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Terms and Conditions (T&C)

These terms govern the provision and use of the FewohBee Cloud hosting service. They supplement the privacy policy and the data processing agreement.

As of: July 2026

1. Scope and Provider

These Terms and Conditions (T&C) apply to all contracts for the provision and operation of the hosted software “FewohBee Cloud” between the provider (details see Imprint) and its customers.

The service is intended exclusively for customers who use FewohBee Cloud to operate an accommodation, holiday rental or other rental offering as part of a commercial, self-employed professional or comparable business activity. Contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) are not intended.

Conflicting terms of the customer shall not become part of the contract unless the provider expressly agrees to their validity in text form.

2. Subject of the Service

The provider makes the FewohBee software available to the customer as a hosted application usable over the internet (Software as a Service). The service includes hosting, provision of the current program version, software updates and regular backups.

The FewohBee software is open source and can in principle also be operated by the customer. The subject of this contract is not the granting of a software license, but the provision and operation of the hosted instance.

The scope of functions results from the service description of the chosen plan valid at the time the contract is concluded.

3. Limitation of the Service

The subject of the contract is the technical operation of the hosted software, including personal email support for technical questions regarding operation, availability and application errors.

In particular, training, comprehensive professional user consulting, the creation of individual templates (e.g. invoice or confirmation layouts), individual customizations and support with marketing the customer's accommodations are not included in the scope of services.

Such services can be provided on separate request and for an additional fee to be agreed separately.

4. Conclusion of Contract and Trial Access

Orders are placed via the provider's customer portal. Requesting and opening the email verification link is non-binding and serves only to verify the email address. The customer submits a binding offer to conclude the contract only by clicking the “Book with obligation to pay” button on the final order page. The contract is concluded when the electronic order confirmation is sent or access is provided, whichever occurs first.

Before submitting the binding order, the customer can review and correct their details, the selected service, the price and the contract documents. Where required for use of the service, the data processing agreement is concluded separately and electronically in the same order step.

The provider may grant a time-limited, non-binding trial access (usually 14 days). A trial access is set up after manual review and does not establish any claim to permanent provision. Until a data processing agreement has been concluded, the trial access may only be used with test data and not with real personal data relating to third parties.

5. Prices and Payment

The prices shown in the portal at the time of ordering apply. Where VAT is legally owed, it will be shown during the ordering process or on the invoice.

The fee is payable in advance for the respective chosen billing period (monthly or yearly). Payment is made via a payment link provided by the provider.

The provider may adjust the agreed prices with effect for future billing periods if the costs of operating the service, in particular infrastructure, hosting, energy, license, payment service provider or other operating costs, increase more than insignificantly or if the scope of services is materially expanded. The provider will inform the customer in text form at least six weeks before the change takes effect. The change will apply no earlier than the next billing period; periods already paid in advance remain unaffected. The customer may terminate the contract with effect at the end of the current billing period before the price change takes effect. The provider will specifically point this out in the price change notice.

6. Term and Termination

The contract is concluded for an indefinite period and may be terminated by either party at the end of the current billing period. Fees already paid in advance will not be refunded on a pro rata basis in the event of ordinary termination.

The customer may schedule termination conveniently in the self-service area or declare termination in text form (e.g. by email). In the event of ordinary termination, the service remains usable until the end of the billing period already paid for; when this date is reached, access will be ended or the instance will be deactivated.

The right to extraordinary termination for good cause remains unaffected.

7. Customer Obligations

The customer undertakes to use the software only within the framework of applicable laws. The customer is responsible for the content entered by them and their users as well as for the data they process (in particular guest and staff data).

The customer must keep their access credentials confidential and protect them from access by third parties.

8. Availability and Maintenance

The provider endeavours to achieve the highest possible availability of the software but does not owe any specific percentage availability unless a different service level has been expressly agreed.

Maintenance work and updates may lead to temporary restrictions; the provider endeavours to announce planned maintenance and to schedule it during off-peak times. Where a plan is advertised as highly available or with reduced interruptions, this refers to the technical design intended to reduce planned interruptions, in particular during regular updates, and does not constitute a guarantee of uninterrupted availability.

9. Liability

The provider is liable without limitation for damages resulting from injury to life, body or health as well as for intent and gross negligence. In the case of slight negligence, the provider is liable only for the breach of an essential contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract.

Despite regular backups, the customer remains jointly responsible for backing up the data they process; liability for data loss is limited to the effort that would have been required for recovery in the case of proper data backup by the customer.

10. Data Protection and Data Processing

Insofar as the provider processes personal data (e.g. guest data) on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR. Details are governed by the separate data processing agreement (DPA).

Otherwise, the provider's privacy policy applies.

11. Data Export and Deletion at End of Contract

After termination of the contract, the provider will make the customer's data available on request in a common format. Productive data will generally be deleted within 30 days after termination of the contract or completion of the data export, unless statutory retention obligations or legitimate reasons prevent deletion. Data in backups will be overwritten or deleted on a regular cycle in accordance with the documented backup concept.

12. Business Customers; No Consumer Withdrawal

The service is intended exclusively for customers who use FewohBee Cloud as part of a commercial, self-employed professional or comparable business activity. A statutory consumer right of withdrawal therefore does not apply.

13. Final Provisions

The provider may amend these T&C with effect for the future where this is required for objective reasons and essential contractual obligations are not restricted to the customer's detriment. The customer will be informed of changes in text form at least six weeks before they take effect. If the customer does not object within this period and has been specifically informed of the meaning of their silence, the changes shall be deemed accepted. In the case of material changes or changes that significantly affect the contractual balance, the provider will obtain the customer's express consent or grant the customer a special termination right.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall remain unaffected.

The provider is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

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