General Terms and Conditions

ictt system-consulting
Owner Karl Cziumplik
Eschholzstraße 94, 79115 Freiburg

§1 Scope and Subject Matter

These General Terms and Conditions (hereinafter “Terms”) apply to the use of the cloud-based software “KiDig” (hereinafter “Service”), provided by ictt system-consulting, owner Karl Cziumplik (hereinafter “Provider”).
KiDig is a Software-as-a-Service (SaaS) solution for childcare facilities. The Service includes time tracking, scheduling, staffing requirement calculations, and report generation.
These Terms apply to all contracts between the Provider and the customer (hereinafter “Customer”) regarding the use of the Service. Deviating or supplementary terms of the Customer shall not become part of the contract unless the Provider has expressly agreed to them in writing.

Registration is available at app.kidig-online.de. The Customer provides the required facility details and a valid email address.
Upon registration, the Customer receives a free trial period of 90 days with full functionality. No payment method is required during the trial period.
The trial period ends automatically after 90 days. There is no automatic renewal or conversion into a paid subscription.
Data entered during the trial period is retained after the trial ends and remains available upon subscription.

A paid contract is formed when the Customer subscribes through the application after or during the trial period.
The minimum contract term is one year from the start of the subscription. The contract is automatically renewed for an additional year unless terminated in due time.
The notice period for termination is three months before the end of the respective contract year.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if a party fails to fulfil material contractual obligations despite a written warning and a reasonable grace period.

The Provider makes the Service available to the Customer as a cloud-based web application. The scope of services includes:
- Cloud hosting and operation of the application
- Time tracking with logic aligned to public-sector collective agreements (TVöD)
- Scheduling with group and employee management
- Staffing requirement calculations based on state regulations
- Vacation management with a digital request workflow
- Monthly and annual reports as well as documentation generation
The Provider strives for high availability of the Service but does not guarantee any specific uptime (no SLA).
Planned maintenance will be announced to the Customer with reasonable notice and will be carried out outside regular business hours where possible.
The Provider is entitled to further develop and improve the scope of features, provided that the essential contractual functions are preserved.

Fees are based on the subscription plan in effect at the time the contract is formed. The pricing structure is based on the number of managed employees.
Billing is annual in advance via the payment processor Stripe.
All stated prices are exclusive of applicable statutory value-added tax.
Invoices are due for payment within 14 days of the invoice date.
In the event of payment default, the Provider is entitled to suspend access to the Service after prior notice and a reasonable grace period.

The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
All data is processed and stored exclusively on servers within the European Union.
The Customer retains ownership of their data. The Provider processes customer data solely for contract fulfilment and on behalf of the Customer.
The Customer may request an export of their personal data at any time (Art. 15 GDPR). The application provides a GDPR export function for this purpose.
Upon request by the Customer, personal data will be deleted (Art. 17 GDPR), unless statutory retention obligations apply.
Further details on data processing can be found in the Privacy Policy.

All rights to the KiDig software, including source code, design, documentation, and related materials, remain with the Provider.
The Customer receives a non-exclusive, non-transferable right to use the software for the duration of the contract within the agreed scope.
The Customer is not permitted to modify, decompile, reverse-engineer the software, or grant sublicences.

The Provider's liability is limited to foreseeable damages typical for contracts of this nature.
The Provider is not liable for data loss insofar as the Customer has failed to back up their data using the available export function.
The Provider is not liable for outages or restrictions due to force majeure, including natural disasters, power failures, governmental orders, or failures of third-party providers.
The above limitations of liability do not apply in cases of wilful misconduct, gross negligence, or injury to life, body, or health.

The Provider is entitled to amend these Terms with 30 days' notice in text form (e.g., by email).
Continued use of the Service after the notice period expires constitutes acceptance of the amended Terms.
If the Customer objects to the changes within the notice period, the Customer has the right to terminate the contract effective as of the date the changes take effect.

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from or in connection with this contract is Freiburg im Breisgau, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed agreed that most closely approximates the economic purpose of the invalid provision.
Amendments and supplements to this contract must be made in writing. This also applies to the waiver of this written form requirement.

Last updated: March 2026