General terms and conditions
of business
​General terms and conditions of Maisonpure GmbH, Bismarckstr 55 41747 Viersen (hereinafter “Provider”)
1. General provisions
1.1 The provider provides its customers with an app in accordance with these General Terms and Conditions.
1.2 The provider does not recognize any general terms and conditions that deviate from these terms and conditions and are used by the customer - subject to express consent.
1.3 If the app is distributed via an app store, the terms and conditions of the respective app store also apply to the purchase of the app.
2. Subject of the contract
2.1 The provider provides the customer with an app. The purpose of the app is to simplify the organization of work and processes on construction sites.
2.2 With the help of the app, architects and construction managers can record notes in their daily tours of the construction sites as well as in building management during the operation of a property, industrial plant or other types of commercial buildings, which are automatically forwarded to subcontractors. In the app, floor plans of the project can also be uploaded as a PDF file, tickets can be set, voice recordings can be made and distributed to the desired subcontractors. The user creates his own contacts and controls his project. In addition, builder data can also be stored in the. The integrated chat function also allows you to communicate with other users. Further details of the app can be found in the functional description.
2.3 The provider provides the services taking into account the respective state of the art. He is constantly developing the app and will improve it with ongoing updates and upgrades. The availability of the app is 98.5% on an annual average including maintenance work, but availability may not be impaired or interrupted for more than two calendar days in a row. This excludes necessary regular maintenance work and those periods in which availability is restricted due to events for which the provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).
3. Registration, conclusion of contract, costs, termination
3.1 Customers can register in the app. Registration results in a free usage contract between the provider and the customer. The contract can be terminated at any time without notice.
3.2 The provider reserves the right to only offer the app or certain functions of the app against payment in the future. If this is the case, the provider will inform the customer of the change at least one month before the planned change in the cost structure and grant the customer the right to object to the change. If the customer objects, the provider has an extraordinary right of termination at the time the change comes into force.
4. Customer Obligations
4.1 The customer is obliged to always keep the data provided when registering up to date and to refrain from violating these General Terms and Conditions and applicable law. The customer must ensure that his account is only used by himself. He must treat his access data and the data he has stored confidentially and ensure that third parties do not have access to his data. If the customer culpably violates this obligation, he is responsible for any resulting damage.
4.2 The customer is obliged to use the app only for its intended purpose and to observe all contractual and legal regulations when using the app. Any use beyond the purpose of the usage relationship is prohibited. In particular, the customer is not entitled to allow a third party to use the app or the storage space provided in part or in full, for a fee or free of charge.
5. Order processing
If the provider processes personal data of message recipients, it acts as the customer's processor within the meaning of Art. 28 GDPR. The order processing relationship is based on the following paragraphs.
6. Support
Application or software problems are handled by the provider as part of support. For the purpose of processing as quickly as possible, support services must be requested via the communication channels provided for this purpose or via the ticket system that may be available. Support requests are generally processed chronologically during regular business hours, in the order in which they are received by the provider.
7. Suspension and blocking of content
7.1 No content may be stored in the app that is offensive, extremist, glorifies or trivializes violence, hate speech, right-wing extremist, discriminatory, unconstitutional, harmful to minors or pornographic, that violates the rights of third parties (e.g. trademark and copyright) or other applicable law or common decency (particularly criminal law and administrative offense law), or contains malicious code or malware contain. If the provider becomes aware that inadmissible content within the meaning of this paragraph could be stored in the storage space provided within the app, it will proceed as follows:
• The provider will immediately check the relevant content cursorily. If the cursory check shows that inadmissible content cannot be excluded, the provider can, at its own discretion, temporarily block it or take other measures appropriate to the risk situation, including deleting the content. The provider will ask the customer to comment and give them a reasonable period of time to do so.
• As soon as the customer's statement is received or if the customer has not submitted a statement within the given period, the provider will make a final decision on how to deal with the affected content. The following measures in particular come into consideration: warning; indefinite blocking or permanent deletion of the content; temporary blocking of the customer (alternatively, a partial blocking can also take place); ordinary or extraordinary termination of the contract; Criminal complaint or report to the public order office (if there is a crime that could pose a risk to life, limb or safety of a person, the provider is legally obliged to report it).
• The provider will only take the respective measure after thorough and objective consideration, taking into account in particular the severity of the violation, the number of total violations, potential effects on the services provided by the provider, its customers and other third parties, the overall behavior (e.g. ability to understand the violation), the culpability (intent, negligence), the motives for the violation (if recognizable) and the customer's admission (if any).
• The provider will inform the customer about the evaluation, its results and the measures decided, provided there are no legal reasons to the contrary.
• The provider will not proactively check the stored content and – unless otherwise stated – will not carry out any automated checks of the stored content. However, he takes action as soon as he himself recognizes such content or is informed of such content by third parties. If the customer becomes aware of such content, he can of course contact the provider at any time; For this purpose he can use the contact details in the legal notice.
8. Warranty for defects
The provider guarantees the functionality and operational readiness of the app in accordance with the provisions of this contract and otherwise in accordance with the statutory warranty regulations for defects.
9. Liability and Indemnification
9.1 If the app is offered to the customer free of charge, the provider is only responsible for intent and gross negligence (§ 521 BGB).
9.2 If the app is purchased for a fee or paid upgrades are purchased within the app (in-app purchases), the following applies
Liability regulation: The provider is fully liable for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability such as under the Product Liability Act. If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. Otherwise, liability on the part of the provider is excluded.
9.3 The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
9.4 The customer indemnifies the provider from any third-party claims - including legal defense costs at the statutory rate - that are asserted against the provider due to illegal or contractual actions by the customer.
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10. Confidentiality, secrecy and data protection
The provider is obliged to process all personal data that it collects as part of the app confidentially and in accordance with data protection regulations. Details can be found in the data protection declaration.
11. Final provisions
11.1 The contracts concluded between the provider and the customer are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 If the customer is a merchant or does not have a general place of jurisdiction in Germany, the parties agree that the provider's registered office is the place of jurisdiction for all disputes arising from this contractual relationship. Sentence 1 does not apply if an exclusive place of jurisdiction is established for the dispute.
11.3 The provider is entitled to change these terms and conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or corporate strategy) and within a reasonable period of time. Existing customers will be notified of this by email no later than two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the change notification, his consent to the change is deemed to have been given. The notification will point out the intended change and the consequences of the objection or lack thereof.
12. Consumer Arbitration
We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the heading of these terms and conditions and our legal notice.
Stand: Januar 2026