Garmingo General Terms of Service

Version: 2.0
Last Updated: April 29, 2026

Table of Contents

1. Provider Information and Scope
2. Definitions
3. Services
4. Account Registration
5. Subscription Plans, Pricing, and Payment
6. Right of Withdrawal (Consumer Contracts)
7. Termination and Cancellation
8. Acceptable Use and Prohibited Conduct
9. Intellectual Property Rights
10. User Content
11. Third-Party Services and Links
12. Data Protection and Privacy
13. Service Availability and Support
14. Limitation of Liability
15. Indemnification
16. Changes to These Terms
17. Governing Law
18. Dispute Resolution
19. Miscellaneous
20. Contact Information

1. Provider Information and Scope

1.1 Provider

These General Terms of Service ("Terms") are provided by:

Garmingo Unternehmergesellschaft (haftungsbeschränkt)
Trading name: Garmingo
Hörder Straße 324
58454 Witten
Germany

General support: support@garmingo.com
Management: management@garmingo.com
Sales: sales@garmingo.com
Abuse reports: abuse@garmingo.com

(hereinafter "Garmingo", "we", "us", "our")

1.2 Scope

These Terms apply to all services, software products, websites, APIs, and other offerings made available by Garmingo (collectively, the "Services"), including but not limited to:

• The Garmingo website at https://garmingo.com and associated subdomains;
• Garmingo Status — a SaaS-based uptime monitoring service;
• Garmingo Voice — an AI-powered desktop application for speech enhancement, dictation, and meeting transcription;
• Any future products or services provided by Garmingo that reference or link to these Terms.

Individual products may be subject to additional product-specific terms ("Product Terms") that supplement these General Terms. In the event of a conflict between these General Terms and any applicable Product Terms, the Product Terms shall prevail with respect to the relevant product.

1.3 Agreement

By registering for an Account, accessing, or using any of our Services, you ("User", "you", "your") confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable Product Terms.

If you do not agree with these Terms, you must not access or use our Services.

If you are accessing the Services on behalf of a legal entity (e.g., a company or organization), you represent and warrant that you are duly authorized to bind that entity to these Terms. In such a case, references to "you" shall include both the individual and the entity you represent.

1.4 Eligibility

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old. Persons under the age of 18 are not permitted to register for or use the Services.

2. Definitions

• "Account" means a registered user account created on Garmingo's platform.
• "Business Customer" means a natural person, legal entity, or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity at the time of concluding the contract, within the meaning of § 14 of the German Civil Code (*Bürgerliches Gesetzbuch*, "BGB").
• "Consumer" means a natural person who concludes a legal transaction for purposes that are wholly or mainly outside their trade, business, craft, or profession, within the meaning of § 13 BGB.
• "Content" means any data, text, files, images, audio, or other materials uploaded, submitted, or transmitted by a User through the Services.
• "Feedback" means any suggestions, ideas, improvement requests, or other input regarding the Services provided voluntarily by a User.
• "Product Terms" means product-specific terms and conditions that supplement these General Terms for a particular Service.
• "Services" means all products, applications, software, websites, APIs, and related services offered by Garmingo.
• "Subscription" means a recurring or time-limited paid access plan for a Service.
• "Terms" means these General Terms of Service, including any amendments and incorporated documents.
• "User Content" has the meaning set out in Section 10.1.

3. Services

3.1 Nature of Services

Garmingo develops and provides software-as-a-service (SaaS) solutions and desktop software applications. The specific features, functionality, and technical specifications of each Service are described on the respective product pages on our website and in the applicable Product Terms.

3.2 Changes to Services

We reserve the right to modify, update, add to, or discontinue any part of the Services at any time. We will provide reasonable advance notice of material changes where practicable. For active paid subscribers, we will provide at least 30 days' written notice before permanently discontinuing a Service. We bear no liability for modifications, suspensions, or discontinuations of features or services provided free of charge.

3.3 Beta Features

We may make certain features available on a beta or preview basis. Beta features are provided "as is" without any warranties and may be modified or discontinued at any time without notice. Availability of a beta feature does not constitute a commitment to include it in any paid plan.

4. Account Registration

4.1 Registration Requirement

Access to most Services requires you to create an Account. You agree to provide accurate, complete, and current information at the time of registration and to keep your Account information up to date at all times.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at support@garmingo.com if you become aware of or suspect any unauthorized access to or use of your Account. Garmingo is not liable for any loss or damage arising from your failure to comply with these obligations.

4.3 One Account per User

Unless otherwise permitted in writing by Garmingo, each user may maintain only one Account per email address. You may not create multiple accounts to circumvent usage limits, bans, or other policies.

4.4 Account Suspension

We reserve the right to suspend or terminate Accounts where we have reasonable grounds to believe that the Account is being used fraudulently, in violation of these Terms, or in a manner that is harmful to Garmingo, other users, or third parties.

5. Subscription Plans, Pricing, and Payment

5.1 Plans

Garmingo offers various subscription and licensing models, which may include:

• Free Tier: Ongoing, free-of-charge access with limited features, available without payment;
• Free Trial: Time-limited access to a paid plan at no charge, as specified per product;
• Monthly Subscription: Recurring billing on a monthly basis;
• Annual Subscription: Recurring billing on an annual basis, typically offered at a discounted rate compared to monthly billing;
• One-Time Purchase: A perpetual or lifetime license for a specific product, payable as a single payment.

The specific plans, included features, and applicable pricing for each product are described on the respective product pages at https://garmingo.com and may be updated from time to time in accordance with Section 16.

5.2 Free Trial

Where a free trial is offered, it is available to new users only, for the duration stated at the time of sign-up.

Automatic conversion to a paid subscription: Unless you cancel before the end of the free trial period, your account will automatically convert to the applicable paid subscription plan at the end of the trial, and your designated payment method will be charged accordingly. You will be notified of the upcoming conversion and the applicable pricing at the start of your trial. To avoid being charged, you must cancel your trial before the trial period expires via your account settings or by contacting support@garmingo.com.

We reserve the right to modify or discontinue free trial offers at any time.

5.3 Payment Processing

All payments are processed by Polar.sh (operated by Polar Software, Inc.), our third-party payment service provider. By making a purchase through our Services, you agree to Polar.sh's applicable terms of service and privacy policy. Garmingo does not directly store or process full payment card details; such data is handled exclusively by Polar.sh.

5.4 Billing and Automatic Renewal

• Monthly and annual subscriptions renew automatically at the end of each billing period unless cancelled in accordance with Section 7 prior to the renewal date.
• By purchasing a subscription, you authorize Garmingo (via Polar.sh) to charge your designated payment method for the applicable fees at each renewal.
• We will notify you of any changes to subscription pricing at least 30 days before such changes take effect for your Account. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

5.5 Prices and Taxes

Prices displayed on our website are in Euros (EUR) unless otherwise indicated, and are exclusive of applicable value-added tax (VAT / *Mehrwertsteuer*) unless expressly stated otherwise. VAT will be calculated and added at checkout in accordance with applicable law. You are solely responsible for any other taxes, levies, or duties applicable in your jurisdiction.

5.6 Invoicing

Invoices or payment receipts are generated electronically and made available in your account dashboard or sent to the email address associated with your Account.

5.7 Failed Payments

If a payment attempt fails, we may restrict or suspend your access to the relevant paid Service until payment is successfully collected. We will notify you of a failed payment and provide a reasonable opportunity to update your payment information. Continued failure to pay may result in cancellation of your subscription.

5.8 No Refunds

Subject to Section 6 (Right of Withdrawal for Consumer Contracts) and any mandatory statutory rights that cannot be excluded by contract, all payments are non-refundable. If you cancel a subscription, you will retain access to the paid features until the end of the current billing period, after which your account will revert to a free tier (if available) or be deactivated. No partial refunds are issued for unused portions of a billing period.

Exceptions may be considered at our sole discretion in cases of documented, reproducible service failures that are directly attributable to Garmingo and not adequately resolved within a reasonable timeframe. To submit such a request, please contact support@garmingo.com.

6. Right of Withdrawal (Consumer Contracts)

6.1 Applicability

This Section 6 applies exclusively to Consumers (as defined in Section 2) who conclude contracts with Garmingo via distance communication (i.e., through our website or app), within the meaning of § 312c BGB.

Business Customers do not have a statutory right of withdrawal and this Section does not apply to them.

6.2 Statutory Right of Withdrawal

Subject to Section 6.3, Consumers have a statutory right to withdraw from a contract concluded at a distance within 14 days of the date of conclusion of the contract, without giving any reason, pursuant to §§ 312g, 355 BGB.

6.3 Waiver of Right of Withdrawal for Immediately Commencing Digital Services

Pursuant to § 356 Abs. 5 BGB, the right of withdrawal expires before the end of the 14-day withdrawal period for contracts for the provision of digital content not on a physical medium or for the provision of digital services, provided that:

1. Garmingo has commenced performance of the contract; and
2. The Consumer has expressly consented to performance beginning before the end of the withdrawal period; and
3. The Consumer has acknowledged that the right of withdrawal will be lost once performance has commenced.

Accordingly, at the point of purchasing any paid subscription or paid digital service that begins immediately, Garmingo will present a clear and unambiguous notice at checkout requesting the Consumer's active and express consent to:

• Immediate commencement of the contractual service; and
• Acknowledgment that by granting such consent, the right of withdrawal is forfeited upon commencement of performance.

Where the Consumer expressly grants such consent (e.g., by ticking a corresponding checkbox at checkout), the right of withdrawal is waived with effect from the moment the Service commences.

For purchases where no such immediate performance occurs (e.g., certain one-time license deliveries where performance has not yet begun), the standard 14-day right of withdrawal applies.

6.4 Exercising the Right of Withdrawal (Where Applicable)

To exercise the right of withdrawal in cases where it has not been waived under Section 6.3, you must inform us of your decision by means of a clear, unambiguous statement (e.g., by email) within 14 days of the date of conclusion of the contract. The withdrawal period begins on the day the contract is concluded.

Please send your withdrawal declaration to:

Garmingo Unternehmergesellschaft (haftungsbeschränkt)
Hörder Straße 324, 58454 Witten, Germany
Email: support@garmingo.com

You may (but are not required to) use the following sample withdrawal form:

> Sample Withdrawal Form
>
> To: Garmingo Unternehmergesellschaft (haftungsbeschränkt), Hörder Straße 324, 58454 Witten, Germany / support@garmingo.com
>
> I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service: ___________
>
> Ordered on: ___________
> Name of consumer(s): ___________
> Address of consumer(s): ___________
> Signature (only for paper submissions): ___________
> Date: ___________

6.5 Consequences of Withdrawal

If you validly exercise the right of withdrawal, Garmingo will reimburse all payments received from you without undue delay and no later than 14 days after the date on which we receive notice of your withdrawal. Reimbursement will be made using the same payment method used for the original transaction, unless expressly agreed otherwise. No fee will be charged for the reimbursement.

If partial performance of the Service occurred prior to the withdrawal (and prior to the consumer waiving the withdrawal right under 6.3), you may owe proportional compensation for the value of services rendered up to the point of withdrawal, calculated on the basis of the total contract price.

7. Termination and Cancellation

7.1 Cancellation by User

You may cancel your paid subscription at any time through your account settings or by contacting support@garmingo.com. Upon cancellation:

• Your subscription will remain active and accessible until the end of the current billing period;
• You will not be charged for any subsequent billing period;
• No refund is provided for the remaining unused portion of the current billing period, subject to any mandatory statutory rights.

For annual subscriptions, cancellation before the end of the annual term results in continued access until the end of that annual term, after which the subscription will not renew.

7.2 Account Deletion

You may request full deletion of your Account at any time by contacting support@garmingo.com. Following account deletion, your personal data will be processed and deleted in accordance with our Privacy Policy and applicable data retention obligations.

We recommend exporting any data you wish to retain before requesting account deletion, as data recovery after deletion may not be possible.

7.3 Termination by Garmingo for Cause

We may suspend or terminate your Account and access to the Services immediately and without prior notice if:

• You materially or repeatedly breach these Terms;
• You engage in fraudulent, abusive, or illegal conduct in connection with the Services;
• You use the Services in a manner that endangers the security, integrity, or availability of the Services or that harms other users or third parties;
• We are required to do so by applicable law, a regulatory authority, or a court order.

In the event of termination for cause, no refund of prepaid fees will be issued.

7.4 Termination by Garmingo Without Cause

We may terminate free-tier accounts or discontinue a Service upon reasonable prior notice. For active paid subscribers, we will provide at least 30 days' written notice of termination without cause and refund any prepaid fees attributable to the period following the effective date of termination on a pro-rata basis.

7.5 Effect of Termination

Upon termination or expiration of your Account or subscription:

• Your right to access the relevant Services ceases;
• Any licenses granted under these Terms terminate immediately;
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law provisions) shall survive.

8. Acceptable Use and Prohibited Conduct

8.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. The Services are intended for your personal use or internal business use. Any use of the Services for the benefit of third parties requires our prior written consent, unless explicitly permitted in your applicable plan.

8.2 Prohibited Conduct

You agree not to use the Services to:

(a) Violate any applicable law, regulation, or binding order of a governmental or regulatory authority;

(b) Infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or other rights of any third party;

(c) Upload, transmit, or distribute any content that is unlawful, defamatory, fraudulent, obscene, threatening, harassing, or that incites violence or hatred;

(d) Transmit any malware, viruses, ransomware, spyware, Trojan horses, or any other harmful or disruptive code or files;

(e) Attempt to gain unauthorized access to any part of the Services, other users' accounts, or Garmingo's underlying systems, infrastructure, or networks;

(f) Reverse-engineer, decompile, disassemble, or otherwise attempt to derive or extract source code from the Services, except to the extent expressly permitted under applicable mandatory law (including § 69e UrhG for interoperability purposes);

(g) Use automated tools, bots, scrapers, crawlers, or similar mechanisms to access the Services at a rate or in a manner that exceeds reasonable individual use, or that could impair the Services' performance or availability;

(h) Interfere with or disrupt the integrity, performance, or availability of the Services or any connected system or network;

(i) Use the Services to develop, market, or operate a product or service that is substantially similar to or directly competitive with any Garmingo Service;

(j) Resell, sublicense, rent, lease, or otherwise commercially exploit the Services without our express prior written consent;

(k) Circumvent, disable, or otherwise undermine any access controls, licensing mechanisms, or usage limitations built into the Services;

(l) Provide false, inaccurate, or misleading information in connection with your Account or your use of the Services;

(m) Use the Services to send unsolicited commercial communications (spam) or engage in phishing or other deceptive practices;

(n) Impersonate Garmingo, any Garmingo employee, or any other person or entity.

8.3 Consequences of Violation

Violation of this Section 8 may result in immediate suspension or termination of your Account at our sole discretion and may give rise to civil liability or criminal prosecution under applicable law.

9. Intellectual Property Rights

9.1 Garmingo's Intellectual Property

All intellectual property rights in and to the Services — including but not limited to software, source code, algorithms, user interfaces, design elements, graphics, text, trademarks, logos, trade names, and documentation — are owned by or validly licensed to Garmingo and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of Garmingo's intellectual property to you.

The name "Garmingo" and associated logos and marks are trademarks of Garmingo Unternehmergesellschaft (haftungsbeschränkt). You may not use any Garmingo trademark, trade name, or logo without our express prior written consent.

9.2 License Grant to Users

Subject to your compliance with these Terms and payment of any applicable fees, Garmingo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes during the term of your subscription or license period.

This license does not include any right to:

• Modify, adapt, or create derivative works based on the Services or any Garmingo Content;
• Copy, distribute, sell, sublicense, or otherwise transfer access to the Services;
• Use the Services for any purpose not expressly authorized under these Terms or the applicable Product Terms.

9.3 Open-Source Components

Certain components of the Services may incorporate open-source software that is subject to separate open-source licenses. Nothing in these Terms restricts or limits any rights you may have under such open-source licenses; your rights under applicable open-source licenses are not affected by these Terms.

9.4 Feedback

If you voluntarily provide us with suggestions, ideas, feature requests, bug reports, or other feedback regarding the Services ("Feedback"), you hereby grant Garmingo a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, incorporate, modify, and commercialize such Feedback without any obligation or compensation to you. You waive any moral rights in such Feedback to the fullest extent permitted by applicable law. We are under no obligation to act on any Feedback.

10. User Content

10.1 Ownership

You retain full ownership of any data, files, or other content you upload, submit, or transmit to the Services ("User Content"). These Terms do not transfer ownership of your User Content to Garmingo.

10.2 License to Garmingo

By submitting User Content to the Services, you grant Garmingo a limited, non-exclusive, worldwide, royalty-free license to store, host, process, copy, and transmit your User Content solely to the extent necessary to provide the Services to you and to fulfil our obligations under our contract with you. This license terminates upon deletion of the User Content or termination of your Account, subject to any retention obligations under applicable law.

10.3 Your Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You have all necessary rights, licenses, and permissions to submit the User Content;
• Your User Content does not violate any applicable law, regulation, or third-party rights (including intellectual property rights, privacy rights, or data protection law);
• Where your User Content includes personal data of third parties, you have a valid legal basis under applicable data protection law for processing and transferring such data.

10.4 Garmingo's Right to Remove Content

We do not systematically monitor User Content. However, we reserve the right — but not the obligation — to remove or disable access to User Content at any time without notice if we determine or are notified that such content violates these Terms, any applicable law, or third-party rights.

11. Third-Party Services and Links

11.1 Third-Party Providers

Our Services may integrate with, depend upon, or link to third-party services and providers, including:

• Polar.sh (payment processing)
• Mistral AI (AI model infrastructure, used in Garmingo Voice)
• Cloud hosting and infrastructure providers

Garmingo is not responsible for the availability, accuracy, content, security practices, or privacy practices of any third-party service. Our integration with a third-party provider does not constitute an endorsement of that provider.

11.2 Third-Party Terms

Your use of third-party services is governed by those providers' own terms of service and privacy policies. Garmingo is not a party to those agreements and bears no responsibility for compliance or non-compliance with them by third parties.

11.3 External Links

The Services may contain hyperlinks to external websites or resources. Garmingo has no control over such websites or resources, does not endorse them, and is not responsible for their content, availability, or practices. You access external links at your own risk.

12. Data Protection and Privacy

12.1 Privacy Policy

The collection, processing, storage, and use of personal data in connection with your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available at: https://garmingo.com/privacy

We encourage you to read the Privacy Policy carefully.

12.2 GDPR Compliance

Garmingo processes personal data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (the "GDPR") and other applicable European and German data protection legislation. Garmingo acts as the data controller for personal data collected in connection with your Account and your use of the Services. For certain processing activities carried out on your behalf (e.g., processing User Content you submit), Garmingo may act as a data processor; the applicable terms are set out in our Privacy Policy and, where required, in a separate data processing agreement.

12.3 Data Location

Garmingo stores and processes personal data that we directly control primarily within the European Union. Where personal data is transmitted to or processed by third-party providers (such as AI infrastructure providers), Garmingo seeks to ensure appropriate safeguards are in place in accordance with applicable data protection law, including where such providers have confirmed GDPR compliance. For further details on data transfers and applicable safeguards, please refer to our Privacy Policy.

13. Service Availability and Support

13.1 Availability

Garmingo aims to maintain high availability of its Services but does not guarantee uninterrupted, error-free, or secure operation. Temporary unavailability may result from scheduled maintenance, technical issues, or events beyond our reasonable control. Where practicable, we will provide advance notice of scheduled maintenance.

The specific availability commitments (if any) for paid plans are set out in the applicable Product Terms.

13.2 Support

Technical support is available via email at support@garmingo.com. The scope, availability, and response times for support depend on the user's subscription plan and are detailed in the applicable Product Terms. Support for free-tier plans is provided on a best-efforts basis only, without guaranteed response times or resolution commitments.

13.3 Maintenance

We reserve the right to take the Services (or any part thereof) offline for scheduled or emergency maintenance at any time. We will endeavor to carry out maintenance during off-peak hours and with minimal disruption to users.

14. Limitation of Liability

14.1 General

The following limitations of liability apply to the fullest extent permitted by applicable mandatory law. Statutory rights of Consumers, in particular under German consumer protection law, are not affected.

14.2 Unlimited Liability

Garmingo's liability is unlimited in respect of damages arising from:

(a) Intentional misconduct (*Vorsatz*) or gross negligence (*grobe Fahrlässigkeit*) by Garmingo, its legal representatives, or vicarious agents;

(b) Injury to life, body, or health caused by any negligent or intentional breach of duty by Garmingo, its legal representatives, or vicarious agents;

(c) Fraudulent concealment of a defect;

(d) A guarantee (*Garantie*) expressly assumed by Garmingo;

(e) Mandatory statutory liability, including liability under the German Product Liability Act (*Produkthaftungsgesetz*).

14.3 Liability for Slight Negligence Regarding Material Obligations

For damages caused by the slightly negligent (*leicht fahrlässig*) breach of a material contractual obligation (*Kardinalpflicht*) — meaning an obligation whose fulfilment is essential to the proper performance of the contract and on the observance of which the User may regularly rely — Garmingo's liability is limited to damages that are foreseeable and typical for contracts of this type (*vorhersehbarer, vertragstypischer Schaden*) at the time the contract was concluded.

In all cases covered by this Section 14.3, Garmingo's aggregate liability for all claims arising out of or in connection with these Terms within any rolling 12-month period shall not exceed the total fees paid by you to Garmingo during the 12 months preceding the event giving rise to the claim, or EUR 100, whichever is greater.

14.4 Exclusion for Slight Negligence (Non-Material Obligations)

To the extent permitted by applicable law, Garmingo excludes all liability for damages caused by the slightly negligent breach of non-material contractual obligations, including in particular liability for:

• Loss of profits or revenue;
• Loss of business or contracts;
• Pure economic loss not arising from physical damage;
• Indirect, incidental, consequential, or special damages;
• Loss of data, where Garmingo has fulfilled its reasonable data security obligations.

14.5 Third Parties

Garmingo is not liable for any damages, losses, or expenses arising from the unavailability, malfunction, or practices of any third-party service (including payment processors, AI infrastructure providers, or cloud hosting providers).

14.6 Force Majeure

Garmingo is not liable for any failure or delay in performance resulting from events outside our reasonable control, including but not limited to acts of God, natural disasters, war, strikes, internet or infrastructure outages, or governmental measures.

14.7 Consumer Rights

Nothing in this Section 14 limits or excludes any right or remedy available to a Consumer under mandatory statutory law that cannot be excluded or limited by contract.

15. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Garmingo, its shareholders, directors, officers, employees, and agents from and against any and all third-party claims, demands, proceedings, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

(a) Your use of the Services in breach of these Terms or applicable law;

(b) Your User Content (including any claim that your User Content infringes a third party's rights);

(c) Your violation of any applicable law or the rights of any third party.

This indemnification obligation does not apply to Consumers to the extent it would conflict with mandatory statutory consumer protection provisions under applicable law.

16. Changes to These Terms

16.1 Right to Amend

Garmingo reserves the right to update or amend these Terms at any time. We will provide notice of material changes by:

• Sending an email to the address registered with your Account; and/or
• Publishing a prominently visible notice on our website or within the Services.

16.2 Notice Period

Changes to these Terms take effect no earlier than 30 days after the date of notification for active paid subscribers, unless an earlier effective date is required by law.

16.3 Acceptance of Changes

For existing users, continued use of the Services after the effective date of an amendment constitutes acceptance of the revised Terms. If you do not agree with a proposed amendment, you are entitled to cancel your subscription before the effective date without penalty; the Terms in effect at the time of cancellation will continue to govern until termination takes effect.

For new users, the Terms in effect at the time of registration apply.

16.4 Consumer Protection

Any amendment to these Terms that would materially disadvantage Consumers beyond what is customarily expected under contracts of this type requires the Consumer's express prior consent. This provision does not limit our right to make minor, non-material updates without individual consent.

17. Governing Law

These Terms and any disputes, claims, or obligations arising out of or in connection with them (including non-contractual disputes or claims) are governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of German private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For Consumers: If you are habitually resident in a Member State of the European Union other than Germany, the mandatory consumer protection provisions of your country of residence remain applicable in your favour in addition to the above choice of law, in accordance with Art. 6 of the Rome I Regulation (EC) No 593/2008. The choice of German law shall not have the effect of depriving you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of habitual residence.

18. Dispute Resolution

18.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services, we encourage you to first contact us at support@garmingo.com so that we may attempt to resolve the matter informally and promptly.

18.2 Jurisdiction

For disputes with Business Customers, the exclusive place of jurisdiction shall be Witten, Germany (or the court having local jurisdiction over Witten), to the extent permissible under applicable law.

For disputes with Consumers, the place of jurisdiction shall be determined by applicable law. Consumers may bring proceedings either before the competent courts of Germany or before the courts of their country of habitual residence within the European Union.

18.3 EU Online Dispute Resolution

Pursuant to Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform (the "ODR Platform") for the out-of-court resolution of disputes relating to online contracts between consumers and traders established in the EU. The ODR Platform is accessible at:

[https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/)

Garmingo's email address for ODR purposes is: support@garmingo.com

Notice pursuant to § 36 VSBG (Verbraucherstreitbeilegungsgesetz): Garmingo is not obligated to participate in dispute resolution proceedings before a consumer arbitration board (*Verbraucherschlichtungsstelle*). We do not voluntarily submit to any such procedure and are not bound by any decisions of such bodies.

19. Miscellaneous

19.1 Severability

If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The Parties agree to replace any invalid or severed provision with a valid provision that most closely reflects the economic purpose of the original provision.

19.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Product Terms, constitute the entire agreement between you and Garmingo with respect to the Services and supersede all prior agreements, negotiations, representations, and communications (whether written or oral) relating to the same subject matter.

19.3 No Waiver

No failure or delay by Garmingo in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any breach does not constitute a waiver of any subsequent or other breach.

19.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without the prior written consent of Garmingo. Garmingo may assign its rights and obligations under these Terms to an affiliated entity or to a successor entity in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its assets, upon providing you with reasonable prior notice. Any such assignment does not affect your rights under these Terms.

19.5 Language

These Terms are provided in the English language. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail for interpretive purposes. Notwithstanding the foregoing, the substantive rights and obligations of the parties are governed by German law as specified in Section 17.

19.6 Independent Contractors

The relationship between you and Garmingo is that of independent contracting parties. Nothing in these Terms creates or implies any agency, partnership, joint venture, employment, or franchise relationship between the parties.

20. Contact Information

For questions, notices, or complaints regarding these Terms or our Services, please contact:

Garmingo Unternehmergesellschaft (haftungsbeschränkt)
Hörder Straße 324
58454 Witten
Germany

*These General Terms of Service constitute the Allgemeine Geschäftsbedingungen (AGB) of Garmingo Unternehmergesellschaft (haftungsbeschränkt). They have been drafted with the aim of complying with applicable German and European Union law, including the Bürgerliches Gesetzbuch (BGB), the GDPR (Datenschutz-Grundverordnung / DSGVO), the Verbraucherschlichtungsgesetz (VSBG), and applicable distance selling and consumer protection regulations.*

*These Terms do not constitute legal advice. Garmingo recommends that these Terms be reviewed by a qualified German attorney prior to publication.*