Terms of Service

Early Access Notice: BakeWind is currently in an early access phase. During this period, the uptime targets and disaster recovery objectives in the SLA are provided as goals rather than binding commitments, and service credits under SLA Section 4 do not apply. All other terms, including data protection obligations under the DPA and Privacy Policy, apply in full. We will notify you when the Service transitions to general availability, at which point the full SLA commitments will take effect.

1. Account Registration

To use the Service, you must create an account with accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old or the age of legal majority in your jurisdiction. By registering, you represent that you have the authority to bind your organization to these Terms.

You may grant access to third-party service providers (such as IT consultants, bookkeepers, or integration partners) acting on your behalf, provided they agree to obligations no less protective than these Terms. You remain fully liable for all acts and omissions of such third parties and must ensure their access is limited to what is necessary for their engagement. You must promptly revoke access when the engagement ends.

If you subscribe on behalf of a corporate group, franchise, or multi-entity organization, the subscribing entity is the sole contracting party and is responsible for all usage by affiliated entities. User and location limits defined by your subscription plan apply across all entities collectively, not per entity. Each individual user must have their own account and credentials.

2. Subscriptions & Billing

BakeWind offers subscription plans with varying features and pricing. All plans start with a 14-day free trial. After the trial period, you must select a paid plan to continue using the Service.

Subscription fees are billed in advance on a monthly or annual basis. Fees are non-refundable for the current billing period, except as required by applicable law or where service credits are owed under the SLA. This does not affect your rights to fee reduction (Minderung) under applicable law in the event of a material deficiency in the Service.

We may change pricing with at least 30 days' written notice before the start of your next billing period. Price changes for annual plans take effect only at the next renewal date. If you do not agree with a price change, you have the right to terminate your subscription before the new pricing takes effect, without penalty (Sonderkündigungsrecht). If you do not terminate before the new pricing period begins, the updated fees will apply.

You may upgrade, downgrade, or cancel your subscription at any time. Changes take effect at the start of the next billing period. Upon cancellation, your data will be retained for 30 days before deletion.

3. Acceptable Use

You agree to use the Service only for lawful purposes related to bakery and food business management. You shall not:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute the Service without authorization
• Use automated systems to scrape or extract data from the Service

4. Your Data

You retain all rights to the data you submit to the Service ("Your Data"). We do not claim ownership of Your Data. You grant us a limited license to process Your Data solely to provide the Service. Where Your Data includes personal data, we act as a data processor on your behalf under our Data Processing Agreement (DPA), which governs our processing obligations. Our Privacy Policy describes how we collect and use personal data in our capacity as data controller.

You are responsible for the accuracy and legality of Your Data. You must ensure you have the necessary rights and consents to upload personal data of your customers and employees. We may use sub-processors to deliver the Service, as detailed in the DPA.

Upon termination, you may export Your Data within the 30-day retention period. After this period, Your Data will be permanently deleted in accordance with our data retention policies. Certain data (e.g., billing records) may be retained longer as required by applicable law — see our Privacy Policy for details.

You may export Your Data at any time through the Service dashboard in CSV format at no additional charge, as described in the Service Description. Upon termination, export functionality remains available during the 30-day retention period. Assisted migration services to transfer data to an alternative provider are available upon request and may be subject to additional fees based on the scope of work involved.

5. Calculation Features

The Service includes features for recipe costing, margin calculation, inventory valuation, and other financial or operational calculations ("Calculation Features"). The functional scope of the Calculation Features is defined in the Service Description. Calculation Features process the data you enter and maintain. Their outputs are estimates derived from that data and do not constitute financial, tax, accounting, or pricing advice.

You are responsible for verifying calculation outputs before relying on them for business decisions, including:

• Setting product prices
• Preparing quotes or invoices
• Making purchasing decisions
• Financial reporting or tax filings

Failure to carry out reasonable verification may constitute contributory fault (Mitverschulden, Section 254 BGB) and may reduce or exclude claims against us. We recommend that you periodically audit calculation outputs, verify recipe costs before major pricing decisions, maintain independent records of ingredient costs, and consult qualified professionals for financial, tax, or legal decisions.

If a Calculation Feature deviates from the Service Description, this constitutes a defect. Please notify us in writing without undue delay and describe the deviation in reproducible form. We will remedy confirmed defects in accordance with the SLA. Your statutory rights in the event of defects, including fee reduction (Minderung), remain unaffected. Claims for damages are governed by Section 10.

We are not liable for losses arising from business decisions you make in reliance on calculation outputs where the output was correct on the basis of the data you entered, or where the loss is attributable to your failure to verify. Liability for defects remains governed by Sections 9 and 10.

6. Data Accuracy & Customer Responsibilities

You are responsible for:

• The accuracy, quality, and legality of all data entered into the Service
• Maintaining current and accurate ingredient prices, supplier information, and product data
• Ensuring that your users are properly trained in the use of the Service
• Regularly exporting your data using the export functions provided in the Service, without prejudice to the backup services we expressly assume in the SLA

We are not liable for losses arising from errors in data entered by you or your users, including incorrect ingredient prices or quantities, incorrect unit conversions, outdated supplier or cost information, duplicate or missing entries, or improper configuration of Service settings.

Where the Service exchanges data with third-party systems that you select or contract with (point of sale, accounting software, supplier platforms, delivery platforms, and similar), we are not responsible for the availability, correctness, or format stability of data provided by those systems. We remain responsible for correctly processing, within the Service, the data actually received. For the avoidance of doubt, this does not apply to sub-processors and suppliers we engage to perform our own obligations, whose conduct is attributed to us under Section 278 BGB.

7. Intellectual Property

The Service, including its source code, design, features, documentation, and all associated intellectual property, is owned by Nicolás di Rago and is protected by copyright, trademark, and other applicable laws. The source code remains the exclusive property of the supplier at all times. Your subscription grants you a limited, non-exclusive, non-transferable right to access and use the Service for the duration of the agreement term.

Feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control.

We will make reasonable efforts to notify you of planned maintenance in advance. Uptime commitments, support response times, and service credit remedies are defined in our Service Level Agreement (SLA), which forms part of these Terms.

9. Warranty for Defects (Gewährleistung)

The agreed quality (vereinbarte Beschaffenheit) of the Service is determined by the Service Description and the documentation. No other representations form part of the agreed quality. Public statements, marketing materials, and advertising do not constitute a quality agreement or a guarantee. Guarantees (Garantien) are binding only where we expressly designate them as such in writing.

A defect is a deviation from the Service Description that more than insignificantly impairs the use of the Service. We will remedy defects within reasonable periods in accordance with the SLA. Your statutory rights for this contract type remain unaffected, subject to the limitations in Section 10, including the exclusion of strict liability under Section 536a(1) BGB set out in Section 10.4.

For features provided free of charge, including trial periods, free-tier functionality, and beta features, we are liable only for intent and gross negligence. Beta features are marked as such, are provided for testing purposes, and do not form part of the owed Service Description.

10. Limitation of Liability

10.1 Unlimited liability. Nicolás di Rago is liable without limitation for (a) damages caused intentionally or through gross negligence (Vorsatz oder grobe Fahrlässigkeit); (b) injury to life, body, or health; (c) liability under the German Product Liability Act (Produkthaftungsgesetz); (d) fraudulent concealment of a defect (arglistiges Verschweigen eines Mangels); (e) claims under a guarantee (Garantie) we have expressly assumed in writing; and (f) any other liability that cannot be limited or excluded under mandatory law.

10.2 Cardinal obligations. Where we negligently breach a cardinal obligation (wesentliche Vertragspflicht), our liability is limited to the foreseeable damage typical for this type of contract (vorhersehbarer, vertragstypischer Schaden). Cardinal obligations are those obligations whose fulfilment makes the proper performance of this agreement possible in the first place and on whose fulfilment you may regularly rely. Cardinal obligations under this agreement include (a) provision of access to the Service in accordance with the Service Description; (b) maintenance of reasonable data security measures; (c) protection of your data in accordance with the DPA; and (d) provision of support services as described in the SLA.

10.3 Simple negligence. Except as provided in Sections 10.1 and 10.2, our liability for simple negligence (einfache Fahrlässigkeit) is excluded.

10.4 Exclusion of strict liability for initial defects. Our strict, no-fault liability under Section 536a(1) BGB for defects already present at the time the contract was concluded is excluded. We are liable for such initial defects only in accordance with Sections 10.1 to 10.3, that is, only where we are at fault.

10.5 Liability cap. The caps in this Section 10.5 do not apply to liability under Section 10.1 and do not limit liability under Section 10.2 below the foreseeable, contract-typical damage. Subject to that, our total aggregate liability per contract year is limited to the total fees you paid in the twelve (12) months preceding the event giving rise to the claim. Service credits issued under the SLA are credited against any damages claim for the same incident and do not themselves count toward this cap. Claims arising from a breach of the DPA or from Article 82 GDPR are not covered by this cap and are governed by statutory law.

10.6 Indirect and consequential damages. Except in the cases of Section 10.1, and except to the extent such damages form part of the foreseeable, contract-typical damage under Section 10.2, we are not liable for (a) indirect or consequential damages; (b) loss of profits, revenue, or anticipated savings; (c) loss of business or business opportunities; (d) loss of goodwill or reputation; or (e) costs of procuring substitute goods or services.

10.7 Loss of data. In the cases of Sections 10.2 and 10.3, our liability for loss or corruption of data is limited to the typical recovery effort that would have been necessary had you regularly exported your data using the export functions provided in the Service. This limitation does not apply where the loss was caused by our breach of the backup obligations we assume in the SLA or of our obligations under the DPA.

10.8 Third-party claims. You shall indemnify us against claims brought by third parties to the extent such claims are caused by (a) your data infringing third-party rights or applicable law, or (b) your use of the Service in breach of this agreement. The indemnity does not apply to the extent the claim results from our breach of this agreement or from circumstances for which we are responsible. We will notify you promptly of any such claim and will not acknowledge any claim without your consent, which shall not be unreasonably withheld.

10.9 Limitation period. Your claims against us for damages become time-barred twelve (12) months after the statutory commencement of the limitation period. This shortened period does not apply to claims under Section 10.1, to claims under the German Product Liability Act, to claims under the DPA or Article 82 GDPR, or where mandatory law prescribes a longer period.

10.10 Employees and agents. The limitations and exclusions in this Section 10 also apply in favour of our legal representatives, employees, and vicarious agents (Erfüllungsgehilfen).

11. Termination

You may cancel your subscription at any time through the dashboard settings. For monthly plans, termination takes effect at the end of the current billing month. For annual plans, you must provide notice at least 30 days before the next renewal date; otherwise, the subscription renews for another annual term.

We may suspend your access to the Service if you materially violate these Terms or fail to pay fees when due, provided we first notify you and give you a reasonable cure period of at least 14 days (except where immediate suspension is necessary to prevent harm to other users, data integrity, or security). If the violation is not cured within the cure period, we may terminate the agreement.

Either party may terminate this agreement immediately for cause (außerordentliche Kündigung) if the other party commits a material breach that is not cured within 30 days of written notice, or in the event of insolvency proceedings.

Upon termination, your right to use the Service ceases at the end of the notice period. Sections relating to your data (Section 4), intellectual property (Section 7), warranty for defects (Section 9), limitation of liability (Section 10), governing law (Section 13), and confidentiality (Section 15) survive termination.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice within the Service at least 30 days before the changes take effect. The notification will describe the changes and inform you of your right to terminate.

If you do not agree with the proposed changes, you have the right to terminate your subscription without penalty before the changes take effect (Sonderkündigungsrecht). If you do not exercise this right and continue using the Service after the changes take effect, the revised Terms will apply to your continued use.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany. This does not affect mandatory consumer protection rights under EU law.

These Terms are available in multiple languages. In the event of any conflict or inconsistency between translations, the English language version shall prevail. All legal proceedings and formal communications relating to disputes shall be conducted in English or German.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by an extraordinary external event beyond the affected party's reasonable control and outside its sphere of responsibility ("Force Majeure Event"). Force Majeure Events include (a) natural disasters and pandemics; (b) war, terrorism, civil unrest, or government actions; (c) large-scale failures of general internet or telecommunications infrastructure outside the contractual sphere of the affected party and its suppliers; (d) cyberattacks of exceptional severity, such as large-scale distributed denial-of-service attacks, that could not have been prevented by the security measures owed under this agreement; (e) power or utility failures affecting an entire region; and (f) strikes and lawful labour disputes at third parties.

The affected party shall notify the other party promptly in writing of the Force Majeure Event and its expected duration. Performance obligations are suspended for the duration of the event. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate this agreement upon 30 days' written notice.

Failures of suppliers and sub-processors we engage to perform our own obligations, including hosting and infrastructure providers, are attributed to us under Section 278 BGB and do not constitute Force Majeure Events, unless the supplier's failure is itself caused by an event listed above. For the avoidance of doubt, service availability and downtime are governed by the SLA, which defines its own exclusions.

15. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service ("Confidential Information"), including business data, recipes, customer lists, pricing, and operational information. Confidential Information shall not be disclosed to third parties except as required by law, with prior written consent, or to professional advisors bound by confidentiality obligations.

This confidentiality obligation survives the termination of the agreement for a period of five (5) years.

16. Agreement Structure & Precedence

These Terms, together with the Privacy Policy, the Service Description, the Data Processing Agreement (DPA), and the Service Level Agreement (SLA), constitute the entire agreement between you and us regarding your use of the Service. They supersede all prior or contemporaneous agreements, understandings, or representations.

In the event of a conflict between these documents, the following order of precedence applies: (1) the Data Processing Agreement prevails on all data protection matters; (2) the Service Level Agreement prevails on service availability, support, and credit matters; (3) the Service Description prevails on the functional scope and agreed quality of the Service; (4) these Terms of Service prevail on all other matters.

Neither party may assign or transfer this agreement without the prior written consent of the other party, except that we may assign this agreement in connection with a merger, acquisition, sale of substantially all of our assets, or a reorganization of the Provider's business form (including the transfer of the Provider's business to a legal entity controlled by the same natural person), provided the assignee assumes all obligations under these Terms and the DPA.

17. Severability

If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the applicable statutory provisions apply.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18. Contact

If you have questions about these Terms, please contact us at: