Terms of use

When these Terms change, this section names what has changed compared with the previous version. The text of the Terms governs.

Section 1 Scope and contracting party

(1) These Terms govern the use of miphu: the apps for iPhone, iPad and Mac, the Web App and the services SwiftLabs operates for them, including the interface for AI apps.

(2) The provider and contracting party is

SwiftLabs UG (haftungsbeschränkt)Schanzenstraße 19, 90478 Nürnberg, GermanyCommercial register: Amtsgericht Nürnberg, HRB 46502represented by its managing director Felix StraubPhone: +49 911 49529681 · Email: hello@miphu.com
("SwiftLabs")

(3) Part A applies to everyone, Part B governs the contract with the Customer, Part C the licence for the apps and the terms Apple requires for the App Store; Part C applies to every user of the apps. Annex 1 and the data processing agreement form part of these Terms. The information under Art. 26 of Regulation (EU) 2023/2854 (Data Act) is on the page named in section 11(7).

(4) The Customer's own general terms and conditions do not apply, even if SwiftLabs does not expressly object to them.

(5) For companies with more than 50 accesses, SwiftLabs concludes a separate contract. Where it deviates from these Terms, it prevails.

Section 2 Definitions

• Customer: the company for which a company account exists in miphu.
• Owner: the person who purchases the Subscription for the Customer and holds the company account as owner.
• Administration: Users to whom the Customer has given the role "Verwaltung" (Administration) in miphu.
• User: every natural person with an access to miphu, including the Owner.
• Access: a User's personal sign-in to a company account.
• Customer Data: all content that the Customer or its Users enter into, upload to or create with miphu, for example customers, contacts, quotes, invoices, documents, personnel data and working times.
• Subscription: the auto-renewable subscription for miphu purchased on Apple's App Store (section 7) or concluded in the Web App through Stripe (section 7a), including a free trial under section 6.
• Web App: miphu in the browser of a computer at app.miphu.com.
• Data Export: the archive of all exportable Customer Data under section 11(1).
• Apple: Apple Inc. and its affiliates that operate the App Store.
• Stripe: Stripe Payments Europe, Limited, Ireland, through which SwiftLabs bills the Subscription in the Web App, and its affiliates.

Section 3 Businesses only

(1) miphu is offered exclusively to businesses (Unternehmer within the meaning of section 14 of the German Civil Code, BGB), legal entities under public law and special funds under public law. Outside Germany, this applies correspondingly to persons acting in the course of their trade, business or profession when entering into the contract. Consumers cannot enter into a contract for miphu.

(2) Whoever purchases the Subscription confirms that they act for a business and are authorised to represent it in this contract. In the Web App, they expressly declare this before the purchase and state the company's name and legal form; without these details, the purchase is not possible. SwiftLabs stores the declaration with its version and the time.

(3) SwiftLabs may at any time request proof of business status, for example a register extract, a trade registration or a VAT identification number. If it is not provided within 14 days, SwiftLabs may terminate the contract under section 20(3).

(4) Rights that Apple grants purchasers on the App Store under its own terms remain unaffected (section 7(2)).

Section 4 Services

(1) SwiftLabs provides miphu to the Customer as software for use over the internet. The scope of functions follows from the description in the app and on miphu.com/features current at the time the contract is concluded.

(2) miphu is not payroll and not legal or tax advice. Functions such as the bookkeeping with balance sheet and profit and loss account, tax report and export for tax audits, electronic invoicing, the export in DATEV format, the payroll preparation, time recording and the financial forecast are tools; miphu does not check whether their use meets the Customer's obligations (section 13). The payroll preparation and the payroll journal calculate no pay; the payroll journal takes over the result of a payroll run. miphu files no tax returns; the Customer transfers the figures miphu prepares for them itself. Outside Germany, the balance sheet and the profit and loss account are a report, not annual accounts under the law of the country. miphu executes no payments and retrieves no transactions from banks; from a bank statement a User imports, miphu suggests matches, and nothing is posted until a User or an AI connection confirms them. Recorded payments are records, the financial forecast is planning. Online payment of invoices is a contract between the Customer and Stripe; miphu passes invoice data and the Customer's instructions to Stripe and holds no money. miphu sends nothing to the Customer's customers, suppliers or applicants or to senders of its inquiry form: no quotes, invoices, dunning notices, purchase orders, requests for quotation or delivery notes, no replies to tickets and no acknowledgement of receipt of a withdrawal; what a User sends by email, they send from their own mail program. Hints shown by miphu are based on fixed rules for the country set in miphu; they are not complete and are not a legal assessment. If Spain or Portugal is entered as the company's country, miphu issues no invoices and no cancellation invoices; the Customer does not use miphu to issue invoices for a permanent establishment there.

(3) miphu requires an internet connection and a supported Apple device running a supported operating system version, or, for the Web App, a supported browser on a computer.

(4) SwiftLabs develops miphu further and may change, add or replace functions, provided the functions essential to the contract are preserved and the change is reasonable for the Customer. If a function essential to the contract is removed, SwiftLabs announces this in text form at least 30 days in advance.

Section 5 Account, company account and accesses

(1) Every User needs their own Access; the information they give at sign-up must be accurate. An account belongs to exactly one company.

(2) The Owner and Users authorised by the Customer create Accesses, assign roles and rights and deactivate and delete Accesses. A User's title, rank and department grant no rights.

(3) The Customer decides who receives an Access and keeps Accesses up to date, in particular when employees leave. Credentials must be kept secret and must not be shared. The Customer ensures that its Users comply with these Terms.

(4) miphu does not provide for a change of Owner.

Section 6 Trial period

(1) A Subscription on the App Store may start with a free trial of one month that Apple grants as an introductory offer. Whether and to whom it is offered follows the rules of the App Store, which shows it before purchase. The trial is part of the Subscription: unless it is cancelled in time before the trial ends, in the subscription settings of the Apple Account, it converts into the paid Subscription. SwiftLabs grants no trial of its own for the App Store.

(2) A Subscription through Stripe (section 7a) starts with a free trial of one calendar month if the Owner's account has not yet belonged to a company account; the Web App shows before conclusion whether it is granted. The payment method is stored at conclusion. Unless the Subscription is cancelled before the trial ends, it converts into the paid Subscription, and the first month is charged at the end of the trial. An entry package (section 7a(7)) comes without a trial.

(3) Customer Data entered during the trial is real data. The contract and the data processing agreement apply from the creation of the company account (section 20(1)). If the Subscription ends during the trial, section 8 applies.

Section 7 Subscription and payment through Apple

(1) Use requires a Subscription that the Owner concludes before the company account is created (section 20(1)): in the app through the App Store under this section, or in the Web App through Stripe under section 7a. There is no company account without a Subscription. Packages are available for 1, 5, 10, 25 and 50 Accesses. Each Subscription period lasts one month; there is no annual term, for the entry package see section 7a(7). For a purchase on the App Store, the price shown by the App Store in local currency before purchase applies.

(2) Apple handles purchase, payment, invoicing, renewal, cancellation and refund of the Subscription on the App Store under the Apple Media Services Terms and Conditions. SwiftLabs receives no payment data and can neither cancel nor refund subscriptions on the App Store. Refunds are requested from Apple, which decides on them.

(3) The Subscription on the App Store renews every month until it is cancelled in the subscription settings of the Apple Account. Cancellation takes effect at the end of the current billing period; miphu remains usable until then. Deleting the company account or the app does not cancel the Subscription.

(4) Every active Access counts, including the Owner's; deactivated Accesses do not count. A new Access requires a free place in the package. Employees purchase nothing and need no access to the Owner's Apple Account.

(5) The package can be changed in the app or in the subscription settings of the Apple Account; when a change takes effect follows the rules of the App Store. If, after a change, the Customer has more active Accesses than places, nobody is deleted and no data is lost. Until surplus Accesses are deactivated or a larger package is purchased, all Users can read data but not change it, not even through AI apps.

(6) Price changes for existing subscriptions on the App Store are handled through the App Store; Apple informs about an increase and obtains consent where this is required. If Apple cannot bill a renewal, miphu remains usable during a grace period granted through Apple.

Section 7a Subscription and payment through Stripe

(1) In the Web App, the Owner concludes the Subscription through Stripe. The Owner enters the payment details on Stripe's pages; SwiftLabs does not receive them. Payment is by card or SEPA Direct Debit.

(2) The Web App offers conclusion through Stripe only for the countries and areas it names before conclusion; it does not name countries and areas under section 15a. The country of the address the Owner gives when setting up the company governs, and, where the Web App asks for it, the region. If it is in a member state of the European Union other than Germany, conclusion requires a VAT identification number of that state. In the countries outside the European Union for which the Web App shows this before conclusion, conclusion requires a tax or register number of the company.

(3) The price the Web App names for the package before conclusion applies, in the currency it states. Prices are net prices. For a company in Germany, German VAT is added; a company in another member state of the European Union owes the VAT itself (reverse charge). For a company outside the European Union, SwiftLabs charges no German VAT; the Customer declares any tax in its own country under the law there, unless SwiftLabs is registered there and the Web App shows otherwise before conclusion.

(4) The Subscription renews every month until it is cancelled. The price is charged for each month in advance and collected with the stored payment method. SwiftLabs issues the invoices through Stripe; the Owner finds them in Stripe's customer portal, which the Owner opens in the Web App under Settings, Billing. The Customer agrees that SwiftLabs provides the invoices electronically as PDF files.

(5) The Owner may cancel the Subscription at any time in the Web App under Settings, Billing or in Stripe's customer portal, to the end of the current month; miphu remains usable until then, and until then the Owner can withdraw the cancellation. There is no pro-rata refund for the rest of the month. If the Owner deletes their account and with it the company account (section 12(2)), SwiftLabs ends the Subscription through Stripe at once, without a pro-rata refund and without a final invoice; nothing is collected after that.

(6) A larger package applies immediately. Stripe charges the pro-rata price for the rest of the current month immediately; the additional places are available as soon as that invoice is paid. A smaller package applies from the next month; from the change onwards, new Accesses are only possible within the smaller package. Section 7(4) and section 7(5) sentences 2 and 3 apply accordingly. For the miphu Cloud add-on, which the Owner books in the Web App as part of the same Subscription, this subsection and subsections 3 to 5 apply accordingly.

(7) If SwiftLabs' sales team offers the Customer an entry package, it comprises 6 or 12 months of a package and is paid in advance at conclusion, at the price under subsection 3 for each of these months. Months SwiftLabs gives free appear as a separate item on the invoice. The offer applies to the email address and the country for which it was issued, and until the day it names. After the entry package, the Subscription renews under subsection 4. A cancellation takes effect at the earliest at the end of the entry package; there is no refund for unused months.

(8) If a payment due cannot be collected, paid use ends at the end of the paid period; there is no grace period. If Stripe collects it later, miphu is usable again. If SwiftLabs refunds the payment for the current period or it is charged back, paid use ends immediately, in the case of a chargeback until it is resolved.

(9) A company account is billed either through the App Store or through Stripe, never through both. SwiftLabs sets up a switch on request to hello@miphu.com; it is not possible in the app or in the Web App. When switching from Stripe to the App Store, SwiftLabs refunds the unused time with Stripe pro rata.

Section 8 End of paid use and lock

(1) If the Subscription ends, including during the trial, for example through cancellation, an unresolved billing problem after a grace period granted through Apple or under section 7a(8), a refund, a chargeback or a revocation by Apple, the company account is locked. Users other than the Owner, including the Administration, can then no longer use miphu, not even to read; connected AI apps receive no more data, and working time cannot be recorded, added or corrected. These Users can sign out and view and revoke their own AI app connections, the Administration also those of the company.

(2) During the lock, the Owner can still sign in and exclusively

1. purchase a package or restore an existing Subscription,
2. create and download a Data Export (section 11(1)),
3. view and deactivate Accesses, revoke AI app connections and change the company's address, and
4. delete their account and with it the company account (section 12(2)).

(3) After the Subscription ends, Customer Data is retained for 90 calendar days, but at least for 30 calendar days after the email under sentence 2, and can be exported under subsection 2 during that time. SwiftLabs informs the Owner by email that the Subscription has ended and reminds the Owner again before this period expires, the last time 7 days before. The company account is then archived and kept for 30 calendar days as after a deletion by the Owner (section 12(3)); afterwards the Customer Data, including issued invoices, receipts and working time, is deleted under section 12(4) and (5). The Owner's account remains.

(4) If the Owner purchases a package before the period ends, the lock is lifted and the Customer Data is available unchanged.

Section 9 Availability, maintenance and support

(1) SwiftLabs operates miphu with the care of a prudent businessperson. SwiftLabs does not commit to a specific availability unless separately agreed.

(2) SwiftLabs schedules planned maintenance for periods of low use where possible. Urgent security measures may be taken without notice.

(3) SwiftLabs is not responsible for disruptions caused outside its sphere of control, in particular on the internet outside the data centres used by SwiftLabs, at Apple, at Stripe, at connected AI apps or on the Customer's devices.

(4) Support is available by email to hello@miphu.com in German and English.

(5) Operating miphu includes SwiftLabs detecting and fixing errors in it. For this, the servers and the web app report errors to SwiftLabs as described in the privacy policy.

Section 10 Customer Data

(1) Customer Data belongs to the Customer. SwiftLabs acquires no rights to it beyond what is necessary to provide miphu. SwiftLabs does not use Customer Data for its own purposes, does not sell it and does not use it to train AI models.

(2) SwiftLabs processes personal data contained in Customer Data on the Customer's behalf under the data processing agreement. The Owner concludes it for the Customer together with this contract (section 20(1)). The Customer is responsible for the lawfulness of the processing (section 13).

(3) SwiftLabs backs up the database continuously in order to restore the service after an incident. Backups are deleted after no more than 90 days (section 12(5)). The backups are not intended for recovering individual entries the Customer has deleted or changed.

Section 11 Export, switching and retention

(1) The Customer can download all exportable data listed in Annex 1 at any time, itself and free of charge, using the Data Export of the app or the Web App, in a structured, commonly used and machine-readable format (Art. 30(5) Data Act). The following applies:

1. Content and format. The Data Export is a ZIP archive with every dataset under Annex 1 Part 1 as JSON and CSV, the associated files, a JSON Schema per dataset and a manifest with the SHA-256 checksum of every entry and the list of what is excluded (Annex 1 Part 2). The format is described in the register under subsection 7.
2. Who may export. The Data Export can be created and downloaded by the Owner, including during a lock under section 8, and, while the Subscription runs, by Users of the Administration with the sales and finance rights; their Data Export does not contain what Annex 1 assigns to the Owner only. Other Users and AI apps cannot create a Data Export.
3. Provision. When the Data Export is ready, the User who started it receives an email without Customer Data with a link into the app. The Data Export can be downloaded for seven days; SwiftLabs then deletes the file.
4. Repetition. As long as the Customer Data exists, a new Data Export can be created at any time, one at a time and, per company account within 24 hours, no more than one with files and no more than five with the data only.

If the Data Export cannot be used in the app, for example because an archive exceeds the technical size limit, SwiftLabs provides the exportable data free of charge on request in text form by a secured route, not as an email attachment.

(2) The Customer may at any time request in text form to switch to another provider or to its own infrastructure, or to have its exportable data erased. There is no notice period for initiating the switch. When notifying a switch, the Customer names the new provider where necessary.

(3) After the request, a transitional period of no more than 30 calendar days applies. During it, SwiftLabs

1. provides reasonable assistance to the Customer and third parties authorised by it in the switching process and provides the relevant information,
2. continues to provide the contractual services with due care,
3. provides information on known risks to the continuity of the services, and
4. maintains a high level of security, including during the transfer of the data.

If the transitional period is technically unfeasible, SwiftLabs notifies the Customer within 14 working days of the request, gives reasons and indicates an alternative period of no more than seven months. The Customer may extend the transitional period once for a period of its choosing. The Data Export under subsection 1 remains available to the Owner during the transitional period and the retrieval period, even if the Subscription ends during that time.

(4) The transitional period is followed by a retrieval period of at least 30 calendar days during which the Customer can retrieve its exportable data.

(5) The contract is deemed terminated

1. upon successful completion of the switch, or
2. upon receipt of the request, if the Customer does not wish to switch but to have its data erased; section 12 then applies.

SwiftLabs notifies the Customer of the termination. In the case of item 1, after the retrieval period all exportable data and digital assets generated by the Customer or relating directly to it are fully erased under section 12(4) and (5).

(6) SwiftLabs charges no fees for switching.

(7) SwiftLabs describes the data formats, data structures and standards of the exportable data in an up-to-date online register at miphu.com/data-formats (Art. 26 Data Act).

(8) miphu is not an archive for the Customer's statutory retention obligations (section 13(1) item 3). After deletion, SwiftLabs does not keep Customer Data for the Customer.

(9) If a tax authority requests access under section 147(6) AO to Customer Data held by SwiftLabs, SwiftLabs supports the Customer.

Section 12 Deletion

(1) The Owner can delete their account in the app or in the Web App, including during a lock under section 8, and confirms this with their password and, if two-factor authentication is set up, also with the code. Their Access ends immediately: sessions, AI app connections and open sign-in links end. SwiftLabs confirms the deletion by email and states the day of final deletion. The Accesses of other Users are managed by the Customer; the Owner and the Users authorised for it delete them in miphu (section 5(2)). If another User requests the deletion of their Access, they address the request to the Customer; if the request reaches SwiftLabs, SwiftLabs forwards it to the Customer (section 8(2) of the data processing agreement).

(2) If the Owner deletes their account, the company account is closed at the same time; the Owner additionally confirms this with the exact company name. The Access of all of the Customer's Users ends immediately, and all AI app connections are revoked. This does not end the Subscription with Apple (section 7(3)); SwiftLabs ends a Subscription through Stripe at the same time (section 7a(5)). After the period under subsection 3 has expired, SwiftLabs deletes all Customer Data, including issued invoices and receipts; whatever the Customer must retain it exports beforehand (section 13(1) item 3).

(3) After deletion, SwiftLabs keeps the account and, in the case of subsection 2, the Customer Data unchanged and locked for all Users for 30 calendar days. In the case of subsection 2, the Owner can still sign in during this period to create and download a Data Export. Within this period, the deletion can be reversed on request to hello@miphu.com; ended sessions and AI app connections stay ended, and a Subscription through Stripe that ended with the deletion does not resume.

(4) After the 30 days, SwiftLabs automatically deletes

1. in the case of subsection 2, all Customer Data of the company account and the company's name, address, tax and bank details, and
2. the account's email address, password and profile photo, and in the case of subsection 2 also its name.

What remains is an entry of the company account without these details, the account without the details under item 2 that entries the User created in other company accounts refer to, and the records under subsection 7.

(5) Backups are deleted after no more than 90 days. Data deleted under subsection 4 is therefore finally deleted no later than 120 days after the deletion in the app. Until then it is protected against access in the backups and used only to restore the service as a whole.

(6) If the Customer deletes a User's Access, entries the User created for the Customer and data the Customer keeps about them, such as personnel data, working times and entries in the change log, remain Customer Data of the Customer.

(7) Records SwiftLabs keeps for its own purposes are not affected by deletion: the acceptances of these Terms and of the data processing agreement with version and time, the records of subscriptions and payments on the App Store and through Stripe for its own bookkeeping, and the record of the deletion with its final deletion date.

(8) Independently of deleting an account, the Owner and authorised Users can delete individual customers, contacts, leads and the personnel record of a person without an Access permanently; an entry deleted permanently cannot be restored. Where issued business documents, documents the document store holds or imported business history belong to a customer, contact or lead, miphu allows only archiving and, for a contact, removing their personal data. miphu never deletes recorded working time on its own; a personnel record with working time can be deleted only once the retention the Customer has set in miphu has expired. miphu does not recognise other reasons to retain an entry, including for the pay in a personnel record; the Customer checks them (section 13(1) item 3).

Section 13 Customer obligations

(1) The Customer decides itself how it uses miphu in its business and is responsible for the obligations that apply to it in doing so, regardless of whether miphu points them out. This applies in particular to

1. data protection: the legal basis of the processing, informing the data subjects, such as its customers, contacts and employees, applicants and the senders of its inquiry form, deleting applications miphu proposes for deletion after the period set, and consents, for example before it lifts an entry on the do-not-contact list or gives a recipient's email address and phone number to a carrier; if it is established outside the European Union, also the lawfulness of transferring the Customer Data to SwiftLabs in Germany;
2. taxes, invoices and books: the correct content and tax treatment of invoices, quotes, dunning notices, prices and exports, including the drafts, amounts and tax rates miphu suggests, such as service date, mandatory particulars, dunning fees and interest, the obligations on electronic invoicing in its country, the tax on distance sales, the correctness of its books, accounts and tax returns, including the postings, accounts and matches miphu suggests or posts itself, the propriety of its bookkeeping including its procedural documentation, and aligning its bookkeeping and exports with its tax adviser; miphu validates electronic invoices against the technical validation rules, not the tax treatment;
3. retention: retaining its records, for example under section 147 of the German Fiscal Code (AO), section 257 of the German Commercial Code (HGB), section 14b of the German VAT Act (UStG), section 41 of the German Income Tax Act (EStG), section 16(2) of the German Working Hours Act (ArbZG) or section 17 of the German Minimum Wage Act (MiLoG), including exporting and storing them before the contract ends or before a deletion, checking the retention periods miphu presets, and deciding whether it may destroy paper after scanning it;
4. obligations as an employer: compliance with working-time law, recording working time, informing its employees and involving a works council or other representation of its employees to the extent the law applicable to it requires, in particular to the extent miphu is suitable for monitoring conduct or performance, for example through time recording, shift planning, the change log, accesses to documents or AI connections;
5. links and keys: deciding what it shares through links for customers, calendar links and other links with a key, and keeping them secret; anyone who knows such a link can retrieve it without signing in;
6. AI connections: the lawfulness of the transfer to the provider of an AI app, the contracts with that provider and, before AI connections read personnel data or other people's working time or enter absences, a legal basis, including where information falls under Art. 9 GDPR or is transferred to a third country, and a data processing agreement with the provider (section 14);
7. contracts with its customers: the content and form of its quotes and contracts and its obligations towards consumers, such as mandatory information, information on the right of withdrawal, confirmation of the contract and the acknowledgement of receipt of a withdrawal, also where a customer accepts or withdraws through a link from miphu; acceptance through a link does not satisfy a statutory requirement of written form.

(2) The Customer checks results of miphu and of AI apps before relying on them.

(3) The Customer keeps the devices, operating systems and apps its Users use for miphu up to date and protects them against unauthorised access.

(4) The Customer regularly exports the Customer Data it needs for its own purposes or retention obligations.

(5) The Customer notifies SwiftLabs without undue delay if it notices misuse of Accesses or a security vulnerability.

(6) Section 14(11), section 18(4) sentence 2 and section 19 remain unaffected.

Section 14 Connecting AI apps

(1) Users can connect AI apps of other providers, for example Claude or ChatGPT, to miphu. A connection only comes into existence through the User's express approval with their own Access. The AI app reads only what the User may see in miphu and has approved for the connection (subsection 7), never credentials or payment methods. It reads the company's settings with its bank and tax details, even without a selected area, the Accesses with their roles and rights and the do-not-contact list only if the User is the Owner or belongs to the Administration, and never the reason of an entry on the do-not-contact list. It receives the company's logo with the company colour and sender details even without a selected area. It reads documents with their text and file only if the Owner or the Administration has switched on "AI connections may read documents" and the connection has the area "Documents"; never confidential or restricted documents or those in the trash, and personnel papers only with the area "Personnel" under subsection 1a. From the level "Write" upwards, it also uploads files of up to 4 MB as documents with the area "Documents", never as personnel papers. It reads working time with the area "Working time", as far as the User may see it in miphu, and for a customer or order the total of the recorded hours without the persons, for an order also the time not yet invoiced with person, day and duration. With the area "Scheduling", it reads shifts and, notwithstanding subsection 1a, requested and approved absences with their period, only as holiday or absence, without type and note. With the area "Team", notwithstanding subsection 1a, it reads the User's own absences and those it enters for others.

(1a) The AI app reads personnel data only if the Owner has switched on "AI connections may read personnel data" and the connection has the area "Personnel", and only as far as the User may see it in miphu: personnel records and absences, applications with their papers, pay, the payroll preparation and the payroll journal. Absences, personnel and application papers can contain health data, and the payroll journal, through church tax, religious affiliation.

(2) The settings under subsections 1 and 1a are off by default; if one is switched off, all connections of the company lose the area at once. The Owner can switch off connections for the entire company. Every connection can be revoked in miphu at any time.

(3) What the AI app reads is received by its provider. The provider processes it under its own terms and according to the settings of the account the User holds with it, including whether content is used for training. The contract for the AI app exists between the User or Customer and that provider. SwiftLabs is not a party to it and is not responsible for the provider's processing, availability or results.

(4) The Customer decides whether and with which AI access (subsection 8) its Users connect AI apps and whether connections may read documents and personnel data; its obligations in doing so are governed by section 13(1) item 6. It ensures that its Users protect their accounts with the providers of AI apps against unauthorised access. It prevents absences in the area "Scheduling" by restricting the AI access of those who plan (subsection 8) or by switching scheduling off, and other people's working time by restricting the AI access of the Users who may see it.

(5) Answers from an AI app may be wrong, and so may what it does through a connection. What it issues, confirms, posts, cancels or deletes takes effect as in the app.

(6) SwiftLabs logs calls and changes through a connection under section 12(5) of the data processing agreement.

(7) When approving, the User chooses the connection's scope, "All areas" or selected areas, and its level: "Read", "Write" or "Full". With "All areas", the connection has every area the User may approve at the time, including one the User may only approve later. In the level "Read", the AI app cannot change anything. The User sets scope and level for each of their connections themselves in miphu and can change them at any time; the AI app cannot choose them. When a connection is approved with "Write" or "Full" or its level is raised, the User receives an email.

(8) The Owner sets for each User the highest level at which they may connect AI apps, or that they may not connect any (AI access); Users of the Administration can set this for Users without that role, up to their own AI access at most. New Users start with "Read"; the Owner's AI access is always "Full". A connection can never do more than its User's AI access allows: if it is lowered, this applies to their connections at once; if it is withdrawn, they end.

(9) In the level "Write", the AI app can, with the tools miphu provides to it, create and change entries and carry out transactions, for example issue quotes and invoices, confirm orders, record payments, record journal entries, import bank statements and match transactions, review expenses, place purchase orders, post stock, request or record absences including sick reports and, within the rights, enter them for others, approve, reject or withdraw them. In the level "Full", it can also delete and archive entries, discard drafts, cancel or abandon business documents, postings and transactions, close accounting periods, move documents to the trash and back, remove the personal data of a contact or customer and create exports in DATEV format and for the bookkeeping; if its User is the Owner or belongs to the Administration, it also changes, in this level, the company's settings with its bank and tax details, Accesses, rights and departments and the do-not-contact list. It does not delete issued business documents but cancels them as in the app. It changes personnel data other than absences only under the conditions of subsection 1a. If it creates an Access or sends an invitation again, miphu sends the invitation. It acts with its User's rights and, except for an import from a spreadsheet of the User, only in the connection's areas. It is never possible through a connection to change AI access and the settings for AI connections, the subscription and recorded working time, to delete Accesses, to finally delete customers, contacts, leads or personnel records, to create a Data Export or, except for the invitation, to send anything through miphu.

(10) As between SwiftLabs and the Customer, whatever an AI app does through a connection in the level "Write" or "Full" is treated like an action of the User who approved the connection. This also applies if an unauthorised person uses the connection through the User's account with the provider of the AI app, unless SwiftLabs is responsible for the unauthorised use. The Customer is responsible for what its AI connections do.

(11) SwiftLabs remains responsible for ensuring that a connection can act only within subsections 7 to 9 and respects the separation of companies, that miphu validates input and transactions through a connection in the same way as in the app, and that the descriptions of the tools miphu provides to the AI app are accurate. Subsection 10 does not apply to an action that was only possible because SwiftLabs breached one of these obligations. Liability is governed by section 19.

Section 14a Calendar subscription

(1) If the Owner has switched on calendar subscriptions (off by default), a User can create a calendar link with which a calendar app subscribes to their dates from miphu: open tasks assigned to them, their published shifts and deadlines of contracts they are responsible for, only as far as they may see them in miphu and without personnel data, absences, notes and amounts. Nothing can be changed through the calendar.

(2) The User can revoke or replace the link at any time. It ends when the User's Access is deactivated or deleted or the Owner switches calendar subscriptions off; during a lock under section 8, it delivers no data. What the calendar app retrieves is received by its provider under its own terms; SwiftLabs is not its contracting party. The Customer's obligations are governed by section 13(1) items 1 and 5.

Section 14b Sendcloud and Shopify

(1) If the Customer connects its own account with Sendcloud, miphu creates shipping labels through that account on a User's instruction and passes Sendcloud the details of the shipment for this. Shipping is a contract between the Customer and Sendcloud and the carriers it uses there; they charge the Customer for what a label costs, including a label created by an AI connection (section 14).

(2) For shops on Shopify, SwiftLabs offers the app "miphu" in the Shopify App Store. If the Customer installs it and connects its shop to miphu, miphu takes over orders, according to the Customer's settings, as customers, orders, invoices, delivery notes and payments and reports stock, shipping and, if the Customer wishes, the link to the invoice to Shopify. What miphu has taken over remains Customer Data in miphu, also when the Customer disconnects or removes the app. miphu moves no money in doing so.

(3) SwiftLabs alone is responsible for the app, not Shopify. Shopify is not liable for any fault in the app or for any harm resulting from its installation or use and provides no assistance with it, except where Shopify expressly states otherwise. In relation to Shopify, SwiftLabs alone bears the liability arising from the Customer's use of the app and from access to the shop's data, its use, transfer and storage; towards the Customer, section 19 applies.

(4) The contracts with Sendcloud, Shopify and the carriers, their terms and the lawfulness of transfers to them are the Customer's responsibility (section 13(1) item 1).

Section 15 Usage rules

The Customer and its Users must not

1. use miphu for unlawful purposes or to process data without a legal basis,
2. use it to infringe third-party rights or to distribute malware,
3. probe it for vulnerabilities, load-test it, or circumvent security and rights systems, capacity limits or request limits, without SwiftLabs' prior consent in text form,
4. access it automatically by any means other than the apps and the interfaces provided by SwiftLabs,
5. make it available to or rent it to third parties outside their own company,
6. decompile or reverse-engineer it, except where mandatory law permits it, or
7. use it if the Customer or the User is subject to sanctions that preclude a business relationship with SwiftLabs, or use it predominantly for a company, authority or other body established in a country or area under section 15a.

Section 15a Countries and areas where miphu is not offered

(1) SwiftLabs does not offer miphu to companies, authorities and other bodies established in Russia, Belarus or North Korea, in Crimea including Sevastopol, or in the parts of the Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine that are not under the control of the Ukrainian government. The place of establishment the Owner states when setting up the company governs.

(2) If sanctions or export restrictions prohibit SwiftLabs from offering miphu in a further country or area, paragraph 1 also applies to it. SwiftLabs informs the Owner of an affected Customer in text form.

(3) If a Customer is established in a country or area under paragraph 1 or 2, or moves there, SwiftLabs may terminate the contract under section 20(3). The Owner can create the Data Export under section 11(1) until the contract ends, unless a law or an order prevents it. The Customer informs SwiftLabs in advance of a move there.

Section 16 Suspension for violations

(1) SwiftLabs may temporarily suspend individual Accesses or all or part of the company account if

1. there are concrete indications of a material violation of section 15,
2. an Access poses a threat to the security of the service or of other customers, or
3. an authority or a court orders it or the law requires it.

(2) SwiftLabs chooses the least intrusive effective measure, informs the Owner without undue delay where permitted, and lifts the suspension as soon as its reason ceases to exist.

(3) Customer Data is retained. An export under section 11 remains possible unless a law or order prevents it. The right to terminate for cause remains unaffected.

(4) Anyone who considers content in miphu illegal, for example in documents or links for customers, reports it to hello@miphu.com, stating the reasons, where the content is found, their name and email address and a statement that the information is accurate and complete to the best of their knowledge. SwiftLabs does not review content on its own initiative. A person decides on a report under this section; the reporting person and those affected are informed of the decision and its reasons.

Section 17 Rights in miphu

(1) All rights in miphu, its software, design and trademarks remain with SwiftLabs or its licensors.

(2) For the term of the contract, the Customer receives the simple, non-transferable and non-sublicensable right to use miphu within its package through its Users for the purposes of its business. The licence for the apps is governed by Part C.

(3) Open-source components contained in miphu are subject to their own licences.

Section 18 Defects

(1) Statutory law applies to defects, with the following deviations.

(2) No-fault liability for defects already existing when the contract is concluded (section 536a(1), first alternative, BGB) is excluded.

(3) The Customer reports defects without undue delay in text form with a comprehensible description.

(4) SwiftLabs gives no warranty for services of Apple, Stripe, Sendcloud, Shopify and carriers or of providers of connected AI apps. For hints under section 4(2), SwiftLabs is responsible for miphu applying the rules on which they are based correctly; SwiftLabs does not owe that hints are complete or reflect every obligation of the Customer.

Section 19 Liability

(1) SwiftLabs is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, to the extent of any guarantee given, and for fraudulently concealed defects.

(2) In cases of simple negligence, SwiftLabs is liable only for breach of an essential contractual obligation. An obligation is essential if its fulfilment makes the proper performance of the contract possible in the first place and the Customer regularly relies and may rely on its fulfilment. Liability is then limited to the damage foreseeable and typical for the contract at the time of its conclusion.

(3) Subsections 1 and 2 apply to loss of data. If an export under section 13(4) would have prevented or reduced the damage, this is taken into account under section 254 BGB (contributory fault).

(4) Subsections 2 and 3 also apply to the personal liability of SwiftLabs' officers, employees and vicarious agents.

(5) Claims under subsection 2 become time-barred one year after the statutory limitation period begins.

(6) Claims of data subjects under Art. 82 GDPR remain unaffected.

Section 20 Term and termination

(1) The Owner concludes the contract for the Customer in the purchase flow of the app or the Web App. Directly at the button with which the Owner purchases the Subscription, the app or the Web App states in one line that by purchasing the Owner accepts these Terms and the data processing agreement, and links both texts in a form that can be stored. There is no separate checkbox. SwiftLabs stores the version of both texts and the time of acceptance. The contract begins as soon as SwiftLabs creates the company account after the confirmed purchase, with Stripe after the first paid invoice or the start of the trial, and runs for an indefinite period. Use exists for as long as the Subscription runs.

(2) The Customer may terminate the contract at any time by the Owner deleting their account and with it the company account (section 12(2)) or by notifying SwiftLabs in text form. It additionally cancels the Subscription with Apple (section 7(3)). SwiftLabs cancels a Subscription through Stripe upon the deletion; if the Customer terminates in text form, the Owner additionally cancels it in the Web App (section 7a(5)).

(3) Each party's right to terminate for cause remains unaffected. Cause for SwiftLabs exists in particular if the Customer, despite a warning, repeatedly or materially violates section 15, is not a business contrary to section 3, is subject to sanctions, or is established in a country or area under section 15a.

(4) After the contract ends, section 8(2) and (3), section 11(2) to (5) and section 12 apply.

Section 21 Changes to these Terms

(1) SwiftLabs may change these Terms with effect for the future. The new version is shown to the Owner in the app and in the Web App with a notice and a button; by pressing the button the Owner accepts, and SwiftLabs stores the version and time.

(2) Changes that are exclusively favourable to the Customer are communicated in text form; they apply without acceptance.

(3) Changes to the list of sub-processors follow the data processing agreement. Prices of subscriptions on the App Store change under section 7(6).

(4) If the app or the Web App offers "Later" besides the button for acceptance, it asks again at the next launch. Until the Owner accepts, the previous version continues to apply to the Customer; functions governed only by the new version are available only after acceptance. Both parties' right to terminate the contract (section 20) remains unaffected.

Section 22 Confidentiality

Each party treats non-public information of the other party received under the contract as confidential and uses it only for the contract. This continues after the contract ends. Statutory disclosure obligations remain unaffected.

Section 23 Final provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Nuremberg, Germany. SwiftLabs may also sue the Customer at its general place of jurisdiction.

(3) For Customers established in Germany, Austria, Switzerland or Liechtenstein, the German version is binding; for all other Customers, the English version is binding. The other version is for information.

(4) Notices under these Terms may be given in text form. SwiftLabs sends them to the Owner's email address.

(5) The Customer may transfer rights under this contract only with SwiftLabs' consent; section 354a HGB remains unaffected.

(6) If a provision is invalid, the remainder of the contract remains valid.

This Part contains the minimum terms Apple requires for a custom end-user licence agreement ("Instructions for Minimum Terms of Developer's End-User License Agreement", retrieved 15 September 2026). It applies to everyone who downloads or uses a miphu app from the App Store, including the Customer's employees.

C.1 Parties

This licence agreement is concluded between the User and SwiftLabs only, and not with Apple. SwiftLabs, not Apple, is solely responsible for the apps and their content. Usage rules in this agreement that conflict with the Apple Media Services Terms and Conditions do not apply.

C.2 Licence

SwiftLabs grants the User a non-transferable licence to use the apps on any Apple-branded products that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Other accounts associated with the purchaser via Family Sharing or volume purchasing may also use the apps. Working with miphu additionally requires an Access to a company account.

C.3 Maintenance and support

SwiftLabs is solely responsible for maintenance and support of the apps, to the extent set out in section 9 or required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps.

C.4 Warranty

SwiftLabs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of an app to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the app to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are SwiftLabs' sole responsibility.

C.5 Product claims

SwiftLabs, not Apple, is responsible for addressing any claims of the User or any third party relating to the apps or the User's possession and/or use of the apps, including, but not limited to: (i) product liability claims; (ii) any claim that an app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. This agreement does not limit SwiftLabs' liability to the User beyond what is permitted by applicable law.

C.6 Intellectual property rights

In the event of any third-party claim that an app or the User's possession and use of an app infringes that third party's intellectual property rights, SwiftLabs, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any such claim.

C.7 Legal compliance

The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

C.8 Contact

Questions, complaints or claims with respect to the apps are directed to: SwiftLabs UG (haftungsbeschränkt), Schanzenstraße 19, 90478 Nürnberg, Germany, phone +49 911 49529681, email hello@miphu.com.

C.9 Third-party terms

When using the apps, the User complies with applicable third-party terms, for example their mobile data contract and the terms of the providers of AI apps they connect to miphu.

C.10 Apple as third-party beneficiary

The User and SwiftLabs acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this licence agreement, and that, upon the User's acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against the User as a third-party beneficiary thereof.

C.11 Users who are not the Customer

Towards Users who are not themselves the Customer, in particular the Customer's employees, SwiftLabs is liable in accordance with statutory law. The usage rules in section 15 also apply to them.

Under Art. 25(2)(e) and (f) of Regulation (EU) 2023/2854 (Data Act). Format and provision: section 11(1). Which datasets, columns and files belong to which category is stated in the register under section 11(7) (format version 1).

Part 1 - Categories that can be exported

All data and digital assets the Customer enters into, imports into or creates with miphu are exported, with their metadata, files, settings, rights and logs, unless Part 2 excludes them. Archived entries and documents in the trash are included and flagged; of leads and contacts deleted permanently, the Data Export contains only the identifier and the time of deletion. Insights have no data of their own; they are computed from the exported data.

Part 2 - Excluded data

This list is exhaustive. Which tables and columns fall under which group is stated in the register under section 11(7) and in the manifest of every Data Export. The exclusions do not impede or delay switching: the business facts behind groups 3 to 5 are contained in Part 1.

1. Access and security data. Password hashes, session, access and refresh tokens, one-time codes, the two-factor authentication secret, recovery codes and trusted devices, the keys of AI connections, links for customers, calendar links and product feeds, binding tokens for the App Store, the link to the payment process at Stripe with the details passed to it, the identifier of a Stripe account connected for online payment, the keys and the identifier of a connected Sendcloud account, the access tokens, the identifier and the codes for connecting a shop on Shopify and other cryptographic keys. Disclosing them would endanger the security and integrity of the service (recital 82, Art. 30(6) Data Act).
2. Rate limiting and abuse prevention. Internal counters and budgets with which miphu limits requests and prevents abuse. Reason as in item 1.
3. Server, processing and error logs of the service. Logs, queues and working data with which miphu processes notifications from the App Store, payment providers, Sendcloud and Shopify, deletion runs, uploads and files, imports, notifications and reminders, the product feed, repeated commands, data conversions and the search index, the service's error collection and the full technical reports of the validation tools for electronic invoices. The business facts themselves, the validation receipt of every invoice and the records an import created or changed are exported (Part 1). Reason as in item 1.
4. SwiftLabs' own records of billing and operation. Records with which SwiftLabs evidences which changes to Subscription and seats it applied, which access and storage it granted by hand, which entry packages its sales team offered, which sales it counted for the turnover threshold, and when it deleted and will delete an account or company account. This data is not generated by the Customer's use of the service but arises as SwiftLabs' records for its own bookkeeping and for evidencing its own obligations (Art. 2(38) Data Act, section 12(7)). The state of the Subscription and of granted access itself is contained in Part 1.
5. Set-up before the company account. Details an account records before its company account is created. When the company account is created, they pass into its data, which Part 1 contains, and are deleted.