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 or JSON format at no additional charge. 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. 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.

6. 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.

7. Limitation of Liability

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by negligence, (b) intentional misconduct (Vorsatz) or fraud, (c) gross negligence (grobe Fahrlässigkeit), or (d) any other liability that cannot be excluded or limited under applicable law, including liability under the German Product Liability Act (Produkthaftungsgesetz).

Subject to the foregoing, Nicolás di Rago shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. This exclusion applies only to cases of ordinary negligence (einfache Fahrlässigkeit) in the breach of non-essential contractual obligations.

For ordinary negligence in the breach of essential contractual obligations (Kardinalpflichten — obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the other party regularly relies), our liability is limited to the foreseeable, typically occurring damages. In any event, our total aggregate liability for all claims arising from ordinary negligence under this agreement shall not exceed the total fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

Subject to the mandatory liability provisions in Sections 7.1 through 7.3 above, service credits issued under the Service Level Agreement (SLA) are the exclusive contractual remedy for downtime that falls within the scope of the SLA. Service credits do not count toward the aggregate liability cap described in Section 7.3.

8. 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 5), limitation of liability (Section 7), confidentiality (Section 12), and governing law (Section 10) survive termination.

9. 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.

10. 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.

11. 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 events beyond the affected party's reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, power or telecommunications failures, or widespread internet outages ("Force Majeure Event").

The affected party shall notify the other party promptly in writing of the Force Majeure Event and its expected duration. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate this agreement upon 30 days' written notice. For the avoidance of doubt, service availability and downtime are governed by the SLA, which defines its own exclusions. Hosting provider outages are an operational responsibility of the Provider and are not treated as Force Majeure events.

12. 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.

13. Agreement Structure & Precedence

These Terms, together with the Privacy Policy, 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) 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.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision.

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

15. Contact

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