Session Planer terms of use
Version of
The German version is authoritative; this translation is provided for your understanding.
The key points in brief
- Session Planer is a tool. We provide functions and interfaces; what you do with it and enter is up to you.
- Your data stays on your device. We collect none of it: no account, no tracking, no analytics. Data goes only to the add-on services that you switch on yourself, and only as much as they need.
- You yourself are responsible for your data, your backups and your recovery key. We cannot restore anything.
- Purchases are made through Apple. Apple sells, bills and refunds; you cancel in your App Store account.
- Our liability is as limited as the law permits. We are always liable for intent and gross negligence, and mandatory consumer protection rights remain yours.
1. Who the provider is and what these terms apply to
The provider is NEXUS ID, Anthony C. Biasio, sole proprietorship, Weidmattstrasse 49, 4415 Lausen BL, Switzerland (“we”, “us”). Contact for questions and complaints: support@sessionplaner.app.
These terms apply to the Session Planer app and to the add-on services that you can switch on in the app (together “Session Planer”). They apply between you and us. You expressly accept them when you first start the app; without your acceptance, the app does not open the workspace.
Session Planer is aimed at persons who use it for their professional or commercial activity, for example as a coach, trainer, practice or business. If you use it as a consumer, these terms also apply; where the law gives you mandatory better protection, that protection takes precedence. Where the terms expressly say so, special rules apply to you.
For the persons who book with you through the web app at buchen.sessionplaner.app, separate, short terms of use for online booking apply. How we handle data is described in the Privacy policy.
2. What Session Planer is
Session Planer is a tool for scheduling, client management, billing, cash register and rentals. Everything you enter is stored on your device. We have no access to your content.
These add-on services only run if you switch them on yourself:
- Online booking (buchen.sessionplaner.app): persons to whom you grant access book and cancel themselves. For this, the booking service holds only the details listed in the Privacy policy.
- Encrypted sync and sharing: your devices and the persons with whom you share a calendar exchange changes via a relay service. It stores and forwards exclusively end-to-end encrypted data; only the devices involved have the key.
- Encrypted backup: on the device and, where available, in your own iCloud Drive. Only you can restore it, with your recovery key.
Session Planer does not give advice. It calculates with what you enter and set. It does not replace tax, legal, accounting or medical advice.
3. Purchase, subscription, trial week and cancellation
Apple sells. You take out subscriptions and other purchases in the app through Apple’s in-app purchase. In doing so, Apple acts as seller in its own name or as our agent, collects the price, accounts for value added tax where Apple levies it, and is your point of contact for payment, invoice, refund and withdrawal. The Apple Media Services Terms and Conditions apply to this. We do not see any payment data.
- Tiers and prices. The app is available as an annual subscription in three tiers: Solo CHF 99, Pro CHF 199 and Academy CHF 399 per year (2 coaches included, each additional coach CHF 149 per year). These are the prices in the Swiss App Store, including any VAT. In other countries, the price that the App Store displays there in the local currency applies. The price that Apple shows you before the purchase is always authoritative.
- Trial week. Anyone taking out a subscription for the first time can use it free of charge for 7 days, insofar as the App Store offers this. If you do not cancel at least 24 hours before the end of the trial week, Apple charges the annual price.
- Renewal. Under Apple’s rules, the subscription renews automatically for one year if you do not cancel it at least 24 hours before the end of the current period. If the price increases, Apple asks you beforehand where the law requires it.
- Cancelling. At any time in the settings of your App Store account under “Subscriptions”. The cancellation takes effect at the end of the current period. Deleting the app does not cancel the subscription.
- Refund and withdrawal. Both are handled by Apple (reportaproblem.apple.com or the purchase history of your Apple account). If you live in the EU or in the United Kingdom, you have the right of withdrawal against Apple that Apple describes in its terms. We can neither refund nor cancel purchases, because the money is with Apple.
- Permanent one-time purchase (“Lifetime”). If we offer a one-time purchase, it gives you the right to use the unlocked tier without further payment for as long as we offer the app and it runs on your device. “Lifetime” refers to the lifetime of the product, not to yours. The purchase gives no entitlement to future functions or to support for new device generations, unless the law requires otherwise.
- Offer codes and discounts. You redeem codes and promotions in the App Store. The terms displayed when redeeming apply. Codes cannot be exchanged for money.
- Without a subscription. If the subscription ends, your data on the device remains readable, exportable and deletable. Only creating and editing are blocked.
4. Right of use
We grant you a simple, non-transferable right to use the app on Apple devices that you own or control, within the scope of Apple’s usage rules. The app and its content remain our property or that of our licensors. You may not sell, rent, sublicense, reverse engineer or modify the app, unless the law expressly permits you to do so.
5. Apple is not a party to these terms
These terms apply between you and us, not with Apple. We, not Apple, are responsible for the app and its content. Furthermore:
- Apple owes no maintenance and no support for the app. We provide support within the scope of these terms.
- If the app does not conform to an applicable warranty, you can notify Apple; Apple will then refund the purchase price to you. Beyond that, Apple has no warranty obligation, to the extent permitted by law.
- For claims in connection with the app, such as product liability claims, claims arising from failure to comply with legal or regulatory requirements, from consumer protection or data protection law, and for third-party claims for infringement of intellectual property, we are responsible, not Apple, within the scope of these terms.
- You confirm that you are not located in a country that is subject to a US government embargo or that the US government has designated as a terrorist-supporting country, and that you are not listed on any US government list of prohibited or restricted parties.
- You comply with the third-party terms that apply when using the app, such as those of your mobile network or cloud provider.
- Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you.
6. Your responsibility
- Your data. What you enter belongs to you. You are responsible for ensuring that it is correct and complete. Check appointments, credit, billing and receipts before you rely on them.
- Backup and recovery key. The app offers an encrypted backup on the device and in your own iCloud Drive. Create a backup regularly, check that it is there, and keep your recovery key separately from the device. We can restore neither data nor keys: without a backup and key, lost data is lost. If you delete the app, the data on this device is also gone.
- Lawful use. You use Session Planer only within the law and not to infringe the rights of others, spread malware or disrupt or overload the add-on services.
- Your clients’ data. For the personal data of your clients, you are the controller within the meaning of data protection law. You inform them about the processing, obtain necessary consents, in particular for health information and, for minors, that of the parents, and fulfil their rights of access, rectification and erasure. If you grant someone access to online booking, you confirm that you may use their details for this purpose.
- Taxes, receipts and retention. Whether your receipts, billing and VAT details are correct and comply with the regulations is up to you. You keep business records and receipts as the law requires, in Switzerland generally for ten years; use the export for this.
- Cash register. The cash register is not a certified point-of-sale system. In particular, it has no technical security device under German law (TSE) and no signature creation unit under Austrian law (Cash Register Security Ordinance). Where such a system is required, you may not use the cash register for that purpose.
- Access. Protect your device with a passcode. Anyone who has your unlocked device, your recovery key or a sign-in link has access to your data.
7. Data protection and processing on behalf
We do not process what is in the app; it stays on your device. For online booking and the relay service of the sync, we process personal data on your behalf as a processor (Art. 9 FADP, Art. 28 GDPR). The details are set out in the Annex on processing on behalf; it forms part of these terms. For the details about you as a provider in the booking service (name, email address), we ourselves are the controller, as described in the Privacy policy.
8. Availability and changes to the services
The app works without internet. We operate the add-on services with care, but without any guarantee that they are reachable at all times, free of errors or available unchanged. Maintenance, disruptions and third-party services, such as Apple, iCloud, hosting and network providers, can interrupt them. We continue to develop Session Planer and may change, replace or discontinue functions if this is reasonable for you. If we discontinue an add-on service, we announce this at least 30 days in advance in the app and on this website, except for compelling reasons such as a security vulnerability or an official order. Your data on the device is not affected.
9. Warranty
We provide Session Planer as it is and as it is available at any given time. We give no further warranty or assurance, to the extent permitted by law. Statutory warranty rights to which consumers are mandatorily entitled remain unaffected; the point of contact for a refund of the purchase price is Apple (section 5).
10. Liability
To the extent permitted by law, our liability is excluded. This applies in particular to:
- loss, damage or unusability of data, including during sync, backup and restore;
- lost profit, lost revenue, indirect damage and consequential damage;
- damage resulting from slight and moderate negligence;
- damage resulting from what you do with Session Planer or enter into it, from incorrect details, from missing backups or a lost recovery key;
- damage resulting from the unavailability of the add-on services and from services of third parties, such as Apple, hosting, network and email providers;
- damage caused by our auxiliary persons, to the extent the law permits such an exclusion.
Insofar as we are nevertheless liable for slight negligence, our liability is limited to the foreseeable, typical damage and, to the extent permitted by law, to the amount you paid for Session Planer in the twelve months before the damaging event.
Not excluded and not limited is our liability for damage that we cause intentionally or through gross negligence (Art. 100(1) CO), for damage resulting from injury to life, body or health, under product liability law and wherever the law mandatorily prohibits an exclusion or a limitation.
For consumers resident in the EU or the EEA, the following also applies: we are also liable for slight negligence if we breach an essential contractual obligation, that is, an obligation whose fulfilment makes use possible in the first place and on whose compliance you may rely; in this case, liability is limited to the foreseeable damage typical for the contract. The amount limit in the preceding paragraph does not apply to you. Otherwise, the mandatory law of your country of residence applies; these terms do not take away the protection it gives you.
11. Indemnification
If you use Session Planer for your professional or commercial activity, you indemnify us against claims by third parties, in particular by your clients and by authorities, that are based on your having used Session Planer unlawfully or contrary to these terms, including reasonable costs of legal defence. This does not apply insofar as you are not responsible for the breach of duty.
12. Duration and termination
These terms apply as long as you use Session Planer. You can stop at any time: delete the app and cancel a running subscription in the App Store. You end online booking in the app; what is then deleted from the booking service is described in the Privacy policy.
We may block your access to the add-on services if you misuse them, endanger their security or materially breach these terms. We tell you why, unless the law prohibits it or it would frustrate the prevention of misuse. The right of both parties to terminate for good cause is reserved.
13. Changes to these terms
If the content of these terms or of the Privacy policy changes, they receive a new date. The app shows you this the next time you open it and asks you expressly for your acceptance again; your silence never counts as acceptance. Until then, your data remains unchanged on the device. If you do not accept, you cannot continue to use the app; you cancel a running subscription in the settings of your App Store account, and you can request a refund for the remaining term from Apple.
14. Applicable law and place of jurisdiction
Swiss law applies, excluding the Vienna Convention on the International Sale of Goods (CISG). The place of jurisdiction is Liestal, Canton of Basel-Landschaft.
For consumers, the following applies: the choice of law does not deprive you of the protection of the mandatory provisions of the country in which you have your habitual residence. You can also sue us at your place of residence, and we sue you only at your place of residence. Mandatory places of jurisdiction take precedence over the choice of Liestal.
We do not take part in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so. Write to us first; most questions can be resolved this way.
15. Final provisions
If a provision is invalid or unenforceable, the remaining provisions remain valid. It is replaced by the statutory rule; in relation to businesses, the valid rule that comes closest to the purpose of the invalid one applies. The German version is authoritative. You can access, save and print the version in force here at any time; the app records on your device which version you confirmed and when.
Annex: Processing on behalf (Art. 9 FADP, Art. 28 GDPR)
This annex applies if you switch on online booking or sync. You are then the controller, we are your processor. It is agreed in electronic form with your acceptance of these terms.
- Subject matter and duration. Operation of the booking service at buchen.sessionplaner.app and of the relay service for encrypted sync, as long as you use the respective service, and thereafter until deletion under item 9.
- Nature and purpose. Storing, providing, transmitting and deleting, so that the persons to whom you grant access can book with you, see and cancel appointments, so that confirmations and reminders are sent by email, and so that your devices and the members of a shared calendar can exchange encrypted changes. We do not use the data for any other purposes, including advertising, analytics or the training of models.
- Types of data and data subjects. Your clients to whom you grant access: first name, email address, status of credit, booked and cancelled appointments (time, offering), record of their acceptance (version, time), sign-in codes and sessions as a hash, emails to them. Members of a shared calendar and your devices: end-to-end encrypted content that we cannot read, public keys, opaque identifiers, roles, sizes and times. Sensitive personal data such as health information does not go to the booking service, and you do not enter it there either.
- Instructions. We process the data only in accordance with your instructions. Your instructions are the settings and actions in the app, these terms and whatever you communicate to us in writing or by email. If we consider an instruction to be unlawful, we tell you. If we are required by law to disclose data, we inform you beforehand, insofar as this is permitted.
- Confidentiality. Only the owner has access to the systems. Anyone who is given access in future will be bound to confidentiality.
- Data security. We take appropriate technical and organisational measures, at least: encrypted connections; the server cannot be reached directly from outside, only through a tunnel; sign-in codes, sessions and links only as a hash; end-to-end encryption of the sync on the devices; encrypted backup of the booking service; rate limiting against abuse; data minimisation and automatic deletion. We adapt the measures to the state of the art without lowering the level of protection.
- Sub-processors. You authorise us to engage these sub-processors: Hetzner Online GmbH, Gunzenhausen, Germany (server in the Nuremberg data centre); Cloudflare, Inc., San Francisco, USA (tunnel and protection of the connection, email sending, encrypted backup; transfer based on the EU-U.S. and Swiss-U.S. Data Privacy Framework, alternatively on standard contractual clauses). We contractually bind them to equivalent data protection. We announce a new or different sub-processor at least 30 days in advance in the app or on this website; you can object by writing to us or by switching off the affected service.
- Assistance. We assist you with the means of the app and, where necessary, on request with requests from data subjects, with data security, with notifications of data security breaches and with data protection impact assessments. If your clients contact us directly, we forward this to you. We notify you without delay of a data security breach on our side after becoming aware of it.
- Deletion. If you remove a person from the access, we delete their data from the service. If you end online booking or delete a shared calendar, we delete everything belonging to it. The time limits for ongoing deletion are set out in the Privacy policy. Deleted data remains in the backup of the booking service for at most 14 days, after which it is gone from there too. A return is not necessary, because the data comes from your app and remains there.
- Evidence and audits. On request, we provide you with the information you need to verify compliance with this annex. We allow audits, including on-site audits, after reasonable prior notice and without access to other customers’ data; you bear the costs, to the extent permitted by law.
- Precedence. For processing on behalf, this annex takes precedence over the other provisions. For liability between you and us, section 10 and mandatory law apply.
Contact
NEXUS ID, Anthony C. Biasio, Weidmattstrasse 49, 4415 Lausen BL, Switzerland · support@sessionplaner.app