Terms and Conditions

Provider. The provider of the Service is Gumb AG, Büsingerstrasse 5, CH-8203 Schaffhausen, Switzerland, UID CHE-107.427.363 VAT, support@gumb.app ("Gumb").

Service. Gumb operates organization software for businesses, clubs, and organizations. Its focus is scheduling and attendance. It also offers further functions such as chat, documents, member management, and a wide range of communication options. The software is available as a web app, iOS app, and Android app (the "Service").

Scope. These Terms apply to every use of the Service. Part A applies to all users. Part B also applies to Owners who use a trial period or purchase a subscription. Part C covers changes and final provisions. Part D contains additional terms for users in the United States. The Privacy Policy provides information about data processing and is not part of these Terms.

Acceptance. By registering for or using the Service, the user accepts these Terms. Gumb records the version and time of acceptance. The current version is available at gumb.app/terms-and-conditions. Gumb provides earlier versions on request.

User terms. Conflicting terms of the user apply only if Gumb agrees to them in writing.

Order of precedence. In case of conflict, the following order of precedence applies: first, individual written agreements (for example, Enterprise); second, the DPA, to the extent it concerns Community Data; third, these Terms.

Audience. The Service is intended for clubs, teams, communities, and businesses, and for people who organize them. Use for that purpose, including commercial use, is permitted. Mandatory consumer protection laws remain unaffected.

Definitions. The following definitions apply:

• Community: the group set up in Gumb (club, team, company, organization).
• Owner: the person who creates a Community. Every Community has exactly one Owner. The Owner purchases the subscription (Sec. 2.3).
• Admin: a Member with extended rights, designated by the Owner or another Admin.
• Member: a user who belongs to a Community.
• Managed profile: a profile without its own login that a primary account or an Admin manages (details in Sec. 6).
• User: anyone who uses the Service, meaning Owners, Admins, Members, and people with a managed profile.
• Customer: Gumb's contracting party for the subscription (Sec. 2.3), meaning the Owner or the organization the Owner names.
• Consumer: a natural person who uses the Service for personal or family purposes that cannot be attributed to their professional or commercial activity.

Contracting party. The contracting party for the subscription is the person who purchases it (the Owner). If the Owner names an organization as the invoice recipient at purchase (a club or company), the contract is formed with that organization. The Owner represents that they are authorized to act for it and is liable to Gumb for any resulting damage if they lack that authority. If the Owner names no organization, for example because they pay personally, the Owner is the contracting party, even if the Community serves a club or team. A later change to the billing address does not change the contracting party.

Members and Admins. Members and Admins are not parties to the subscription. They owe Gumb no fee while a trial period is running or a valid subscription exists for the Community.

Scope of use. The scope of use (in particular the number of Communities and Members) depends on the subscription as shown on the pricing page at gumb.app/pricing. Individual functions may vary by device and region.

Transfer. If the Owner transfers the Community to another Member, the subscription passes to the new Owner only with Gumb's consent. Until then, the previous contracting party remains responsible for payment.

Gumb's role. Gumb provides the software and the technical infrastructure for organizing Communities. Gumb is not a party to the legal relationships within a Community, such as those between a club and its members, an employer and its employees, or an organizer and its participants. The users themselves are responsible for the organization, conduct, and safety of events and activities, for membership terms and dues, and for their own content and instructions.

Account. Use of the Service requires an account. Users register with an email address and password or through sign-in services from Apple, Google, or Facebook.

Information. Users provide truthful and complete information and keep it current. They keep their email address reachable. Notices from Gumb (confirmations, invoices, changes to these Terms) are deemed delivered when sent to the email address on file or displayed in the app.

Age.

a) A personal account is available to people aged 14 or older. By registering, the user confirms they meet this age requirement. Gumb does not verify age, may rely on the confirmation, and may delete accounts of people under 14.

b) Users under 16 represent that their parents or legal guardians consent to their use of the Service.

c) People under 14 may use Gumb only through a managed profile (Sec. 6).

d) Adults enter into subscriptions. Minors may enter into a subscription only with the consent of their legal representatives and represent that consent when they purchase. If consent is missing, Gumb may end the subscription and refund fees already paid.

Login credentials. Each user maintains one account and keeps their login credentials confidential. Users promptly report suspected misuse to support@gumb.app. They are responsible for actions taken under their account unless they are not at fault. Management of a managed profile by a primary account or an Admin is not a sharing of login credentials.

Accounts for third parties. Admins may create accounts for third parties only if they are authorized to do so. They inform the people concerned and, for minors, obtain the consent of the parents or legal guardians. Gumb notifies the person by email. The person may delete the account at any time.

Lawful use. Users use the Service lawfully. They do not post or distribute content that violates laws, government orders, or the rights of third parties. This includes in particular discriminatory, defamatory, violence-glorifying, pornographic, and youth-endangering content.

Prohibited conduct. The following are prohibited:

• spam and mass messages outside the purpose of the Community
• interference with the security or stability of the Service, and malware
• circumventing subscription, volume, or access limits
• automated access (scraping, bots) outside approved interfaces
• reverse engineering beyond what the law permits
• using Member data outside the purpose of the Community

Users report security vulnerabilities to support@gumb.app and do not exploit them.

Own content. Users are responsible for their content (text, photos, events, Member data). They represent that they hold the necessary rights. They post photos and data of third parties only with those people's consent or another legal basis.

Proprietary notices. Copyright, trademark, and other proprietary notices of Gumb may not be removed.

Reasonable use. Gumb may restrict use that places an excessive burden on its systems or on other users, for example unusually high data volumes or mass sending. Gumb announces the restriction in advance, except where there is imminent danger.

Responsibility. Owners and Admins are the first line of responsibility for compliance with these rules within their Community. Gumb has no obligation to monitor content.

Reports. Anyone may report unlawful content to support@gumb.app, stating where it appears and why it is unlawful. Gumb reviews reports promptly.

Measures. In case of violations, Gumb may remove content, issue warnings, suspend accounts or Communities, and terminate the contract. For minor violations, Gumb first sets a reasonable period to cure. For serious violations or danger (unlawful content, security risk, fraud, payment abuse), Gumb may act immediately.

Notice. Gumb informs the person affected of any action, with reasons, by email, unless the law provides otherwise. The person may contact support@gumb.app, and Gumb will review the action.

No refund. If an account is suspended because of a violation, no refund is owed (Sec. 12.11).

Definition. A managed profile has no login of its own and no email address of its own, for example for children or seniors. A primary account (such as a parent) or an Admin of the Community manages it. A primary account may hold managed profiles up to the maximum number shown in the Service.

Creation. The primary account creates managed profiles itself. Admins may create them within their Community. If an Admin creates a profile for an existing primary account, the link stays pending until the primary account accepts it. Anyone who creates a managed profile represents that they are authorized to do so. For minors, they act as a parent or legal guardian or with that person's consent. An Admin keeps a profile for a person without a primary account (for example, a senior) only with that person's knowledge and agreement, or that of their legal representative.

Responsibility. The primary account acts for the managed person and is responsible for the lawfulness of the information and actions. For profiles without a primary account, the Admin bears this responsibility.

Functions and counting. A managed profile can use the same functions as a Member and counts as a Member (Sec. 12.2).

Data minimization. Primary accounts and Admins collect data about managed persons (name, photo, additional details) only to the extent necessary. They set the visibility of names and photos. Gumb chooses privacy-protective default settings and does not use data from managed profiles for advertising.

Editing and deleting. The primary account and the Admins of the Community may edit or delete a managed profile. If the primary account deletes its account, Gumb asks whether the managed profiles should be deleted as well. Without an explicit yes, they are kept.

Own account. Once a managed person reaches the minimum age in Sec. 3.3, they may request that their profile be converted into an account of their own. Gumb enables this on request to support@gumb.app. When the person turns 18, their parents' or guardians' right to manage the profile ends. The primary account then manages the profile only with the person's consent.

Requests. For requests about managed profiles (access, deletion), Gumb may verify that the requester is authorized.

Gumb's rights. The software, trademarks, design, and text of Gumb remain with Gumb. The user receives a non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. Renting and sublicensing are prohibited.

Users' rights. Rights in users' content remain with the users (Sec. 4.3 and 8.1).

Feedback. Gumb may use feedback and suggestions for improvement freely.

References. Gumb uses a customer's name and logo as a reference only with the customer's consent.

App stores. If the Service is obtained through an app store, the store's terms apply in addition. If they conflict with these Terms, these Terms prevail to the extent permitted. The user bears the cost of internet access.

Confidentiality. The parties treat confidential information of the other party that becomes known to them in connection with the contract as confidential and use it only to perform the contract. This does not apply to information that is publicly known, lawfully obtained from third parties, or required to be disclosed by law or government order.

Community Data. Events, Member and user data, files, and messages of a Community ("Community Data") remain with the Community. The Owner grants Gumb the right to store, process, display, and transmit them to operate the Service, including to Members and to service providers Gumb engages.

Roles under data protection law. The Community is responsible for Community Data (controller). Gumb processes it as a processor on the Owner's instructions. The Owner may obtain the standard data processing agreement (DPA) at gumb.app/en/support/data-processing-agreement-dpa, sign it, and send it to support@gumb.app. For account data, billing, security, and product improvement, Gumb is itself responsible. The Privacy Policy provides information about this.

Export and switching providers. During the term, the Owner may export Community Data using the export function (CSV). After that, Gumb provides it on request to support@gumb.app within 30 days in a common, machine-readable format, as long as it is still stored. This also applies if the Owner switches to another provider. Gumb may charge a reasonable fee for work beyond the standard export.

Retention and deletion. Gumb deletes Community Data at the Owner's request. Without a request, Gumb retains it so that the Community can return later. If a Community has had neither a trial period nor a subscription for at least 24 months and is inactive, Gumb may delete its data. Gumb announces this once by email to the Owner and deletes no earlier than 30 days afterward. If the email address on file is no longer reachable, the delivery attempt is sufficient. The Owner may delete their Community themselves at any time (Settings). Deletion is final. Backup copies are overwritten in the normal rotation.

Own account. Every user may delete their own account. The Privacy Policy describes what happens to their data.

Security. Gumb takes appropriate technical and organizational measures to protect data (described in the DPA, Annex II). Absolute security cannot be guaranteed. Gumb notifies the Owner without undue delay of data security breaches affecting Community Data. Gumb uses subprocessors (list in the DPA, Annex III).

Usage data. Gumb may use aggregated usage data that does not allow conclusions about individuals or Communities for operation, security, statistics, and product improvement.

AI. Gumb does not use Community Data to train AI models. The internal use of AI tools is described in the Privacy Policy.

Availability. Gumb operates the Service with due care and aims for high availability. No particular level of availability is guaranteed. Maintenance, disruptions, and outages at third parties (internet, hosting, app stores, payment providers) may temporarily limit the Service. Gumb announces planned maintenance where possible.

Support. It is provided through support@gumb.app and the Help Center at gumb.app/support. Response times are not guaranteed. Individual agreements (for example, Enterprise) remain reserved.

Development. Gumb may develop and change the Service as long as the core functions are retained. If Gumb materially restricts the Service, the Owner may terminate for cause and receives a pro rata refund (Sec. 12.11). If Gumb intends to discontinue the Service, it announces this at least 60 days in advance and enables export (Sec. 8.3).

Notifications. Gumb delivers push, email, and in-app messages on a best-efforts basis. Delivery depends on third parties (devices, operating systems, email providers). Gumb is not an alarm, emergency call, or dispatch system. Anyone who uses Gumb in emergency response or rescue settings uses additional means for time-critical and safety-relevant alerts.

Beta functions. Functions labeled "Beta" come without any assurance and are used at the user's own risk.

Unlimited liability. Gumb is liable without limitation for intent and gross negligence, for injury to life, body, and health, and to the extent mandatory law requires it.

Users who are not consumers. TO THE EXTENT PERMITTED BY LAW, GUMB IS NOT LIABLE TO USERS WHO ARE NOT CONSUMERS FOR SLIGHT OR MODERATE NEGLIGENCE. IF THIS EXCLUSION IS NOT PERMITTED, GUMB'S LIABILITY IS LIMITED TO THE FEES THE OWNER PAID IN THE 12 MONTHS BEFORE THE EVENT CAUSING THE DAMAGE.

Consumers. TOWARD CONSUMERS, GUMB IS LIABLE FOR SLIGHT AND MODERATE NEGLIGENCE ONLY FOR DIRECT DAMAGES AND, IN TOTAL FOR ALL CLAIMS ARISING IN A CONTRACT YEAR, ONLY UP TO THE FEES THE OWNER PAID IN THE 12 MONTHS BEFORE THE EVENT CAUSING THE DAMAGE.

Trial period and unpaid users. During the free trial period, and toward users who pay no fee (Members, Admins), Gumb is liable only for intent and gross negligence.

Indirect damages. TO THE EXTENT PERMITTED BY LAW, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, AND LOST PROFITS ARE EXCLUDED. This also applies to damages the customer could have avoided through reasonable exports of its own data.

Auxiliary persons. Gumb excludes liability for auxiliary persons (employees, freelancers, subprocessors, hosting and payment providers) under Art. 101 para. 2 of the Swiss Code of Obligations (CO), to the extent permitted by law. For its own fault, Sec. 10.1 through 10.3 apply.

Events and activities. Gumb is not liable for damages arising from the conduct of events and activities, or from the actions of users (Sec. 2.7).

Indemnification. The Owner indemnifies Gumb against third-party claims that arise from unlawful content or from violations of these Terms for which the Owner is responsible. Gumb notifies the Owner without undue delay and gives the Owner the opportunity to defend.

Warranty. GUMB PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, GUMB MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, FIT FOR A PARTICULAR PURPOSE, OR THAT THIRD-PARTY CONTENT IS ACCURATE OR COMPLETE. Gumb fixes reported defects within a reasonable time to the extent reasonable. Further warranty claims are excluded to the extent permitted.

Notice and mitigation. The customer promptly reports disruptions and defects to support@gumb.app and takes reasonable steps to mitigate damage, in particular regular exports of important data. If the customer fails to do so, Gumb is not liable for the resulting increase in damage.

No advice. Gumb does not provide legal, tax, privacy, or employment law advice. The customer is itself responsible for complying with the rules that apply to its Community (club law, employment law, data protection, child protection).

Mandatory law. Mandatory statutory liability provisions, in particular those protecting consumers, remain unaffected.

Duration. Owners may try Gumb free of charge for 60 days. No payment details are required, and the full range of functions is available.

End. The trial period ends automatically after 60 days. No subscription, payment obligation, or renewal results from it. A subscription is formed only if the Owner expressly purchases one.

Extension. Gumb may extend the trial period on request. There is no entitlement to an extension or to more than one trial period.

Data. Sec. 8 governs what happens to data after the trial period.

Purchase. The Owner selects a plan and term in the checkout. The contract is formed when Gumb confirms the order or activates the subscription. The scope and limits are as shown on the pricing page at gumb.app/pricing at the time of purchase.

Limits. Managed profiles count as Members. When a limit is reached, no further Members or Communities can be added until the Owner upgrades or reduces usage. Gumb does not delete data because of this.

Term and renewal. The term is one month or one year, as selected. The subscription renews automatically for the same term unless it is canceled. Gumb sends a reminder by email beforehand. If the reminder does not arrive, for example because of delivery problems, the renewal still takes effect.

Prices. The prices at the time of purchase apply. The currency depends on the country (CHF for Switzerland and Liechtenstein, EUR for the eurozone, USD otherwise). The checkout shows whether taxes (such as VAT or sales tax) are included. The customer bears any taxes that apply.

Price changes. Gumb may change prices for future terms. Gumb notifies the Owner by email at least 60 days (annual subscription) or 30 days (monthly subscription) before the end of the current term. The new prices apply from the next renewal. The Owner may cancel before the end of the term.

Payment. The fee for the whole term is due in advance. Payment is made using the payment methods offered in the checkout, either immediately or by invoice. Invoices are payable within 30 days, and access is available from purchase. The terms of the payment provider apply in addition for payment processing. Gumb delivers invoices electronically. The Owner maintains their billing details in their profile.

Missed payment. Gumb sends reminders by email and in the app. If payment is not made, access to the Community ends until payment is made. The data is retained (Sec. 8). Gumb charges no late-payment interest and no dunning fees. The fee for the period during which access existed remains owed.

Plan changes. An upgrade or additional Communities take effect immediately, with the billing shown in the checkout. A reduction, a smaller plan, or a switch from annual to monthly takes effect at the end of the term.

Cancellation by the Owner. The Owner cancels the subscription at any time with one click in the web app (web.gumb.app) under Profile > Subscription > "Cancel membership." No email or written notice to Gumb is required. Gumb confirms the cancellation by email. It takes effect at the end of the current term, and access continues until then.

Termination by Gumb. Ordinary termination: 30 days' notice to the end of the term, by email. For cause, with immediate effect, in particular for serious violations under Sec. 5.3.

Refunds. If the Owner cancels, unused time is not refunded. Gumb refunds pro rata if the Owner terminates for cause attributable to Gumb, if Gumb discontinues the Service, or if Gumb terminates the contract for cause through no fault of the Owner. If the contract ends because of a violation by the Owner, no refund is made.

Right of withdrawal for consumers in the EU and EEA. They may withdraw from contracts under Sec. 12 and 13 within 14 days without giving reasons, by sending a statement to support@gumb.app. If Gumb begins performance at the consumer's express request before the period ends, the consumer owes a proportionate amount for the performance already provided if they withdraw.

Effects of termination. When the subscription ends, access to the Community ends. Export is governed by Sec. 8.3. Payment claims that have already arisen remain. Sec. 7 (intellectual property and confidentiality), 8 (data), 10 (liability), and 15 (final provisions) survive termination.

Packages. Gumb offers one-time onboarding packages (Kickstart, Full Service, Enterprise Onboarding). The scope and price are as stated in the offer at booking.

Performance. Onboarding does not create a subscription. Gumb performs it with due care. No particular result is owed (mandate, Art. 394 et seq. CO). The customer provides information, data, access, and contact people in good time.

Rescheduling. Appointments may be rescheduled free of charge up to 48 hours in advance. If the customer cancels later or does not show up, the appointment counts as held.

Withdrawal. If the customer withdraws before services begin, Gumb refunds the fee. After services begin, Gumb refunds only the portion for services not yet provided.

Changes. Gumb may change these Terms, for example for new features, changes in law, or a different payment process. Gumb announces changes at least 30 days before they take effect, by email and in the app, and highlights them.

Approval. If the Owner does not object within that period and continues to use the Service, the changes are deemed accepted. Gumb points out this consequence in the notice. Members and other users accept the amended Terms by continuing to use the Service after the period ends.

Prices and term. Changes to prices or the term of an existing subscription take effect only from the next renewal, in accordance with Sec. 12.5. If another change materially impairs the Owner's rights, the Owner may terminate for cause and receives a pro rata refund (Sec. 12.11).

Earlier versions. Gumb provides them on request.

Governing law. Swiss law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection laws of the consumer's place of residence remain unaffected.

Jurisdiction. The place of jurisdiction is Schaffhausen, Switzerland. For consumers, the mandatory statutory place of jurisdiction applies.

Disputes. In the event of a dispute, the parties first try to reach an amicable resolution through support@gumb.app.

Transfer. Gumb may transfer rights and obligations under the contract to a successor or an affiliate (sale, merger, restructuring). Gumb informs customers, and data protection and customer rights remain protected. The customer needs Gumb's consent for any transfer.

Force majeure. Gumb is not liable for failures of performance caused by force majeure, such as natural events, war, pandemic, government orders, failure of power, network, or cloud infrastructure, and cyberattacks despite appropriate protective measures.

Sanctions. The customer represents that it is not on a sanctions list of Switzerland, the EU, the UN, or the United States and does not use the Service for sanctioned purposes. Gumb may end the Service in such cases.

Language. The German version controls. Translations are for convenience.

Severability. If a provision is invalid, the remaining provisions stay valid. In place of the invalid provision, whatever comes closest to its economic purpose applies.

Entire agreement. These Terms, together with the order, the DPA, and any individual agreements, are the entire agreement between the parties. There are no oral side agreements. Changes and additions must be made in writing, and email is sufficient, unless Sec. 14 provides otherwise.

No waiver. If a party does not exercise a right, or does not exercise it immediately, that is not a waiver of the right.

No third-party rights, no partnership. The contract creates no rights for third parties. It does not create a partnership, agency, or employment relationship between the parties.

Effective date. These Terms take effect on October 21, 2026 and replace the terms of September 22, 2020. For existing customers, they apply in accordance with Sec. 14.

Scope. This Sec. 16 applies to users who reside in the United States. It supplements the other provisions of these Terms. Where it conflicts with them, it controls to the extent necessary to comply with mandatory US law.

Automatic renewal. Subscriptions renew automatically for the same term until canceled (Sec. 12.3). The Owner may cancel at any time online under Profile > Subscription (Sec. 12.9). Cancellation takes effect at the end of the current term. Gumb sends an email reminder before renewal and an email confirming the renewal terms, the price, and how to cancel after purchase. Gumb provides the disclosures required by applicable state automatic renewal laws at checkout.

Children. Gumb does not knowingly collect personal information directly from children under 13. Managed profiles for children under 13 are created and controlled by a parent or legal guardian, who consents to the processing of the child's data to the extent the Children's Online Privacy Protection Act (COPPA) applies. A parent or guardian may review, edit, or delete the managed profile at any time (Sec. 6.6) or contact support@gumb.app.

Electronic communications. You consent to receive notices, invoices, and other communications from Gumb electronically. You agree that electronic records and signatures satisfy any legal requirement that such communications be in writing or signed, including under the federal E-SIGN Act.

State law. Some states do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those states, Sec. 10 applies only to the extent permitted by law.

Consumers. If you are a consumer, Sec. 15.1 and 15.2 do not deprive you of the rights you have under the mandatory consumer protection laws of your state of residence, including any right to bring claims in the courts of your home state.