Last updated: 2026-08-20
Part A — General provisions
1. Provider and scope
(1) The provider of the appointment-scheduling platform Zimun (zimun.online, the "Platform" or "Service") is
Zimun Labs UG (haftungsbeschränkt)
Buchenteich 3, 73773 Aichwald, Germany
Commercial register: Handelsregister B of the Local Court of Stuttgart, HRB 806662
Managing Director: Svetlana Ponomarenko
Email: info@zimun.online, Phone: +49 176 63030716
("Zimun", "we").
(2) These Terms govern use of the Platform by organisations (Part B) and by end-customers (Part C). Parts A and D apply to all users.
(3) Deviating or supplementary terms of an organisation do not become part of the contract unless we expressly agree to them in text form.
2. Definitions
- "Organisation" / "Service Customer": a business, freelancer, or other person using the Platform to manage its own appointments, services, resources, and team members and to receive bookings.
- "Member": a natural person with a user account assigned to an organisation.
- "End-customer": a person who books or manages an appointment with an organisation via the Platform.
- "Consumer": any natural person within the meaning of Section 13 of the German Civil Code (BGB); "entrepreneur": within the meaning of Section 14 BGB.
Part B — Use by organisations
3. Subject matter and scope of services
(1) Zimun provides the organisation with cloud-based appointment-scheduling software as a service, in particular: online booking pages, appointment and resource management, team management, transactional notifications, optional calendar synchronisation (Google Calendar), optional video-appointment links (Google Meet), and an optional AI booking chat (Section 10).
(2) The current scope of the individual plans (free basic plan and paid monthly plans, tiered by number of team members) is set out in the pricing overview at zimun.online/pricing.
(3) Zimun may further develop the scope of features, provided the contractually agreed core functionality is preserved; Section 17 (Changes) remains unaffected.
4. Conclusion of contract, account, minimum age
(1) The usage contract for the free plan is concluded upon completion of registration. The contract for a paid plan is concluded when the organisation completes the order process and we confirm the order or activate the plan.
(2) For paid orders placed by consumers, the order is concluded via a button clearly labelled, in accordance with Section 312j(3) BGB, with the words "zahlungspflichtig bestellen" ("order with obligation to pay") or equivalent unambiguous wording.
(3) Sign-in is via Google or Microsoft login (OAuth); Zimun does not store passwords. The organisation keeps its account details up to date and protects access to its accounts.
(4) Account holders must be at least 18 years old and have full legal capacity.
(5) Information on contract formation in electronic commerce (Section 312i BGB, Article 246c EGBGB).
- Technical steps: you choose sign-in via Google or Microsoft, confirm that you have taken note of these Terms and of the Privacy Policy, and complete the registration. The contract for the free plan is formed upon completion of the registration (paragraph 1). For paid plans, the ordering process under paragraphs 1 and 2 applies in addition.
- Storage of the contract text: Zimun stores the contract text. The applicable version of these Terms is available at any time at zimun.online/tc; which version your organisation accepted is recorded with its version number and timestamp and can be viewed in the settings under "Legal". On request we will send you the accepted version in text form.
- Input errors: before submitting, you can review your entries at any time and correct them using the usual keyboard and mouse functions and your browser's back function; the process can be cancelled at any point before completion. After registration, account and organisation data can be corrected in the settings.
- Contract languages: the languages in which the platform is offered are available for concluding the contract. The German version of these Terms prevails (clause 18).
5. Fees and payment
(1) The basic plan is free of charge. For paid plans, the prices displayed at the time of ordering apply, as per the pricing overview (zimun.online/pricing); billing is monthly. Invoices and invoice corrections are transmitted electronically, normally by email to the address the organisation has on file; the organisation consents to the electronic transmission of invoices — including other invoices within the meaning of Section 14(1) UStG, for example as PDF. The right to a structured electronic invoice (E-Rechnung) remains unaffected; it will be provided on request once the statutory transitional rules so require.
(2) Zimun is not a small business within the meaning of Section 19 UStG (German VAT Act). Domestic taxable supplies are subject to the statutory rate of VAT; that rate is currently 19% (Section 12 (1) UStG). The statutory rate in force at the time of supply governs. Towards consumers, prices in the pricing overview and during the order process are always shown as total prices including statutory VAT. Towards business customers, prices are net prices plus the applicable statutory VAT. For cross-border supplies, VAT is determined by the applicable place-of-supply rules (Sections 3a et seq. UStG). Where the supply is made to a business for its business, the place of supply is generally the country in which the recipient is established (Section 3a (2) UStG); the tax liability may then pass to the recipient (reverse-charge mechanism) and no German VAT is charged. Where the supply is made to a consumer resident in another EU Member State, the place of supply may shift to that state (Section 3a (5) UStG). The VAT treatment applied to your order is displayed before you place it and is stated on the invoice.
(3) Payment processing via the Platform (planned): Once Zimun offers an online payment feature for end-customer payments to the organisation (planned via Stripe), Zimun may charge a processing fee for this, borne by the organisation and displayed in the pricing overview before the feature is activated. No surcharge is applied to end-customers. Use of this feature is voluntary and only becomes part of the contract upon separate activation by the organisation.
6. Right of withdrawal for consumers
If the organisation is a consumer (e.g. an individual or freelancer who cannot attribute the contract predominantly to their commercial or independent professional activity), the following right of withdrawal applies to paid contracts:
Instructions on withdrawal (Widerrufsbelehrung)
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 (Zimun Labs UG (haftungsbeschränkt), Buchenteich 3, 73773 Aichwald, Germany, phone: +49 176 63030716, email: info@zimun.online) of your decision to withdraw from this contract by an unequivocal statement (e.g. 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. 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.
Early expiry of the right of withdrawal: In the case of a contract for the provision of services — including digital services such as the software-as-a-service offered here — your right of withdrawal expires early (Section 356(5) no. 2 BGB) if we have provided the service in full and only began performing the service after you gave your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
- To: Zimun Labs UG (haftungsbeschränkt), Buchenteich 3, 73773 Aichwald, Germany, email: info@zimun.online
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
7. Term and termination
(1) Paid plans have a minimum term of one month. After the minimum term, the contract continues for an indefinite period and may be terminated by the organisation at any time in text form with one month's notice. After termination, the account is switched to the free basic plan unless the organisation requests complete closure.
(2) The organisation may end the free basic plan at any time without notice, in particular by notice in text form to the contact details given in Section 1; where Zimun provides an account-deletion function within the account, termination may also be declared through it.
(3) Where Zimun enables consumers to conclude paid contracts via the website, Zimun provides a permanently available termination button on the website pursuant to Section 312k BGB; contracts concluded via the website that oblige Zimun to provide a paid service may then also be terminated through it. Independently of this, a declaration in text form is sufficient for any termination at any time (paragraphs 1 and 2).
(4) The right to extraordinary termination for good cause remains unaffected.
(5) After the contract ends, the organisation's data is deleted or returned in accordance with the Privacy Policy and the data processing agreement. To prevent accidental and malicious deletion and to allow the organisation to retrieve its data, final deletion takes place 30 days after the contract ends; within that period the organisation may revoke the deletion. At the organisation's request, Zimun deletes earlier. Statutory retention obligations remain unaffected.
8. Obligations of the organisation; acceptable use
(1) The organisation offers its services in its own name. Contracts for the booked services are concluded exclusively between the organisation and the end-customer; Zimun does not become a contracting party. Section 13(2) applies to the conclusion of the contract for the booked service.
(2) The organisation is responsible for the lawfulness of its offering, content, and communications, including its own information duties (e.g. its own legal notice, its own privacy information, price indications, and, where applicable, its own terms) vis-à-vis its end-customers.
(3) The organisation undertakes not to provide false or misleading information, not to disrupt the Service, not to attempt unauthorised access, not to introduce malware, and not to use the Service for unlawful or abusive purposes. Violations may trigger the measures set out in Section 9 (restriction, suspension, termination).
(4) The organisation retains all rights in the content it uploads (e.g. logos, images, service descriptions). It grants Zimun the non-exclusive, non-transferable right, limited to the term of the contract, to store, reproduce, and display this content on its booking pages and in the associated notifications, to the extent necessary to provide the Service (cf. Art. 3(1)(e) of Regulation (EU) 2019/1150, the "P2B Regulation"). The organisation warrants that it holds the rights required for this.
(5) Where the organisation activates programming-interface (API) or MCP access, the following applies in addition: appointments booked through these interfaces are created without a Zimun booking page. The end-customer sees no Zimun interface and therefore takes note of no Zimun provisions. Zimun accordingly neither obtains nor records any end-customer acceptance on these routes. For every booking submitted through these interfaces, the organisation warrants that (a) it has its own legal basis for the processing, (b) it discharges its own information duties under Art. 13 and 14 GDPR itself, naming Zimun as its processor, and (c) it makes the information for managing and cancelling the appointment available to the end-customer. This warranty must be confirmed explicitly on activation; the confirmation is recorded with its version, the time, and the person acting. Without it, access is not activated.
9. Restriction, suspension, and termination by Zimun
(1) Grounds. Zimun may restrict or suspend an organisation's use of the Platform, in whole or in part, or terminate the contract in accordance with paragraphs 2 to 7, only on the following grounds:
- a) Payment default: The organisation is in default with fees due and fails to pay despite a reminder setting a grace period of at least 14 days.
- b) Incorrect account data; impersonation: Registration or account data is false, outdated, or incomplete and is not corrected within a reasonable period despite a request, or the organisation passes itself off as another business or person.
- c) Unlawful content or activities: Unlawful content is made available via the Platform, or unlawful activities are offered or carried out via it; where there are concrete indications, this includes offering services subject to a permit or licence requirement (e.g. medical treatments or body-art/hygiene services requiring a permit) without holding the required permit or licence.
- d) Third-party rights: Uploaded content (e.g. logos, images, service descriptions) infringes trademarks, copyright, personality rights, or other rights of third parties.
- e) Lapse of the data processing agreement: The organisation disputes or revokes the validity of the data processing agreement incorporated under Section 10(1), without a replacement agreement under Art. 28 GDPR being concluded; without such an agreement, Zimun may not process end-customer data for the organisation.
- f) Advertising or spam: The Platform's transactional notifications are misused for advertising, spam, or other bulk messages unrelated to appointments.
- g) Plan circumvention: The plan tiering by team members is circumvented, in particular by splitting a single business operation across multiple organisations or accounts.
- h) Security and technical abuse: Attacks on the Service, probing for vulnerabilities, introducing malware, scraping, automated access outside the documented interfaces, or use that impairs the availability or integrity of the Service for other users.
- i) Third-party services: Violations of the terms of use of the third-party services connected via the Platform (in particular Google and Microsoft), where the connection runs via Zimun's API credentials and the violation endangers those credentials, the Service, or other users.
- j) Deception; misuse of the AI chat: Fraudulent or fake bookings, misleading service descriptions, or misuse of the AI booking chat, in particular configuring it to provide regulated advice (such as medical or legal advice).
- k) Sanctions; binding orders: The organisation or its beneficial owners are named on an applicable sanctions or embargo list, or a binding order of a court or competent authority obliges Zimun to take a measure.
- l) Other material breaches: Any other material breach of these Terms that is not remedied within a reasonable period despite a warning.
- m) Suspension of payment processing: The organisation has activated the online payment feature (Section 5 (3)) and the payment service provider used by the organisation has suspended or restricted the processing of payments for the organisation (for example because its legally required checks have not been completed), or the connection between the platform and the organisation's account with the payment service provider has been disconnected. A measure under this letter is limited to the payment feature; all other use of the platform, existing bookings and the ability to issue refunds remain unaffected. Where Zimun suspends the payment feature on one of the other grounds of this paragraph (in particular letters a and j), sentence 2 applies accordingly.
- n) Tax cooperation duties (Section 23 PStTG): Zimun is a reporting platform operator within the meaning of the German Platform Tax Transparency Act (PStTG). Where Zimun is accordingly required to collect and verify information about the organisation (Sections 17, 18 PStTG; details in the privacy policy), Zimun requests that information from the organisation and states what the request is based on. Whether that duty exists does not depend on whether the organisation uses the online payment feature (Section 5 (3)), nor on by what route or by whom a consideration is paid; for a consideration to exist it is irrelevant who provides it (Section 5 (2) sentence 3 PStTG). What governs is the statutory test alone: the duty applies to organisations that are providers within the meaning of the PStTG and carry out a relevant activity for a consideration the amount of which is known to Zimun or ought to be known to it (Section 5 (1) sentence 1, (2) sentences 1 and 2, Section 4 (4) and (6) PStTG). Zimun carries out the due-diligence procedures under Sections 17 to 20 PStTG only in respect of active providers (Section 16 PStTG). If the organisation fails to provide the requested information in full despite the request and two reminders, Section 23 sentence 2 PStTG requires Zimun to take one of two measures: either to prevent the organisation's further use of the platform by blocking it or deleting its registration (no. 1), or to withhold payments of the consideration to the organisation (no. 2). Withholding payments is factually unavailable to Zimun, because Zimun at no point receives or forwards the organisation's consideration: payments made through the online payment feature run directly through the organisation's own account with its payment service provider (Section 5 (3)). Zimun therefore chooses the measure under Section 23 sentence 2 no. 1 PStTG and blocks further use of the platform; of the two routes named there, Zimun chooses blocking rather than deletion of the registration, so that the organisation's data is preserved. For the duration of the block, Zimun additionally ensures that the organisation cannot evade the measure by registering again (Section 23 sentence 2 no. 1 PStTG). The block takes effect no earlier than 60 days and no later than 180 days after the original request. Zimun lifts it without undue delay as soon as the information has been provided in full (Section 23 sentence 3 PStTG); the statute provides no other ground for lifting it. The block covers active use of the platform, in particular new bookings and administrative functions. The organisation's access to its data and the export of that data (Section 12), and its right to terminate, are unaffected; the block serves to enforce cooperation and not to withhold data, and data access is in any event owed by Zimun under Section 12 and under Art. 28(3)(g) GDPR. Appointments already booked remain in place.
(2) Proportionality and choice of measure. Zimun chooses the mildest suitable measure in the circumstances of the individual case. This does not entail a fixed sequence of measures: depending on the seriousness of the ground, the extent and duration of the breach, and the consequences for end-customers, third parties, or the Service, Zimun may first work towards a remedy or may restrict or suspend use immediately. Where a ground under paragraph 1 itself requires a reminder, a request, or a warning with a period to remedy (paragraph 1(a), (b), and (l)), or prescribes a statutory procedure (paragraph 1(n)), that requirement continues to apply. Where the ground concerns only specific content or features, Zimun limits a measure to these where possible instead of suspending access as a whole. Zimun does not use automated content moderation; decisions under this Section are made by humans on a case-by-case basis (Art. 14(1) of Regulation (EU) 2022/2065, the "DSA").
(3) Immediate measures. Zimun may restrict features or suspend access without a prior opportunity to remedy, in particular in the case of unlawful content, an acute threat to the security or integrity of the Service, to end-customers, or to third parties, or on the basis of a binding statutory, judicial, or regulatory obligation. The statement of reasons under paragraph 4 remains required in these cases as well.
(4) Statement of reasons. Every restriction or suspension is explained to the organisation in text form (on a durable medium) at the latest at the time it takes effect; the statement of reasons sets out the relevant facts and circumstances — including the content of any third-party notifications — and the applicable ground under paragraph 1 (Art. 4(1) and (5) P2B Regulation). Facts are withheld only where a statutory or regulatory obligation so requires or where a request from a law-enforcement authority so demands.
(5) Termination on the grounds in paragraph 1. A termination by Zimun is communicated to the organisation in text form, with a statement of reasons in accordance with paragraph 4, at least 30 days before it takes effect (Art. 4(2) P2B Regulation). The 30-day period does not apply only where (a) a statutory or regulatory obligation requires Zimun to terminate the contract in a manner that does not allow it to respect this period, (b) Zimun exercises a right of termination under an imperative reason pursuant to German law (in particular extraordinary termination for good cause, Section 314 BGB), or (c) the organisation has repeatedly infringed these Terms (Art. 4(4) P2B Regulation); in these cases, the statement of reasons is provided without undue delay (Art. 4(5) P2B Regulation).
(6) Opportunity to respond; reinstatement. The organisation is given the opportunity to clarify the facts and to comment on a measure (contact: info@zimun.online). If a measure proves to be unfounded, Zimun revokes it without undue delay and reinstates the organisation's access, including access to its data (Section 12).
(7) Ordinary termination without breach. Zimun may terminate the contract in the ordinary course, independent of fault, where (a) Zimun discontinues the Service as a whole or the plan concerned, or (b) — for the free basic plan only — the account is permanently inactive (no sign-in by a member of the organisation for at least twelve months). The notice period is at least 30 days; for paid plans, the termination takes effect no earlier than the end of the minimum term (Section 7(1)). The notice is given in text form and states the reason. Fees for periods after the end of the contract are refunded pro rata. In the case of inactivity, the termination lapses if a member of the organisation signs in again before it takes effect.
(8) Extraordinary termination; data. The right of both parties to extraordinary termination for good cause (Section 314 BGB, Section 7(4)) remains unaffected and is not limited by this Section. Access to the organisation's data, its export, and its deletion after the end of the contract are governed by Section 12 and Section 7(5).
10. Data protection roles; data processing agreement; AI chat
(1) Where Zimun processes personal data (in particular end-customer, appointment, and staff data) on behalf of the organisation, Zimun acts as a processor within the meaning of Art. 28 GDPR. The data processing agreement (AVV) in the version applicable at the time the contract is concluded forms part of this contract and is concluded together with it; the organisation may request it from the provider at any time and will receive it in text form. Where Zimun additionally offers a separate confirmation of the data processing agreement within the account, that confirmation serves documentation purposes and does not affect its incorporation under sentence 2.
(2) AI chat (organisation's own OpenAI key): The optional AI booking chat operates exclusively with an OpenAI API key provided by the organisation itself. The organisation is the controller for this processing under data-protection law; OpenAI is its (sub-)processor, not Zimun's. The organisation ensures that it has concluded the required agreements with OpenAI (in particular a data processing agreement and transfer mechanisms) and that its use is lawful vis-à-vis its end-customers.
11. Availability
(1) Zimun aims for a Platform availability of 99.9% on a monthly average. This is a target value, not a warranted characteristic or guarantee.
(2) Excluded from the calculation are periods of scheduled maintenance (where possible outside normal business hours and with advance notice), disruptions outside Zimun's control (e.g. failures of third-party services, network or power outages, DDoS attacks), and cases of force majeure.
(3) Statutory warranty and liability rights, including Sections 327 et seq. BGB vis-à-vis consumers for digital products, remain unaffected.
12. Data access; no differentiated treatment
(1) The organisation's access. During the term of the contract, the organisation has access via its account to the data that it or its members have provided or that was generated for it through use of the Platform — in particular appointment and booking data including the associated end-customer data, as well as service, resource, and team data. It can view this data via the Platform and, where export features are available, export it; otherwise, Zimun provides it on request in a commonly used, machine-readable format (Art. 9 P2B Regulation).
(2) Zimun's access. Zimun has access to the data provided and generated through use (including technical log data) to the extent necessary for the operation, security, billing, support, and further development of the Service. Details are governed by the Privacy Policy and the data processing agreement (Section 10).
(3) Data of other users; disclosure to third parties. Organisations do not receive access to data of other organisations or of their end-customers, including in aggregated form. Zimun discloses data only to the recipients named in the Privacy Policy — in particular the organisation involved in an appointment, the processors named there, and public authorities where legally required — and does not sell data.
(4) After the end of the contract. The continuation of data access, export, and deletion after the end of the contract are governed by Section 7(5).
(5) No differentiated treatment. Zimun does not offer its own goods or services via the Platform in competition with the services of the organisations and grants neither itself nor organisations controlled by Zimun any preferential treatment (Art. 7 P2B Regulation). No public directory or ranking of organisations currently exists. Zimun does not market the organisations' offers through any additional distribution channels or affiliate programmes of its own (Art. 3(1)(d) P2B Regulation); the offers are reachable exclusively via the booking pages of the respective organisation.
(6) Switching providers (Chapter VI of Regulation (EU) 2023/2854, the "Data Act"). The organisation may at any time request to switch to another provider of a service of the same service type or to its own IT environment. Three separate periods govern the switch:
a) Notice period. Initiating the switch follows the notice periods of Section 7; these never exceed two months (Art. 25(2)(d)).
b) Transitional period. When the notice period ends, a transitional period of 30 calendar days begins, during which this contract continues to apply and Zimun continues to provide the service. During this period Zimun provides reasonable assistance to the organisation and to third parties it has authorised in completing the switch, acts with due care to maintain business continuity and to continue the functions and services under the contract, clearly informs the organisation of known risks to uninterrupted provision, and maintains a high level of security, in particular during the transfer of data and throughout the retrieval period under point e (Art. 25(2)(a)). The regular charges of the selected tier remain payable for the continued service; Zimun charges no switching or data-retrieval fees (Art. 2(36), Art. 25(2)(i), Art. 29).
c) Extension of the transitional period. The organisation is entitled to extend the transitional period once, for a period it considers more appropriate for its own purposes; a notice in text form before the transitional period ends suffices (Art. 25(5)). Where the 30-day transitional period is technically unfeasible, Zimun notifies the organisation within 14 working days of the switching request, giving reasons for the technical unfeasibility and indicating an alternative transitional period not exceeding seven months; continuity of the service is ensured throughout that period as well (Art. 25(4)).
d) The organisation's notification; end of contract. The organisation may notify Zimun by the end of the notice period whether it is switching to another provider — in that case providing the necessary details of that provider —, switching to its own IT environment, or wishes its exportable data and digital assets to be erased (Art. 25(3)). The contract is deemed terminated once the switch has been completed successfully, or otherwise — where the organisation does not wish to switch but to erase — when the notice period ends; Zimun informs the organisation of the termination in text form (Art. 25(2)(c)).
e) Retrieval period and deletion. After the transitional period ends, the organisation's data remains available for retrieval for a further 30 calendar days (Art. 25(2)(g)). Section 7(5) applies with the proviso that, in the event of a switch, that period begins only when the transitional period ends. After the retrieval period expires, Zimun fully deletes all exportable data and digital assets generated directly by the organisation or relating directly to it (Art. 25(2)(h)); statutory retention obligations remain unaffected.
f) Exit strategy. Zimun supports the organisation's exit strategy relevant to the contracted services and provides all relevant information for it (Art. 25(2)(b)). The information on the available switching and porting procedures, methods and formats, on known restrictions and technical limitations, and the register of data structures, data formats and relevant standards are available at zimun.online/wechsel (Art. 26).
(7) Exportable data; exclusions; format. During the switch, exhaustively the following categories can be ported: organisation master data and settings; location data; service and offering data including assignments; team and member data; resource and occupancy data; working, opening and exception hours; appointment and booking data including the associated end-customer data and recurring-appointment templates; billing records for payments processed via the platform; configuration of calendar feeds and API clients excluding access secrets; records of acceptance of legal documents (Art. 25(2)(e)). Booking-assistant conversation histories are not stored by Zimun and are therefore not part of the exportable data (see the Privacy Policy). Content uploaded or provided by the organisation in which it holds rights of use independently of this contract (Section 8 (4) — such as logos and images) constitutes digital assets within the meaning of Art. 2(32) and, where present, is likewise made available during the switch; Zimun's own software and tooling is not included. Excluded from the exportable data are solely data specific to the internal functioning of the service whose disclosure would breach Zimun's trade secrets — namely parameters and logs of abuse and attack defence, rate-limiting and idempotency records, and internal security logs; these exclusions do not impede or delay the switch (Art. 25(2)(f)). Access and refresh tokens for third-party accounts (such as Google, Microsoft) are not ported, for reasons of security and integrity; the organisation re-establishes those connections with the destination provider (Art. 30(6)). For the purposes of switching, Zimun makes the open interfaces required for it — the export functions and switching-scoped access to the documented API (zimun.online/docs/api) — available to the organisation and to the receiving provider free of charge on every tier (Art. 30(2)); regular use of the API beyond that follows the booked tier (pricing overview); in addition, Zimun exports the exportable data at the organisation's request in a structured, commonly used and machine-readable format (Art. 30(5)).
(8) Jurisdiction of the ICT infrastructure; governmental access requests. The information on the jurisdiction to which the ICT infrastructure deployed for providing the service is subject, and a general description of the technical, organisational and contractual measures Zimun has adopted against international governmental access to non-personal data stored in the Union, are published at zimun.online/infrastruktur and kept up to date (Art. 28). If Zimun receives a data access request from a third-country authority, Zimun informs the organisation before complying, unless the request serves law-enforcement purposes and informing would jeopardise their effectiveness (Art. 32(5)).
Part C — Use by end-customers
13. Role of the Platform
(1) Zimun provides end-customers with the technical means to book and manage appointments with organisations. Use is free of charge for end-customers.
(2) The contract for the booked service is concluded exclusively between the end-customer and the organisation; Zimun does not become a contracting party. Where the booking page displays a fixed price for the selected service and the end-customer confirms a booking expressly labelled as obliging payment (Section 312j (3) of the German Civil Code, BGB), the contract for the service is concluded at that price upon the booking confirmation. In all other cases — in particular where no price, or only a guide price marked as non-binding (e.g. a "from" price), is displayed and no payment is made — the booking itself does not yet conclude a contract for the service; the booking is then a non-binding appointment reservation, and the contract for the service — including the final price — is concluded directly between the end-customer and the organisation, as a rule on site when the service is used. A guide price is not a promise of a fixed price; the organisation is responsible for the accuracy and availability of displayed prices (Section 8 (2)). Zimun does not provide the booked service, has no influence on it, and assumes no responsibility for its performance, quality, or outcome. All claims relating to the service (performance, cancellation, delay, refunds, disputes) must be asserted against the organisation.
14. Booking and communication
(1) To handle the appointment, the booking data is transmitted to the organisation (name, email address, phone number where provided, selected service/resource, appointment time, optional additional information). Details are set out in the Privacy Policy.
(2) The Service sends the transactional messages required for handling the appointment (confirmation, reminder, change, cancellation, required follow-ups). These messages are not advertising.
(3) The contact data stored for an appointment (name, email address, phone number where provided) is deleted automatically one (1) month after the appointment. Where the appointment was paid through the online payment feature (Section 5 (3)), it is instead deleted 180 days after the appointment: within that period payments may still become the subject of chargebacks or payment disputes, which could not be allocated and resolved without this data. After deletion, the remaining appointment data (time, service, resource) contains no contact data; it continues to be treated as personal data, since in individual cases the time, service and resource may still allow a link to the end-customer. Records and supporting documents relating to payments processed via the Platform are retained by Zimun in accordance with the statutory retention periods (Section 147 AO, German Fiscal Code; Section 14b UStG, German VAT Act); they contain no contact data of end-customers. Details in the Privacy Policy.
(4) Where an organisation offers the AI booking chat, the chat processing takes place under the organisation's data-protection responsibility using OpenAI as its processor (Section 10(2); Privacy Policy Section 13).
15. Acceptable use by end-customers
End-customers undertake not to provide false or misleading information, not to book appointments without intent to use them, not to disrupt the Service, and not to use it for unlawful purposes. In the event of abuse, Zimun may restrict access. Such decisions are made by humans on a case-by-case basis; Zimun does not use automated content moderation (Art. 14(1) of Regulation (EU) 2022/2065, the "DSA"). Affected persons may contact info@zimun.online for clarification; Section 9(2), (4) and (6) apply accordingly, so the person concerned is given a statement of reasons for the measure (Art. 17 of Regulation (EU) 2022/2065).
15a. Reporting illegal content (Art. 16 DSA)
(1) Any individual or entity may notify us of content they consider to be illegal. Notices are submitted electronically to info@zimun.online. The simplest way is our reporting form. The point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 named in Section 1 and in the legal notice continues to exist alongside this.
(2) For a notice to be actionable, and to give rise to the effects of Art. 16(3) of Regulation (EU) 2022/2065, it should contain the particulars set out in Art. 16(2) of Regulation (EU) 2022/2065, namely: (a) a sufficiently substantiated explanation of why the content is alleged to be illegal, (b) the exact electronic location (URL), (c) the name and email address of the person or entity submitting it, and (d) a statement confirming that the information is accurate and complete to the best of their knowledge. If any of these is missing and we are able to reach the person who submitted the notice, we say so rather than leaving the notice unprocessed. The particular under (c) does not apply where the notice concerns information presumed to involve an offence referred to in Articles 3 to 7 of Directive 2011/93/EU (Art. 16(2)(c) of Regulation (EU) 2022/2065) — offences of sexual abuse and sexual exploitation of children, offences concerning child sexual abuse material, and solicitation of children for sexual purposes, in each case including incitement, aiding and abetting, and attempt. In those cases only, you may submit the notice without giving your name and email address; our reporting form contains an explicit selection for this. In all other cases the name and email address remain required. We handle a notice without those particulars in the same way, but we are then unable to acknowledge receipt or to communicate our decision to you (paragraph 3).
(3) Where the notice contains an electronic means of contact, we confirm receipt without undue delay, quoting a reference number (Art. 16(4)). We then inform the submitter of our decision together with the reasons for it and the redress available, including recourse to the courts (Art. 16(5)). Decisions are taken by a person on a case-by-case basis; we do not use automated content moderation (Art. 16(6)). Where the person affected is not the person who submitted the notice, Section 15 applies to them accordingly.
(4) Notices are retained, with the particulars contained in it under paragraph 2, for four years from receipt; details are set out in the Privacy Policy.
Part D — Common provisions
16. Liability
(1) Zimun is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body, or health, under the provisions of the German Product Liability Act, and to the extent of any guarantee assumed by Zimun or in the case of fraudulently concealed defects.
(2) In cases of simple negligence, Zimun is liable only for the breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting partner may regularly rely. In such cases, liability is limited to the typical damage foreseeable at the time the contract was concluded.
(3) In all other respects, Zimun's liability for simple negligence is excluded.
(4) The above limitations also apply in favour of Zimun's legal representatives, employees, and vicarious agents. They do not entail any change in the burden of proof to the user's detriment.
(5) For the free basic plan and free use by end-customers, the statutory liability standards for gratuitous services additionally remain unaffected.
17. Changes to these Terms
(1) Zimun may amend these Terms with effect for the future where there is a valid reason (in particular changes in law or case law, further development of the Service, new features) and the amendment is reasonable for the user taking their interests into account. The contractual balance of performance and price is not altered to the user's detriment via this mechanism.
(2) Registered users will be notified of amendments in text form (e.g. by email) at least six weeks before they take effect. The user may object to the amendments or terminate the contract before they take effect. If the user objects, either party may terminate the contract with effect from the date the amendments take effect; the previous Terms continue to apply until then.
(3) Vis-à-vis consumers, mere continued use is not deemed consent to amendments that materially restructure the contractual relationship; such amendments require express consent.
(4) Vis-à-vis organisations as business users within the meaning of the P2B Regulation, the following applies in addition: The notice period under paragraph 2 does not fall below the 15-day minimum of Art. 3(2) P2B Regulation; amended Terms are not applied before the notice period expires. If the organisation terminates the contract because of the amendment, its termination takes effect no later than 15 days after receipt of the amendment notice, unless a shorter period applies to the contract. The organisation may waive the notice period by an express statement in text form or by a clear affirmative action.
18. Contract language and translations
The contract language is German. The German version of these Terms is authoritative. Versions in other languages — including automatically generated translations into further languages available in the application — are provided for convenience only and are non-binding.
19. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence (Art. 6(2) Rome I Regulation).
(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, or is an entrepreneur without a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Zimun's registered seat. For consumers, the statutory places of jurisdiction apply.
(3) Zimun is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (Section 36 VSBG).
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; the statutory provisions take the place of the invalid provision.