General Terms and Conditions for the utilization of GetMyInvoices
T&Cs Software-as-a-Service (SaaS)
By registering (setting up an account), you accept the following terms and conditions.
§ 1 Preamble
1.1 BUSINESS PARTNERS
These terms and conditions regulate the relationships between the company fino data services GmbH (hereinafter called “operator”) and the creator of the account (hereinafter called “customer”) with the online- and mobile services provider GetMyInvoices.com (hereinafter alternatively called “GetMyInvoices” or “software”). A customer is defined as any natural or legal person who regularly registered for the service mentioned above and whose order has been accepted by the operator. The offer for GetMyInvoices is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). Consumers in the sense of § 13 BGB are not eligible to participate. The use of GetMyInvoices is exclusively subject to these General Terms and Conditions including any individual contractual supplementary agreements as well as the correspondingly agreed prices. Deviating general terms and conditions of the customer shall only become part of the contract if their validity has been expressly agreed to in writing. The customer, on his part, may register users who utilize GetMyInvoices according to their access rights as assigned by the customer. These terms and conditions regulate the relationship between the operator and the customer. In relation to employees of the customer, the operator acts only as a vicarious agent of the customer.
1.2 RECOGNITION OF THE T&CS
By registering for GetMyInvoices.com and the related services, the customer and users agree to the validity of the terms and conditions. Insofar the customer uses GetMyInvoices through one of the operator’s sales partners, deviations may occur due to the sales partner’s terms and conditions.
The operator is entitled to make alterations to the performance specifications or to the terms and conditions and other conditions. The operator shall only implement those alterations for valid reasons, particularly because of new technological developments, adjustments in jurisdiction, or other equivalent reasons. Insofar individual conditions in such a case leave the customer in a less favourable position, the operator grants the customer an exceptional right to terminate the contract unbound by a period of notice. Should the alteration significantly disrupt the contractual balance between the parties, the alteration will stay undone. Any alterations to the terms and conditions will be displayed to the customer when logging in to GetMyInvoices, and the customer will at that stage confirm his agreement with the validity of the altered terms and conditions.
§ 2 Contract Conclusion
2.1 SUBJECT MATTER OF THE CONTRACT
The operator provides SaaS services in the commercial software sector to his customers, using the medium internet. The subject matter of the contract is the deployment of software by the operator for use via internet, and the storage of the customer’s data (data hosting), a service supporting entrepreneurs regarding management and download of documents and invoices associated with commercial accounting (e.g., monthly statement, bookkeeping, etc.) as well as meta data. Customers are able to download invoices from online portals, or manage, forward and capture documents, among other things. The utilization of the service requires internet access as well as an up-to-date browser software.
The customer can search and manage downloaded documents. Additionally, the customer can let the service check email accounts for incoming invoices. Here, however, the operator assumes no responsibility for proper and complete indexation and provision. The verification of the data captured by GetMyInvoices falls to the customer.
Alternatively, the customer may use the feature “Central email postbox”. The customer can forward invoices directly to an email address provided by GetMyInvoices. GetMyInvoices processes the invoices received in this postbox automatically.
Furthermore, the operator gives the customer the opportunity to submit and process receipts and invoices from external devices.
2.2 REGISTRATION AND CONTRACT CONCLUSION
Following the registration with GetMyInvoices.com, the customer receives a personal account comprising an email address and a password, which the customer creates during the registration. This access data must not be imparted. The customer is solely responsible for its secure storage.
In the course of the registration for the service, the customer is obliged to exclusively make truthful statements regarding his own person and, where applicable, his company, and to keep his data up-to-date at all times. Registration using a false family or first name, false address or fictional email account is not permitted. In the case of obviously fictional details, the operator reserves his right to
delete the account.
The contract regarding the utilization of the services offered by GetMyInvoices shall be concluded when an authorized representative of GetMyInvoices accepts the order placed by the customer. The acceptance will be confirmed in writing or implied through the first fulfilment action. GetMyInvoices is entitled to refuse the contract conclusion without giving reasons. Insofar GetMyInvoices uses third parties to fulfil the agreed-upon services, those will not be considered contract partners to the customer.
2.3 OBLIGATIONS OF THE CONTRACTING PARTIES
The customer commits himself to not inappropriately use the platform GetMyInvoices.com, in particular to not introduce any data containing a computer virus (infected software) into the system, and to not use it in a manner that would negatively impact on the availability of the platform for other customers. The customer is responsible for the contents of documents.
In the event of any functional failures, malfunctions or impairments, the customer shall be obliged to cooperate to a reasonable extent in the error analysis, e.g. by providing a precise error report.The customer undertakes to prevent unauthorized access to the software by third parties, using suitable precautions. This decisively includes keeping the “User ID” (email address) and password secret, and not making those accessible to third parties. For this purpose, it is recommended to log out of the application when leaving the workplace. The access data must be stored in such a way that it cannot be misused by third parties. Personal passwords must be changed regularly, at least once a year. The customer must also inform his users about this matter. The customer is responsible for entering and maintaining the data and information required for the utilization of the SaaS service himself. This particularly includes the creation and maintenance of fee-based user accounts. If there is a suspicion that the confidentiality of the access data has been compromised, the customer is obligated to inform the operator immediately so that appropriate measures can be taken (e.g. allocation of new access data or temporary blocking of access).
The customer is obliged to cooperate as a whole, as far as this is necessary for the proper performance of the services of fino data services GmbH. In particular, the customer has to provide, without being asked, all documents necessary for the execution of the services completely and in such a timely manner that they can be processed within a reasonable time. The same applies to the provision of information about all processes and circumstances that may be of importance for the performance of the services.
The customer shall be obliged to comply with the instructions for the installation and use of the software provided and to create the specified system requirements.
2.4 FREE TRIAL PERIOD
Every customer may use GetMyInvoices free of charge for a trial period after registration. The free trial period may be cancelled at any time. Following this trial period, the customer does not automatically enter a fee-based subscription. If the customer wishes to continue using GetMyInvoices, he will be requested via email before termination of the trial period to enter his invoicing data through GetMyInvoices.com. Should the customer not follow this request, his customer account will be blocked and deleted after 30 days at the earliest.
2.5 SOFTWARE DEPLOYMENT
2.5.1 The operator makes the software solution GetMyInvoices available through the internet to the customer for utilization, in its respective current version, for the duration of the subscription, against payment. For this purpose, the operator stores the software on a server accessible to the customer through the internet. Updates are included in the subscription.
2.5.2 Following any advancement, the software’s respective up-to-date scope of services will be indicated on the operator’s website www.getmyinvoices.com.
2.5.3 The operator continuously monitors the software’s functioning and will remove any software errors, which may limit or prevent the utilization of the software, according to the technological possibilities.
2.5.4 The Customer shall not be granted any rights to the Software, in particular no rights to edit or further exploit it, beyond the transfer governed by this paragraph.
2.6.1 The customer is under obligation to pay the agreed fee plus value-added tax to the operator in return for the software deployment and data hosting. Payment takes place via one of the offered payment methods.
2.6.2 Payments can be made via direct debit, credit card, or PayPal. In case of payment through direct debit, the customer authorizes the operator to collect the due payment from an account specified by the customer. The cost of a reverse booking as well as the additional processing fee of EUR 10.00 is to be paid by the customer. The customer is entitled to prove that no or lower costs were incurred.
2.6.3 The invoices shall be made available to the Customer in its user account; the Customer agrees to receive electronic invoices. The claim to the provision of a paper invoice pursuant to Section 14 (1) sentence 5 UStG is excluded.
2.6.4 In case the customer became a GetMyInvoices customer through one of the sales partners, payment takes place through the sales partner rather than between the customer and the operator. Here, the conditions according to the sales partner’s contract apply.
2.7.1 The fee for the utilization of GetMyInvoices depends on the performance package booked by the customer. The current subscriptions with the respective scope of services, as well as the corresponding prices can be found at any time at www.getmyinvoices.com. The prices quoted there are understood to be exclusive of the relevant statutory value-added tax.
2.7.2 The operator reserves the right to offer special service packages in addition to the service packages according to § 2.7.1, which can be booked exclusively in the respective specified promotion periods and for which special prices apply. The respective scope of services and the corresponding prices of the special service packages can be found at www.getmyinvoices.com for the duration of the respective campaign period. Service packages already booked in accordance with § 2.7.1 cannot be converted into a special service package in the form of upgrades or downgrades.
2.8 SUBSCRIPTION CHANGES
It is possible to subscribe to a higher-performance package and more user access, which can be booked in the form of upgrades, at any time – these will be available to the customer immediately after activation of the new package. The price difference will be proportionally recalculated and collected separately.
Changing to a smaller package is possible at any time. Credit for the remaining term will not be given. The fee for the newly selected package will apply for the following invoicing period.
2.9.1 The Saas contract is concluded with the term displayed at the time of booking and selected by the User. Termination of the use of GetMyInvoices is possible according to the term displayed in the respective account (menu item/billing) at the end of the term in the account (menu item/billing). If the contract is not terminated in time, it will be extended by the previous contract period. The customer is required to back up his data in advance. Deletion of an account, including all data, takes place 30 days after the last invoice at the latest. Termination may take place through the customer or the user by cancelling the subscription in the customer section.
2.9.2 Both parties reserve the right to termination without notice for important reasons. An important reason on side of the operator exists in particular if:
- insolvency proceedings over the customer’s assets are opened, or the opening of insolvency proceedings have been refused for lack of assets,
- the customer is in default of his payment obligations arising out of this contracted relationship by at least two months, and has been unsuccessfully reminded, with an extension set, and warned of a possible dissolution of the contract,
- the customer culpably violates legal provision during the utilization of the contracted service, or if he interferes with the copyright, industrial property right or name rights of third parties, or
- the customer conducts or supports criminal, unlawful or ethnically questionable activities during the utilization of the contracted service.
§ 3 Data Protection and Data Security
3.1 DATA PROTECTION
The operator complies with the EU General Data Protection Regulation (GDPR) and other data protection provisions applicable in the contractual territory of Germany. To be able to fulfil the requirements, the following is agreed for the use of the GetMyInvoices service:
3.2.1 The operator is obligated to maintain strict secrecy regarding all confidential proceedings,
especially the customer’s business or corporate secrets, gained during the preparation, implementation and fulfilment of the contract, and to not pass on or otherwise exploit any of the above. This shall not apply insofar as this information either becomes public knowledge or the Customer’s interest in maintaining secrecy has discernibly ceased to exist.
3.2.2 The Operator undertakes to obtain knowledge of third party secrets within the meaning of the preceding paragraph only to the extent that this is necessary for the performance of the contract.
3.2.3 When employing third parties, the Operator undertakes to oblige them to maintain secrecy in text form and to inform them of the penal consequences of a breach of duty, insofar as they could obtain knowledge of third party secrets within the meaning of this Agreement in the course of their activities. With regard to its workforce, the operator shall comply with the legal requirements.
3.2.4 The following shall apply in addition to the above for persons practicing the profession of tax advisor:
22.214.171.124 The Operator shall participate as a service provider in the professional activities of clients who are subject to a professional confidentiality obligation. The Operator shall, in the knowledge of the penal consequences of a breach of duty pursuant to Section 203 of the German Criminal Code (imprisonment of up to one year or a fine) and the otherwise applicable legal provisions, protect third-party secrets made accessible to it by such clients.
126.96.36.199 In addition to clause 188.8.131.52, the customers who are holders of the tax consulting profession conclude the §203 StGB Professional Secrecy Agreement with the operator with the conclusion of this contract for the use of GetMyInvoices, which can be accessed at https://getmyinvoices.com/psa. The §203 StGB Professional Secrecy Agreement is part of this contract for the use of GetMyInvoices.
3.2.5 The duty of confidentiality according to paragraphs 3.2.1 to 3.2.4 does not exist as far as the Operator is obliged to disclose due to an official or judicial decision. Insofar as this is permissible and possible in individual cases, the Operator shall inform the Customer of the obligation to disclose.
3.3 DATA ENCRYPTION
To ensure the customer’s protection, all communications with GetMyInvoices are HTTPS protocol-encrypted.
3.4 DATA SECURITY AND DATA DEPLOYMENT
It falls to the operator to take appropriate precautions against loss of data and to prevent unauthorized access of third parties to any customer data.
To secure all customer data accruing during the utilization, the operator creates a back-up twice daily. This back-up is stored on different servers, which are redundantly secured multiple times. This back-up acts as security against system failure. The customer is not entitled to recovery of data he deleted himself. When and if the operator recovers any data, remains at the operator’s discretion. The customer is obligated to store his data himself – for instance, by way of regular exports. In the event of loss of data, the operator shall only be liable for the effort required to restore the data if the customer has properly backed up the data. In the event of simple negligence on the part of the Operator, this liability shall only apply if the Operator has simultaneously breached a material contractual obligation with the action leading to the loss of data.
The customer remains the sole owner of his data and is thus entitled to demand the issuance of all data at any time, in particular after contract termination, with no right to retention existing on side of the operator. The data issuance takes place via transmission over the data network. This data deployment and issuance and its invoicing takes place in accordance with arrangements made and actual expense. The customer is not entitled to receive the software suited to the utilization of the data.
Special conditions apply to the issuing of personal data. These are contained in the Data Protection Regulations and described in the Order Processing Contract.
§ 4 Warranty/Availability
The operator guarantees the functional and operational capability of the SaaS service, as well as the customer’s ability to use the contract software without breach of third-party rights. The warranty against material deficiencies does not apply to faults caused by the contract software being employed in a hardware- and software environment that does not fulfil the requirements, or to alterations and modifications the customer made to the software without being authorized to do so either by legal regulations, by contract or by the operator’s previous written consent.
Platform failure can occur due to technical reasons outside the operator’s scope of influence. In such a case, the operator guarantees to do everything in his power to re-establish availability as
soon as possible. The operator takes appropriate precautions as outlined under 3.4.
§ 5 Liability
The operator is not liable for any damages, in particular data loss, damages to soft- or hardware, or financial losses arising from his services, unless those are caused by grossly negligent or intentional behaviour on side of the operator, his vicarious agent or his legal representative. For damages to health, body or life, as well as damages in accordance with the Product Liability Law, the operator carries unreserved liability. The operator is also in case of slight negligence liable for the breach of duties of particular importance to the fulfilment of the contract purpose (cardinal obligations); here, the liability is limited to the amount of the typically foreseeable damage. This also applies to simple negligent breach of duty by the legal representatives and vicarious agents of the operator.
Exclusions or limitations of liability do not apply if the operator has expressly given a guarantee to the customer, the purpose of which was to protect against the occurrence of the claimed damages.
The liability according to the product liability law remains unaffected as well as the producer liability.
Except in the case of intent and gross negligence as well as the assumption of a guarantee, the operator is not liable for indirect damages, such as additional expenses, lost profits or missed savings.
5.2 UNAUTHORIZED ACQUISITION OF KNOWLEDGE
The operator is not liable for the unauthorized acquisition of personal customer data by third parties (e.g., through unauthorized access to the data bank by hackers). Equally, the operator cannot accept liability in case that information, which has been made accessible to third parties by the customer himself, is exploited or misused.
5.3. STORED CONTENT
The customer is solely responsible for the content of his stored data. It falls to him to ensure that no data breaching a valid legislation is stored. The operator refuses any responsibility for stored customer data.
5.4 THIRD-PARTY CLAIMS
In case of an infringement of the rights of third parties by one of the contract parties, said party will, against appropriate evidence, exempt the respective other party from any resulting claims for compensation as well as from the costs of legal defence at adequate amount. The exemption exists under the condition that the according contract party will only agree to or recognize the settlement of third-party claims following the previous written consent of the respective other contract party.
5.5 SUSPICION OF UNLAWFULNESS
The operator is entitled to immediately close the account, if reasonable suspicion exists that the stored data is unlawful and/or the rights of third parties are being infringed. A reasonable suspicion of unlawfulness and/or a breach of legislation exists in particular, if the operator is informed of such by courts, authorities and/or other third parties. The operator must notify the customer of the closure and its reason immediately. The closure is to be lifted once the suspicion has been calmed.
5.6 EXCLUSION OF FISCAL RESPONSIBILITY
The customer is responsible for the fiscal or legal correctness of any documents created or downloaded by the customer. Furthermore, the operator does not perform tax consultancy according to the Tax Consulting Law.
5.7 DATA PROCESSING
The operator stores the created documents and regularly creates data back-ups. The operator takes all appropriate and commercially justifiable measures to ensure the data protection of all stored documents and address data. However, the operator is not liable for the storage of the documents. If required, the customer may download any previously created/downloaded documents for his own data back-up in the customer section. In particular, the operator is not liable for compliance with fiscal and commercial legislation regarding retention (§§ 238, 257 Commercial Code; § 147 General Fiscal Law) during a running subscription.
§ 6 Special Conditions for Document Retrieval from External Sources
6.1 ACCOUNT ACCESS
Insofar GetMyInvoices contains functions enabling the customer to automatically retrieve documents from external sources (e.g., web portals of other operators and email accounts) and deposit those in his account, the following applies: If any access data (e.g., user name, password) is required to retrieve the requested information, this access data has to be made available to the operator by the customer, and will be saved by the operator for future retrievals. NB: The operator explicitly states that the automatically retrieved documents, and/or documents directly deposited by partner companies, may contain sensitive and/or confidential information.
By using the automated document retrieval, the customer commissions the operator as his authorized representative and confers to the operator the power to automatically retrieve information from the specified external sources
using the communicated access data in his name.
Utilization of the automated document retrieval through GetMyInvoices is solely the responsibility of the customer. In particular, the operator does not accept responsibility for any breaches of agreements between the customer and third parties prohibiting the utilization of the automated document retrieval.
§ 7 Support and Customer Service
The operator strives to respond to customer queries (via ticket system or email) regarding the application of the contractual software as promptly as possible following receipt.
§ 8 Notifications
The customer is obliged to update changes of address in his customer account without delay, otherwise notices sent to the last known address shall be deemed to have been received with legal effect.
§ 9 Final Provisions
9.1 APPLICABLE LAW/PLACE OF PERFORMANCE/PLACE OF JURISDICTION
The contract existing between the contract parties is subject – conditional to mandatory international private-law legislation – to the laws and legislations of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Kassel. Sole place of jurisdiction is Kassel, provided that each party is a trader or a legal entity under public law.
9.2 OFFSETTING BAN
Operator’s claims may only be offset against indisputable or legally determined claims.
9.3 SEVERABILITY CLAUSE
Should individual provisions of the terms and conditions prove to be invalid, this shall not affect the validity of the remaining provisions.
These Terms and Conditions are valid from 10 August 2023.
fino data services GmbH