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Terms and conditions

The German version is the legally binding one; this translation is provided for convenience.

§ 1 Scope

  1. These terms and conditions apply to the use of the software "Kima – Day-Care Occupancy Planner" ("Kima") and the purchase of license keys from Wi3e Digital UG (haftungsbeschränkt), Friedrich-Ebert-Straße 55, 42103 Wuppertal, Germany ("we").
  2. Kima is intended for day-care centres and their sponsoring bodies. Customers are entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law. We do not offer licenses to consumers within the meaning of § 13 BGB; by ordering, the customer confirms that they are not acting as a consumer.
  3. Deviating terms of the customer do not apply unless we expressly agree to them in writing.

§ 2 Services

  1. Kima is a web application that runs in the customer's browser and is provided at the address we announce (currently app.kima-planer.de). Kima builds the daily staffing and occupancy plan of a centre, shows understaffing per hour and proposes measures.
  2. Kima works "local-first": all data the customer enters is stored exclusively on the customer's device. We do not store, host or back up this data. Data is exchanged between devices only by the customer (export and import of the backup file).
  3. The hints and proposals Kima shows are calculations based on the data and care ratios the customer entered. They replace neither the professional judgement of the management nor the review of the applicable legal requirements (e.g. state law on staffing ratios). The customer remains responsible for the values entered and the decisions taken.
  4. We continue to develop Kima. We reserve the right to change functions as long as the core purpose under paragraph 1 is not impaired.

§ 3 Free trial

  1. Kima can be tried free of charge, with full functionality, for 60 days from first use on the respective device, without registration and without payment details.
  2. The trial does not form a paid contract. After the trial a license key is required to continue planning; data entered remains on the device and can still be viewed and exported.

§ 4 Conclusion of contract when buying a license

  1. License keys are bought on our license server (currently license.kima-planer.de). The presentation of the license there is not a binding offer but an invitation to order.
  2. By completing the order process and paying, the customer makes a binding offer. The contract is concluded when we confirm the payment and send the license key by e-mail to the address given by the customer.
  3. The customer is responsible for the e-mail address being reachable and for keeping the license key safe.

§ 5 Prices and payment

  1. The price shown on the license server at the time of the order applies. All prices are in euro and include the statutory VAT. An introductory price applies only to the first license year; a renewal is charged at the regular price then valid (currently €349 per centre and year).
  2. Payment is made in advance for the whole license year using the payment methods offered by the payment provider (Mollie B.V.). Payment on invoice is possible by prior agreement.
  3. The customer receives an invoice by e-mail.
  4. The sync add-on (§ 10a) currently costs €99 per centre and license year. Booked with the purchase or the renewal of the license, it is charged together with the license in one payment. Booked during a running license year, its price is prorated: yearly price × remaining calendar days of the license (including the day of booking and the last day of validity) ÷ calendar days of the whole license term, rounded commercially to the cent, but at least €1.00. In the last 30 days of a license the add-on can only be booked together with the renewal. A refund of its price ends the add-on; the license itself is not affected.

§ 6 License

  1. On payment the customer receives the simple, non-exclusive, non-transferable right to use Kima for one day-care centre (the centre named in the license key) for twelve months from issue.
  2. Within that centre Kima may be used on any number of devices; there is no installation limit. Each further centre requires its own license key.
  3. In particular, it is not permitted to pass the license key to other centres, to make Kima available to third parties for a fee, to circumvent protection mechanisms or to decompile the software except where § 69e UrhG exceptionally allows it.
  4. Updates of Kima during the license term are included in the price.

§ 7 License check and availability

  1. Once a day Kima checks online with our license server whether the stored license key is valid. Only the license id is transmitted (see the privacy policy). If the check fails over a longer period (currently 30 days), for example because the device is permanently offline, Kima switches to a read-only mode until a check succeeds.
  2. We strive for continuous availability of the web application and the license server but owe no particular availability. We announce maintenance where possible. Since Kima also works without a connection once loaded in the browser, short outages usually do not affect ongoing planning.
  3. Kima requires a current browser. We state on the website, under "How it works", which browsers are supported.

§ 8 Customer duties, backups

  1. As the data lives on the customer's devices, the customer alone is responsible for backing it up. Kima provides an export function for this. We recommend regular backups to another storage medium. If a device is lost, reset or replaced without a backup, the data is irretrievably lost. This also applies if the customer has booked the sync add-on (§ 10a): it reconciles the devices but is not a backup; a change or deletion on one device is transferred to all paired devices.
  2. The customer is responsible for the lawfulness under data protection law of entering data about children, guardians and staff into Kima. Without the sync add-on, we have no access to this data; we do not act as a processor in this respect. If the customer has booked the sync add-on (§ 10a), we process the synced data on the customer's behalf under the data processing agreement (Art. 28 GDPR).
  3. The customer protects their devices and, if used, the app's encryption password appropriately against unauthorised access. We cannot recover a forgotten encryption password.

§ 9 Warranty and liability

  1. We warrant that, used as agreed, Kima essentially performs the functions described in § 2. The customer reports defects to us without delay and in a reproducible way; we remedy them within a reasonable period by updating the web application.
  2. We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slightly negligent breaches of essential contractual duties (duties whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may rely) our liability is limited to the foreseeable damage typical for the contract, at most one year's license price. Otherwise liability is excluded.
  3. For loss of data we are liable only to the extent that would also have occurred with proper, regular backups by the customer (§ 8(1)).
  4. We are not liable for decisions the customer takes on the basis of the proposals Kima shows (§ 2(3)).

§ 10 Term and end of the license

  1. The license runs for twelve months from issue of the key and ends automatically. It does not renew by itself. The customer may buy a new key before or after expiry; if bought before expiry, the new term follows on from the old one.
  2. After expiry Kima switches to a read-only mode: existing data remains viewable and exportable on the device; new planning is possible again only with a valid key.
  3. The right to extraordinary termination for cause remains unaffected. If we permanently discontinue Kima during the term for reasons we are responsible for, we refund the license price pro rata for the remaining term.

§ 10a Sync add-on

  1. Where we offer it, the customer may book the sync add-on to a license. With it, the devices of the licensed centre reconcile their data through our server. By way of derogation from § 2(2), the data is end-to-end encrypted on the devices for this and stored on our server in Germany only in encrypted form. Only the customer's devices hold the key; we cannot read the content.
  2. The price is currently €99 per centre and license year including VAT; the price shown when booking applies. The add-on can be booked with the license purchase, with the renewal or during a running license year; in the latter case the price is charged pro rata for the remaining term. §§ 4 and 5 apply accordingly to conclusion of the contract and payment.
  3. The add-on runs until the end of the license it was booked with and ends automatically with it; it does not renew by itself. It is not included in the free trial (§ 3).
  4. On booking, the parties conclude the data processing agreement under Art. 28 GDPR, which governs the processing of the synced data.
  5. § 7(2) applies accordingly to the availability of the server. Without a connection, Kima keeps working on every device; the devices reconcile once the server is reachable again.
  6. When the add-on or the license ends, the devices can still retrieve the data on the server for 30 days, but no longer change it. After that, we delete the data stored there completely. The data on the customer's devices is kept.

§ 11 Withdrawal

Licenses are sold exclusively to entrepreneurs, legal entities under public law and special funds under public law (§ 1(2)). There is therefore no statutory right of withdrawal.

§ 12 Data protection

Which data we process when operating the website, the app and the license server is described in our privacy policy.

§ 13 Changes to these terms

We may change these terms with effect for future license purchases. Current licenses remain subject to the terms agreed at purchase.

§ 14 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Wuppertal.
  3. Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: November 2026