TERMS OF SERVICE

General Terms and Conditions

Effective Date: April 2026

Provider:
DigitalFreedom
A brand of Berger & Rosenstock GbR
Dieselstr. 22e
61231 Bad Nauheim
Germany
Contact: hello@digitalfreedom.co.za
Website: https://digitalfreedom.co.za

1. SCOPE AND ACCEPTANCE

1.1 Agreement

These Terms of Service ("Terms") govern your access to and use of our websites, applications, APIs, and related services ("the Services") provided under the DigitalFreedom brand by Berger & Rosenstock GbR ("the Provider").

1.1.1 Global scope

The Services are distributed via the Apple App Store and the Google Play Store and are therefore made available in every country and territory those platforms serve. These Terms apply globally to all users of the Services, regardless of country of access or use. The Provider adopts the European Union General Data Protection Regulation (GDPR) and related EU law as its baseline standard and applies it as a global floor; mandatory consumer-protection and other statutory rights granted by the user's country of residence remain unaffected and prevail wherever they are more protective.

1.2 Acceptance

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1.3 Eligibility

You must be at least 16 years old (or the applicable age of consent in your jurisdiction) to use the Services. By using the Services, you represent that you meet this requirement.

1.4 Business Use

If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. SERVICES

2.1 Description

The Provider offers software applications, tools, and related services. The specific scope and functionality of each Service is described in its respective documentation.

2.2 Modifications

The Provider reserves the right to modify, suspend, or discontinue any Service at any time, with or without notice. Material changes will be communicated where practicable.

2.3 Availability

The Services are provided on an "as available" basis. The Provider does not guarantee uninterrupted access or availability.

3. ACCOUNTS

3.1 Registration

Some Services may require account registration. You must provide accurate and complete information.

3.2 Security

You are responsible for:

Maintaining the confidentiality of your credentials
All activities that occur under your account
Notifying the Provider of any unauthorized use

3.3 Suspension

The Provider may suspend or terminate accounts that violate these Terms or applicable law.

4. USER CONTENT

4.1 Ownership

You retain ownership of content you create, upload, or submit through the Services ("User Content").

4.2 License Grant

By submitting User Content, you grant the Provider a worldwide, non-exclusive, royalty-free license to use, store, and process the content as necessary to provide the Services.

4.3 Responsibility

You are solely responsible for your User Content. You represent that:

You have the right to submit the content
The content does not violate any law or third-party rights
The content does not contain malicious code

4.4 Removal

The Provider may remove User Content that violates these Terms or applicable law.

5. ACCEPTABLE USE AND FAIR USE

Use of the Services is subject to our Acceptable Use Policy and our Fair Use Policy. The Fair Use Policy empowers the Provider to throttle, rate-limit, restrict features, suspend or terminate access where use exceeds normal individual end-user use or where misuse is suspected on good-faith grounds.

You shall not:

Violate any applicable law or regulation
Infringe intellectual property or other rights of third parties
Transmit malware, spam, or harmful content
Attempt to gain unauthorized access to the Services or related systems
Interfere with the operation or security of the Services
Use the Services for fraudulent or deceptive purposes
Resell or redistribute the Services without authorization

6. INTELLECTUAL PROPERTY

6.1 Provider's IP

The Services, including software, design, logos, and documentation, are protected by intellectual property laws. All rights not expressly granted remain with the Provider.

6.2 Trademarks

The Provider's trademarks and trade names may not be used without prior written consent.

6.3 Feedback

Any feedback or suggestions you provide may be used by the Provider without obligation to you.

7. PAYMENTS AND SUBSCRIPTIONS

7.1 Pricing

Prices for paid Services are displayed at the time of purchase. All prices are inclusive of applicable taxes unless otherwise stated.

7.2 Payment Processing

Payments may be processed by third-party payment providers. You agree to the terms of such providers.

7.3 Subscriptions

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time through the applicable platform or by contacting the Provider. Detailed disclosure of auto-renewal, free-trial conversion and cancellation paths is provided in the Subscription Terms.

7.3.1 Kündigungs-Button (Germany, § 312k BGB)

For direct subscriptions concluded with consumers in Germany, the Provider provides a cancellation button reachable in no more than two clicks from the account page (see Subscription Terms § 6.3). For subscriptions concluded through the Apple App Store or Google Play, cancellation is handled by the respective platform's standard mechanism.

7.3.2 California Automatic Renewal Law (ARL)

For California residents, the Provider complies with Cal. Bus. & Prof. Code § 17600 et seq. as further described in the Subscription Terms § 8.

7.4 Refunds

Refunds are governed by:

The applicable platform terms (Apple App Store, Google Play) — see Refund Policy § 2
Applicable consumer protection laws
The Provider's Refund Policy

7.5 EU Right of Withdrawal

Consumers in the EU have a 14-day right of withdrawal for digital content. For digital content not supplied on a tangible medium, this right lapses only where the consumer has expressly consented to the Provider beginning performance before the end of the withdrawal period and has acknowledged that they thereby lose their right of withdrawal.

8. THIRD-PARTY SERVICES

8.1 Integration

The Services may integrate with or link to third-party services. The Provider does not endorse or control such services.

8.2 Terms

Your use of third-party services is subject to their respective terms and privacy policies.

8.3 Liability

The Provider is not liable for any damages resulting from your use of third-party services.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The Services are provided "AS IS" and "AS AVAILABLE"
The Provider disclaims all warranties, express or implied
No guarantee of accuracy, completeness, reliability, or fitness for a particular purpose
No warranty that the Services will be uninterrupted, secure, or error-free

Nothing in this section excludes or limits any warranty, guarantee, or liability that cannot be excluded or limited under mandatory applicable law, including mandatory statutory consumer warranty rights.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The Provider shall not be liable for indirect, incidental, special, consequential, or punitive damages
The Provider shall not be liable for loss of data, profits, revenue, or business opportunities
Total aggregate liability shall not exceed the greater of (a) the amount paid by you in the 12 months preceding the claim, or (b) EUR 100

Mandatory carve-outs. The above exclusions and limitations do not apply to, and the Provider remains fully liable for: (a) damages arising from intent or gross negligence; (b) injury to life, body, or health; (c) liability under mandatory product-liability law (including the German Product Liability Act / Produkthaftungsgesetz); (d) the culpable breach of an essential contractual obligation (cardinal obligation / Kardinalpflicht) — here liability for slight negligence is limited to the foreseeable, contract-typical damage; and (e) any other liability that cannot be limited or excluded under mandatory applicable law. Mandatory statutory consumer rights remain unaffected.

11. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Provider from third-party claims, damages, losses, and expenses (including reasonable legal fees) to the extent they are caused by your culpable (intentional or negligent) conduct, in particular:

Your unlawful use of the Services
Your culpable violation of these Terms
Your violation of any law or third-party rights
Your User Content

This obligation does not apply where, and to the extent that, you are not responsible for the relevant breach, and it does not affect or reduce your mandatory statutory rights as a consumer.

12. TERMINATION

12.1 By You

You may stop using the Services at any time. Account deletion requests can be submitted to the Provider.

12.2 By the Provider

The Provider may suspend or terminate your access for good cause — including a material breach of these Terms, misuse of the Services, or where required by law, by a court or authority, or by an app-store / platform operator. A material breach may result in immediate termination. Where the Provider terminates without cause, it will give reasonable prior notice where legally required. Your and the Provider's mandatory statutory termination rights remain unaffected.

12.3 Effect of Termination

Upon termination:

Your right to use the Services ceases
Provisions that by their nature should survive will continue (including liability limitations, indemnification, governing law)

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by German law.

13.2 Jurisdiction

Disputes shall be subject to the exclusive jurisdiction of the courts in Germany, unless mandatory consumer protection laws provide otherwise.

13.3 Consumer Disputes (EU)

The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless required by law.

14. REGIONAL PROVISIONS

14.1 European Union

Mandatory consumer protection rights under EU Directives (including the Consumer Rights Directive and Digital Content Directive) remain unaffected
The right of withdrawal applies to digital content purchases as provided by law
Warranty rights for digital content under Directive (EU) 2019/770 are not excluded

14.2 United States

Where prohibited by state law, limitations on liability or warranties shall not apply
Arbitration provisions may not apply in jurisdictions where consumer arbitration is restricted

14.3 United Kingdom

Consumer Rights Act 2015 protections apply
Liability for death or personal injury caused by negligence is not excluded

14.4 Canada

Provincial consumer protection legislation may override certain provisions

14.5 Australia

Consumer guarantees under Australian Consumer Law cannot be excluded
Liability is limited to re-supply of the Services or payment of the cost of re-supply

14.6 Other Jurisdictions

Where local mandatory law restricts any provision, such provision applies only to the extent permitted

15. FORCE MAJEURE

Neither party is liable for delay or failure to perform any obligation under these Terms to the extent the delay or failure is caused by events beyond reasonable control, including but not limited to acts of nature, war, civil unrest, terrorism, cyber-attack, government action, pandemic, fire, flood, prolonged power or telecommunications outage, or failure of upstream sub-processor infrastructure. The affected party will notify the other without undue delay and use reasonable efforts to mitigate.

This Section does not affect the obligation to pay amounts already due, nor any mandatory consumer-protection right under the user's country of residence.

16. GENERAL

16.1 Severability

If any provision is found invalid, the remaining provisions continue in full effect.

16.2 Waiver

Failure to enforce any provision does not constitute a waiver.

16.3 Assignment

The Provider may assign these Terms (for example, in connection with the planned reorganisation of the operating company from Berger & Rosenstock GbR (Germany) to DigitalFreedom Pty (Ltd) (South Africa)). Users will be informed at least 30 days in advance of any change of contracting entity, and where required by law, fresh consent will be sought. You may not assign without prior written consent.

16.4 Entire Agreement

These Terms, together with the Privacy Policy, EULA, Subscription Terms, Fair Use Policy, Acceptable Use Policy, Refund Policy and any other referenced policies, constitute the entire agreement between you and the Provider.

16.5 Changes

The Provider may update these Terms. Material changes are notified at least 30 days in advance via the Services or by email and, where applicable consumer-protection law requires, take effect only on renewed acceptance. Continued use after non-material changes constitutes acceptance.

16.6 Limitation period

Claims under these Terms are subject to the statutory limitation periods of the governing law (for German law: § 195 BGB — three years from the end of the year in which the claim arose and you became aware of it). This does not affect any mandatory limitation period of the user's country of residence.

16.7 Notices

Notices to the Provider should be sent to hello@digitalfreedom.co.za (general) or data-protection@digitalfreedom.co.za (privacy / DSGVO). Notices to you may be sent by email to the address associated with your account or by in-app notification.

16.8 Language

These Terms are made available in English. Translations may be provided for convenience; in the event of conflict, the English version controls except where mandatory local law requires otherwise.