Last updated: 2026-06-02
§ 1 Scope and contracting parties
(1) These Terms of Service (the "Terms") govern the contractual relationship between the provider
Aiman Zennaoui Gärtnerstr. 58 20253 Hamburg Germany E-mail: info@tempestia.de
(the "Provider") and the users (the "Users") of the mobile application Tempestia (the "App").
(2) These Terms apply exclusively in the version in force at the time the contract is concluded. Deviating or supplementary terms of the User shall not become part of the contract unless the Provider expressly agrees to them in writing.
(3) A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
§ 2 Description of service
(1) The App is an application for the independent recording, storage and analysis of working hours. The User may independently enter shifts, breaks, employer data and profile information (in particular for wage calculation under German tax and social security law).
(2) On the basis of these inputs, the App provides the User with analyses, summaries and comparisons — in particular:
- Calculation of hours worked per shift, day, week and month
- Anticipated gross and net earnings
- Notices on statutory minimum breaks (§ 4 ArbZG)
- Notices on night-shift surcharges (night window 23:00–06:00)
- Notices on violations of the eleven-hour rest period (§ 5 ArbZG)
- Notices on reaching monthly limits for mini-jobs
- Comparison between contractually agreed working hours ("Soll") and hours actually worked ("Ist")
- Export of recorded data and analyses as a PDF document (chargeable, see § 5)
(3) All calculations and notices displayed in the App are legal estimates based on the data entered by the User. They have no legally binding effect and, in particular, do not replace individual legal advice (see § 7).
(4) The App does not collect data from the User's employer and does not transmit data to the employer, tax authorities, health insurers or any other third party.
§ 3 Conclusion of contract
(1) Upon registration of a user account in the App, a free-of-charge user contract for the free base version of the App is concluded between the User and the Provider.
(2) The conclusion of the contract is conditional on the User being at least 18 years of age, or having the consent of a legal guardian.
(3) By registering, the User confirms that they have read these Terms and the Privacy Policy and agree to their application.
(4) Paid additional features within the meaning of § 5 are purchased exclusively via the respective app store (Apple App Store or Google Play Store). A separate contract for the respective feature is concluded upon purchase; the details of pricing and payment processing are governed by § 5.
§ 4 Usage requirements and User obligations
(1) The User undertakes to
- provide truthful information at registration,
- keep their access credentials confidential and not pass them to third parties,
- notify the Provider without undue delay upon becoming aware of any misuse of their account,
- exercise due care when entering shift data, breaks, employer information and profile data.
(2) The User is solely responsible for the accuracy of the data they enter. The quality of the calculations and notices provided by the App depends directly on the quality of the inputs.
(3) The User undertakes not to use the App for unlawful purposes, in particular not to infringe the rights of third parties.
§ 5 Prices, paid features and payment processing
(1) Use of the App in its base version is permanently free of charge. All functions for recording, storing and analysing working hours are available free of charge and without time limitation.
(2) In addition, the Provider offers the following paid additional features:
- Single PDF export: a one-time charge of €19.99. Entitles the User to create and download, on one occasion, a PDF document of the data and analyses they have recorded.
- Tempestia subscription: €9.99 per month. Unlocks all functions of the App as well as unlimited PDF exports for the duration of the subscription.
(3) All prices stated are final prices and include any applicable statutory value-added tax (VAT).
(4) The purchase of the paid additional features and the entire payment processing are carried out exclusively via the app store through which the User obtained the App (Apple App Store operated by Apple Inc., or Google Play Store operated by Google LLC). Following confirmation of the purchase, the charge is made via the account and payment method stored with the respective app store. The respective app store's terms of use and payment terms apply in addition to the purchase and payment processing.
(5) The Tempestia subscription is concluded for a term of one month and renews automatically for a further month at the price then in force, unless it is cancelled no later than 24 hours before the end of the current billing period.
(6) The management and cancellation of the subscription are carried out exclusively via the account settings of the respective app store. The Provider itself can neither cancel nor change a subscription concluded via the app store. After cancellation, access to the subscription features remains until the end of the billing period already paid for.
(7) The single PDF export under paragraph 2 is a one-time, consumable service; it does not give rise to a subscription or any recurring payment obligation.
(8) The User will be informed of any future changes to the subscription price in good time before they take effect. Price changes apply only to future billing periods; in this case the User is entitled to cancel the subscription.
(9) Right of withdrawal for digital content: Consumers are generally entitled to a statutory 14-day right of withdrawal for paid digital content. In the case of the supply of digital content — here the unlocking of the PDF export or the subscription features — the right of withdrawal lapses prematurely if the Provider has begun performance of the contract after the User (a) expressly consented to performance beginning before expiry of the withdrawal period, and (b) confirmed their awareness that, by giving this consent, they lose their right of withdrawal once performance begins (§ 356(5) BGB).
(10) Insofar as the purchase is processed via an app store, the exercise of the right of withdrawal and any refunds are additionally governed by the terms and procedures of the respective app store. Refund requests can usually be submitted directly via the app store.
§ 6 Availability
(1) The Provider endeavours to ensure that the App is as continuously available as possible but does not owe any specific level of availability. In particular, maintenance work, updates or disruptions affecting third-party providers (e.g. hosting providers, app stores) may lead to temporary limitations.
(2) The Provider is entitled to discontinue the App in whole or in part. In the event of discontinuation, the Provider will notify the User in good time — at least 30 days in advance — and provide the User with the opportunity to back up their data.
§ 7 Limitation of liability and legal-estimate notice
(1) The App does not constitute legal advice. All calculations, notices, warnings and analyses displayed in the App — in particular regarding wage claims, statutory break times, night-shift surcharges, rest periods, claim deadlines (Ausschlussfristen) and mini-job limits — are exclusively technical computations based on the User's inputs and the rules implemented in the App at the time of calculation. They are to be understood as legal estimates and replace neither the individual legal examination of the specific case nor advice from a qualified lawyer.
(2) Before asserting claims against an employer, or prior to proceedings before a labour court (Arbeitsgericht), it is expressly recommended that a qualified professional (a lawyer specialising in employment law, or a trade union) be consulted.
(3) The Provider shall be liable without limitation for damages arising from injury to life, body or health resulting from a negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or agent of the Provider, as well as for other damages resulting from an intentional or grossly negligent breach of duty by the Provider or any of its legal representatives or agents.
(4) In the event of a slightly negligent breach of essential contractual obligations (so-called cardinal obligations), the Provider's liability is limited in amount to the foreseeable damage typical for the contract at the time the contract was concluded.
(5) Otherwise, the Provider's liability is — to the extent permitted by law — excluded. In particular, the Provider is not liable for:
- damages arising from the use of the calculations or notices displayed in the App in employment or civil law proceedings,
- damages arising from incorrect, incomplete or outdated User inputs,
- damages arising from the loss or inaccessibility of the App or individual features due to maintenance work, software updates or disruptions at third-party providers,
- lost profits or lost wage claims.
(6) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 8 Intellectual property
(1) The App, its content, texts, graphics, user-interface design and underlying source code are protected by copyright and are owned by the Provider.
(2) The Provider grants the User a non-exclusive, non-transferable right, limited in time to the duration of the user contract, to install the App on their mobile device and to use it for the purposes set out in § 2.
(3) Any use beyond this — in particular modification, reproduction, distribution, reverse engineering or publication — is not permitted without the express written consent of the Provider.
(4) The data entered by the User (shifts, breaks, profile information, etc.) remain the property of the User. The User may view and delete this data at any time within the App.
§ 9 Termination and account deletion
(1) The User may terminate the user contract at any time without notice by deleting their user account in the App settings.
(2) The deletion of the user account ends the user contract. The treatment of personal data after the end of the contract — in particular the 30-day transition period — is governed by Section 6 of the Privacy Policy.
(3) The Provider is entitled to terminate the user contract giving 14 days' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the User seriously or repeatedly breaches these Terms.
§ 10 Changes to the Terms
(1) The Provider reserves the right to amend these Terms where required by legal changes, supreme-court case law, technical developments or an expansion of the App's functionality, and where the amendment does not unreasonably disadvantage the User.
(2) The User will be informed of changes within the App at least 30 days before they take effect.
(3) If the User does not object to the changes within 30 days of receipt of the change notice, the amended Terms shall be deemed accepted. The change notice will separately inform the User of this legal consequence and of their right to object.
(4) In the event of an objection, both the User and the Provider are entitled to terminate the contract under ordinary notice.
§ 11 Applicable law and place of jurisdiction
(1) All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding 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 the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) If the User 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 the seat of the Provider. For consumers, the statutory rules on jurisdiction remain unaffected.
§ 12 Out-of-court dispute resolution
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG).
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.
§ 13 Severability
Should individual provisions of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply in place of the invalid or unenforceable provisions.