Terms of service

The provider of the Nuvical platform is novitune Ltd, Ioanni Pasaporti 30, 8543 Koili, Paphos, Cyprus (registration number HE 476271, VAT ID CY60186735F), represented by the Director Sascha Growe (the "provider"). Contact: sascha@novitune.com.

These terms apply to all contracts on the use of Nuvical between the provider and its business customers (the "customer"). Conflicting or deviating terms of the customer do not become part of the contract unless the provider expressly agrees to them in writing.

Nuvical is cloud-based software for managing appointments and client relationships for studios, practices and similar businesses. Depending on the plan booked, it covers online booking and calendar, client management, appointment reminders across several channels, payment and deposit functions as well as further modules.

The exact scope follows from the plan booked and from the service description valid on the provider's website at the time the contract is concluded. The provider makes the software available over the internet; no installation at the customer takes place.

The contract comes into effect once the customer registers and the provider confirms it. The customer warrants that the details given on registration are accurate and complete, and keeps them up to date.

The provider may offer a non-binding, free trial. During a trial, the scope stated at the time is available. If no paid plan is chosen before the trial ends, access ends or is restricted without any cost arising.

Use is based on the plans booked. Prices follow from the price overview valid at the time the contract is concluded. All prices are exclusive of any applicable statutory VAT.

Each plan includes a monthly allowance of messages (for example reminders via WhatsApp or SMS) and storage. Use beyond the allowance is billed according to the valid price overview (automatic top-up or packages purchased in advance). Transactional messages for appointment communication are not blocked, so that delivery stays reliable.

Billing is in advance, monthly or annually depending on the choice made. The provider's fees are collected through the payment service provider Stripe. If the customer is in default of payment, the provider may restrict or suspend access after a reasonable grace period.

Contracts billed monthly can be terminated with one day's notice to the end of the respective billing month. Contracts billed annually run for the period booked and can be terminated to the end of that period. Fees already paid in advance are not refunded on a pro rata basis if the customer terminates, as far as legally permitted.

The right of both parties to terminate for good cause remains unaffected. Terminations require text form (for example email).

The customer is responsible for the content and data entered into Nuvical and for its lawfulness. The customer ensures that it holds the necessary rights and consents, in particular for sending messages to its own clients (for example consent to WhatsApp or SMS notifications).

With regard to the personal data of its own clients, the customer is the controller under data protection law. The provider processes this data as a processor; the data processing agreement applies.

The customer keeps its access credentials safe and does not pass them on to unauthorised persons. The customer does not misuse the platform, in particular not for unlawful content or inadmissible advertising.

The provider strives for the highest possible availability of the platform. Maintenance and updates as well as disruptions outside the provider's control (for example outages at upstream suppliers or internet services) may lead to temporary restrictions. A specific availability rate is only promised where this has been expressly agreed.

Support is provided through the contact channels stated on the website.

For the term of the contract, the provider grants the customer a simple, non-transferable right to use the platform within the agreed scope. All rights to the software, to trademarks and to the provider's content remain with the provider. The customer's data and content remain the customer's property.

To deliver the service, the provider uses third-party services, for example for hosting, collecting its own fees (Stripe) and message delivery (WhatsApp, SMS, email). Unless stated otherwise, the costs arising from these services are covered by the plans and allowances. Use beyond the allowance is billed according to point 4. Payment service providers through which the customer accepts payments from its own customers are not services of the provider; point 10 applies to them.

Nuvical allows the customer to accept payments from its own customers, for example deposits and prepayments for appointments, vouchers, multi-session cards and products, online or in person by card. To do so, the customer connects its own account with a payment service provider supported by Nuvical (currently Stripe or Viva.com). The contract for the payment services is concluded exclusively between the customer and the payment service provider and is governed by that provider's terms. Towards its own customers, the customer is the payee and seller.

The provider does not provide payment services. It does not accept payments, hold funds or transfer funds; payments go directly from the payer to the customer's account with the payment service provider. The provider only transmits the details required for the respective payment (such as the amount, a description of the service and the payer's email address) to the payment service provider and receives the payment status from it. The provider never receives complete card or account details of payers.

Fees of the payment service provider, chargebacks, refunds, disputes, the review of the customer by the payment service provider and any suspension or restriction of the account concern only the relationship between the customer and the payment service provider. The provider does not charge its own fee on these payments unless the price overview states otherwise.

If the customer stores credentials of its payment account in Nuvical (such as an API key), it confirms that it is authorised to do so. The provider stores these credentials encrypted and uses them solely to process payments, cancellations and refunds triggered through Nuvical. If there is reason to believe that credentials have become known to unauthorised persons, the customer renews them with the payment service provider and informs the provider without delay.

Card payments in person using a smartphone (Tap to Pay) are only available with payment service providers and devices that support them (currently Stripe on compatible iPhones) and may require separate activation. The card is only charged when the sales receipt is completed.

The customer remains responsible for its statutory record-keeping, receipt and cash-register obligations, including any obligation to use a certified technical security device or an approved fiscal system. Nuvical only includes such a device where this has been expressly agreed.

The customer informs its own customers about the payment service provider it uses in its own privacy policy. The provider is not responsible for the availability, decisions or payouts of the payment service provider; point 11 remains unaffected.

The provider is liable without limitation in cases of intent and gross negligence as well as under mandatory statutory provisions. In the case of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place), liability is limited to the foreseeable damage typical for this type of contract. Any liability beyond that is excluded.

The provider does not owe any particular commercial results. The customer shares responsibility for reasonable backups of its own data using the export options provided.

Details on the processing of personal data can be found in the privacy policy and, where the provider processes data on behalf of the customer, in the data processing agreement.

The provider may adapt these terms where there is good reason to do so (for example changes in the legal situation, new functions, changed third-party services). The customer is informed of changes in text form. If the customer does not object within six weeks of receiving the notice, the changes are deemed accepted; the notice points this out separately. If the customer objects, either party may terminate with effect from the date the change takes effect.

The law of the Republic of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods. As far as legally permitted, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Paphos, Cyprus.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected. Amendments and additions require text form.