Terms of Service

Section 2 Services

  1. Plaans is software for documenting on plans, for example with photos, comments, measurements and PDF reports. The features of each offer are described on plaans.com at the time of the order.
  2. We offer:
    1. Free use of the app with up to two plans.
    2. App subscriptions for Plaans and Plaans Pocket, purchased in the App Store.
    3. Credits as a one-time purchase in the App Store: 1 credit per new plan, 2 credits per imported project. Credits are bound to the device on which they were purchased and work in Plaans and Plaans Pocket. No credits are used while a subscription is active.
    4. Plaans Enterprise: device licences for organisations, managed in the web portal, with units, team members with roles, an activity log and a single invoice with an itemised breakdown.
  3. Project data stays on the device. The app stores plans, photos, voice notes, measurements and projects exclusively on the customer's device. We do not store, back up or transfer this data. For Plaans Enterprise we only store the data needed for the account, licences and billing.
  4. The app works without an internet connection. A connection is required for purchases, the licence check of Plaans Enterprise and the web portal.
  5. We develop Plaans continuously and may change features if the agreed core of the service is preserved and the change is reasonable for the customer. We announce material restrictions in text form at least 6 weeks in advance. The customer may then terminate with effect from the date of the change.
  6. Training, customisation or interfaces are not part of the service unless agreed separately.

Section 3 Conclusion of contract

  1. App Store purchases: The customer buys app subscriptions and credits from Apple. Apple's terms apply to purchase, payment, renewal, cancellation and refunds. These terms additionally apply to the use of Plaans.
  2. Plaans Enterprise: The customer registers their organisation in the web portal. Registration is free of charge and does not create any payment obligation.
  3. The paid contract for Plaans Enterprise is concluded when the customer submits the order in the checkout (Stripe Checkout).
  4. The customer must provide true and complete information when registering and ordering and must inform us of any changes without delay, in particular to the billing address. The customer changes the billing address themselves in the customer portal.

Section 4 Account, users and access

  1. Every Enterprise account has exactly one owner. The owner can invite further people as admins or members and grant them access to units. The customer alone remains our contractual partner. No separate contract arises between invited users and us.
  2. The customer is responsible for all actions taken under their account and by their users. This also applies if an admin or member removes devices and the subscription ends as a result (Section 10 (3)).
  3. Users sign in without a password via a link sent to their email address. The customer ensures that only authorised persons have access to these mailboxes and that sign-in links are not passed on. If misuse is suspected, the customer informs us without delay.
  4. The customer keeps the roles and access rights of their users up to date and removes former employees.

Section 5 Rights of use

  1. For the term of the contract we grant the customer the simple, non-transferable and non-sublicensable right to use Plaans for their own business purposes. For free use, this right may be revoked at any time.
  2. An Enterprise licence applies to exactly one invited device. The customer can remove a device in the web portal at any time and invite another one instead.
  3. The customer may not rent, sell, lend or otherwise make Plaans available to third parties. For the purposes of this paragraph, the customer's employees and persons working for the customer are not third parties.
  4. The customer may not modify, reverse engineer, decompile or disassemble the software unless expressly permitted by law (Sections 69d, 69e of the German Copyright Act).
  5. All rights to Plaans, including the brand, software, texts and graphics, remain with Mikavaa.

Section 6 Customer obligations

  1. Backups: Since project data is stored only on the device, the customer is responsible for backing it up, for example by exporting it or using device backups. The customer backs up their data regularly and at reasonable intervals.
  2. System requirements: The customer provides suitable devices with a supported iOS version and, where required, an internet connection. These are not part of our service.
  3. Lawful use: The customer uses Plaans only within the applicable laws. The customer is responsible for the content they record, in particular for photos of people and compliance with data protection towards third parties.
  4. No interference: The customer refrains from anything that disrupts or endangers the operation of the web portal, such as automated mass requests or attacks.
  5. If the customer culpably breaches these obligations, they shall indemnify us against resulting third-party claims.

Section 7 Prices and payment

  1. The prices stated on plaans.com, in the App Store or in the checkout at the time of the order apply. All prices include statutory VAT.
  2. Plaans Enterprise is charged per device and month in advance, based on the number of invited and connected devices. Volume pricing applies: the tier reached applies to all devices of the account.
  3. If the customer adds a device during a month, we charge it pro rata for the rest of the month. If the customer removes a device, the price decreases from the next billing month. There is no credit for the current month.
  4. Payment for Plaans Enterprise is processed by our payment service provider Stripe. The customer authorises us to collect amounts due via the stored payment method. The customer manages payment methods and the billing address in the customer portal.
  5. If a payment fails, we inform the customer and retry the collection. If payment has not been made 14 days after the due date, the customer is in default without a reminder. The statutory rules on default apply (Section 288 BGB).
  6. The customer may only set off claims that are undisputed or have been finally established by a court. The customer only has a right of retention for claims arising from the same contractual relationship.

Section 8 Invoices and notices

  1. After each payment, the customer receives an invoice by email. It is also available for download in the web portal. We do not send paper invoices.
  2. Each invoice includes a breakdown of licences by unit and is additionally provided as an electronic invoice in XRechnung format. Public-sector clients can store their routing ID (Leitweg-ID) and a purchase order number.
  3. We may send notices relating to the contract in text form to the owner's email address. The customer may also send notices in text form, for example by email to hello@mikavaa.com.
  4. The customer should raise objections to an invoice within 8 weeks of receipt. This does not affect the customer's statutory rights.

Section 9 Price changes

  1. We may change the prices of running Enterprise subscriptions with effect for the future. We announce a change in text form at least 6 weeks before it takes effect.
  2. In the event of an increase, the customer may terminate the contract up to the date it takes effect, with effect from that date. We point this out in the announcement.
  3. Apple sets prices in the App Store according to our specifications. Apple's rules on price changes apply to running app subscriptions.

Section 10 Term and termination

  1. Enterprise subscriptions run for an indefinite period and are billed monthly. There is no minimum term.
  2. The owner can cancel the subscription in the web portal at any time. The cancellation takes effect immediately. Fees already paid for the current month are not refunded.
  3. If the customer removes the last device from their account, the subscription also ends immediately, without a refund. The web portal points this out beforehand.
  4. We may terminate the subscription in text form with 4 weeks' notice to the end of a billing month.
  5. The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer
    1. provided false information when registering, in particular if they act as a consumer,
    2. is more than 30 days in default with a payment and does not pay despite a reminder setting a deadline,
    3. uses Plaans contrary to Section 5 or Section 6 despite a warning.
  6. After the subscription ends, the account remains in place. New devices can only be invited after a new subscription.
  7. The customer cancels app subscriptions via their Apple ID in accordance with Apple's terms.

Section 11 Suspension

  1. We may suspend access to the web portal in whole or in part if there are concrete indications of misuse, if operation or security is at risk, or if the customer is more than 30 days in default with a payment.
  2. We choose the mildest suitable measure, take the customer's interests into account and announce the suspension in advance where reasonable.
  3. We lift the suspension as soon as the reason no longer applies. The obligation to pay remains during a suspension for which the customer is responsible.

Section 12 Data after the end of the contract

  1. Project data is stored on the customer's devices and is not affected by the end of the contract. Existing plans remain usable after an app subscription ends.
  2. The owner can have their account deleted at any time. After a deletion, or 12 months after the last subscription has ended, we delete the account, user and device data in the web portal.
  3. We keep invoices and accounting records for the statutory retention periods and delete them afterwards.
  4. Before deletion, the customer can download their invoices and breakdowns in the web portal.

Section 13 Availability and maintenance

  1. The web portal is used to manage licences and billing. We strive for high availability but do not guarantee any specific availability.
  2. If the web portal is unavailable, the customer can continue to use the app on devices that are already connected.
  3. We may temporarily take the web portal offline for maintenance. We carry out planned maintenance outside normal business hours where possible.
  4. Disruptions outside our sphere of influence, for example at Apple, on the internet or on the customer's devices, are not a failure of our performance.

Section 14 Defects

  1. The customer reports defects in text form without delay after discovering them, with a comprehensible description, and reasonably supports us in finding the fault.
  2. We remedy reported defects within a reasonable period, at our discretion by a fix, an update or a reasonable workaround.
  3. Strict liability for defects that already existed when the contract was concluded (Section 536a (1) alternative 1 BGB) is excluded.
  4. Claims for defects become time-barred after one year. This does not apply in the cases of Section 15 (1).
  5. For free use, we are only liable for defects that we fraudulently concealed.

Section 15 Liability

  1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.
  2. In the case of slight negligence, we are only liable if we breach a material contractual obligation. This is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on which the customer may regularly rely. Our liability is then limited to the foreseeable damage typical for the contract.
  3. For loss of data, we are only liable to the extent that the loss would also have occurred if the customer had backed up their data regularly (Section 6 (1)).
  4. Otherwise, our liability is excluded.
  5. These rules also apply to the personal liability of our employees, representatives and vicarious agents.

Section 16 Force majeure

If a party cannot fulfil its obligations due to events for which it is not responsible and which are beyond its control, the obligation is suspended for the duration of the disruption. Examples include natural disasters, war, pandemics, official orders, widespread power or network outages and outages at Apple or Stripe. If the disruption lasts longer than 8 weeks, either party may terminate.

Section 17 Content and data protection

  1. All rights to the content the customer records with Plaans, such as plans, photos and comments, remain with the customer. We have no access to this content.
  2. We process personal data in accordance with our privacy policy.
  3. For Plaans Enterprise we process users' names and email addresses as well as device names and device IDs in order to manage licences. Insofar as we act on behalf of the customer, we conclude a data processing agreement under Art. 28 GDPR on request.
  4. We use service providers, in particular ALL-INKL.COM for hosting and email and Stripe for payment processing. Details are listed in the privacy policy.

Section 18 Confidentiality

  1. Both parties treat confidential information of the other party received under the contract as confidential and use it only for this contract. Information is confidential if it is marked as such or if its confidentiality follows from the circumstances.
  2. This does not apply to information that is publicly known, that the recipient already lawfully knew or developed independently, or that the recipient must disclose due to legal or official obligations.
  3. This obligation continues for 3 years after the end of the contract.
  4. We only name the customer as a reference with their prior consent.

Section 19 Changes to these terms

  1. We may change these terms for the future if there is an objective reason, such as changes in law, case law or new features. We do not change main services or prices this way; Section 2 (5) and Section 9 apply to those.
  2. We announce changes in text form at least 6 weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted. We point out this consequence in the announcement.
  3. If the customer objects, the previous terms continue to apply. We may then terminate the contract in accordance with Section 10 (4).

Section 20 Final provisions

  1. The customer may only transfer rights and obligations under the contract to third parties with our prior consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.
  2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  3. The place of jurisdiction for all disputes arising from the contract is Leipzig, provided the customer is a merchant, a legal entity under public law or a special fund under public law. We may also sue the customer at their general place of jurisdiction.
  4. Should any provision of these terms be invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.
  5. The German version is authoritative. This English translation is for information only.

Last updated: November 6, 2026