Last updated: August 2026

Terms and Conditions

This is a translation for convenience. In the event of any discrepancy, the German version prevails.

Section 1 Scope and provider

(1) These Terms and Conditions, hereinafter the „Terms", apply to all contracts, services and business relationships between Wellstack Limited, Nikolaou Nikolaidi 34, ARISTI COURT, 2nd floor, Flat/Office 302, 8010 Paphos, Cyprus, hereinafter the „Provider" or „Wellstack", and its customers, hereinafter the „Customer".

(2) The Provider operates from Cyprus. However, in order to avoid friction for our predominantly German-speaking customers, all disputes, contracts and questions of liability are subject to the jurisdiction and the law of the Federal Republic of Germany, see Section 11.

(3) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even if known, unless their applicability is expressly agreed to in writing.

Section 2 Subject matter and description of services

(1) Wellstack is a technology and service provider in the field of digital products and operates its own portfolio of mobile applications. The subject matter of the contract is the development, provision, maintenance and support of bespoke mobile applications and digital platforms, together with the provision of the associated technology infrastructure for clients.

(2) Beyond the technological provision, the service offering also covers, where agreed, payment processing, user management systems and ongoing maintenance in the sense of Software as a Service.

(3) The specific scope of services, the exact specifications of the application and the ongoing support services are defined in detail in individual quotations, order forms or project contracts between Wellstack and the Customer.

Section 3 Conclusion of contract

(1) Offers made by Wellstack on websites or in information materials are without obligation and non-binding. A legally binding contract is concluded only when the Customer accepts, in due form and time, a binding offer transmitted by Wellstack digitally or in analogue form, for example by e-mail, by electronic signature or by signature of both parties.

Section 4 Remuneration, payment terms and default

(1) All prices are set out in the individual quotation. Unless expressly stated otherwise, prices are net and subject to the applicable statutory VAT.

(2) Unless otherwise agreed, payments for development work or ongoing services are due without deduction within 14 days of the invoice date.

(3) In the case of recurring payments, for example monthly server, maintenance or licence fees, the Provider is entitled to collect payments automatically via connected payment service providers such as Stripe, provided the Customer has granted a mandate for this purpose.

Section 5 Customer's duties to cooperate

(1) The Customer undertakes to support Wellstack to the best of its ability in producing the contractually owed service. This includes in particular the timely provision of required content such as texts, images, videos and logos, of access credentials such as Apple Developer or Google Play Console accounts, and the prompt sign-off of interim steps.

(2) Delays in the project which are demonstrably attributable to insufficient or late cooperation by the Customer postpone existing deadlines and are not to the detriment of Wellstack.

Section 6 Copyright, rights of use and ownership

(1) Upon full and unconditional payment of the agreed remuneration, Wellstack grants the Customer a simple right of use, unrestricted in territory and time, in the front-end deliverables released specifically for the Customer, for example the design and brand integration of the application.

(2) All ownership and exploitation rights in the technological foundation, the underlying source code, the backend setups and the frameworks developed by Wellstack remain fully and exclusively with Wellstack. There is no claim to release of the source code unless this has been expressly agreed in the contract as a buy-out.

Section 7 Availability of services

(1) Where Wellstack provides hosting and server services for the applications, Wellstack endeavours to achieve an average annual availability of 99 per cent. This excludes scheduled maintenance windows and downtime caused by technical problems of third parties, for example outages at Vercel, Supabase, Microsoft Azure or Apple and Google services, as well as cases of force majeure.

Section 8 Limitations of liability

(1) Wellstack is liable without limitation for intent and gross negligence. For ordinary negligence Wellstack is liable only where material contractual obligations, so-called cardinal obligations, are breached. Injury to life, body or health is excluded from this limitation. In the case of a breach of cardinal obligations, liability is limited to the damage typical for the contract and foreseeable.

(2) Wellstack expressly gives no warranty as to the commercial or financial success of the applications developed, for example download figures or subscription revenue.

(3) The Customer is solely responsible for the legal review of the content it makes available through the application, for data protection arrangements towards its own end customers and for any breaches of competition law.

Section 9 Term and termination

(1) The contract term for project developments ends with final acceptance of the software. Contracts for ongoing SaaS services, hosting, server operation and updates are concluded for an indefinite period unless otherwise agreed. They may be terminated by either party by giving 60 days' notice to the end of a month.

Section 10 Data protection

Information on the collection, processing and use of personal data can be found in detail in our privacy policy. Where Wellstack processes personal data of the Customer's end users on servers, a separate data processing agreement under Article 28 GDPR is concluded.

Section 11 Applicable law, place of performance and jurisdiction

(1) Notwithstanding the Provider's place of establishment in Cyprus, the applicability of the law of the Federal Republic of Germany is expressly agreed, excluding the UN Convention on Contracts for the International Sale of Goods, since the Provider's core business and main target group are located in the DACH region.

(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 or in connection with contracts between Wellstack and the Customer is, at Wellstack's option, the seat of Wellstack in Cyprus or a competent court in Germany at the Customer's place of business.

Section 12 Severability

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a rule that comes closest to the economic purpose of the original provision.