Terms of Use

1. Scope

These Terms of Use govern access to and use of the Klokk service provided at klokk.me (the "Service"), operated by Steffen Fahrenbach, c/o Postflex #9683, Emsdettener Str. 10, 48268 Greven, Germany ("Provider", "we", "us").

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms apply both to free use and to paid subscriptions (Sections 3 et seq.). They apply to consumers (§ 13 BGB) and to businesses (§ 14 BGB).

2. Description of Service

Klokk is a self-hosted time tracking application: the Provider supplies the software and its Docker images, which you install and operate on your own infrastructure. The applicable limits (such as the number of user accounts per installation), included features and pricing tiers are published on klokk.me.

We may change the available tiers, limits and features going forward — for example through promotional offers, partner programmes, or branding and white-label arrangements. Changes affecting an existing paid subscription are governed by Section 10; price changes additionally require your active consent (Section 3). Because the software runs on your own infrastructure, the Provider does not owe any specific uptime or availability for your installation; operating your instance is your responsibility (Section 6). This does not concern the billing portal at my.klokk.me operated by the Provider.

3. Subscription, Pricing and Payment

Using Klokk is free for up to and including 5 users. Beyond that, a paid subscription may be taken out: each additional user costs €1.50 per month. Optional extensions (e.g. Branding, White Label, Ledger) are billed monthly at the price shown on the pricing page.

All prices are final prices. Under § 19 UStG (German small-business rule) no value-added tax is shown.

The paid contract is concluded when you complete your order on the pricing page using the "order with obligation to pay" button and confirm the payment via our payment service provider Mollie. Billing is monthly in advance; the respective amount is due at the start of the billing period and is collected via the stored payment method.

If you increase the number of users or add extensions during a running period, this takes effect immediately and is charged pro-rata. Reductions take effect from the next billing period. If a payment fails, we may suspend access or the license after an unsuccessful payment reminder.

4. Term and Cancellation

The paid subscription has a term of one month and renews automatically for one further month at a time unless cancelled. It can be cancelled at any time effective at the end of the current billing period; there is no minimum term.

You can cancel at any time — either in your license management or, without signing in, via the "Cancel contracts here" button at my.klokk.me/cancel. To identify your contract we require your contract email address and your license key there. We confirm receipt of your cancellation by email.

Until the end of the period already paid for, your access remains active unchanged; after that the license and any booked extensions end. There is no pro-rata refund for the running period.

5. Right of Withdrawal for Consumers

Consumers (§ 13 BGB) have a statutory right of withdrawal. Businesses (§ 14 BGB) have no right of withdrawal. You can also find the withdrawal instructions and the model withdrawal form on our Withdrawal page.

6. Permitted Use and Customer Responsibilities

You may use the Service solely for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Attempt to gain unauthorised access to any part of the Service or its infrastructure.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse-engineer, decompile, or otherwise attempt to extract proprietary source code (beyond what is already publicly available), except where and to the extent such acts are permitted by mandatory law (in particular § 69e UrhG for interoperability).
• Use the Service to transmit malware, spam, or any other malicious content.

As Klokk is self-hosted, you operate your own installation and are responsible for its safe operation. In particular you shall: test new versions in a separate, non-productive (staging) environment before deploying them to production; keep regular, restorable backups of your data; provide and secure a suitable hosting environment; and apply updates and security fixes in a timely manner. The Provider is not responsible for outages, data loss or damage resulting from your operating environment or from a failure to take these measures; such failures may be taken into account as contributory negligence (§ 254 BGB).

7. Intellectual Property

The Klokk software is proprietary. The Provider retains all intellectual property rights in and to the Service, including but not limited to the source code, design, trademarks, and documentation. Nothing in these Terms transfers any ownership rights to you.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service strictly in accordance with these Terms.

8. Warranty

Statutory warranty rights apply. For consumers (§ 13 BGB), the statutory provisions on the supply of digital products and services (§§ 327 et seq. BGB), including the statutory update obligation, apply in full and are neither excluded nor limited by these Terms.

As Klokk is installed and operated by you on your own infrastructure, the Provider does not guarantee uninterrupted or error-free operation of your installation and owes no specific availability; defects in the software itself remain subject to the statutory warranty. Towards businesses (§ 14 BGB), warranty is excluded for issues that do not concern the software itself but result from your operating environment.

The exclusions and limitations in this Section do not apply in cases of intent or gross negligence, for injury to life, body or health, for fraudulently concealed defects, for claims under the German Product Liability Act, or for the breach of essential contractual obligations (cardinal obligations); in these cases the statutory provisions apply (see also Section 9).

9. Limitation of Liability

To the fullest extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising from your use of or inability to use the Service.

The Provider's total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by you to the Provider in the twelve months preceding the claim; where the Service is used free of charge, this amount is zero.

The above limitations of liability do not apply in cases of intent or gross negligence, for injury to life, body or health, for claims under the German Product Liability Act, or for the breach of essential contractual obligations (cardinal obligations); in these cases the Provider is liable in accordance with statutory provisions.

10. Changes to the Terms and the Service

The Provider may amend these Terms or change the Service where there is a valid reason (e.g. changes in the law, security requirements, or the further development of the Service). We will notify you of significant changes in text form (e.g. by email) at least 30 days before they take effect, pointing out the consequence below.

If you do not agree to a change, you may object before it takes effect; in that case you may terminate the paid subscription with effect from the end of the current billing period, and the change does not apply to you for the remaining term. Continued use of the paid Service after a non-material adjustment takes effect, following such advance notice, is regarded as agreement to that adjustment; material changes and price changes require your active consent (Section 3). Your statutory rights remain unaffected.

If the Provider discontinues the paid Service, the Provider will give reasonable advance notice and refund any amount already paid for the unused remainder of the current period.

11. Data Protection

The processing of personal data in connection with the Service is governed by our Privacy Policy, which forms part of these Terms by reference.

Where you operate your own self-hosted installation, you are the controller (Art. 4 No. 7 GDPR) for the personal data processed in it; the Provider has no access to that data and does not act as your processor. For optional services hosted by the Provider, the Provider will conclude a data processing agreement (Art. 28 GDPR) where required.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

For users who are consumers within the EU, mandatory consumer protection provisions of the country in which the consumer resides remain unaffected.

13. Contact

For questions regarding these Terms, please contact:

Steffen Fahrenbach
E-Mail: [email protected]