# Terms of Service > Terms of Service of Cloo GmbH for MIRA FIVE, covering conclusion of the contract, services, plans and payment, termination, deletion, customer data and liability. URL: https://mirafive.io/terms Updated: 2026-09-28 [Deutsche Fassung](https://mirafive.io/de/agb) MIRA FIVE is a service of Cloo GmbH (“we” or “us”). These Terms of Service apply to all plans of MIRA FIVE: Free, Pro and Enterprise. Cloo GmbH Reumtengrüner Str. 32B 08209 Auerbach Germany Managing directors: Yannick Seeger, Paul Otto Register court: Amtsgericht Chemnitz, HRB 38181 [info@cloo-gmbh.de](mailto:info@cloo-gmbh.de) Effective: 28 September 2026 ## 1\. Scope and business customers (1) MIRA FIVE is offered exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. Consumers cannot conclude a contract. The Customer is the business for which an account or an Organisation is created. If the person registering acts as a sole trader or freelancer, that person is the Customer. On request, the Customer proves that it is an entrepreneur. (2) Anyone who registers an account, creates an Organisation or books a plan for the Customer confirms that they are authorised to represent the Customer in doing so. (3) Only these terms apply to the contract. General terms and conditions of the Customer do not become part of the contract, even if we do not expressly object to them. Individual agreements, such as an offer for the Enterprise plan, take precedence over these terms. (4) Where we process personal data on behalf of the Customer, the [Data Processing Agreement](https://mirafive.io/dpa) (DPA) is part of the contract. For that processing, it takes precedence over these terms. We process Account Data as controller; the [Privacy Policy](https://mirafive.io/privacy)explains how. It is provided for information and is not part of the contract. (5) In these terms: MIRA FIVE or the Service the service we operate at app.mirafive.io, including the collection endpoints, tracking scripts, SDKs, the REST API, the MCP server and the documentation. Organisation the workspace in MIRA FIVE to which a contract and a plan belong. Every account receives a personal Organisation. Project and Source A Project is a website or app within an Organisation. A Source is a website or server that sends events to a Project with an ingest key. Members the persons with access to an Organisation. Every Member has one of the roles Owner, Admin or Member. Owner a Member with the Owner role. Owners have all rights in the Organisation. Only they can book and cancel plans and delete the Organisation. Admin a Member with the Admin role. Admins manage settings, invitations, Projects, Sources, people and data subject requests. Member (role) a Member with the Member role. They can view people and manage definitions. Customer Data all data that the Customer or its websites, apps, servers and connected platforms transmit to MIRA FIVE, and the data MIRA FIVE generates from them, such as events, visits, people and imports. Account Data data about the Members and the Customer's account, including billing data. Visitors the visitors and users of the Customer's websites and apps. ## 2\. Conclusion of the contract (1) The presentation of MIRA FIVE on our website is not a binding offer. By registering, the Customer offers to conclude a contract for the Free plan and agrees to these terms and the DPA. We then send an email with a confirmation link. When the Customer confirms its email address, we activate the account. This concludes the contract for the Free plan for the personal Organisation. When a person registers through an invitation, the email address is treated as confirmed on registration. (2) Each contract relates to one Organisation. When a Member creates a further Organisation, a further contract on these terms is concluded for it. (3) An Owner books the Pro plan in the dashboard. Payment runs through the checkout of Mollie B.V. (section 11). The contract for Pro is concluded as soon as Mollie confirms the first payment to us. The first billing month starts on that day. (4) We do not sell the Enterprise plan online. It is concluded by an individual agreement in text form. (5) We store when the Customer agreed to which version of these terms. The current version is always available at [mirafive.io/terms](https://mirafive.io/terms) and can be saved and printed. (6) The contract languages are German and English. The German version governs. ## 3\. Services (1) MIRA FIVE is a web and product analytics service that we provide over the internet as software as a service. It includes in particular: - collecting events from the Customer’s websites, apps and servers through our tracking scripts, SDKs or an HTTP interface, - reports on where Visitors come from (channels, campaigns, ad clicks), how they move (pages, journeys, funnels), what they do (events, goals) and whether they buy (revenue), - people and segments, and dashboards, - connections to Google Search Console, Google Ads, Meta Ads and Bing Webmaster Tools, - a read-only REST API and an MCP server (Model Context Protocol) through which AI assistants access MIRA FIVE, - tools for data subject requests, with export, erasure and objection per person. (2) The details are described in the documentation at [docs.mirafive.io](https://docs.mirafive.io)in its current version. Statements in the documentation and on our website describe the service. We give a guarantee only if we expressly call it a guarantee in text form. (3) We provide our services up to the handover point, which is the transition from our data centre to the internet. The Customer is responsible for its internet connection, its own systems and for integrating our scripts and SDKs into its websites, apps and servers. (4) All plans include all functions of the Service. They differ in price, allowance, retention, Projects and Members (section 10). Section 4 applies to Preview Features. (5) We develop MIRA FIVE continuously. We may change, replace or discontinue functions where this is reasonable for the Customer, in particular because an equivalent function takes its place, a third party changes or discontinues an interface, or security or the law requires it. During a paid billing month, we do not materially reduce the services of the Pro plan unless technical, security or legal reasons require it. Where possible, we announce material reductions in advance by email. If a change materially reduces the Service, the Customer may cancel the Pro plan with immediate effect or at the end of the billing month. If it cancels with immediate effect, we refund the paid amount for the rest of the billing month pro rata. ## 4\. Preview features (1) We may label individual functions as preview or early access (Preview Features). We enable Preview Features for individual Organisations. There is no right to have them enabled. (2) We provide Preview Features in addition and without a separate fee. They are not part of the agreed condition of the Service and are excluded from any agreed availability. We may change them, withdraw their enablement or discontinue them at any time. Where possible, we announce this in advance. (3) We are responsible for defects in Preview Features only if we fraudulently concealed them. Our liability under section 17 remains unaffected. (4) The Customer uses Preview Features in a way that keeps its websites and apps working if a Preview Feature does not respond or is discontinued. ## 5\. Account, Organisations and access (1) The Customer provides accurate information on registration and in MIRA FIVE and keeps it up to date. This applies in particular to the email addresses of the Owners, to which we send notices about the contract. (2) Each account belongs to one person and must not be shared. The Customer invites further persons as Members. The Customer ensures that its Members keep passwords, API keys and other credentials secret. We recommend using two-factor authentication or passkeys. (3) The Customer decides who is a Member of its Organisations and which role each Member has. It is responsible for the API keys its Members create and for the AI assistants and other applications they connect to MIRA FIVE via OAuth. The Customer is responsible for actions taken through its Members’ access, unless it is not responsible for their misuse. (4) The Customer authorises every Owner to make and receive declarations about this contract on its behalf. This includes in particular booking and cancelling plans, agreeing to changes to these terms and the DPA, and deleting the Organisation. We may rely on instructions from an Owner or from a Member with the role required for the action. (5) If the Customer suspects that its access is being misused, it informs us without undue delay and changes or revokes the affected credentials. ## 6\. Customer’s obligations when collecting data (1) The Customer decides which data it collects with MIRA FIVE and for which purposes. It is responsible for ensuring that collecting the data and transmitting it to us are lawful. In particular, the Customer - chooses the collection mode for each Source: without consent (for example with the script c.js, no identifiers in the browser) or with consent (for example with the script f.js or SDKs in full mode, with random identifiers in the browser), - checks on its own responsibility whether the chosen mode requires consent, - obtains the required consent from Visitors, in particular under Section 25 of the German Telecommunications Digital Services Data Protection Act (TDDDG) for storing identifiers in the browser, and passes consent and its withdrawal on to the script or SDK, - needs a legal basis before it links visits to its own user IDs through `identify`, - informs Visitors about its use of MIRA FIVE in its privacy policy, - answers data subject requests; MIRA FIVE provides export, erasure and objection per person for this. (2) The Customer does not transmit special categories of personal data (Art. 9 GDPR) or data relating to criminal convictions and offences (Art. 10 GDPR). It does not use MIRA FIVE to deliberately collect data about children. (3) The Customer transmits direct identifiers such as names and email addresses only if it has a legal basis and needs them, and only as traits with `identify`. It never transmits them in URLs, page titles, event names or freely chosen event properties. It transmits passwords, credentials, payment data and other secrets neither in events nor in their properties. (4) If the Customer uses MIRA FIVE for websites or apps of its own clients, it ensures that it is entitled to do so and that the obligations in this section are also met for those websites and apps. (5) The DPA governs how we process personal Customer Data. The documentation describes which data MIRA FIVE collects in which mode. ## 7\. Connections, API and AI agents (1) The Customer sets up connections to third-party platforms, currently Google Search Console, Google Ads, Meta Ads and Bing Webmaster Tools, with its own account at the respective provider. That account is governed by the provider’s terms between the provider and the Customer. The Customer ensures that it may set up the connection and retrieve the data. MIRA FIVE retrieves data from the Customer’s account through the connection. We do not transmit any data about Visitors to the provider in doing so. (2) We have no influence on the availability, scope or changes of third-party interfaces. We provide connections only within the interfaces the respective provider offers. If a provider changes or restricts its interface, we may adapt or discontinue the connection under section 3 (5). (3) Members can create API keys and connect AI assistants through the MCP server. When the Customer retrieves Customer Data through the REST API or a connected AI assistant, we transmit it on the Customer’s instruction to the recipient the Customer has chosen. That recipient, such as the provider of an AI assistant, is not our sub-processor. The Customer is responsible for ensuring that the transmission to that recipient and its further processing are lawful. (4) Connected AI assistants can initially only read data. They can change the setup of an Organisation only after the Customer enables this for the respective connection. They cannot delete anything. The Customer is responsible for changes made by an enabled AI assistant as for its own actions. The answers of an AI assistant are generated by its provider, not by MIRA FIVE; we are not responsible for their content. (5) We may reasonably limit the number of requests to the REST API and the MCP server to keep the Service stable for all customers. ## 8\. Acceptable use (1) The Customer must not use MIRA FIVE to - violate applicable law or the rights of third parties, - transmit malicious code, - attack or disrupt the Service, or scan it or run load or penetration tests without our prior consent in text form, - bypass access controls, allowances, request limits or security measures, - access or attempt to access the data of other customers, - resell the Service without our consent or provide it to third parties under its own name or brand, - transmit data that it is not permitted to process. (2) The Customer may use MIRA FIVE for websites and apps of its clients and give their employees access as Members. This is not reselling within the meaning of paragraph 1. (3) If we have concrete indications of a serious breach or if there is a threat to the Service, other customers or third parties, we may block harmful traffic, remove unlawful data or suspend the Customer’s access in whole or in part while we investigate. We choose the mildest effective measure. Where reasonable, we inform the Customer beforehand and give it an opportunity to remedy the breach; otherwise we inform it without undue delay afterwards. We lift a suspension as soon as its reason no longer applies. The right to terminate for cause remains unaffected. ## 9\. Availability, maintenance and support (1) We operate MIRA FIVE with reasonable care. We do not promise uninterrupted or error-free operation. A specific availability applies only if an individual agreement contains a service level. (2) Maintenance, security work, internet disruptions and third-party services can cause interruptions. Where possible, we announce planned maintenance in advance. We may carry out urgent security work without notice. (3) We provide support by email at [hello@mirafive.io](mailto:hello@mirafive.io), Monday to Friday except on public holidays in Saxony. We do not promise fixed response times unless individually agreed otherwise. ## 10\. Plans and allowances (1) MIRA FIVE is offered in three plans: | | Free | Pro | Enterprise | | --------------------------- | -------------------------------------------------------------------------------- | ----------------------------------- | ---------------------------------- | | Price | €0 | €20 per month, incl. 19 % VAT | by agreement | | Events per calendar month | 25,000 | 100,000, fair use under paragraph 6 | by agreement, otherwise unlimited | | Retention of analytics data | 30 days | 366 days | 1,095 days unless agreed otherwise | | Projects and Members | one Project, only in the personal Organisation, which does not allow invitations | unlimited | by agreement | (2) Analytics data means the events and the data derived from them, such as visits. We delete them daily once they are older than the plan’s retention period. They are physically removed no later than seven days after that. Retention follows the plan; the Customer cannot set its own periods. (3) Allowances apply per Organisation and calendar month in Coordinated Universal Time (UTC), independent of the billing month. The following do not count: bot traffic, events discarded for lack of consent, install checks and feature flag exposures. (4) When an Organisation reaches 80 % and 100 % of its allowance, we notify the Owners and Admins by email. (5) On the Free plan, we do not record events above the allowance. They are discarded until the start of the next calendar month and cannot be recorded later. (6) On the Pro plan, the allowance is a guide for fair use. We also record events above the allowance and charge nothing extra for them. If usage is well above the allowance for several consecutive calendar months, we contact the Customer about a fitting plan. If the parties do not reach agreement, we may cancel the Pro plan under section 12 (3) with 30 days’ notice to the end of a billing month. (7) If an Organisation has more active Projects than its plan allows, for example after Pro ends, we pause collection and imports for that Organisation. The pause lasts as long as the number of active Projects exceeds the plan. We do not record events sent during the pause; they are lost. Because the Free plan allows a Project only in the personal Organisation, collection pauses in every further Organisation with active Projects as soon as Pro ends there. ## 11\. Prices, payment and invoices (1) The Pro plan costs €20 per month. All prices are gross prices in euros and include German VAT at 19 %. Price and payment for the Enterprise plan are governed by the individual agreement. (2) The Pro plan is paid monthly in advance, at the start of each billing month. Only an Owner can book and cancel Pro. (3) Payment is processed by Mollie B.V., Amsterdam, as payment service provider. Mollie collects payment details in its own checkout; we do not receive them. With the first payment, the Customer authorises us and Mollie to collect the monthly amount for each new billing month from the payment method it stored in the checkout. (4) The price the Customer paid when booking also applies to all renewals until we change it under this paragraph. We may change the price for future billing months. We announce a change by email to the Owners at least 30 days before the start of the first billing month to which it applies. Until then, the Customer may cancel Pro at the end of the current billing month; we point this out in the announcement. (5) For each successful payment, we provide an invoice electronically in the dashboard (small-amount invoice under Section 33 of the German VAT Implementing Ordinance, UStDV). The Customer agrees to receive invoices electronically. (6) If the payment for a new billing month fails, expires or is charged back, a grace period of seven days begins. We then stop the recurring collection and make no further automatic attempts. The Owner receives an email. If the Owner pays in the dashboard within the grace period, a new billing month starts with that payment. Otherwise, the Organisation falls back to the Free plan when the grace period ends, with the consequences under section 13 (1). If a payment for a billing month that has already been fully used is charged back, the amount remains owed. (7) We do not refund payments for billing months that have started, including on cancellation or deletion, unless these terms (section 3 (5) and section 16), the DPA (section 5 (3)) or mandatory law provide otherwise. The Customer moves from Free to Pro by booking, and from Pro to Free by cancelling at the end of the billing month. There is no pro-rata settlement. ## 12\. Term and termination (1) The contract for the Free plan runs for an indefinite period. The Customer can end it at any time when an Owner deletes the Organisation; the personal Organisation ends when the account is deleted. We may terminate the contract for the Free plan with 30 days’ notice in text form. (2) The Pro plan runs for one billing month at a time and renews automatically for a further billing month unless cancelled. An Owner can cancel it at any time in the dashboard with effect from the end of the paid billing month. Pro remains active until then. As long as the billing month is paid, the Owner can withdraw the cancellation in the dashboard. (3) We may cancel the Pro plan with 30 days’ notice to the end of a billing month. (4) When the Pro plan ends, the contract for the Organisation does not end. The Organisation continues on the Free plan. Section 13 (1) describes the consequences: analytics data older than 30 days is deleted the following night. (5) The right of both parties to terminate for cause (Section 314 BGB) remains unaffected. We have cause in particular if the Customer seriously or repeatedly breaches sections 6 to 8 despite a warning with a reasonable deadline, or if a breach is so serious that a warning is not required. (6) If an Owner deletes an Organisation or a person deletes their account, any running Pro plan ends immediately and without refund. An account cannot be deleted while the person is the only Owner of an Organisation with other Members. (7) We send our notice of termination by email to the Owners. Besides the dashboard, the Customer may also cancel in text form to [hello@mirafive.io](mailto:hello@mirafive.io). ## 13\. Consequences of termination and deletion (1) When the Pro plan ends, whether by cancellation or after a failed payment, the Organisation continues on the Free plan. **In the night after Pro ends, we delete all analytics data of the Organisation that is older than 30 days. This deletion is final and cannot be undone.** The Customer should retrieve any data it wants to keep beforehand through the dashboard, the REST API or the MCP server. (2) If the number of active Projects then exceeds the Free plan, collection and imports pause under section 10 (7). (3) An Owner can delete any Organisation except the personal one at any time. We then delete the Organisation and its Customer Data immediately. Analytics data is marked as deleted about 20 minutes later and physically removed within seven days. When a person deletes their account, the same applies to their personal Organisation and to every Organisation in which they are the only Member. There is no period for retrieving data after a deletion. The deletion cannot be undone. (4) Deleted data can remain in our encrypted backups for up to six months. We do not use it there; it disappears when the respective backup expires. (5) If the contract for an Organisation ends other than by its deletion, for example by our termination, the Customer can retrieve its Customer Data until the end of the contract through the dashboard, the REST API, the MCP server and the per-person exports. We then delete the Organisation and its Customer Data within 30 days; paragraph 4 applies accordingly. (6) We do not owe an export of all Customer Data in a standard format. (7) We keep invoice records for the statutory retention periods. Audit log entries are retained as described in the [Privacy Policy](https://mirafive.io/privacy). Mollie stores payment data under its own responsibility. (8) Payment obligations that arose before the end of the contract remain. Sections 13, 15, 17, 18 and 20 continue to apply after the end of the contract. ## 14\. Rights in MIRA FIVE and in Customer Data (1) MIRA FIVE, including its software, documentation and trademarks, belongs to us or our licensors. For the term of the contract, the Customer receives the simple (non-exclusive), non-transferable and non-sublicensable right to use the Service within its plan for its own business purposes, including for websites and apps of its clients (section 8 (2)). Its Members may use the Service for the Customer within this scope. For this purpose, the Customer may integrate our scripts and SDKs into its websites, apps and servers. (2) The Customer must not copy, modify, decompile or otherwise reverse engineer the Service unless Sections 69d and 69e of the German Copyright Act (UrhG) mandatorily permit it. If we publish scripts or SDKs under their own licence, that licence takes precedence for them. (3) All rights in Customer Data remain with the Customer. For the term of the contract and the deletion periods under section 13, it grants us the simple right to store, process and copy Customer Data as far as necessary to provide, secure and support the Service and to meet our legal obligations. (4) We do not sell Customer Data, do not use it for our own purposes and do not train AI models with it. We may use aggregated usage figures without personal reference, such as the number of events per Organisation, to bill, plan capacity and operate the Service. (5) We may use suggestions and feedback about MIRA FIVE without payment and without restriction, as long as they contain no Customer Data or confidential information of the Customer. ## 15\. Confidentiality (1) Confidential information is non-public business and technical information of a party that is marked as confidential or is recognisably confidential, including the terms of individual agreements. For personal Customer Data, the DPA takes precedence. (2) Each party keeps the other party’s confidential information secret, protects it with at least reasonable care and uses it only for this contract. It discloses it only to employees, advisers and service providers who need it for the contract and are bound to confidentiality. (3) This does not apply to information that is publicly known without a breach of contract, was already lawfully known to the receiving party, was received lawfully and without a duty of confidentiality from third parties, or was developed independently by the receiving party. (4) If the law, a court or an authority requires disclosure, it is permitted to the extent required. Where legally permitted, the disclosing party informs the other party beforehand. (5) These obligations apply during the term of the contract and for five years afterwards. For trade secrets, they apply as long as the information remains secret. ## 16\. Warranty (1) On the paid plans, we provide the Service in a condition suitable for its contractual use and maintain it in that condition. The service description under section 3 is decisive. (2) The Customer reports defects without undue delay in text form to [hello@mirafive.io](mailto:hello@mirafive.io). The report describes the defect so that we can reproduce it, if possible with the steps that lead to it. (3) We remedy defects within a reasonable period. We may also do so by updating the Service or by a reasonable workaround. (4) Strict (no-fault) liability for defects that already existed when the contract was concluded (Section 536a (1) first alternative BGB) is excluded. Otherwise, the Customer’s statutory rights, in particular the right to reduce the fee (Minderung), remain unaffected. Damages are governed by section 17. (5) There is no defect where a disruption is caused by circumstances within the Customer’s area of responsibility, for example a faulty integration of a script or SDK. Section 4 applies to Preview Features. (6) We provide the Free plan free of charge. The rules on loan for use (Leihe) apply to it accordingly. On the Free plan, we are responsible for defects only if we fraudulently concealed them (Section 600 BGB). The Customer has no claim there to have defects remedied; we fix reported errors at our discretion. ## 17\. Liability (1) We are liable without limitation - for intent and gross negligence, - for damage resulting from injury to life, body or health, - for fraudulently concealed defects and under a guarantee we have given, - under the German Product Liability Act (Produkthaftungsgesetz), and - in all other cases in which the law does not permit a limitation of liability. (2) For simple negligence, we are liable only for the breach of material contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. Our liability is then limited to the damage that was foreseeable and typical for the contract when it was concluded. (3) By way of derogation from paragraph 2, we are not liable for simple negligence on the Free plan, which we provide free of charge (in accordance with Section 599 BGB). Paragraph 1 remains unaffected. (4) Any further liability for damages is excluded, whatever the legal basis. (5) These limitations also apply to the personal liability of our managing directors, employees and vicarious agents. (6) These provisions do not change the burden of proof to the Customer’s disadvantage. ## 18\. Indemnification (1) The Customer indemnifies us against claims by third parties asserted against us because Customer Data that the Customer collected or transmitted was collected or transmitted unlawfully, or because the Customer breached sections 6 to 8\. This does not apply to the extent that the Customer is not responsible for the infringement or the claim is based on a breach of duty by us. (2) The indemnification covers the reasonable costs of legal defence, including statutory court and lawyers’ fees. (3) We inform the Customer without undue delay about a claim that has been asserted and do not acknowledge it without the Customer’s consent. We give the Customer the opportunity to defend against the claim in coordination with us. The Customer provides us with the information we need for the defence. ## 19\. Changes to these terms (1) New contracts are governed by the version published when the contract is concluded. We may change it for future contracts at any time. (2) In existing contracts, we may change these terms only where this is necessary to - implement changes in the law, in case law or in regulatory requirements, - ensure the security of the Service, - adapt them to a permitted change of the Service under section 3 (5), or - close a gap in the provisions that arose after the contract was concluded. This must not shift the balance between service and price or the essential obligations of the parties to the Customer’s disadvantage. Price changes are governed exclusively by section 11 (4). (3) We announce every change by email to the Owners at least 30 days before it takes effect. The announcement names the changed provisions and the right to terminate under paragraph 5. (4) A change is material if it restricts the Customer’s rights or extends its obligations. We also show material changes in MIRA FIVE for acceptance at the next sign-in. They apply only if an Owner accepts them on behalf of the Customer, and not before the announced date. Other changes under paragraph 2 take effect on the announced date. (5) The Customer may terminate the contract with effect from the date on which a change is to take effect. If the Customer has not accepted a material change by then, we may also terminate with effect from that date. Until acceptance or termination, the previous terms continue to apply. (6) This section applies accordingly to changes to the DPA, unless the DPA provides otherwise. ## 20\. Final provisions (1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) If the Customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Auerbach/Vogtl., the registered office of Cloo GmbH. We may also sue the Customer at its general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected. (3) Text form (Section 126b BGB), in particular email, is sufficient for declarations about this contract unless these terms provide otherwise. We send declarations to the Owners’ email addresses. The Customer sends declarations to [hello@mirafive.io](mailto:hello@mirafive.io). (4) The Customer may transfer rights and obligations under this contract to third parties only with our prior consent in text form; Section 354a of the German Commercial Code (HGB) remains unaffected. We may transfer the contract to a company that takes over MIRA FIVE from us and continues it, provided the Customer’s position does not become worse as a result. We announce such a transfer in text form at least 30 days in advance. The Customer may terminate the contract with effect from the date of the transfer. (5) If a provision of these terms is invalid, the rest of the contract remains valid. The statutory provisions take the place of the invalid provision. (6) If the German and English versions differ, the German version governs.