General Terms and Conditions

§ 1 Scope and Subject Matter

(1) These Terms of Use (hereinafter “Studio Terms”) govern all contractual relationships between

and commercial users who register on the Platform as a studio, provider or service operator (hereinafter “Studio”).

(2) Bookicorn operates a booking and management platform for fitness, wellness, sports and comparable service providers under the domains app.bookicorn.net and www.bookicorn.net. The Platform enables Studios to manage courses, bookings, trainers, customers, payments and invoices.

(3) Bookicorn acts exclusively as a technical intermediary. Contracts for course services are concluded exclusively between the Studio and its end customers. Bookicorn does not become a party to these service contracts.

(4) These Studio Terms apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Studio shall not become part of the contract unless Bookicorn expressly agrees to their applicability in writing.

§ 2 Registration and Studio Account

2.1 Registration

(1) Use of the Platform as a Studio requires prior registration. Registration is permitted exclusively to natural persons who have reached the age of 18 and are acting on behalf of a commercial or freelance business.

(2) Complete and truthful information must be provided upon registration, including in particular the company name, address, contact details and tax information. The Studio undertakes to keep this information up to date at all times.

(3) Bookicorn reserves the right to decline registration without stating reasons.

2.2 Stripe Connect

(1) To use the payment processing functionality, the Studio must set up a Stripe Connect account. In doing so, the Studio concludes a separate agreement with Stripe Payments Europe, Ltd. and accepts their terms of use.

(2) The Studio is solely responsible for completing the Stripe onboarding process in full (identity verification, bank account details, tax information). Without a completed onboarding, no payments can be received.

2.3 Account Security

The Studio is obliged to keep its access credentials confidential and to protect them from access by third parties. The Studio is liable for all activities carried out under its account to the extent it is responsible for such activities.

§ 3 Description of Services

(1) Bookicorn provides the Studio with the following features:

• Course Management: Creation, editing and administration of course offerings, schedules and capacities
• Booking System: Online booking by end customers with automatic or manual confirmation, waiting list functionality
• Customer Management: Customer profiles, booking history, contact information
• Flexible Payment System: Management of credit packages (e.g. credits, tokens), subscriptions and direct payments, which the Studio creates and configures for its end customers
• Payment Processing: Integration with Stripe for credit card, SEPA direct debit and further payment methods as well as bank transfer
• Invoice System: Automatic invoice generation with ZUGFeRD support, small business scheme, configurable invoice issuers
• Trainer Management: Trainer administration with permission system, payout processing for self-employed trainers
• Voucher System: Creation and management of voucher codes and discount campaigns
• Communications: Email notifications, chat system, push notifications
• Marketplace Listing: Public presentation of the Studio on www.bookicorn.net with course offerings, reviews and trainer information
• Embeddable Widgets: Booking widgets for integration into the Studio's own website
• Dashboard & Statistics: Revenue overviews, booking statistics, capacity analyses

(2) The specific scope of functionality is determined by the pricing plan selected by the Studio (see § 4). In addition to the selected plan, included and chargeable add-on features (Add-ons) may be available. The scope of features included in the respective plan and optional Add-ons is set out in the current plan overview on the website.

(3) Bookicorn offers different support levels depending on the selected plan. The scope of support, response times and availability are determined exclusively by the current service description or plan overview. There is no legal entitlement to specific response times unless expressly agreed in writing.

(4) Bookicorn reserves the right to develop, modify, or discontinue features as required for platform operations. Material restrictions to the contractually agreed feature set will be communicated to studio operators in advance.

(5) Features marked as Beta are provided without a Service Level Agreement (SLA). Bookicorn provides no guarantee of availability or error-free operation.

§ 4 Plans, Transaction Limits and API Access

(1) Bookicorn offers various plans that differ in terms of feature scope, transaction limits, available payment methods, Add-ons and payout frequency. The currently available plans and their terms are set out in the pricing overview on the website.

(2) Each plan may include a monthly transaction limit. The transaction limit depends on the plan and serves to ensure platform stability and risk management. Upon reaching the limit, no further bookings can be accepted via the Platform until an upgrade to a higher plan is completed or the next billing period commences. The Studio will be notified by email upon reaching 75%, 90% and 100% of the limit.

(3) API access may be available depending on the selected plan. Use of the API is subject to the terms of use and rate limits set by Bookicorn. Bookicorn reserves the right to restrict API access in cases of abusive use or exceeding the defined request limits.

(4) Paid plans may be terminated at any time effective at the end of the current billing period. Termination must be effected before the next payment is collected. No refund of plan fees is payable in respect of non-use of the software during an ongoing billing period.

§ 5 Rights of Bookicorn

(1) Bookicorn is entitled to temporarily suspend or restrict Studio accounts, or to remove content published on the Platform, where:

• there is a substantiated suspicion of a breach of these Terms or applicable law;
• the use endangers the security or stability of the Platform;
• complaints from end customers or third parties are received that indicate a breach;
• official or judicial orders require this.

(2) Bookicorn will inform the Studio of a suspension or restriction, stating the reasons. The Studio will be given an opportunity to respond via the internal complaints system (see § 20).

(3) Bookicorn is entitled to carry out maintenance work that may lead to temporary limitations of availability. Scheduled maintenance will be announced at least 7 days in advance by email or via the dashboard. In the case of urgently required maintenance (e.g. for security reasons), the advance notice period may not apply.

(4) In the event of exceptionally high server load, Bookicorn is entitled to temporarily restrict individual features in order to ensure the overall stability of the Platform.

§ 6 Obligations of the Studio

(1) The Studio is obliged to:

• keep all information published on the Platform (course descriptions, prices, availability, trainer details) complete, truthful and up to date;
• provide the offered services properly and in compliance with applicable laws;
• maintain its own legally compliant imprint/legal notice;
• independently fulfil the applicable data protection and consumer protection requirements for its services;
• ensure that all required regulatory approvals and insurance are in place;
• guarantee the safety of course participants in the provision of the offered services.

(2) The Studio ensures that it maintains its own legally compliant general terms and conditions and a privacy policy vis-à-vis its end customers, to the extent required by law.

§ 7 Prohibited Uses

The Studio is prohibited from:

• using the Platform to send spam or unsolicited messages;
• publishing unlawful, misleading, defamatory or discriminatory content;
• using the Platform for purposes that violate applicable law;
• conducting automated data queries (scraping, crawling, data mining) unless via the provided API with valid access;
• impersonating another person or company;
• manipulating, overloading or circumventing the security measures of the Platform or its infrastructure;
• distributing malware (viruses, trojans, etc.) via the Platform;
• using the Platform in a manner that impairs other users in their use;
• collecting or using account data of other users without their express consent.

§ 8 Booking System and Intermediary Role

(1) Bookicorn provides the technical infrastructure for the booking of courses and services. The contract for a course booking is concluded exclusively between the Studio and the end customer. Bookicorn is not a party to this contractual relationship.

(2) The presentation of course offerings on the Platform constitutes an offer by the Studio to potential end customers. By making a booking, the end customer accepts this offer. The contract is concluded:

• in the case of automatic confirmation: upon receipt of the booking confirmation;
• in the case of manual confirmation: upon receipt of confirmation from the Studio.

(3) The Studio is solely responsible for determining its cancellation policy. The cancellation deadlines set on the Platform are to be established by the Studio and are displayed to the end customer at the time of booking.

(4) In the event of a course cancellation by the Studio, any credits used are automatically refunded to the end customer. The Studio will be notified of the cancellation and the refund.

§ 9 Flexible Payment System

(1) The Studio may configure various payment models for its end customers via the Platform, including credit packages (e.g. credits, tokens – the designation may be freely chosen by the Studio), subscriptions and direct payments for individual courses. The purchase agreement is concluded between the Studio and the end customer. Payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. on behalf and in the name of the respective Studio. Bookicorn does not become the payee.

(2) The Studio independently determines the terms of its credit packages, including:

• Price and number of included units;
• Validity period (from date of purchase, from first use or without expiry);
• Course categories for which the credits may be used;
• Transferability to other users;
• Automatic renewal (credit subscriptions).

(3) When credits are redeemed, the FIFO principle (First In, First Out) applies: credits expiring soonest are used first.

(4) The Studio may create voucher codes that grant end customers a discount (percentage or fixed amount) or additional credits. The Studio is solely responsible for the correct configuration and the tax treatment of vouchers.

(5) A cash payout of unused credits by the Studio to end customers is not provided for via the Platform. However, the Studio may enter into its own refund arrangements with its end customers.

§ 10 Payment Processing and Fees

10.1 Payment Processing

(1) Payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (hereinafter “Stripe”). Payments from end customers are made to the Studio via Stripe Connect. Bookicorn is not a payment service provider within the meaning of applicable payment services legislation and is neither a seller nor a service provider vis-à-vis end customers. Bookicorn does not issue invoices to end customers in its own name.

(2) Available payment methods (depending on plan): credit card, SEPA direct debit, and further Stripe-supported methods. Additionally, the Studio may activate bank transfer as a payment method.

(3) Surcharging on payments due to the chosen payment method is not permitted.

(4) The fees of the payment service provider Stripe are charged to the Studio in accordance with the applicable Stripe pricing and are deducted from the payout amount. Bookicorn has no influence on the level of Stripe fees.

(5) Payments from end customers for courses and services are processed in the name and on behalf of the studio operator via Stripe Connect. Bookicorn is not the payment recipient and accepts no liability for service delivery by the studio.

10.2 Platform Commission

(1) Bookicorn may charge a platform commission on booking revenues. The level of the commission is agreed individually with the Studio and recorded in the Studio account. Unless a separate agreement is reached, the commission rate is 0%.

(2) The commission is automatically deducted during payment processing. The Studio receives the revenue less the platform commission and the Stripe transaction fees.

10.3 Payment Splits and Trainer Payouts

(1) Where self-employed trainers are involved, an automatic three-way payment split applies: platform commission (if agreed), trainer share (configurable per trainer) and Studio share (remaining amount). Trainers may be included directly in the payment flow via their own Stripe Connect account.

(2) For employed trainers, no automatic split is applied. The Studio receives the total revenue less the platform commission and Stripe fees and is solely responsible for the trainer's remuneration.

10.4 Payouts and Stripe Fees

(1) The payout frequency is determined by the selected plan (monthly, weekly or daily).

(2) Stripe transaction fees are deducted from the Studio's payout amount. The currently applicable Stripe fees are set out in the Stripe pricing overview.

10.5 Plan Fees and Default in Payment

(1) For paid plans, the plan fee is due monthly in advance. Payment is processed via the payment method stored with Stripe.

(2) Plan fees already paid will not be refunded, including in the event of early termination within a billing period.

(3) In the event of default in payment by the Studio, Bookicorn is entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate. Bookicorn further reserves the right to restrict access to the Platform until all outstanding amounts have been settled.

10.6 Cancellations and Chargebacks

(1) In the event of cancellations by end customers, the Studio may incur cancellation fees from the payment service provider depending on the payment method. Stripe fees already incurred will not be refunded upon a refund being processed.

(2) In the event of abusive chargebacks by end customers, the Studio bears the resulting costs and fees of the payment service provider, provided the Studio does not dispute the underlying service contract.

§ 11 Invoice System

(1) Bookicorn provides the Studio with an integrated invoice system that enables the creation of invoices for end customers. The Studio may configure invoice issuers with their own company details, tax numbers and bank account information.

(2) Invoices may be created in ZUGFeRD format (PDF with embedded XML file).

(3) The Studio is solely responsible for the accuracy of invoice details and compliance with applicable tax regulations. Bookicorn does not provide tax or accounting advice.

§ 12 Trainer Management

(1) The Studio may add trainers to the Platform and assign them various permission levels (read, edit and administrative rights).

(2) For self-employed trainers, the Studio may configure a revenue share that is automatically paid out to the trainer via Stripe Connect. This requires the trainer to set up their own Stripe Connect account.

(3) The contractual relationship between the Studio and the trainer (employment contract, fee agreement, etc.) is exclusively a matter for the parties involved. Bookicorn is not a party to that relationship and assumes no obligations as employer or client.

(4) The Studio is solely responsible for the correct classification of its trainers for social security and tax law purposes (in particular the distinction between bogus self-employment and genuine self-employment).

§ 13 Ranking and Visibility

(1) On the Marketplace (www.bookicorn.net), Studios are ranked and displayed on the basis of the following main parameters:

• Relevance of the course offering to the end customer's search query;
• Ratings and reviews by end customers;
• Activity and currency of the course offering;
• Geographic proximity to the end customer's location (where location data is available).

(2) No best-price clauses apply. Studios are not required to offer their lowest prices on Bookicorn and may offer their services on other channels at different prices.

(3) Paid preferential placement is not currently offered. Should Bookicorn introduce paid placements in the future, these will be clearly labelled as such.

§ 14 Security Obligations

(1) The Studio is obliged to use secure passwords and to change them regularly. The use of two-factor authentication (2FA) is strongly recommended.

(2) Access to the Studio account may only be granted to authorised persons. The Studio is responsible for ensuring that all persons with access maintain the confidentiality of the access credentials.

(3) In the event of suspected unauthorised access to the Studio account, Bookicorn must be notified immediately with all known details (email: hey@bookicorn.net).

§ 15 Data Protection and Data Processing Agreement

(1) Bookicorn processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable data protection legislation. Further details are set out in the Privacy Policy.

(2) To the extent that Bookicorn processes personal data of end customers on behalf of the Studio, the parties will conclude a separate Data Processing Agreement (DPA) in accordance with Art. 28 GDPR, which forms part of this agreement. The DPA may be requested via the Studio account or by email.

(3) Bookicorn engages the following sub-processors in the provision of its services:

• Supabase Inc. (USA/EU) – Database and authentication
• Stripe Payments Europe, Ltd. (Ireland) – Payment processing
• Vercel Inc. (USA) – Hosting and delivery
• All-Inkl.com / Neue Medien Münnich (Germany) – Email dispatch (SMTP)

(4) The Studio will be informed in a timely manner of any changes to sub-processors and will have the right to object in accordance with the provisions of the DPA.

§ 16 Confidentiality

(1) Both parties undertake to keep confidential all confidential information of the other party that comes to their knowledge in the course of the contractual relationship and to use it only for the purposes of performing the contract.

(2) Confidential information includes in particular business data, customer data, technical information, pricing and contractual terms.

(3) This confidentiality obligation does not apply to information that (a) is or becomes publicly known, (b) was already known to the receiving party, (c) is communicated by an authorised third party without any confidentiality obligation, or (d) must be disclosed by virtue of a legal obligation.

§ 17 Term and Termination

17.1 Term

(1) The agreement is concluded for an indefinite period and commences upon completion of registration.

(2) Paid plans renew automatically for successive one-month periods unless terminated in due time.

17.2 Ordinary Termination

(1) Either party may terminate the agreement at any time effective at the end of the current billing period. No minimum contract term applies. Termination must be effected before the next payment is collected.

(2) Termination may be effected via the account settings or by email to hey@bookicorn.net.

(3) No refund of plan fees is payable in respect of non-use of the software during an ongoing billing period.

17.3 Extraordinary Termination

The right to terminate for good cause remains unaffected. Good cause exists in particular in the event of a serious or repeated breach of these Terms, upon the Studio filing for insolvency, or upon failure to remedy a contractual violation within 14 days of receiving a formal notice.

17.4 Inactivity

Bookicorn reserves the right to delete free Studio accounts that have not been used for a period of 12 months (no login, no active booking, no active plan), following prior notification by email with 30 days' notice.

17.5 Consequences of Termination

(1) After termination takes effect, existing bookings will continue to be processed. Outstanding payment claims remain unaffected.

(2) The Studio may export its data within 30 days of termination. The export includes customer data, booking history, invoices and course content in CSV, JSON or PDF format. System logs, internal rating scores and security-relevant data cannot be exported. After the 30-day period, data will be deleted unless statutory retention obligations apply.

(3) The provisions on confidentiality (§ 16), liability (§ 18), indemnification (§ 18.3), intellectual property (§ 19) and outstanding payment obligations survive the termination of the agreement.

(4) Upon request, Bookicorn will provide a data export in CSV, JSON, or PDF format within the notice period. The right to data export exists for 30 days after contract end.

§ 18 Liability and Indemnification

18.1 Liability of Bookicorn

(1) Bookicorn is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on wilful misconduct or gross negligence.

(2) In the event of a breach of material contractual obligations (cardinal obligations), Bookicorn is also liable in cases of ordinary negligence, but limited to the typical, foreseeable damage.

(3) In all other respects, Bookicorn's liability for ordinary negligence is excluded.

(4) Bookicorn is not liable for the availability or functionality of third-party services (in particular Stripe, Supabase, Vercel).

18.2 Liability for Studio Content and Services

(1) Bookicorn accepts no liability for the accuracy, completeness or lawfulness of the content published by the Studio, the quality, safety or execution of the services offered by the Studio, or disputes between the Studio and its end customers or trainers.

(2) Bookicorn does not proactively review content published by the Studio but will take immediate action upon becoming aware of any infringement (notice-and-action in accordance with applicable law).

18.3 Indemnification

The Studio shall indemnify Bookicorn from and against all third-party claims asserted against Bookicorn arising from content published by the Studio, services offered by the Studio, or any breach by the Studio of these Terms or applicable law. The Studio shall bear the reasonable costs of Bookicorn's legal defence.

§ 19 Intellectual Property and Licences

(1) All rights to the Platform (software, design, brands, logos, content) vest in Bookicorn or its licensors. The Studio is granted a simple, non-transferable, non-sublicensable licence to use the Platform for the duration of the agreement.

(2) The Studio grants Bookicorn a simple, worldwide, royalty-free licence to use the content published by the Studio (texts, images, logos) to the extent necessary for the provision of the contractual services, in particular for display on the Marketplace and in widgets.

(3) The Studio warrants that it holds the necessary rights to all published content and that no third-party rights are infringed. This applies in particular to images, trainer photographs, music, videos and other multimedia content published by the Studio on the Platform.

(4) The studio operator warrants that it holds all necessary rights to uploaded images, photos, and other content, or has acquired the usage rights from the rights holders.

(5) Bookicorn is entitled to use the studio's name and logo as a reference unless the studio operator objects in writing.

§ 20 Complaints Management and Mediation

(1) Bookicorn maintains an internal complaints management system through which Studios may submit complaints regarding suspensions, restrictions, removal of content or other measures. Complaints may be submitted by email to hey@bookicorn.net and will be handled free of charge.

(2) Bookicorn will review complaints within a reasonable period and inform the Studio of the outcome.

(3) In the event that a complaint cannot be resolved to the Studio's satisfaction, Bookicorn designates the following mediators for out-of-court dispute resolution in accordance with Art. 12 of Regulation (EU) 2019/1150 (P2B Regulation):

a) Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de
b) Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.

§ 21 Amendments to the Terms of Use

(1) Bookicorn reserves the right to amend these Studio Terms with at least 30 days' advance notice. The amended terms will be sent to the Studio by email to the registered email address.

(2) The amendments shall be deemed accepted if the Studio does not object in writing within the notice period. The amendment notice will specifically draw attention to this legal consequence.

(3) In the event of objection to the amendment, either party has the right to terminate the agreement with immediate effect. The Studio has a special right of termination prior to the amendments taking effect.

§ 22 Final Provisions

22.1 Governing Law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

22.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Saarbrücken, provided the Studio is a merchant, a legal entity under public law or a special fund under public law.

22.3 No Agency or Employment Relationship

This agreement does not create any agency, partnership, joint venture or employment relationship between Bookicorn and the Studio. Neither party is authorised to enter into obligations on behalf of the other.

22.4 Entire Agreement

These Studio Terms together with the Data Processing Agreement (DPA) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior oral or written agreements.

22.5 Force Majeure

Neither party shall be liable for the failure or delay in performance of its contractual obligations to the extent such failure or delay is attributable to force majeure (including in particular natural disasters, pandemics, war, strikes, governmental orders, failure of telecommunications networks or power supply). The affected party must notify the other party immediately of the occurrence and expected duration of the force majeure event.

22.6 Severability

Should any provision of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory rule.

22.7 Written Form

Amendments and supplements to these Terms require text form. This also applies to any waiver of this text form requirement.