Terms of Service

• These Terms apply to all contracts concerning the use of the Platform between the Provider and its customers (“Customer”).
• The services are directed exclusively at business customers (entrepreneurs within the meaning of § 14 BGB, German Civil Code), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded from use. By registering, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity.
• Deviating, conflicting or supplementary terms and conditions of the Customer shall not form part of the contract unless the Provider expressly agrees to their validity in text form.

• The Provider makes the Platform available to the Customer for use via the internet. It comprises in particular the uploading and management of accounting documents, their automatic extraction by means of text recognition and artificial intelligence, the generation of booking and account assignment suggestions, collaboration between businesses and tax advisory firms including a client portal, and the export of accounting data, e.g. in DATEV format or to Lexware Office.
• The specific scope of functions is set out in the current service description on the website and in the Platform. The Provider is entitled to further develop the Platform and to change functions, provided that the scope of services essential to the contract is not unreasonably impaired.
• No tax advice: The Provider does not provide tax advice, legal advice or bookkeeping within the meaning of the German Tax Advisory Act (Steuerberatungsgesetz). The Platform is a technical tool. Professional review of the results and responsibility for bookkeeping, tax returns and compliance with the principles for the proper keeping of books and records (GoBD) remain with the Customer or its tax advisers.
• Interfaces to third-party providers (e.g. DATEV, Lexware Office) are available only to the extent that the respective third-party provider makes them available. The Provider is not responsible for the services of third-party providers.

• The contract is concluded upon the Customer's registration and confirmation of its email address or upon activation of the account by the Provider. There is no entitlement to the conclusion of a contract.
• When registering, the Customer must provide truthful and complete information and update it in the event of changes.
• Access credentials must be kept secret and protected against access by third parties. The Customer must inform the Provider without undue delay if there are indications of misuse.

• The Customer may invite further persons – such as employees, tax advisers or clients via the client portal – to use the Platform and assign them roles with different permissions.
• The Customer shall ensure that users invited by it comply with these Terms and is responsible for their actions within its account as for its own.
• The Customer is responsible for revoking without undue delay the permissions of persons who have left or are no longer authorised.

• The prices stated on the website or in the Platform at the time of the order apply. All prices are exclusive of statutory VAT.
• Certain services, in particular the automatic extraction of documents, are billed via a balance (“credits”). Credits are credited upon purchase of a package and consumed when the respective service is used. Consumption can be viewed in the Platform.
• Credits are non-transferable and cannot be redeemed for cash. [Regelung zur Erstattung ungenutzter Credits]
• Payment is made using the following payment methods: [Zahlungsarten]. Invoices are provided electronically.
• In the event of late payment, the Provider is entitled, after prior notice, to block access to the Platform until the outstanding amount has been settled. Access to stored data for the purpose of export remains unaffected.

• The Provider ensures an availability of the Platform of [98,5 %] on an annual average at the point of transfer (data centre exit).
• Announced maintenance windows, disruptions caused by circumstances beyond the Provider's control (e.g. force majeure, disruptions of third-party networks) and outages of third-party provider interfaces are not included in the calculation.
• Maintenance work is carried out outside normal business hours where possible and announced in good time.

• The extraction of documents and the booking suggestions are based on text recognition and artificial intelligence. Despite careful development, these methods may produce incorrect or incomplete results. The Provider does not owe any particular recognition rate.
• The Customer is obliged to check the results for accuracy and completeness before using them – in particular before exporting them to financial accounting or transmitting them to tax authorities. This also applies to bookings approved automatically on the basis of rules defined by the Customer.
• The statutory retention obligations for original documents are the responsibility of the Customer. The Platform does not replace an audit-proof archive unless this has been expressly agreed.

The Customer undertakes in particular

• to upload only content that it is entitled to process, and to ensure a legal basis for the processing of personal data of third parties;
• not to introduce any unlawful content or malware into the Platform;
• not to misuse the Platform, in particular not to perform automated mass queries outside the interfaces provided and not to circumvent the security mechanisms;
• to make its own backup copies of the data essential to it at reasonable intervals, in particular by means of the export functions provided.

If the Customer breaches these obligations, the Provider may temporarily block access to the extent necessary to avert a risk. The Customer shall indemnify the Provider against third-party claims based on a culpable breach of duty by the Customer.

• As between the parties, all content provided by the Customer remains with the Customer. The Provider uses it solely to perform the contractual services.
• Where the Provider processes personal data on behalf of the Customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR, which takes precedence over these Terms. The agreement is available at Data Processing Agreement and is accepted electronically during registration or in the platform. Information on processing by the Provider as controller is contained in the Privacy Policy.
• After termination of the contract, the Customer may download its data within 30 days via the export functions or on request. The data is then deleted unless statutory retention obligations apply.

• For the term of the contract, the Provider grants the Customer the simple, non-transferable and non-sublicensable right to use the Platform for its own business purposes within the scope of these Terms.
• All rights to the Platform, in particular to software, design and trade marks, remain with the Provider.

• The Provider has unlimited liability in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee assumed.
• In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.
• In all other respects, liability for slight negligence is excluded.
• The Provider is liable for the loss of data only to the extent that would have been required for its restoration had the Customer carried out proper and regular data backups (§ 8).
• Strict liability (liability irrespective of fault) for defects already existing at the time the contract is concluded (§ 536a(1), first alternative, BGB) is excluded.
• The above limitations also apply in favour of the Provider's legal representatives, employees and vicarious agents.

• The contract is concluded for an indefinite period. The following applies: [Laufzeit und Kündigungsfrist]
• The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer seriously breaches § 8 despite a formal warning or is in default of payment of substantial amounts.
• Notices of termination must be given in text form (e.g. email).

The Provider may amend these Terms with effect for the future where this is necessary for objective reasons (e.g. changes in legislation, case law, further development of the Platform) and does not unreasonably disadvantage the Customer. The Customer will be notified of changes in text form at least [6 Wochen] before they take effect. If the Customer does not object within this period, the changes shall be deemed accepted. The Provider will specifically point out the period and the consequences of failing to object in the notification. In the event of an objection, both parties are entitled to terminate the contract with effect from the date on which the changes take effect.

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Berlin, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law. The Provider is also entitled to sue the Customer at its general place of jurisdiction.
• Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.
• These Terms are concluded in the German language. Translations are provided for information purposes only; in the event of discrepancies, the German version shall prevail.