General terms and conditions & right of withdrawal for consumers of

1 Part: Scope and Applicable Law
§ 1 Scope

1. the following general terms and conditions apply to all legal transactions vis-à-vis consumers and entrepreneurs with

  • lillywait GmbH
    represented by the
    Managing Director Bastian Schmidt
    Gotlindestraße 54
    10365 Berlin


hereinafter referred to as "we". Legal transactions can be concluded by telephone, in person, by e-mail, in the initial meeting or via the website.

2. the language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence in the event of any differences in language usage

3. these general terms and conditions apply exclusively. Any terms and conditions used by you that conflict with or deviate from these GTC will not be recognized by us unless we have expressly agreed to their validity in writing or in text form.

§ 2 Applicable law and consumer protection regulations

1. the law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if:

  • a) you order as an entrepreneur,
  • b) you have your habitual residence in Germany or
  • c) your habitual residence is in a state that is not a member of the European Union.

2. in the event that you are a consumer within the meaning of § 13 BGB and you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

(3 ) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

4. the version of these GTC valid at the time of the order shall apply.

5. the prices at the time of the order are valid.

6. if certain discount or promotional offers are advertised, they are limited in time or quantity. There is no entitlement to it.

Part 2 Conclusion of the contract, payment terms, duration of the contracts and revocation
§ 3 Subject matter of the contract

1. offers software solutions for kindergartens and parents for digital communication and organization.

All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

§ 4 Prices, terms of payment and due dates

1. our prices are gross prices (incl. statutory value added tax, shown for germany).

2. an invoice is always sent to you by e-mail in the form of a PDF document.
shipped. The invoiced amount is to be paid from the 1st of the following month of provision.

3. interest will be charged for late payments at the agreed rate as well as costs for appropriate reminders. In the event of unsuccessful internal dunning, we can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for the use of legal representation.

4. you are not entitled to assert a right of retention or set-off against payment claims of us; unless it is a matter of undisputed or titled counterclaims.

5. if a sepa direct debit mandate you have given is cancelled without legal cause, you will have to pay not only the bank charges for return debits, but also legal advice. In addition, such action may also have criminal consequences.

(6 ) If you are in default of payment or otherwise in arrears, we shall be entitled to refuse performance or delivery until all due payments have been made. Furthermore, we shall be entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage that may arise.
to be These rights shall apply without prejudice to any other contractual or statutory rights and claims of us.

§ 5 Conclusion of the contract

§ 5.1 The following applies to orders placed verbally, by telephone, in writing, by e-mail, via my contact form or directly via our appointment booking tool:

1. you contact us via e-mail or book your free initial consultation via e-mail.

2. if you would like to book an appointment via our contact form, click on the button: “Make an appointment”. You enter your name, function, e-mail and telephone number there. You also agree to the storage of your data by us.
Of course, this information will only be used for the preparation of our initial consultation. If no contract is concluded with you, we will delete this data immediately.

3. after you have sent your contact request, we will contact you with a proposed date for an initial meeting.

4. after arranging the free initial consultation, you will receive an appointment confirmation from us by phone or email. In this e-mail you will also find our current GTC and a declaration of consent for the processing of your personal data.

5. the initial interview lasts about 1 hour. The initial meeting takes place by phone/via Skype/via Zoom or at our premises. We will discuss the features of our software solution and how it can be used at your facility.

§ 5.2. The following applies to orders placed via the website:

1. on our website you can find our software solutions with more information.

2. you select the desired software solution and add it to the shopping cart by clicking the “add to cart” button

3. if you have decided to purchase the program, then click on the “Buy” button

4. then enter the following data

  • Company name and VAT ID No.
  • First and last names
  • Address
  • Phone number and e-mail address

5. payment options available to you is payment by direct debit.
You will receive an invoice from us by e-mail or by mail.

Payment is made monthly on the 1st of the following month.

6. you enter your account information and before completing the order with the click in
the respective boxes your consent

  • for the storage and processing of your data
  • on the validity of these GTC
  • to the validity of the privacy policy.

You will find all texts linked there.

Finally, click on the button “Complete now” and submit a binding offer to us. By doing so, you are offering to enter into a contract with us for the provision of the software solution.

8. immediately after sending you will receive a confirmation email from us. At this moment a contract between you and us is concluded.

§ 6 Right of withdrawal for consumers

1. as a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix.

2. the revocation period begins with the conclusion of the contract. The contract is concluded at the moment you receive the confirmation email from us.

You can revoke the contract free of charge within 14 days.

3. when providing digital content, such as our software solutions, there are the following special features with regard to the right of withdrawal:

  • a – If you want to access the software solution directly, i.e. if you want us to start executing the contract within the 14-day cancellation period, you waive your right of cancellation to this extent.
  • b – We point this out directly before the conclusion of the contract with the following passage: “You expressly request that we begin with the data transfer of the software before the end of the revocation period of 14 days. You are aware that you will lose your right of withdrawal if we have performed the service in full.
§ 7 Term of contract and termination

1. the term of our contract depends on the respective software solution. As a rule, the term is unlimited.

2. the contract can be terminated with a notice period of 14 days to the end of a month.

3. the extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part exists in particular if you are more than 2 times in arrears with payments, if you intentionally violate provisions of these GTC and/or intentionally or negligently committed prohibited acts or our relationship of trust is permanently disturbed.

3 Part: Rights and obligations of the customer
§ 8 Right to use the digital content

1. you have the right to use the booked software only as long and to the extent that our contract covers.

2. audio/video and PDF files and other documents may be accessed (downloaded) and printed by you and only for your own use. Downloading and printing of files is permitted only within this framework. In this respect, you may also make the printout with the technical support of third parties (e.g. a copy store). In all other respects, we reserve all rights of use to the software and the documents. This means that the representations and documents and also the imparted knowledge may not be made available to third parties, either free of charge or for a fee.

3. the trademarks and logos listed on the documents enjoy protection under the Trademark Act. You are obligated to use the documents and files accessible to you only within the scope expressly permitted here or permitted by mandatory statutory regulation even without our consent and not to promote unauthorized use by third parties. This also applies after termination, revocation or cancellation of the contract.

4. forms of use that are permitted due to mandatory statutory provisions shall of course remain exempt from this reservation of consent.

§ 9 Collection, storage and processing of your personal data

1. for the execution and processing of the contract we need the following data from you:

  • First and last name
  • Address
  • E-mail address
  • for entrepreneurs also company name and VAT ID No.

2. in the case of chargeable services, the name details, in particular the company name, must be correct. The same applies to the address. Invoices are prepared on the basis of this information. Should corrections become necessary here, this can lead to additional expenditure, which I will charge in an appropriate amount.

3. in case of change of personal data, especially in case of change of e-mail address, please inform us by sending an e-mail to

§ 10 Own provision of suitable IT infrastructure and software

You are responsible for providing and guaranteeing Internet access (hardware, telecommunication connections, etc.) and other equipment required to use our software yourself and at your own expense and risk.

§ 11 Individual adaptation and modification of the software

1. you have the possibility to inform us about individual change requests of the software. These changes can be made by us after consultation (in writing by e-mail) with costs.

2. we reserve the right, at our sole discretion and without prior notice, to change individual parts of the functionality and to add or remove features. Provided that the general function is not impaired by such a change, the omission of a function does not constitute a defect.

§ 12 Know-how protection and secrecy

1. you are aware of the fact that all information you receive during our cooperation about the way we provide our services (ideas, concepts and operating experience (know-how) developed by us) and which must be kept secret due to legal regulations or the nature of the matter are subject to business secrecy. For this reason, you agree to maintain commercial confidentiality and to maintain secrecy about the aforementioned information.

2. within the framework of a reference agreed in writing, you are entitled to speak/write about the way of cooperation with us.

3. the obligation to maintain confidentiality shall survive the end of our cooperation.

4. the following information is not affected by confidentiality:

  • were already known before the confidentiality agreement,
  • developed independently of us,
  • were or are publicly available when you received the information or subsequently became publicly available through no fault of your own.

5. an appropriate contractual penalty shall be due for each breach of the confidentiality obligation.

Part 4: Confidentiality and liability regulations
§ 13 Confidentiality of both parties

1. we undertake to maintain confidentiality about all confidential information from you during the duration and also after termination of the contract.

You are obligated to maintain secrecy about all information to be treated as confidential,of which you have gained knowledge in the course of the cooperation, and to use this information vis-à-vis third parties only with our prior written consent. This also applies to all documents that you receive from us or to which you have access.

§ 14 Liability

1. we are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

2. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of the offer.

3. All aforementioned limitations of liability shall also apply to our vicarious agents.

§ 15 Force majeure

(1) Force majeure shall be deemed to exist if an external event occurs which has no operational connection and which cannot be averted even by exercising the utmost care that could reasonably be expected. Force majeure is assumed in case of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fires, political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases and quarantine orders by
Authorities, countries and states.
The lists are not exhaustive; events comparable to those mentioned in paragraph 1 also fall under the concept of force majeure.

2. the party that first learns of the event shall inform the other party in a timely manner.

3. in the event of force majeure as defined in paragraph 1, we agree that initially the contractual services will be suspended for the duration of the impediment. I.e. the services of both parties are stopped for the time being.
After the termination of the unforeseeable event, the contract will be resumed.
Further possible damages, each party bears for itself.

4. if the event lasts longer than 6 months, we are both entitled to terminate the contract in text form with a notice period of 14 days weeks to the end of the month.
Even in the event of such termination, each party shall bear any further damages itself.

5. in the event that the event lasts longer than 12 months, the contract will be terminated. A final invoice will then be issued by us. This statement lists the services we have provided and the payments you have made. In the event that you still need to make payments for services already provided, these must be paid within 14 days of receipt of the final invoice. If there is a credit in your favor, it will be paid to you within 14 days after the final statement is sent. The final invoice can be sent as a PDF attachment by e-mail Further claims due to force majeure are excluded. Each party shall bear its own damages incurred by it.

Part 5: Final Provisions and Place of Jurisdiction
§ 16 Amendment of these GTC

These GTC may be amended if there is an objective reason for the amendment. This could be, for example, changes in the law, adjustments to our offers, changes in case law or a change in economic circumstances. In the event of significant changes that affect you, we will inform you in a timely manner about the planned changes. You have a 14-day right of withdrawal after the information. After expiry of this period, these new regulations have become an effective part of the contract.

§ 17 Final provisions

1. the terms and conditions written here are complete and final. Amendments and supplements to these terms and conditions should, in order to avoid ambiguities or disputes between us about the respective agreed content of the contract, be made in writing – whereby e-mail (text form) is sufficient.

2. If you, as a consumer, had your domicile or habitual residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time we file an action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of Lillywait in Berlin. For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law or special funds under public law, the place of jurisdiction shall be the registered office of Lillywait in Berlin.

3. we draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. For details, see Regulation (EU) No. 524/2013 and the web address:
. We do not participate in the dispute resolution procedure.

Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The agreed in the regulation.
Scope of services shall then be adjusted to the extent permitted by law.

Consumer information and cancellation policy

1. the language available for the conclusion of the contract is exclusively German.

2. the presentation of our services on the website does not constitute a binding offer on our part. Only the order of a service by you is a binding offer according to § 145 BGB. In case of acceptance of this offer, we will send you an order confirmation by e-mail. Thus, the contract on the order is concluded.

3. the prices stated by us are gross prices including taxes (for Germany).

4. the data required for the processing of the contract between us and you are stored by us and are accessible to you at any time. In this respect, we refer to the regulation of the privacy policy on our website.

5. as a consumer you have a right of withdrawal according to the following instruction.

Cancellation policy
Right of withdrawal

As a consumer, you have the right to revoke the contract within fourteen days without giving any reason.

You do not have a right of revocation if you have expressly agreed in your order that we should already begin with the data transfer of the software before the end of the revocation period and this service has been completely rendered. If we have provided the service in part, you shall no longer have a right of revocation in this respect.

The withdrawal period is fourteen days from the date of conclusion of the contract. The contract is concluded on the day on which you receive a confirmation e-mail from us after a successful order.
To exercise your right of withdrawal, you must contact us at.

  • lillywait GmbH
    represented by the
    Managing Director Bastian Schmidt
    Gotlindestraße 54
    10365 Berlin

  • Or to:

by means of a clear declaration (e.g. a letter sent by mail, fax or email) about your decision to revoke this contract. You can use the attached sample revocation template for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must return to you any payments we have received from you no later than fourteen days from the date on which we received notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for your original transaction.

If you have agreed that we should already begin with the service before the expiry of the 14-day revocation period, then you must also provide us with the consideration (fee) for these services and in this respect have no claim to reimbursement.

§ 1 Scope

Model for the withdrawal form according to
Annex 2 to Article 246a § 1 para. 2 S. 1 No. 1 and § 2 para. 2 No. 2 EGBGB

Lillywait Ltd.
represented by the managing director Bastian Schmidt
Gotlindestraße 54
10365 Berlin

Or to:

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the software (description so that it can be clearly determined to which order the revocation relates).

  • ordered on: (*). . . . ./ . . . . .
  • Confirmation email received on: (*)
  • Name of consumer(s);
  • Address of the consumer(s);
  • Account details for the refund
  • Signature of the consumer(s) (only in case of notification on paper);

(*) Delete as applicable