Terms of Service for the SaaS Solution “HALIBLU”

This is a courtesy translation. The German version (AGB ) is legally authoritative.

1. Scope; businesses only

1.1 These terms govern all contracts for the use of the software-as-a-service solution “HALIBLU” between HALIBLU GmbH, Goetenkamp 30, 22927 Grosshansdorf, Germany (the “Provider”) and its customers.

1.2 The offering is directed exclusively at businesses (entrepreneurs within the meaning of Section 14 of the German Civil Code), legal entities under public law and special funds under public law. Contracts with consumers are excluded. By ordering, the customer confirms that they are acting in the exercise of their trade, business or profession.

1.3 Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to them in writing.

2. Subject of the contract

2.1 The Provider makes HALIBLU, software for operating dive centres, available to the customer as a cloud service over the internet. The scope of functionality follows from the service description on the website at the time of ordering.

2.2 The customer receives their own HALIBLU system under a subdomain of their choice. There is no entitlement to a specific subdomain.

3. Conclusion of the contract

3.1 By submitting the paid order, the customer makes a binding offer. The contract is concluded once Stripe confirms payment and the Provider confirms receipt of the order by email.

3.2 Payment processing is handled by Stripe Payments Europe, Ltd.; Stripe’s terms additionally apply to the payment transaction.

4. Prices and payment

4.1 The monthly price (base fee) displayed at the time of ordering applies. All prices are exclusive of applicable statutory VAT.

4.2 The fee is due monthly in advance and is collected automatically via the payment method stored with Stripe. The subscription renews automatically for one month at a time until cancelled.

4.3 Invoices are provided electronically. For the reverse-charge mechanism within the EU, a valid VAT identification number must be provided during the order process.

4.4 If collection fails and a grace period expires without payment, the Provider may suspend access to the HALIBLU system until all due amounts have been settled.

4.5 In addition to the base fee, certain actions are charged in HALIBLU Credits (HBC). The usage, pack sizes and net prices displayed on the pricing page and inside the system when the credit pack is purchased apply. A guest bill or another manually created invoice currently uses 1.5 HBC once; items on the same bill use no additional HBC.

4.6 Purchased HBC does not expire and is used solely as usage credit within HALIBLU. Unused HBC will not be paid out in cash or refunded. This also applies upon cancellation and after termination of the contract unless mandatory law provides otherwise.

4.7 If the customer enables automatic top-up, they instruct the Provider to purchase the selected HBC pack through the payment method held by Stripe when the balance falls below the threshold chosen by the customer. The threshold and pack can be changed inside the system, and automatic top-up can be disabled for future purchases.

4.8 Changes to the base fee or HBC prices will be announced in text form at least six weeks before taking effect. HBC already purchased remains unaffected by price changes. The customer may cancel before the change takes effect, with effect from the end of the current billing month.

5. Term and cancellation

5.1 The contract is concluded for an indefinite period; the billing period is one month.

5.2 The customer may cancel the subscription at any time with effect from the end of the current billing month. Fees already paid for the current month are not refunded.

5.3 The right to extraordinary termination for good cause remains unaffected.

5.4 After the contract ends, the Provider keeps the customer’s data available for export for 30 days; thereafter it is deleted unless statutory retention obligations apply.

6. Availability and support

6.1 The Provider generally makes HALIBLU available continuously. Temporary restrictions may arise in particular from necessary maintenance, security measures, telecommunications failures or circumstances outside the Provider’s control. A specific guaranteed availability applies only if agreed separately.

6.2 Support is provided by email during normal business hours.

7. Customer obligations

7.1 The customer keeps their access credentials confidential and ensures that only authorized users access their HALIBLU system.

7.2 The customer does not use HALIBLU for unlawful content or activities and ensures they hold the necessary rights to the data they enter.

7.3 The customer is responsible for regularly backing up exportable data unless the Provider expressly commits to backups.

8. Data protection

The Provider processes personal data in accordance with the Privacy Policy . Where the customer processes third-party personal data in HALIBLU, the parties enter into a data processing agreement under Article 28 GDPR before production use. The customer remains responsible for the lawfulness of processing, its privacy notices and, in particular, the conditions for processing health data.

9. Liability

9.1 The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health.

9.2 In cases of simple negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract and capped at the total fees paid in the twelve months preceding the damaging event.

9.3 Strict liability for initial defects pursuant to Section 536a (1) of the German Civil Code is excluded. Liability under the German Product Liability Act remains unaffected.

10. Changes to these terms

The Provider may amend these terms for the future where there is an objective reason and the contractual balance is not materially shifted to the customer’s detriment. Changes will be communicated in text form at least six weeks before they take effect. The customer may cancel before the change takes effect, with effect from the end of the current billing month. Changes to essential performance obligations that do not exclusively benefit the customer require the customer’s express consent.

11. Final provisions

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

11.2 The exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

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

Last updated: 4 August 2026