SUBSCRIPTION TERMS & CONDITIONS

PREAMBLE

These Subscription Terms govern recurring billing for [Service Name] by [Company] effective [Date]. By subscribing, customer accepts these Terms. Legal Framework: EU Consumer Rights Directive 2011/83 (Auto-Renewal), German AGB Gesetz (Terms of Service), US ROSCA 15 USC §1692 (Telemarketing/Automatic Renewal).

1.1 Subscription Plan Options:
☐ Monthly: EUR/USD [X] per month (billed on [day X])
☐ Annual: EUR/USD [X] per year (billed on [day X])
☐ Free trial: [X days] free access, then converts to paid per Directive Art. 6(1)(h)
1.2 What's Included: Subscription includes:
• Access to: [features/services list]
• Support: [email / chat / phone - during business hours / 24/7]
• Updates: Included in subscription (no extra fee)
• Storage: [X GB / unlimited]
• Users: [1 / X concurrent users]
1.3 Price Changes: Company may modify price with [30 / 60 days] notice per German AGB §308 (Material Change):
• Notice sent via email to registered address
• Customer may cancel (within notice period) before new price takes effect
• Continued use after notice period = acceptance of new price

2.1 Auto-Renewal (EXPLICIT CONSENT REQUIRED): Subscription automatically renews per Directive Art. 6(1)(h) (Express Informed Consent):
☑ Renewal date: Every [1 month / 1 year] on anniversary date
☑ Renewal billing: EUR/USD [X] charged to registered payment method
☑ Customer acknowledgment: "I understand subscription auto-renews" (checkbox required at signup)
2.2 Billing Method & Payment Processing:
• Billing date: [day X] of month (or anniversary date)
• Payment method: [credit card / debit / bank transfer / PayPal]
• Processor: [Stripe / PayPal / Square]
• Currency: EUR/USD per customer's account setting
2.3 Failed Payment Handling: If payment fails per ROSCA §1692(b):
• Retry attempt #1: [3 / 5 days] after first failure
• Retry attempt #2: [5 / 10 days] after first failure
• After 2 failed attempts: Account suspended (customer notified via email)
• Customer must update payment method to reactivate
• No late fees charged per Directive (no hidden charges)
2.4 Invoice & Receipt: Company provides receipt:
• Emailed to: [customer email]
• Format: PDF with itemized charges
• Retained for: [6 / 10 years] (customer can download anytime)

3.1 Cancellation Right (MANDATORY): Customer may cancel anytime per Directive Art. 14 (Easy Cancellation):
☑ Free trial cancellation: No charge (within [X days])
☑ Paid subscription cancellation: Effective end of current billing period
☑ Method: Click "Cancel" in account settings OR email [cancel@company.com]
☑ Confirmation: Email confirmation sent within 24 hours
3.2 14-Day Withdrawal Right (EU MANDATORY): Customer has right to cancel within [14 days] of signup without reason per Directive Art. 9(2):
• Applies to: All paid subscriptions (monthly/annual)
• Exception: Digital service can be excluded if customer gives explicit consent (before purchase) that withdrawal cancels access per Art. 16(m)
• Refund: EUR/USD [full / X%] of fees paid (processed within 14 days)
3.3 Refund for Failure to Deliver: If service unavailable >X hours/month:
• Prorated refund: EUR/USD [X] per day of unavailability
• Claim window: Must file within [30 days] of incident
3.4 No Refund If: Refund NOT provided if:
• Customer initiated cancellation (paid period already used)
• Customer exceeded usage limits (defined in fair use policy)
• Customer breached Terms (unauthorized access, abuse)

4.1 Service Modifications: Company may modify service with [30 / 60 days] notice per German AGB §308(2):
• Example: Feature removal, UI changes, API deprecation
• Notice: Email to registered address + in-app notification
• Customer right: Cancel if modification materially changes service
4.2 Suspension for Violation: Company may suspend account if per BGB §626 (Termination for Cause):
• Customer violates Terms (unauthorized use, abuse, illegal activity)
• Payment default >15 days past due
• Suspected fraud/security breach
• Notice: Email notification within 24 hours (with reason)
• Appeal: Customer may appeal suspension within 15 days
4.3 Maintenance & Downtime:
• Scheduled maintenance: [X hours/week] with 48-hour notice
• Emergency downtime: No notice (reported within 1 hour)
• SLA: [99.5% / 99.9%] uptime target (measured monthly)
• Uptime credit: If SLA missed, [5% / 10% / 20%] refund of monthly fee

5.1 License Grant: Company grants non-exclusive, non-transferable license to use service per [subscription tier] per Copyright Law 17 USC §117:
• Use limited to: [personal use / single business / team of X users]
• Prohibited: Resale, reverse engineering, scraping per DMCA §1201 (Anti-Circumvention)
5.2 Fair Use Policy: Customer may NOT:
✗ Exceed [X requests/hour] (API rate limits)
✗ Store >X GB data (storage limit)
✗ Export data >X times/day (to prevent scraping)
✗ Run automated bots/scrapers (prohibited per ToS)
• Violations: Suspension without refund per BGB §626
5.3 Data Backup & Retention:
• During subscription: Company maintains [X days / permanent] backup
• Upon cancellation: Data retained for [30 / 90 days] (then deleted)
• Customer responsibility: Back up data before cancellation

6.1 Automatic Renewal: Subscription automatically renews unless canceled per ROSCA §1692(b) (Clear Disclosure):
☑ Clear notice: "Subscription will automatically renew" (at signup)
☑ Easy cancellation: One-click cancellation available (account settings)
☑ Reminder: Email reminder 5-10 days before renewal
6.2 Company Termination Rights: Company may terminate subscription if:
• Customer violates Terms repeatedly (after written warning)
• Customer payment fails >X times
• Company discontinues service (all users affected)
• Termination notice: [30 / 60 days] advance notice
6.3 Termination Fee: ☐ No termination fee ☐ EUR/USD [X] early termination fee (if contract >X months)

Law: ☐ German (AGB + Directive) ☐ [EU / US State] | Disputes: Mediation (30 days) → Consumer arbitration / Small claims court
Payment Disputes: If customer disputes charge: Processor (Stripe/PayPal) investigates per card network rules (Visa/MasterCard)