Terms of Service

These terms of service apply to all contracts for the use of the software "congrega" between Pascal Roschkowski, Bruchstraße 3, 27321 Thedinghausen, Germany (the "Provider") and the congregation or organisation using it (the "Customer").

The service is offered exclusively to congregations and organisations, not to consumers within the meaning of Section 13 of the German Civil Code (BGB). By entering into the contract, the Customer confirms that it is not acting as a consumer.

Deviating or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.

congrega is software for organising congregations, in particular territory management, meeting planning, ministry, and internal organisation. The current range of features is described on congrega.org. The software is offered in two editions:

The software is under continuous development. Its features may change and evolve within the limits of § 7 and § 11.

There is no self-registration. Access is set up individually by the Provider on request. The contract is concluded when the Provider provisions access and the Customer starts using the service, or by confirmation in text form.

User accounts are created and managed by the administrators designated by the Customer. The Customer ensures that only authorised persons receive access.

For the term of the contract, the Customer receives the simple, non-exclusive, non-transferable right to use the software for its own non-commercial organisational purposes.

For congrega Local, the license covers installing and operating the provided software version on the Customer’s systems for its own congregation. Passing the software on to third parties, copying it beyond what is necessary for operation, and making it publicly available are not permitted.

Decompilation or other reverse engineering is permitted only within the limits of Sections 69d and 69e of the German Copyright Act (UrhG).

The Customer undertakes in particular:

• to keep credentials confidential, protect them from unauthorised access, and inform the Provider without delay if misuse is suspected,
• to use the software only within applicable law and not to enter unlawful content,
• as data controller, to ensure the lawfulness of the personal data entered by it and its users — especially data that may reveal religious affiliation (Article 9 GDPR) and data about third parties, such as address and do-not-call records or contact details of speakers from other congregations,
• to designate suitable administrators and assign roles and permissions carefully,
• for congrega Local, to take responsibility for backups, installing updates, and securing its own infrastructure.

Use of congrega is currently free of charge (beta phase). There is no entitlement to permanent free provision.

The Provider reserves the right to make use of the service subject to fees in whole or in part in the future. Any fees will be announced to the Customer in text form at least three months before they take effect. In that case, the Customer has a special right of termination effective no later than the date the fees take effect. There is no silent conversion to a paid model; continued use against payment requires the Customer’s consent.

congrega is provided with the care of a diligent operator. During the free beta phase, however, no specific availability is owed; maintenance windows, interruptions, and disruptions are possible.

The Provider may change, extend, or discontinue features with reasonable notice. Before discontinuing the service as a whole or essential parts of it, the Customer will be given the opportunity to export its data in a common format.

For the free provision of the software, the Provider is liable only for intent and gross negligence and for fraudulently concealed defects.

Liability for damage resulting from injury to life, body, or health and liability under the German Product Liability Act remain unaffected.

The Provider is not liable for loss of data to the extent that the damage results from the Customer’s failure to make reasonable backups — for congrega Local, backups are entirely the Customer’s responsibility.

Information on the processing of personal data is provided in the Provider’s privacy notice.

For congrega Online, the Provider processes the Customer’s application data as a processor within the meaning of Article 28 GDPR. The data processing agreement (DPA) automatically becomes part of the contract upon its conclusion (Annex 1).

For congrega Local, no processing on behalf of the Customer takes place during normal operation. If the Customer grants the Provider temporary access for support or maintenance in an individual case, the DPA applies accordingly.

The contract is concluded for an indefinite period. Either party may terminate it in text form with one month’s notice to the end of a calendar month. The right to extraordinary termination for good cause remains unaffected.

After the contract ends, the Customer of congrega Online may, on request within 30 days, export its data in a common format. The data is then deleted in accordance with the DPA, unless statutory retention obligations require otherwise.

The Provider may amend these terms with future effect where required by technical, legal, or functional developments and where the amendment does not unreasonably disadvantage the Customer. Amendments are announced to the Customer in text form at least six weeks before they take effect.

If the Customer does not object within the notice period or continues to use the software after the amendment takes effect, the amended terms are deemed accepted; the announcement will point this out separately. In the event of an objection, either party may terminate the contract effective on the date the amendment takes effect. Amendments affecting essential obligations of the parties require the Customer’s express consent.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Where the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider’s registered seat.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.