Terms and conditions
This is a convenience translation of the German original, as at 28 September 2026. Only the German version is legally binding. Where this translation and the German text differ, the German text prevails. References to statutory provisions are to German law; the German section numbers (§) are kept unchanged so they can be looked up.
Terms and Conditions of Kilo Moana UG (haftungsbeschränkt)
1. Scope
1.1 These General Terms and Conditions (hereinafter "Terms") apply to all contracts between Kilo Moana UG (haftungsbeschränkt), Heidestraße 49g, 25462 Rellingen, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Pinneberg under HRB 19590 (hereinafter "Provider"), and the user (hereinafter "Customer") regarding the use of the SaaS service Sailto (hereinafter "Service"), available at https://app.sailto.app.
1.2 These Terms apply exclusively. Deviating, conflicting or supplementary terms of the Customer only become part of the contract if the Provider has expressly agreed to their application in text form.
1.3 The Customer is a consumer insofar as the purpose of the services cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
2. Subject matter of the contract
2.1 The Provider makes the Service available to the Customer as Software-as-a-Service (SaaS) via the internet. The precise scope of functions follows from the service description applicable at the time at https://sailto.app/features and https://sailto.app/preise.
2.2 The Service requires an existing internet connection. Offline use is not part of the contract: without a connection, data can neither be read nor saved.
2.3 The Service is provided at the handover point (the hosting provider's data centre). Establishing the internet connection up to the handover point is not within the Provider's area of responsibility.
3. Conclusion of contract and registration
3.1 The presentation of the Service on the website does not constitute a legally binding offer, but an invitation to submit an offer.
3.2 The free contract of use comes into effect when the Customer creates a user account and the Provider activates that account. Sign-in is handled by a central authentication service; no separate password is issued by the Provider.
3.3 A paid contract (Trip Pass, Sailto Plus, organisation plans) only comes into effect once the Customer completes the ordering process using the button labelled "Zahlungspflichtig bestellen" ("order with an obligation to pay") or a correspondingly unambiguous wording, and the Provider confirms the order. Immediately before the order is placed, the Customer is shown the essential characteristics of the service, the total price including value added tax and, where applicable, the term, the renewal and the renewal price.
3.4 The Customer is obliged to provide truthful and complete information when registering and to keep it up to date.
3.5 The user account is not transferable. The Customer is responsible for keeping their access credentials confidential.
4. Prices, payment and billing
4.1 Use of the Service may be free of charge or subject to a fee. The prices and scopes of service currently in force can be viewed at https://sailto.app/preise.
4.2 All prices stated are final prices and include statutory value added tax — for consumers and entrepreneurs alike. Value added tax is shown separately on the receipt. Where the Provider supplies the service to an entrepreneur established in another Member State of the European Union who provides a valid VAT identification number, the tax liability passes to the recipient of the service (reverse charge procedure); the amount payable remains unaffected by this.
4.3 The Trip Pass is a one-off payment for a specific trip. It does not renew and does not need to be cancelled.
4.4 Subscriptions are charged in advance for the respective billing period. Payment is processed by the payment service provider Stripe (Stripe Payments Europe, Ltd.). The Provider itself does not provide payment services.
4.5 The Provider is entitled to change the prices for paid subscriptions with at least six weeks' notice, effective from the next billing period. The Customer will be informed of the change in text form and advised of their right to extraordinary cancellation. If the Customer does not object and does not cancel before the change takes effect, the change is deemed accepted; if the Customer cancels, the contract ends at the point in time at which the price change takes effect. Trip Passes already purchased are not affected by price changes. The transition from the annual price of the initial term to the renewal price stated in clause 6.2 is not a price change within the meaning of this clause; it is agreed from the outset.
4.6 If the Customer is in default of payment, the Provider is entitled to block access to the paid functions after a prior reminder and a reasonable period of grace. The free functions and access to data already recorded remain unaffected by this.
5. Right of withdrawal for consumers
5.1 Consumers have a statutory right of withdrawal of fourteen days in respect of paid services.
5.2 The complete withdrawal policy together with the model withdrawal form is available at https://sailto.app/widerruf and is made available to the Customer before they place their order and with the confirmation of the contract.
5.3 In the case of digital content not supplied on a tangible medium, the right of withdrawal expires early only under the conditions of § 356(5) BGB (German Civil Code): the Customer must have expressly consented to performance beginning before the end of the withdrawal period, must have confirmed their awareness that this results in the loss of the right of withdrawal, and the Provider must have provided a confirmation of the contract in accordance with § 312f BGB. If any one of these conditions is absent, the right of withdrawal continues to exist for the full fourteen days.
6. Term and cancellation
6.1 The free contract of use is concluded for an indefinite period and may be cancelled by either party at any time without observing a notice period.
6.2 Subscriptions (Sailto Plus, organisation plans) have an initial term of twelve months, or one month where billed monthly. If not cancelled, they subsequently continue for an indefinite period with monthly billing. A subscription initially billed annually is billed monthly from the end of the initial term, at the renewal price: Sailto Plus €4.00, Org Crew €25.00, Org Fleet €50.00 per month, each including value added tax. The renewal price is higher than one twelfth of the annual price; the annual price of the initial term is an introductory price. The Provider states the renewal price before the order is placed. In the renewal phase, the Customer is committed for no more than one month at a time.
6.3 The Customer may cancel a subscription at any time and without observing a notice period — during the initial term as well as afterwards. Cancellation takes effect at the end of the billing period already paid for. Until then the scope of services booked remains available unchanged; the subscription then ends without any further declaration being required. Amounts already paid are not refunded. Nothing is forfeited as a result: the time paid for remains fully usable. The right of withdrawal under clause 5, the right to extraordinary cancellation under clause 4.5 and statutory rights in the event of defects remain unaffected.
6.4 The right to extraordinary cancellation for good cause remains unaffected. Good cause exists in particular where:
- (a) the Customer, despite a reminder, is more than 30 days in default of payment of amounts due,
- (b) the Customer materially breaches the obligations under clause 9,
- (c) insolvency proceedings are opened over the assets of a party, or the opening of such proceedings is refused for lack of assets.
6.5 Cancellation must be in text form (email is sufficient). For paid subscriptions, the Provider provides a cancellation facility within the Service which meets the requirements of § 312k BGB and does not require contacting support.
6.6 After a subscription ends, the account reverts to the free scope of services; the data recorded remains readable and exportable. Trip Passes already purchased remain valid for the respective trip.
6.7 After the entire contract of use ends, the Customer's data is deleted in accordance with the privacy policy. The Customer may download their data beforehand using the Service's export functions.
7. Availability and maintenance
7.1 The Provider endeavours to keep the Service available as continuously as possible. Availability of 100% is not technically achievable. A particular availability rate is owed only insofar as it has been expressly agreed.
7.2 The Provider is entitled to restrict or interrupt the Service temporarily where this is necessary with regard to maintenance work, security concerns or capacity limits. The Provider announces planned maintenance work in advance where possible and carries it out outside normal usage hours.
7.3 The Provider remedies faults without undue delay within the scope of the technical and economic means available.
8. Rights of use and intellectual property
8.1 For the duration of the contract, the Provider grants the Customer a non-exclusive, non-transferable right, which may not be sub-licensed, to use the Service as intended within the framework of these Terms.
8.2 All rights in the Service, including software, design, trade marks and other intellectual property rights, remain with the Provider.
8.3 The Customer retains all rights in the content they enter or upload into the Service ("Customer Content"). The Customer grants the Provider a non-exclusive right of use in the Customer Content, limited in time to the duration of the contract, insofar as this is necessary for providing the Service. No use beyond this takes place, in particular no use for advertising purposes or for training AI models.
8.4 The Customer warrants that they hold the necessary rights in the content they submit and that they do not infringe the rights of third parties. Where the Customer uploads other people's data — such as photos, documents or details of crew members — they are responsible for being entitled to do so.
9. Customer's obligations
9.1 The Customer undertakes to use the Service only within the framework of applicable law and these Terms.
9.2 In particular, the Customer undertakes:
- (a) not to submit any unlawful, insulting, threatening or otherwise offensive content,
- (b) not to use the Service to distribute malware,
- (c) not to query the Service in an automated manner to an extent that impairs operation, and not to circumvent the quotas for AI functions,
- (d) not to use other people's accounts, to keep their access credentials secret, and to inform the Provider without undue delay of any suspected misuse.
9.3 In the event of a significant breach of these obligations, the Provider is entitled to block the Customer's access to the Service temporarily or permanently after a prior warning. In the case of serious breaches, the prior warning may be dispensed with.
10. Warranty and liability
Warranty
10.1 For consumers, the statutory provisions apply, in particular §§ 327 et seq. BGB in the case of contracts for digital products.
10.2 In relation to entrepreneurs, the following applies: the Provider warrants that the Service substantially corresponds to the service description. Insignificant deviations do not constitute a defect.
Liability
10.3 The Provider is liable without limitation in cases of intent and gross negligence, as well as for damage arising from injury to life, body or health.
10.4 In the case of slight negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation). In such a case, liability is limited to the damage typical for this type of contract and foreseeable.
10.5 The above limitations of liability do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or where guarantees have been assumed.
Backup of uploaded files
10.6 The Provider backs up the Service's database regularly. Files uploaded by the Customer — photos, documents, receipts and profile pictures — are currently not included in a separate backup. They exist only once, on the Service's server. The Customer is expressly advised to keep their own copies of these files; Sailto is not an archive.
10.7 The Provider is not liable for the loss of Customer data insofar as the damage could have been avoided by the Customer maintaining a reasonable backup of their own. Clauses 10.3 to 10.5 remain unaffected.
11. Data protection
11.1 The Provider processes personal data in accordance with the privacy policy, available at https://sailto.app/datenschutz.
11.2 Insofar as the Provider processes personal data on behalf of the Customer — for example where an organisation uses the Service for its participants — the parties shall, at the Customer's request, conclude a data processing agreement pursuant to Art. 28 GDPR. A request in text form to the address stated in the legal notice is sufficient.
12. Changes to these Terms and to the Service
12.1 The Provider is entitled to change or further develop the technical implementation of the Service, provided that the core functionality owed under the contract is retained. Changes to digital products going beyond what is necessary to maintain conformity with the contract are made by the Provider in relation to consumers only under the conditions of § 327r BGB.
12.2 The Provider is entitled to amend these Terms insofar as this is necessary in order to adapt them to a changed legal situation or to case law of the highest courts, to close a gap in the provisions which has arisen after conclusion of the contract, or to make purely editorial clarifications. Changes affecting the balance of performance and consideration, or concerning the principal contractual obligations, are not covered by this.
12.3 The Customer will be informed in text form of any amendment under clause 12.2 at least six weeks before it is intended to take effect. The Customer may object to the amendment up until it takes effect. If the Customer objects, either party is entitled to cancel the contract with effect from the date on which the amendment was intended to take effect; if the Customer does not object, the amendment is deemed accepted. The Customer will be separately advised of the significance of their conduct in the notification of the amendment.
13. Final provisions
13.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the consumer's habitual residence.
13.2 If the Customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office. In relation to consumers, the statutory places of jurisdiction apply.
13.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
13.4 The European Commission discontinued its online dispute resolution platform on 20 July 2025. The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
As at: 28 September 2026 — Applies to: Sailto (https://sailto.app)