Schwarzer Regen GmbH · Costio · Terms of Use

Terms of Use.

Terms of use for the Costio app by Schwarzer Regen GmbH. The German version is binding. Status: 2 September 2026 · Version 1.0.

§ 1 Scope, Provider, Definitions

(1) These terms of use govern the use of the mobile application “Costio” (hereinafter the “App”), including all updates and associated features.

(2) The provider of the App is Schwarzer Regen GmbH, Schlatzendorf 19, 94234 Viechtach, Germany (contact address: Eichertweg 6c, 93437 Furth im Wald), e-mail kontakt@schwarzerregen.de, Amtsgericht Deggendorf HRB 6478, VAT ID no. (USt-IdNr.) DE461089191, Managing Director Maciej Zaorski (hereinafter the “Provider”).

(3) Definitions:

(4) Deviating terms of the User do not apply, even if the Provider does not expressly object to them.

(5) The terms of use are available in German, Polish and English. In the event of discrepancies, the German version prevails.

§ 2 Description of Services

(1) The App assists with the calculation of construction, renovation and interior-finishing work. It comprises:

(2) Offline operation. Photos, voice recordings, price lists and calculations are processed and stored exclusively locally on the User's device. The Provider does not operate any user accounts, any login or any server on which User Content is stored.

(3) One-time model download. For the features under para. 1(a) and (b), the App downloads AI models once from servers of Hugging Face, Inc. (USA). For technical reasons, the device's IP address is transmitted in the process; User Content is not transmitted. After the download, the models work offline.

(4) Optional weather feature. At the User's request, the App retrieves weather data from Open-Meteo, transmitting approximate location coordinates. Details are governed by the Privacy Policy (§ 12).

(5) The range of features may evolve through updates. In relation to Consumers, §§ 327e et seq. BGB apply to changes to the App.

(6) The Provider does not owe any data backup. The User is responsible for backing up their User Content (e.g. via the device backup).

§ 3 System Requirements

(1) The App is intended for iPhone devices running the minimum iOS version specified in the Apple App Store.

(2) An internet connection is required for the model download, the weather feature and the processing of the subscription via Apple; the User bears the costs thereof. Sufficient free storage space is required for the model download; the requirement is displayed in the App before the download.

(3) Camera and microphone quality as well as ambient conditions (light, noise level) affect the quality of the AI Results.

§ 4 Conclusion of Contract and Apple's Role

(1) The App is provided exclusively via the Apple App Store. The usage contract between the User and the Provider is concluded upon completion of the download or — for paid services — upon confirmation of the purchase in the App Store.

(2) The subscription is acquired via Apple in accordance with the Apple Media Services Terms and Conditions. Apple is not a party to this usage contract, but the User's contractual partner for payment, invoicing, refunds and management of the subscription. The Provider receives no payment data of the User.

(3) These terms of use apply in addition to and — with regard to the use of the App — take precedence over Apple's standard terms for licensed applications, insofar as they do not conflict with Apple's mandatory requirements (§ 15).

(4) The User represents that they have reached the age of 18 and — insofar as they act as an Entrepreneur — are authorised to represent the company.

§ 5 Prices, Subscription, Trial Period, Renewal, Termination

(1) The App is offered as an annual subscription. The applicable price including statutory VAT is displayed before purchase in the App Store and on the App's payment page.

(2) Trial period. New subscribers receive a free trial period of 3 days. Without cancellation, the trial period automatically converts into the paid annual subscription. It can be ended at any time up to at least 24 hours before expiry in the subscription settings of the Apple account.

(3) Automatic renewal. The subscription renews automatically for a further year in each case unless it is cancelled via the Apple account at least 24 hours before the end of the current term. The charge is made via the Apple account within 24 hours before the end of the current term at the price valid at that time and displayed in the Apple account.

(4) Promotional price. Until 31 December 2026, the Provider offers the subscription at a promotional price. The promotional price and the regular price are shown on the App's payment page and in the App Store. Price changes for existing subscriptions are notified to the User in advance in accordance with Apple's rules.

(5) Termination. The subscription can be cancelled exclusively via the subscription management of the Apple account (Settings › Apple-Account › Subscriptions). The cancellation takes effect at the end of the paid term; until then the App remains usable. The Provider itself cannot cancel, change or refund subscriptions.

(6) Refunds are governed by Apple's terms and are processed by Apple. The Consumers' right of withdrawal (§ 6) remains unaffected.

(7) The right of both parties to terminate for good cause remains unaffected.

§ 6 Right of Withdrawal for Consumers

(1) Consumers have the statutory right of withdrawal of 14 days. The withdrawal instructions and the model withdrawal form can be found in Annex 1.

(2) As purchase and payment are processed via Apple, the withdrawal can also be declared to Apple via the channels provided there (“Report a Problem”). A withdrawal declared to the Provider is forwarded by the Provider to Apple for reversal.

§ 7 AI Results — Notes and Disclaimer of Liability

(1) Labelling. The App uses artificial intelligence systems (image and voice recognition). AI Results are labelled as such in the App. Measurements, recognised objects, quantities, texts and calculations are generated automatically.

(2) Nature of the results. AI Results are estimates and decision aids. They are not a binding cost estimate, not a measurement, not an offer by the Provider and not an assurance of accuracy, completeness or conformity with market standards.

(3) User's duty to check. The User checks and corrects all AI Results — in particular dimensions, areas, quantities, items, prices, totals, tax rates and invoice details — professionally before using them vis-à-vis third parties (customers, clients, authorities). Quotations, cost estimates and invoices created by the User are exclusively declarations of the User.

(4) Liability for AI Results. The Provider is not liable for damage arising from incorrect or incomplete AI Results, in particular from measurement, recognition or calculation errors, from incorrect price lists of the User or from a failure to check by the User. Liability under § 10 para. 3 sentence 1 (intent, gross negligence, injury to life, body or health, guarantee, product liability) remains unaffected.

(5) Tax and legal information. The App does not provide tax or legal advice. Compliance with the requirements for invoices (e.g. § 14 UStG, e-invoicing), price indications and contract law is the sole responsibility of the User.

§ 8 User Content

(1) User Content remains the property or legal possession of the User. The Provider acquires no rights to it and, in the absence of server processing, has no access to it.

(2) The User alone is responsible for the lawfulness of the User Content, in particular that

(3) The User indemnifies the Provider against claims by third parties based on unlawful use of the App or unlawful User Content, including reasonable legal costs. In relation to Consumers, this applies only insofar as the Consumer is responsible for the infringement.

§ 9 Licence and Intellectual Property

(1) For the duration of the usage contract, the Provider grants the User a simple, non-exclusive, non-transferable and non-sublicensable right to install and use the App on Apple devices that the User owns or controls, in accordance with the Apple usage rules. Entrepreneurs may use the App within the scope of their business; Family Sharing and volume licensing are governed by Apple's rules.

(2) The following are prohibited in particular: reproduction beyond installation, distribution, rental, making available to the public; decompiling, disassembling or reverse engineering, unless §§ 69d, 69e UrhG mandatorily permit this; removal of protection or labelling mechanisms; extraction or use of the AI models loaded into the App outside the App; use of the App for unlawful purposes.

(3) All rights to the App, its code, design, its trademarks and its documentation remain with the Provider or its licensors. The AI models and open-source components used are subject to their respective licences; an overview can be accessed in the App.

(4) The “Costio” trademark as well as the Provider's logos and marks may not be used without written consent. In generated PDF documents, the User uses exclusively their own marks.

§ 10 Warranty and Liability

(1) In relation to Consumers, the statutory provisions on consumer contracts for digital products (§§ 327 et seq. BGB) apply to defects of the App, including the update obligation under § 327f BGB.

(2) In relation to Entrepreneurs, the App is provided in the condition described at the time the contract is concluded. Claims for defects become time-barred within twelve months of provision; this does not apply in the case of intent, fraudulent concealment or the assumption of a guarantee. A specific recognition or calculation accuracy of the AI features is not agreed as a quality characteristic.

(3) Limitation of liability. The Provider is liable without limitation in the case of intent and gross negligence, for damage arising from injury to life, body or health, in the case of fraudulent concealment, the assumption of a guarantee and under the Product Liability Act. In the case of slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(4) In relation to Entrepreneurs, liability under para. 3 sentence 2 is limited per claim to the remuneration paid for the current subscription term; liability for lost profit, lost orders and indirect damage is excluded in the case of slight negligence. Liability for data loss is limited to the restoration effort that would have arisen had the User carried out proper, regular data backups.

(5) The foregoing limitations also apply in favour of the Provider's legal representatives, employees and vicarious agents.

§ 11 Availability

(1) The App works locally on the User's device. The Provider does not operate any services whose availability it owes; no availability commitment is given.

(2) The availability of the App Store, the model download (Hugging Face) and the weather feature (Open-Meteo) is outside the Provider's sphere of influence. The Provider may change the source of the AI models; the Privacy Policy will be adjusted accordingly.

(3) The Provider is not obliged to further develop the App for earlier iOS versions or devices; the update obligation towards Consumers under § 327f BGB remains unaffected.

§ 12 Data Protection

The processing of personal data in connection with the App is described in the Costio Privacy Policy, available at https://schwarzerregen.de/en/costio-datenschutz.html. It is not part of these terms of use, but information pursuant to Art. 13 and 14 GDPR.

§ 13 Changes to the Terms of Use

(1) The Provider may change these terms of use with effect for the future if this is necessary due to a change in the legal situation, case law, Apple's requirements, the technical circumstances or the range of features, and the User is not thereby unreasonably disadvantaged.

(2) Amended terms of use are displayed to the User in the App before they take effect and apply only once the User expressly agrees to them there. If the User does not agree, the previous terms of use continue to apply for the current subscription term; both parties may end the contract at the end of the current term.

(3) Changes to the App itself in relation to Consumers are governed by § 327r BGB.

§ 14 Applicable Law, Place of Jurisdiction, Dispute Resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to Consumers with their habitual residence in another state, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their state of residence.

(2) If the User is a merchant, a legal person under public law or a special fund under public law, or if they have no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the Provider's registered office.

(3) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Additional Provisions for the Apple App Store

(1) Contracting parties. This contract is concluded exclusively between the User and the Provider, not with Apple. The Provider — not Apple — is solely responsible for the App and its content.

(2) Scope of licence. The licence under § 9 is non-transferable and limited to Apple devices that the User owns or controls, within the usage rules of the Apple Media Services Terms; Family Sharing and volume licensing are permitted insofar as provided for there.

(3) Maintenance and support. The Provider is solely responsible for maintenance and support of the App, insofar as an obligation to do so exists or the applicable law requires it. Apple has no maintenance or support obligation. Support: kontakt@schwarzerregen.de.

(4) Warranty. The Provider is solely responsible for any warranty claims. If the App does not conform to an applicable warranty, the User may notify Apple thereof, and Apple will refund the purchase price paid, if any; beyond that, Apple has no warranty obligation to the extent permitted by law. All other claims, losses, liabilities, damages, costs or expenses arising from any non-conformity are the sole responsibility of the Provider.

(5) Product claims. The Provider — not Apple — is responsible for claims of the User or third parties in connection with the App or its possession and use, including product liability claims, claims for non-compliance with legal requirements and claims under consumer protection, data protection or similar law.

(6) Intellectual property. In the event of third-party claims that the App or its possession and use infringe intellectual property rights, the Provider alone is responsible for investigation, defence, settlement and discharge.

(7) Legal compliance. The User represents that they are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as “supporting terrorism”, and that they are not listed on any US Government list of prohibited or restricted parties.

(8) Third-party terms. When using the App, the User complies with the applicable terms of third parties (e.g. licence terms of the AI models, terms of use of Open-Meteo).

(9) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this contract. Upon acceptance of these terms of use, Apple obtains the right — and is deemed to have accepted that right — to enforce these terms of use against the User as a third-party beneficiary.

(10) Provider details. The name and address of the Provider as well as the contact details for complaints, enquiries and claims are set out in § 1 para. 2.

§ 16 Final Provisions

(1) Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected. In relation to Entrepreneurs, the statutory rule takes the place of the invalid provision.

(2) The Provider may transfer rights and obligations under this contract to a legal successor; the User is informed thereof and may, in the event of a deterioration of their legal position, terminate at the end of the current subscription term.

(3) The contract text is not stored by the Provider. The User can access and save these terms of use at any time in the App and at schwarzerregen.de.

(4) The contract language is German.

★ Annex 1 — Withdrawal Instructions for Consumers

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Schwarzer Regen GmbH, Schlatzendorf 19, 94234 Viechtach, Germany, e-mail kontakt@schwarzerregen.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, although it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed about your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

If you requested that the service should begin during the withdrawal period, you shall pay us an amount which is in proportion to the services provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract, compared with the full coverage of the services provided for in the contract.

As payments are processed via Apple, the reimbursement is made via Apple to the means of payment used in the original transaction.

Model Withdrawal Form

(If you want to withdraw from the contract, please complete this form and return it.)

To: Schwarzer Regen GmbH, Schlatzendorf 19, 94234 Viechtach, Germany, e-mail kontakt@schwarzerregen.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: Costio subscription

Ordered on (*)/received on (*): ____________

Name of consumer(s): ____________

Address of consumer(s): ____________

Signature of consumer(s) (only if this form is notified on paper): ____________

Date: ____________

(*) Delete as appropriate.