General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions (GTC) apply to the use of “Familienplaner” at familienplaner.app (hereinafter referred to as the “App”), which is provided by Schönebergerin UG (haftungsbeschränkt), Akazienstraße 3, 10823 Berlin (hereinafter referred to as the “Provider”). The service is intended for users in Germany, Austria and Switzerland who use it for themselves and their family.

2. Subject matter of the contract

The Provider makes available an application in the browser for organising family calendars, events, tasks and shopping. The range of functions currently includes:

• a shared calendar with events and series of events for all family members, with birthdays as well as the public holidays and school holidays for Germany, Austria and Switzerland
• tasks, also recurring and in rotation, and a shared shopping list
• personal email addresses to which emails, for example from school, nursery or a club, can be forwarded; an artificial intelligence (AI) reads these emails and enters the events it identifies in the family's calendar, where you can change or remove them
• “New entry”: from a written or spoken sentence, the AI creates an event or a task that you check before saving (quick entry); from an attached photo or PDF file, it enters the events it identifies straight away
• a family display for a tablet that is mounted on the wall, for example: it shows what is coming up without a sign-in, and tasks can be ticked off there
• a calendar feed (iCal) through which other calendar apps can retrieve the events, and subscribing to external calendars via their iCal address
• inviting further people to the family calendar
• a weather forecast for the place entered, with suggestions for what to wear
• downloading your own data and deleting the account

So that the App remains reliable and affordable for everyone, upper limits apply per family: at most 100 running series of events, 20 subscribed calendars, 10 family displays and 20 open invitations, plus at most 20 personal email addresses for forwarded emails per account in a family. The limits of the AI analysis are set out in section 5.

3. Conclusion of the contract

The contract for the use of the App is concluded when you create a user account: by registering or, if we offer it, by the first sign-in with Google or Apple that creates a new account. By creating the account, you agree to these GTC. This also applies if you join a family by way of an invitation.

To register, you enter your name, your email address and a password on the “Sign up” page and submit the form with “Sign up”; this concludes the contract. When signing in with Google or Apple, you confirm the sign-in with the provider; if it creates a new account, this concludes the contract. You can correct your entries in the fields at any time before submitting. If you would like details of your account changed later, write to us.

After the account has been created, the Provider sends you the text of the contract, these GTC with the instructions on withdrawal and the model withdrawal form, by email to the address of the account; beyond that, it does not store it separately for you. The GTC in force at any time are available at familienplaner.app/en/agb, where you can view, print or save them at any time. The contract languages are German, English, French and Italian. The Provider has not submitted to any particular codes of conduct.

Adults may create an account of their own. Minors need the consent of their parents or guardians to do so, for example by being invited to the family by them. As a consumer, you can withdraw from the contract in accordance with section 11.

4. Costs

Use of the App is currently free of charge; the upper limits from sections 2 and 5 apply to everyone. The Provider reserves the right to offer paid features or plans in the future. You will incur costs only if you expressly agree to a paid offer; for this purpose, the Provider changes what you use free of charge until then only in accordance with section 13. You bear the costs of your internet access yourself.

5. Automatic analysis by AI

The App analyses forwarded emails, quick entries and photos and PDF files that you attach in “New entry” using an AI language model. Events that it identifies in a forwarded email, a photo or a PDF file are entered in the calendar without prior confirmation; as a result, they also appear on a family display and in calendar apps that retrieve the calendar feed. With the quick entry, the App saves only once you confirm the suggestion.

Not entered are, among other things, events that are already in the calendar, that were removed earlier, whose day has already passed when the email is analysed, or that exceed an upper limit. The upper limits are currently: the App takes at most 20 entries from one email and no more. Of these, it enters at most three series of events straight away; per family and day, it enters at most 40 events and 10 series of events itself, series only as long as the family has fewer than 80 running series. Anything it therefore does not enter itself waits in the inbox for your decision. In addition, per family and day, the AI reads at most 200 quick entries and carries out at most 50 analyses of photos or PDF files; after that, the App accepts nothing more of this kind until the next day.

The results may be incomplete or incorrect: events may be overlooked, entered with the wrong date or the wrong time, entered twice, or assigned to the wrong person. If the AI identifies a regular repetition in a forwarded email, it enters a series of events; if the repetition is identified wrongly, the error affects all events of the series. The app takes the details you store about family members and the assignments of senders into account for further emails; if they are wrong, the events from those emails may also be assigned to the wrong person. Please check important events against the original message.

Photos and PDF files are read by only one language model; if it cannot be reached, reading fails and you can try again. The Provider does not store the files themselves; therefore compare identified events with your own original. If a photo or PDF file names a day only as “tomorrow” or as a weekday, the App marks the event with “Check the date”, because it is not certain when the text was written.

The privacy policy sets out which data is transmitted to which service providers in the process.

6. Family, roles and content

Whoever creates an account gets a family calendar of their own; this account is the main account of the family. The main account and the accounts that it or another admin allows to do so (admins) manage the family: name, region and place, family members, accounts and their roles, invitations, subscribed calendars and family displays. Every account of the family, even without the admin role, sees and changes events, tasks, the shopping list and birthdays and reads the emails forwarded to the family in full.

An admin can remove an account’s access to the family, and every account except the main account can leave the family. The account then gets a calendar of its own again; what it entered in the family or forwarded to it stays there. If the main account is deleted, the family ends: its data is deleted, and the other accounts of the family get a calendar of their own again.

What you enter, forward or attach remains your content. You grant the Provider only the rights it needs to provide the App, that is to store the content, analyse it and show it to your family.

7. Obligations of the user

The user undertakes:

• to provide truthful information when registering and to keep it up to date
• to treat their login details as confidential and not to pass them on to third parties; this also applies to the address of a calendar feed through which events can be retrieved without signing in
• not to use the App for unlawful purposes
• not to enter, forward or attach any content that infringes applicable law or the rights of third parties
• to enter other people's data and to forward or attach emails, photos and PDF files only to the extent that the user is entitled to do so; for minor children, the persons with parental responsibility act on their behalf
• to subscribe to external calendars only if the user may use their address for this purpose
• to set up a family display only where showing its content without a sign-in is intended
• to invite only people who agree to being invited

8. Availability

The Provider endeavours to keep the availability of the App as high as possible. However, there is no entitlement to uninterrupted availability. The Provider reserves the right to take the App out of operation temporarily for maintenance work or technical updates.

Parts of the App depend on services of third parties, for example on the provider of the AI language model, on the Norwegian Meteorological Institute for the weather, on IONOS SE for emails and on the providers of subscribed calendars. If they fail, the function concerned may be unavailable for a while. The weather forecast does not warn of severe weather.

9. Rights in case of defects and liability

If the App is defective, the statutory rights apply, for consumers in Germany in particular the provisions on digital products (§§ 327 et seq. of the German Civil Code, BGB). The Provider makes available the updates needed for the App to remain in conformity with the contract.

The Provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act, to the extent of a guarantee given and for fraudulently concealed defects. In the case of slight negligence, it is liable only if it breaches an essential contractual obligation, and then limited to the foreseeable damage typical of the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely, for example that the Provider does not lose your stored data. Otherwise, liability for slight negligence is excluded.

The AI may overlook events or identify them incorrectly (section 5). The weather forecast and the suggestions for what to wear that are calculated from it are based on third-party data and may differ from the actual weather. The Provider does not promise that identified events or the forecast are always correct; the user is responsible for the accuracy of the data they enter themselves. The Provider backs up the stored data regularly; you can also download important data at any time in the settings under “Your data”.

10. Data protection

The protection of your personal data is important to us. Information on the collection and use of personal data can be found in our privacy policy at familienplaner.app/en/datenschutz.

11. Right of withdrawal

As a consumer, you have a right of withdrawal in accordance with the following instructions on withdrawal.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Schönebergerin UG (haftungsbeschränkt), Akazienstraße 3, 10823 Berlin, Germany, email: info@schoenebergerin.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website familienplaner.app/en/widerruf. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.

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, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 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.

End of the instructions on withdrawal

In addition to the instructions on withdrawal: after a withdrawal the contract ends, and the Provider deletes your account as in the case of termination (section 12). You have made no payments for the free use; there is therefore nothing to reimburse. The Provider no longer uses your content after the withdrawal; you can download it beforehand in the settings under “Your data”. The Provider confirms receipt of a withdrawal via familienplaner.app/en/widerruf by email to the address given, with your name, the address, your message and the time of receipt. When withdrawing, please state the email address of your account so that the Provider can find it.

Model withdrawal form

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

• To Schönebergerin UG (haftungsbeschränkt), Akazienstraße 3, 10823 Berlin, Germany, email: info@schoenebergerin.de:
• 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.

12. Termination and deletion

You can terminate the user agreement at any time without notice by deleting your account: on the web in the settings under “Delete account”, or by email to info@schoenebergerin.de.

The Provider may terminate the contract with two weeks’ notice; it informs you of the termination by email and tells you how to download your data beforehand. The right of both parties to terminate without notice for good cause remains unaffected. Good cause for the Provider is in particular a serious breach of these GTC or one that continues despite a warning; in the event of such a breach, the Provider may also block the account temporarily. A warning is not required if it holds no prospect of success or if immediate action is necessary, for example to protect the rights of third parties or the security of the App.

When the contract ends, the account is deleted. If it is the main account of a family, the family ends: its data is deleted, and the other accounts of the family get a calendar of their own again. If it is the account of a member, what it entered in the family or forwarded to it stays with the family. The privacy policy and familienplaner.app/en/konto-loeschen set out which data is deleted together with the account.

13. Changes to the service and to the GTC

The Provider continues to develop the App. It may change the service if there is a valid reason for doing so, for example a technical development, a change in the legal situation, the security of the App or a change in services of third parties, if this does not cause you any additional costs and if it informs you of the change clearly and comprehensibly. If a change impairs your access to the App or its usability more than only insignificantly, it informs you in good time beforehand by email of the content and the time of the change and of your right to terminate the contract free of charge within 30 days of the notification or, if the change is made later, of the change.

The Provider changes these GTC only if there is an objective reason for doing so, for example new functions, changed laws or case law or a gap in the GTC. It does not change the main services or the relationship between performance and consideration in this way. It notifies you of changes at least six weeks before they are to take effect, by email or by a notice in the App. If you do not object by that time, the changed GTC are deemed to have been accepted; in the notification, the Provider expressly points out this consequence, the period and your right to object or to terminate the contract free of charge until then. If you object, the previous GTC continue to apply; the Provider may then terminate the contract in accordance with section 12.

14. Severability clause

Should individual provisions of these GTC be or become invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provisions.

15. Applicable law, place of jurisdiction and dispute resolution

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in Austria or Switzerland, the mandatory consumer protection provisions of your country of residence remain applicable.

The place of jurisdiction is Berlin if you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law. For consumers, the statutory places of jurisdiction apply.

These GTC are available in German, English, French and Italian. If the versions differ, the German version prevails.

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

16. Contact

If you have any questions about these GTC, please contact:

Schönebergerin UG (haftungsbeschränkt) Akazienstraße 3 10823 Berlin Email: info@schoenebergerin.de