General Terms and Conditions

As at: May 2026

§ 1 Scope and contracting party

(1) These General Terms and Conditions (hereinafter 'GTC') apply to all contracts on the use of the eKlecia® organ app (hereinafter 'app') and associated services concluded between EKLECIA LLC, 1603 Capitol Ave, Cheyenne, WY 82001, USA (hereinafter 'provider'), and the respective customer (hereinafter 'customer').

(2) These GTC apply in the version valid at the time the contract is concluded. Any deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity in writing.

(3) Customers within the meaning of these GTC are generally parishes, parish offices, dioceses, care homes, hospitals, funeral homes as well as other legal and natural persons who use the app in a church, pastoral, care or ritual context.

§ 2 Subject matter of the contract and scope of services

(1) The provider makes the app available to the customer for use over the internet in the respective current version (Software as a Service, 'SaaS'). The app contains a curated collection of professionally recorded organ music from the Gotteslob and the Evangelisches Gesangbuch as well as functions for managing song lists and for playback during services.

(2) The specific scope of functions results from the product description on the provider's website at the time the contract is concluded. The provider is entitled to further develop the app during the contract term, to add new functions and to expand the repertoire, provided that this does not substantially restrict the agreed scope of services.

(3) Updates and new songs published during the contract term are included in the scope of services at no additional charge.

§ 3 Conclusion of contract

(1) The presentation of the services on the provider's website does not constitute a binding offer, but a non-binding invitation to submit an offer.

(2) The contract is concluded when the provider sends the customer an order confirmation by email or sets up trial access for the customer, thereby accepting by implication.

(3) The contract language is German.

§ 4 Trial period

(1) The provider generally grants the customer a free trial period of four (4) weeks from the setup of access. During the trial period, the customer can use the app with its full range of functions.

(2) The trial period ends automatically after the agreed period expires and - unless the customer objects and a paid subscription has been concluded - transitions into the regular subscription. On request, the trial period can be extended.

(3) During the trial period, the customer can declare at any time and without giving reasons, informally by email to info@eklecia.org, that they do not wish to continue using the service. In this case, no costs are incurred.

§ 5 Remuneration and payment terms

(1) The remuneration for the use of the app is €39.00 per month plus the applicable statutory VAT. The remuneration is due monthly in advance.

(2) At the customer's choice, payment is made by SEPA direct debit or by invoice. In the case of payment by invoice, the invoice amount must be paid within 14 days of the invoice date without deduction.

(3) In the event of default in payment, the provider is entitled to demand statutory default interest and to temporarily block the use of the app after a prior reminder with a reasonable deadline.

(4) Collective licences for dioceses, deaneries or larger associations are agreed individually on request.

§ 6 Contract term and termination

(1) Unless expressly agreed otherwise, the paid subscription begins after the trial period and has a term of twelve (12) months. It is automatically extended by a further twelve (12) months in each case unless it is terminated with one (1) month's notice to the end of the respective term.

(2) Termination can be declared informally by email to info@eklecia.org.

(3) The right to extraordinary termination for good cause remains unaffected for both contracting parties.

§ 7 Rights of use and licence terms

(1) For the duration of the contract, the provider grants the customer a non-exclusive, non-transferable right to use the app to the agreed extent for internal, non-commercial purposes. This includes in particular use during services, devotions, funerals, weddings, baptisms as well as in a care and pastoral context.

(2) The customer may install and also use the app simultaneously on an unlimited number of devices within the contractually agreed institution (e.g. parish, parish association, care home, hospital, funeral home). This use expressly includes parallel use at different locations of the same institution - such as mother church and branch churches, rectory and affiliated care home, sacristy and choir rehearsal. Passing on the access data to third-party parishes, institutions or organisations outside the contracting party is not permitted.

(3) The recordings and content of the app are protected by copyright. Reproduction, editing, public performance for commercial purposes, passing on to third parties or publication - even in part - is not permitted without the prior written consent of the provider.

(4) Recording and publishing the app's playback (e.g. on social media, YouTube or other platforms) requires the express permission of the provider.

§ 8 Availability and service

(1) The provider endeavours to ensure continuous availability of the app around the clock. However, uninterrupted availability cannot be guaranteed. Planned maintenance work is carried out outside typical service times where possible and - where foreseeable - announced in good time.

(2) The app has an offline mode that enables it to function without an active internet connection in most cases. The customer is advised to carry out a function test before important occasions.

(3) The provider is available to the customer for queries by email and telephone during normal business hours.

§ 9 Data protection

(1) The provider processes the customer's personal data exclusively within the framework of the applicable data protection regulations, in particular the GDPR and the BDSG. Details can be found in the privacy policy.

(2) All data processed within the app is stored on servers in Germany. At the customer's request, a data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.

(3) As a provider based outside the European Union, EKLECIA LLC is subject to the GDPR when processing the personal data of users in the EU. For data protection matters, you can reach us at info@eklecia.org; details are governed by our privacy policy.

§ 10 Liability

(1) The provider is liable without limitation for damages arising from injury to life, body or health that are based on a breach of duty by the provider or one of its legal representatives or vicarious agents, as well as for damages based on intentional or grossly negligent conduct.

(2) For damages caused by slight negligence, the provider is only liable if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited in amount to the foreseeable damage typical of the contract.

(3) Liability under the Product Liability Act remains unaffected.

(4) Any further liability of the provider is excluded.

§ 11 Customer's obligations

(1) The customer undertakes to keep access data safely and not to pass it on to unauthorised third parties. The customer is responsible for the proper use of the app by persons authorised by them.

(2) The customer provides suitable end devices (smartphone, tablet or comparable devices) as well as a suitable loudspeaker or sound system for the operation of the app themselves.

§ 12 Trademark and copyright

(1) 'eKlecia®' is a trademark of EKLECIA LLC registered with the German Patent and Trade Mark Office under registration number 30 2021 119 712.

(2) All content of the app - in particular organ recordings, text descriptions, logos, graphic design and software - is protected by copyright. Use outside the contractually granted right of use is not permitted.

§ 13 Right of withdrawal for consumers

(1) Consumers within the meaning of § 13 BGB have the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the contract is concluded.

(2) To exercise the right of withdrawal, consumers must inform the provider of their decision by means of a clear declaration - for example by email to info@eklecia.org.

(3) In the event of an effective withdrawal, payments already received will be refunded immediately, but no later than within fourteen days of receipt of the notice of withdrawal.

(4) In the case of a contract for the supply of digital content that is not delivered on a physical data carrier, as well as a contract for the provision of services, the right of withdrawal lapses prematurely if the provider has begun to perform the contract after the consumer has expressly agreed that the provider begins to perform before the withdrawal period expires, and the consumer has confirmed their knowledge that they lose their right of withdrawal by giving this consent. The details are set out in the separate withdrawal policy.

§ 14 Changes to the GTC

(1) The provider reserves the right to adjust these GTC with effect for the future, provided this is necessary for legal or operational reasons and the customer is not unreasonably disadvantaged as a result.

(2) Changes will be communicated to the customer in text form at least six weeks before they take effect. If the customer does not object within this period, the amended GTC shall be deemed accepted. The right of objection and the significance of silence will be specifically pointed out in the notification.

§ 15 Final provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

(3) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.

Contracting party

EKLECIA LLC
1603 Capitol Ave
Cheyenne, WY 82001, USA
Email: info@eklecia.org
Phone: +1 (786) 822-5803
International service

Further mandatory information, including trademark and dispute resolution notice, can be found in the imprint.