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Terms of Service

Last updated: May 24, 2025

1. Agreement to Terms

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you, whether acting on behalf of yourself or an entity (“Customer”, “Customers”, “User”, “you”, “your”), and backant.io (“backant.io”, “Company”, “we”, “us”). These Terms of Service govern your use of the website at www.backant.io, any associated web or mobile websites, or media channels (collectively, the “Website” or “Websites”), and any services provided by backant.io, including our drag-and-drop backend builder for creating, deploying, and managing backend services such as API creation, database management, and authentication (collectively, the “Service” or “Services”).

By accessing our Websites or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with these Terms of Service, you must immediately cease using the Websites and Services.

Supplemental Terms of Service or other documents may be posted on our Websites and are expressly incorporated by reference. We reserve the right, at our sole discretion, to modify or update these Terms of Service at any time. We will notify you of material changes using the contact information you have provided. Your continued use of the Websites or Services after such changes constitutes acceptance of the updated Terms of Service. We encourage you to periodically review these Terms of Service to stay informed of updates.

You affirm that you are at least 18 years of age and fully competent to enter into and comply with these Terms of Service. The Services are intended solely for users aged 18 or older. If you are under 18, you are prohibited from using the Services.

If you are a consumer under German law (i.e., a natural person acting for purposes outside their trade, business, or profession), you may have a statutory right of withdrawal as described in Section 14.1.

2. Definitions

As used in these Terms of Service, the following terms shall apply:

  • Company Marks: Any names, logos, icons, images, branding, or other content used to identify backant.io.
  • Customer Data: Data, including personally identifiable data, collected directly by backant.io from Customers to enable Customer accounts or provide the Services.
  • Customer End-User Data: Data, including personally identifiable data, collected by Customers and provided to backant.io for processing.
  • Customer Sites: Websites, webpages, applications, landing pages, or other media provided to backant.io or integrated with the Services to enable the provision of Services.
  • Effective Date: The date on which the Customer makes the first payment toward the Fees.
  • Order: Any initial or subsequent ordering document or online request for access to the Services submitted to backant.io, an authorized reseller, or through backant.io’s product websites.
  • Use Level: The model by which backant.io measures, prices, and offers the Services to the Customer, as set forth on the applicable price list, websites, or Order.

3. Rights and License

3.1. Right to Use Services: Subject to these Terms of Service, backant.io will provide the Services specified in your Order. backant.io grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable right to use components required to access and use the Services. You agree to use the Services in accordance with backant.io’s Privacy Policy, available at https://www.backant.io/privacy and incorporated by reference.

3.2. Technical Support: Technical support for the Services is provided as specified in the applicable Order. You agree to use the Services for professional or business purposes only. backant.io reserves the right to update the Services at its discretion. Updates are included in the Fees, and you agree to use the most current version of the Services.

4. Intellectual Property Rights

4.1. Proprietary Rights: Except for the limited rights granted herein, you have no right, title, or interest in backant.io’s Marks, Services, or any components provided in connection with the Services, or any related intellectual property rights. You acknowledge that backant.io or its licensors retain all proprietary rights, title, and interest in the Company Marks, Services, and any components, including all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces.

4.2. Customer Property: You own or control all rights in Customer Data and Customer End-User Data. backant.io will use Customer Data and Customer End-User Data solely to: (a) provide Services as outlined in these Terms of Service and the applicable Order, and (b) use, publish, display, or distribute de-identified, aggregated, non-personally identifiable information derived from such data to improve backant.io’s Services, benchmarking, or reporting.

4.3. Company Marks: Unless expressly authorized, you agree not to use, register, or apply for registration of any trademark, service mark, business name, company/trade name, domain name, or social media account name that incorporates or is confusingly similar to backant.io’s Marks. In case of a breach, you agree to take all necessary steps to transfer such marks or names to backant.io, including executing assignment documentation. No license to use backant.io’s copyrights, patents, trademarks, or trade names is granted unless expressly stated. For authorized use of backant.io’s Marks, you agree to adhere to backant.io’s Trademark & Copyright Guidelines, incorporated by reference and subject to periodic updates. Reproduction, copying, or redistribution of Website or Services materials for commercial purposes is prohibited without express written permission from backant.io. Contact us at [email protected] for permission requests.

4.4. Feedback: Any ideas, suggestions, or improvements you provide to backant.io regarding its products or services shall be owned by backant.io, and backant.io may include such ideas in future products without compensation to you.

5. Orders, Fees, and Payment

5.1. Orders: You may order Services using backant.io’s current ordering processes. All Orders are subject to acceptance by backant.io at its discretion. All Customer information provided must be current, complete, and accurate, and you are responsible for keeping it updated. Order information is processed automatically by backant.io for account management purposes.

5.2. Fees and Payment: Upon executing an Order, you commit to a fee amount, including any one-time implementation fees (“Fees”), and a payment schedule (“Payment Schedule”). The Payment Schedule may involve a one-time payment (“Paid In Full Payment Schedule”) or monthly installments (“Monthly Payment Schedule”). By providing payment information, you represent that you are authorized to use the payment method, and you authorize us to charge your payment method for the Services.

  • For a Paid In Full Payment Schedule, the entire Fees are due on the Effective Date.
  • For a Monthly Payment Schedule, monthly payments are due on the Effective Date and each monthly anniversary thereafter.

You agree to notify backant.io of any fee dispute within fifteen (15) days of the payment due date and to work in good faith to resolve the dispute. Payments must be made within fifteen (15) days following resolution. You authorize backant.io to: (i) verify the validity of provided debit/credit card information, and (ii) charge the card per the billing frequency in the Order. backant.io may terminate the agreement immediately if payment information is inaccurate, incomplete, or outdated. backant.io is not responsible for overdraft charges or other fees incurred due to card charges.

5.3. Additional Services: You may order additional Services by executing an additional Order or a written amendment signed by both parties.

5.4. Late Payments: backant.io may, at its discretion, (i) suspend or terminate Services for non-payment of undisputed Fees, and (ii) charge a fee to restore archived data from delinquent accounts. You agree to reimburse backant.io for reasonable costs and expenses incurred in collecting delinquent amounts.

5.5. Taxes and Withholding: You are responsible for all applicable taxes (e.g., VAT, sales tax, or other taxes imposed by any government entity), except those based on backant.io’s net income or where you provide a valid tax exemption certificate. If you fail to meet tax obligations, you agree to reimburse backant.io for any taxes paid on your behalf and indemnify backant.io against any related claims, liabilities, or penalties.

5.6. Refund Policy: Refund requests must be submitted in writing within ninety (90) days of the first charge. Charges made after this period are non-refundable after three (3) days.

5.7. Term: The contract term (“Initial Term”) is specified in your Order. These Terms of Service remain in effect until terminated as outlined herein.

5.8. Renewal: After the Initial Term, your Order will automatically renew for a period equal to the Initial Term (“Term”) unless you cancel at least thirty (30) days before the current Term expires via your backant.io account or by emailing [email protected]. backant.io may amend pricing or Services offered at the start of a new Term.

5.9. Cancellation Fee: Cancelling before the end of the current Term incurs a fee equal to all remaining amounts owed under the Payment Schedule.

5.10. Chargebacks: Any chargeback disputes with a credit card provider will disqualify you from receiving a refund. Chargebacks will be contested and declined.

5.11. Late Cancellation: Refunds for late cancellations may be granted if requested in writing within three (3) days of the charge.

6. Customer Accounts and Usage

6.1. You are solely responsible for: (i) configuring your Services account, (ii) the operation, performance, and security of your equipment, networks, and computing resources used to connect to the Services, (iii) ensuring all users log off from the Services after each session, (iv) maintaining the confidentiality of accounts, user IDs, and passwords, and (v) all uses of the Services by you and your users. backant.io may suspend or terminate Services if login information is misused or shared among users. You must notify backant.io immediately of any unauthorized account use or security breaches. backant.io is not liable for losses due to third-party use of your password or account, and you may be liable for losses incurred by backant.io or others. backant.io may review your account to ensure compliance with Use Levels and may terminate or suspend access for overuse or misuse. You agree to pay for any overage beyond permitted Use Levels.

6.2. You agree not to provide false, misleading, or impersonating information through your use of the Website or Services.

7. Prohibited Activities and Restrictions

7.1. You affirm that your use of the Services does not involve Customer Sites related to:

  • Pornography or sexually explicit content
  • Hate speech
  • Racism
  • Pharmaceuticals
  • Illegal narcotics
  • Medicinal or recreational cannabis products
  • Cryptocurrency
  • Any illegal activities

You warrant that content on your Customer Sites does not infringe third-party intellectual property rights. backant.io reserves the right to determine appropriateness.

7.2. The Services are for professional or business use only.

7.3. You agree not to place an unreasonable burden on the Website or Services’ servers, interfere with their operation, or attempt unauthorized access. backant.io determines what constitutes an unreasonable burden.

7.4. You agree not to use bots, click-farms, fake click-throughs, or other techniques to generate misleading user activity on the Websites, Services, or Customer Sites.

7.5. Except as permitted by law, you agree not to: (i) modify, distribute, reverse engineer, or attempt to decipher code related to the Websites or Services; (ii) abuse or disrupt backant.io’s networks, security systems, or user accounts; (iii) market or resell Services to unauthorized third parties; (iv) use Services in violation of backant.io policies or applicable laws; (v) use Services for competitive benchmarking if you are a direct competitor; or (vi) make representations about backant.io or these Terms of Service. backant.io has sole discretion to determine violations.

7.6. backant.io may suspend or terminate your use of the Websites or Services without notice for violations of this section.

8. Privacy and Use of Data

8.1. Customer Data: Review our Privacy Policy at https://www.backant.io/privacy to understand how backant.io collects, uses, and discloses Customer Data. The Privacy Policy is incorporated by reference.

8.2. Customer End-User Data: backant.io processes Customer End-User Data on your behalf and under your instructions, in accordance with our Data Processing Agreement, available at https://www.backant.io/trust-center, incorporated by reference.

8.3. Data Protection Obligations: You are responsible for obtaining all necessary consents, notices, and permissions for End-Users as required by applicable laws, including the General Data Protection Regulation (EU) 2016/679 (GDPR), the German Federal Data Protection Act (BDSG), and the EU ePrivacy Directive (2002/58/EC).

8.4. Anonymized Data: backant.io may collect, use, or disclose anonymized, aggregated data that does not include Customer Data or Personal Information for improving Services, benchmarking, or reporting.

9. Third-Party Sites

The Website and Services may link to third-party sites not controlled by backant.io. backant.io is not responsible for the accuracy, legality, or content of such sites. Links do not imply endorsement or association with their operators.

10. Compliance with Laws

Both parties agree to comply with all applicable laws, including German and EU data protection, privacy, and consumer protection laws (e.g., GDPR, BDSG, German Unfair Competition Act (UWG)). You shall provide necessary information or notices to End-Users and obtain consents as required. backant.io may terminate the agreement immediately for non-compliance with applicable laws.

11. Disclaimer of Warranties

The Website, Services, and all content are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by German law. backant.io does not warrant that the Services will be uninterrupted, error-free, or free of harmful components. Your use of the Services is at your own risk. Some jurisdictions may not allow certain warranty exclusions, so these exclusions may not apply to you.

12. Limitation of Liability

To the extent permitted by German law, backant.io and its agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the Website or Services, whether based on contract, tort, negligence, or otherwise, even if advised of such damages. backant.io’s maximum liability shall not exceed the Fees paid by you for the Services giving rise to the claim. This limitation is integral to the pricing of the Services.

13. Indemnification

You agree to indemnify and hold backant.io, its affiliates, employees, contractors, officers, and directors harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Website or Services, violation of these Terms of Service, or infringement of third-party rights.

14. Consumer Rights and Withdrawal

14.1. Consumer Right of Withdrawal: If you are a consumer under German law (Section 13 BGB), you have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period begins on the Effective Date. To exercise this right, you must inform backant.io GmbH at the contact details in Section 18 via a clear statement (e.g., letter, email). You may use the model withdrawal form available at https://www.backant.io/withdrawal, though it is not mandatory. To meet the withdrawal deadline, you must send the notification before the withdrawal period expires.

14.2. Consequences of Withdrawal: If you withdraw, backant.io will refund all payments received from you, including delivery costs (if applicable), promptly and no later than fourteen (14) days from the day we receive your withdrawal notice. Refunds will be made using the same payment method unless otherwise agreed. You will not incur any fees for the refund. If you used the Services before withdrawal, you must pay for the value of Services provided up to the point of withdrawal.

15. Additional Terms

15.1. Services Trial: backant.io may offer Services on a trial basis for a limited period (“Trial Period”), as specified in the Order. The Trial Period ends (i) at the stated end date, or (ii) if unspecified, thirty (30) days from initial access. Post-Trial Period, Services may continue unless cancelled, and you are responsible for applicable Fees. During the Trial Period, Services are provided “as is” without warranty, to the extent permitted by law. backant.io may modify or discontinue trials at any time without notice.

15.2. Copyright: If you believe the Services infringe a copyright, notify backant.io at [email protected] with: (i) a statement identifying the infringing content and your authorization to act; (ii) a description of the copyrighted work; (iii) the location of the infringing material; (iv) your contact details; (v) a good-faith statement that the use is unauthorized; (vi) a statement under penalty of perjury that the information is accurate; and (vii) your signature. backant.io may delete or disable infringing content and terminate repeat infringers’ accounts.

15.3. Cookies: By using the Services, you consent to backant.io’s use of cookies as described in the Cookie Policy at https://www.backant.io/cookies, incorporated by reference. backant.io does not store sensitive personal information in cookies or share it with unaffiliated third parties.

15.4. Suspension of Service: backant.io may suspend Services if continued provision compromises security (e.g., due to hacking or denial-of-service attacks). backant.io will notify you of suspensions and reactivations.

15.5. Assignment: Neither party may assign rights or delegate duties under these Terms of Service without the other party’s prior written consent, except in cases of corporate reorganization, merger, or sale of substantially all assets. Any unauthorized assignment is void.

15.6. Notices: Legal notices must be in writing and delivered in person, by registered mail, or by email to backant.io GmbH (see Section 18) or your last designated address. Notices are deemed given upon confirmation of receipt or five (5) days after mailing. Non-legal notices may be sent via email or posted on the Website.

15.7. Entire Agreement: These Terms of Service and any Order constitute the entire agreement, superseding prior agreements. In case of conflict, the Order governs for the specific Services described. Customer-submitted documents do not modify these Terms.

15.8. General Terms: Headings are for convenience only. The parties are independent contractors. No third-party beneficiaries exist. No waiver is valid unless in writing. Force majeure events (e.g., natural disasters, strikes) excuse performance delays, provided they persist.

16. Severability

If any provision of these Terms of Service is held invalid or unenforceable under German law, it shall be construed to reflect the parties’ original intent, and the remaining provisions remain in effect.

17. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions. Any disputes shall be resolved in the courts of Berlin, Germany, subject to mandatory consumer protection laws that may grant you rights to pursue claims in your place of residence.

18. About Us

Our Websites and Services are provided by:

backant.io GmbH
Berlin, Germany
Email: [email protected]

backant.io is not yet a a company registered under the laws of Germany, registration number: [Registration number – to be provided].

For any inquiries, contact us using the details above.