Terms of Service
As of: 2026-04-05
1. Scope of Application
These Terms of Service (ToS) apply to the use of the software “Leanshift” on all available platforms (web app, Android, iOS, desktop) as well as to all coaching and consulting services offered by LeanShift. They apply to both the Free version and the paid Pro / Premium / Team version of the software as well as to individually booked consulting services. By using the app or booking a service, you agree to these Terms of Service. Deviating terms of the user are not recognized unless the provider expressly agrees to them in writing. These terms apply equally to consumers and businesses.
2. Subject Matter
Matthias Sperling, operating under the name LeanShift (hereinafter “provider”), comprises two service areas: (A) The software “Leanshift” — an analysis and documentation tool for process optimization and personal improvement routines. The software provides data, calculations, and visualizations. It expressly does not constitute advice, recommendations for action, or any guarantee of accuracy of results. All business, operational, or personal decisions made on the basis of the analyses are solely the responsibility of the user. The software is offered in two tiers: Free (basic features, free) and Pro / Premium / Team (extended features, paid). Leanshift is an offline-capable Progressive Web App — all data remains locally on the user’s device. (B) Coaching and consulting services tailored individually to the customer. The exact scope of services is described in the respective contract or on the website. Leanshift is based on the KATA methodology, documented by Mike Rother in his book “Toyota Kata” (2009). Leanshift is an independent product, not endorsed, sponsored or authorized by Toyota Motor Corporation or any methodology organization.
3. Contract Formation
For the Free version, the contract is formed upon download or first use of the app. For the Pro / Premium / Team version, the contract is formed upon completion of the purchase via the payment provider Stripe and subsequent license activation. For coaching and consulting services, the contract is formed upon booking by the customer and confirmation by us; confirmation is generally provided via email. The duration, notice periods, and payment terms for coaching services are governed by the respective individual contract, insofar as these constitute continuing obligations. Use requires a minimum age of 16 years (or the legal minimum age in the user’s country). Offers in app stores and on the website are non-binding. The language available for the conclusion of the contract is German. The contract text (consisting of order data and these Terms of Service) is not separately stored by the provider and is no longer accessible to the user via the system after the contract is concluded. The user is recommended to save these Terms of Service and the order confirmation.
4. License Rights
The user receives a simple (non-exclusive), non-transferable right of use. The Free version grants an unlimited, free right to use the basic features. The Pro / Premium / Team version grants the right to use all features for the duration of the active license (365 days from activation). Prohibited: reverse engineering, decompilation, resale, sublicensing, and use for developing competing products. The user retains full ownership of all data they enter.
5. Pricing and Payment
The Free version is permanently free. The paid versions are: Pro (EUR 399/year), Premium (EUR 899/year), and Team (EUR 4,999/year, includes 10 Premium licenses). All prices are net prices and exclude applicable taxes. Tax calculation and collection is handled automatically by Stripe Tax based on the buyer’s location. The license is valid for 365 days from activation and does not auto-renew — Leanshift is not an automatic subscription. Payment is processed via Stripe; their terms apply additionally to the payment process. Future price changes apply only to new purchases, not to existing licenses. For coaching and consulting services, prices are specified in the respective contract and clearly communicated to the customer during booking or service confirmation. Payment is due immediately upon completion of booking. In case of cancellation, the conditions agreed in the respective contract apply.
6. Warranty
The software is provided “as is.” No guarantee of uninterrupted or error-free operation is given. Leanshift is an analysis and documentation tool — not a consulting service. The provider assumes no warranty for the accuracy, completeness, or suitability of calculated results (KPIs, ROI, cycle times, investment calculations, etc.). Business, financial, or operational decisions made on the basis of the software’s analyses are entirely the user’s responsibility. Bug fixes are provided at the provider’s discretion. Free updates are included for the purchased version. Statutory warranty provisions apply to consumers. If the user acts as a business, obvious defects must be reported in text form within 14 days of discovery.
7. Limitation of Liability
Leanshift is an analysis tool. The provider is not liable for decisions, actions, or their consequences that the user makes based on the software’s results. This includes in particular investment decisions, process changes, personnel decisions, cost and ROI calculations, and all other business measures. The software delivers calculations based on data entered by the user — the user is solely responsible for the accuracy and completeness of that data. For coaching and consulting services, liability for damages caused by us or our vicarious agents is limited to intent and gross negligence; for ordinary negligence, we are only liable in case of breach of an essential contractual obligation (cardinal obligation). The provider is liable without limitation for intent and gross negligence. Liability for injury to life, body, and health and under the Product Liability Act remains unaffected. For breach of essential contractual obligations, liability is limited to the foreseeable, contract-typical damage. Beyond that, no compensation is provided for lost profits, lost revenue, business interruptions, data loss, or indirect damages of any kind. All data is stored exclusively locally; backups are the user’s responsibility. Internationally: Indirect damages, consequential damages, and punitive damages are excluded to the maximum extent permitted by applicable law. In cases of force majeure, no liability exists. In jurisdictions where a full exclusion of liability is not permitted, the minimum liability permitted by law applies.
8. Data Privacy
Details on data privacy can be found in our separate Privacy Policy (see Imprint). For the software: All data is stored 100% locally on the user’s device. There is no server upload, no tracking, and the app does not use cookies. Export and backup are the user’s responsibility. For coaching and consulting services: We collect and process personal data necessary for contract fulfillment (in particular contact details and payment information). Data controller: Matthias Sperling (LeanShift), Im Kleff 29, 58762 Altena, [email protected]. Purposes: contract fulfillment (coaching, consulting) and processing of withdrawals. Your data is only shared with third parties where necessary for contract fulfillment (e.g., payment service providers). Data is stored for as long as required for contract fulfillment and statutory retention periods. You have the right to information, correction, deletion, restriction of processing, and to lodge a complaint with the competent supervisory authority under the GDPR.
9. Right of Withdrawal and Refunds
The statutory right of withdrawal applies exclusively to consumers within the meaning of § 13 BGB (German Civil Code). Businesses within the meaning of § 14 BGB have no right of withdrawal. Consumers are generally entitled to a 14-day right of withdrawal for distance contracts (§ 355 BGB). For the software: Leanshift is digital content not delivered on a physical medium. The right of withdrawal expires pursuant to § 356(5) BGB if all three of the following conditions are cumulatively met: (1) The consumer has expressly agreed that performance of the contract begins before the withdrawal period expires. (2) The consumer has confirmed awareness that this consent results in loss of the right of withdrawal. (3) The provider has supplied the consumer with a confirmation on a durable medium (§ 312f BGB). Consent to points (1) and (2) is obtained during the Stripe checkout process. The purchase confirmation email from Stripe fulfills the durable medium requirement under point (3). After all three conditions are met and the license is activated, there is no entitlement to a refund. The Free version is permanently available free of charge — users can comprehensively test the software before purchasing the Pro / Premium / Team version. For technical defects, the statutory warranty (Section 6) applies. Legal basis: Directive 2011/83/EU Art. 16(m) in conjunction with § 356(5) BGB. For coaching and consulting services: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of contract conclusion. To exercise your right of withdrawal, you must inform us (Matthias Sperling, LeanShift, Im Kleff 29, 58762 Altena, [email protected]) by means of a clear statement (e.g., by letter or email). Timely dispatch of the withdrawal declaration is sufficient to meet the deadline. In case of withdrawal, we will refund all payments received from you without undue delay and no later than 14 days, using the same payment method used in the original transaction; no fees will be charged for this refund. If you have requested that services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the service already provided up to the time of withdrawal compared to the full scope of the contractual service (§ 357(8) BGB). The right of withdrawal expires for services once we have fully performed the service and the consumer expressly consented to the commencement of performance before the expiry of the withdrawal period (§ 356(4) BGB). You may use the model withdrawal form in accordance with Annex 2 of Directive 2011/83/EU, but this is not mandatory.
10. Availability and Updates
Leanshift is an offline-first app; guaranteed server availability is neither required nor promised. Updates are provided at the provider’s discretion. Major version updates may be offered separately. The provider reserves the right to discontinue the Free version with at least three months’ advance notice. Changes to features are documented in the release notes.
11. Changes to Terms
The provider may amend these Terms of Service with 30 days’ advance notice. Notification will be provided via the app or by email, if available. Continued use of the software after the notice period constitutes acceptance of the amended terms. In case of objection, the user may terminate the contract. Material changes require renewed express consent.
12. Governing Law and Jurisdiction
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law is in accordance with EU Directives 2011/83/EU (Consumer Rights Directive), 93/13/EEC (Unfair Contract Terms Directive), and 1999/44/EC (Consumer Sales Directive). For consumers habitually resident in the EU/EEA, the mandatory consumer protection provisions of their country of residence remain unaffected pursuant to Art. 6(2) of the Rome I Regulation (EC No. 593/2008). For customers outside the EU/EEA, German law applies except where mandatory local consumer protection law provides otherwise. The place of jurisdiction for merchants, legal entities under public law, or special funds under public law is Altena. For consumers, the competent court at their place of residence applies (EU Regulation 1215/2012). The European Commission provides a platform for online dispute resolution (OS). The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
13. Severability and Final Provisions
Should any provision of these Terms of Service be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible provision that most closely reflects the economic purpose of the invalid provision. Individual contractual agreements always take precedence over these Terms of Service. The content of such agreements is determined, subject to proof to the contrary, by a contract in text form or a confirmation by the provider in text form.
Matthias Sperling
Im Kleff 29, 58762 Altena
[email protected]