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Gartenkern.de

Terms of Service

Last updated: 2026-06-05 · Version: 1.0

1. Scope and Provider

These Terms of Service govern your use of the Gartenkern platform (gartenkern.de and its subdomains, the "Platform").

Provider (data controller under GDPR):

Robert Gürgens Software- und IT-Dienstleistungen (software and IT services) Suhler Straße 17 12629 Berlin Germany

Email: support@gartenkern.de

Small-business operator under § 19 of the German VAT Act (UStG); VAT is not shown on invoices.

By creating an account, you agree to these Terms and to the Privacy Policy.

2. Service Description

The Platform provides tools for managing private garden data: garden layout, planting journal, plant knowledge base, task calendar, photo management, and optional sharing through unlisted links.

Some features require paid plans (see the plan overview in your account area).

3. Minimum Age

Use is permitted from age 16 (GDPR Art. 8 (1)). By registering you confirm you are at least 16 years old.

4. User Obligations

You commit to

  • providing truthful information about yourself and keeping your account credentials confidential,
  • not abusing the Platform — no unlawful content, no circumventing security mechanisms, no automated bulk access without our consent,
  • respecting third-party rights — no copyrighted images without licence, no personal data of others without consent,
  • complying with child protection and criminal law — we operate automated detection systems for illegal content (see Section 6).

5. Content and Licence

Your content (journal entries, photos, plantings, garden layouts) remains your intellectual property. You grant us a non-exclusive, worldwide, non-transferable licence to store, process, and display it within your account and to recipients you choose (shared workspaces, unlisted share links) — only for operating the Platform.

When you publish to the public plant knowledge base (/p/<slug>), an extended licence applies — terms will be obtained separately before publication.

6. Platform Safety and Automated Checks

We operate automated procedures to detect unlawful content:

  • Hash matching against PhotoDNA and PDQ hash sets on every image upload (no ML-based content scanning)
  • Magic-bytes validation and decompression defence
  • Rate limiting to prevent automated abuse

On a hash match, the image is not stored, the account is suspended immediately, and reported to BKA and INHOPE per § 184b StGB.

7. Notice-and-Action, Statements of Reasons, Complaints (DSA Art. 16, 17, 20)

You can report content via the "Report content" button in the footer of every public page or by email to abuse@gartenkern.de — also anonymously (DSA requirement).

If we take action against your content (suspension, removal, visibility restriction), you receive a Statement of Reasons (DSA Art. 17) by email with explanation and complaint mechanism.

You may appeal any of our decisions within 6 months, free of charge, via the address stated in the SoR email (DSA Art. 20). Appeals are decided by two independent moderators (four-eyes principle).

You also have the right to out-of-court dispute settlement (DSA Art. 21) and to seek redress before state courts.

8. Availability, Maintenance, Data Safety

We aim for high availability but provide no guarantee. Maintenance windows are announced in advance where planning permits.

We operate daily encrypted off-site backups — we still recommend that you back up important content yourself.

9. Liability

We are liable without limitation for intent and gross negligence and for damages from injury to life, body, or health. Otherwise, liability is limited to typically foreseeable damage at contract conclusion.

Plant-related content (care tips, herbal information, companion-planting recommendations, recognition results) is not medical or horticultural advice. The disclaimer on each plant page applies (HWG compliance).

10. Account Termination and Data Deletion

You may terminate your account at any time on request at dpo@gartenkern.de. A 30-day grace window applies during which you can revoke deletion. After that, your data is irrevocably deleted per GDPR Art. 17 (see Privacy Policy).

We may terminate your account for cause if you seriously or repeatedly violate these Terms — in particular for hash matches per Section 6 or abuse per Section 4.

11. Governing Law and Jurisdiction

German law applies, excluding the UN Sales Convention. Place of jurisdiction for merchants is Berlin, Germany.

12. Severability and Changes

Should any provision of these Terms be invalid, the remaining provisions remain in effect.

We will notify you of changes to these Terms by email to your registered address at least 30 days before they take effect. If you do not object within that period, the amended Terms are deemed accepted.