell IT, owner Joshua Cogswell, Georg-Moller-Weg 29, 64625 Bensheim, Germany, email hallo (at) gethorsevisiters.com:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

§ 23 Changes to these terms

1. We may change these Terms with future effect if there is a valid reason, in particular a change in law or case law, changed requirements of Apple or other third-party providers, the introduction of new features or closing a gap in the provisions that arose after the contract was concluded, and the change does not unreasonably disadvantage the User. Essential contractual obligations, in particular the type and scope of the main services and the prices, are not changed this way; § 9 applies to prices and § 10 to changes to the services.
2. We announce changes in text form in the App or by email at least four weeks before they take effect, showing the old and new provisions side by side.
3. Businesses: if the User does not object in text form within that period, the changes are deemed accepted. We point out this consequence, the deadline and the right to object specifically in the announcement.
4. Consumers: changes that do not merely benefit the User or implement mandatory legal requirements take effect only with the consumer's express consent, which we obtain in the App or by email. If the consumer does not consent, the contract continues on the previous terms.
5. If a User objects or does not consent, either party may cancel the subscription at the end of the current billing period. The User's right to cancel at the end of the current period at any time remains unaffected.

§ 24 Dispute resolution

The European Commission's former online dispute-resolution platform (ODR platform) was discontinued on 20 July 2025. We are not willing and not obliged to take part in dispute-resolution proceedings before a consumer arbitration board. If you have questions or complaints, please contact us directly via our contact form; we will try to find an amicable solution.

§ 25 Governing law and place of jurisdiction

1. 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 (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country (or province or state) in which they have their habitual residence.
2. If the User is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bensheim, i.e. the court competent for 64625 Bensheim (Amtsgericht Bensheim or Landgericht Darmstadt). We are also entitled to sue at the User's general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.
3. For consumers, the statutory places of jurisdiction apply; consumers may also bring claims in the courts of their place of residence where the law of that place permits.

§ 26 Final provisions

1. If individual provisions of these Terms are or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision (§ 306 (2) BGB).
2. The contract language is German. In case of discrepancies between the German version and a translation, the German version prevails.
3. The User may transfer rights and obligations under this contract to third parties only with our prior consent in text form. § 354a HGB remains unaffected.
4. Declarations under this contract may be made in text form, in particular by email, unless a stricter form is required by law.
5. Contact: Cogswell IT, owner Joshua Cogswell, Georg-Moller-Weg 29, 64625 Bensheim, Germany · phone +49 6251 9743999 · contact form