Terms and Conditions (T&Cs)

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts concluded between Kay Maik Fotografie, Kay Maikowske, Tönisberger Str. 33, 47509 Rheurdt (hereinafter "Provider") and the customer (hereinafter "User") regarding the use of the web application KlaroFin.

(2) Deviating conditions of the user are not recognized unless the provider expressly agrees to their validity in writing.

(3) The provider's offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) as well as legal entities under public law and special funds under public law. By registering, the user confirms that he is concluding the contract in the exercise of his commercial or self-employed professional activity and not as a consumer within the meaning of § 13 BGB. Use by consumers is excluded.

§ 2 Subject of the Contract

(1) The subject of the contract is the provision of the web-based accounting application KlaroFin (hereinafter "Service") for use via the Internet. The service enables the creation and management of invoices, offers, expenses and other accounting functions.

(2) The provider provides the application in its currently valid version. The provider reserves the right to expand or adapt the range of functions at any time, provided this is reasonable for the user.

(3) The service is provided as Software as a Service (SaaS). The user does not acquire ownership of the software.

§ 3 Conclusion of Contract and Registration

(1) Registration for the service is only open to entrepreneurs within the meaning of § 14 BGB who are also of legal age and full legal capacity.

(2) By registering, the user makes an offer to conclude a user contract. The contract is concluded when the provider confirms the registration by activating the user account.

(3) The user is obliged to provide truthful and complete information during registration and to update it immediately in the event of changes.

(4) The user must keep his access data secret and protect it from access by third parties.

(5) By submitting the registration, the user expressly confirms that he is an entrepreneur within the meaning of § 14 BGB and that he uses the service exclusively for commercial or self-employed professional purposes. This confirmation is a prerequisite for the conclusion of the contract.

§ 4 Services and Availability

(1) The provider strives for high availability of the service. However, a specific availability is not promised. In particular, the service may be temporarily unavailable due to maintenance work, technical malfunctions or force majeure.

(2) The provider carries out regular backups of the user data, but assumes no guarantee for the completeness or recoverability of the data.

(3) The user is responsible for backing up his data himself and should regularly create his own backups.

§ 5 Prices and Payment

(1) The currently valid prices can be seen on the provider's website.

(2) The provider is a small business owner according to Sect. 19 UStG. The stated prices are final prices and do not contain VAT.

(3) Payment is made in advance for the respective billing period (monthly or annually).

(4) In the event of late payment, the provider is entitled to block access to the service until the outstanding amounts have been settled.

§ 6 Trial Phase

(1) New users are granted a free trial phase of 14 days.

(2) No costs arise during the trial phase; no payment details are required. There is no automatic switch to a paid plan and no automatic debit after the trial phase has expired.

(3) All functions of the service are available during the trial phase.

(4) After the trial phase has expired, the conclusion of a paid subscription is required for continued use. If the user does not conclude a subscription, access to the paid functions is blocked; no termination is required for this. A paid subscription is only concluded by an express, chargeable order placed by the user.

§ 7 User Obligations

(1) The user undertakes to use the service only for lawful purposes and not to store or process any illegal content.

(2) The user is responsible for the accuracy and completeness of the data entered by him.

(3) The user may not use the service for purposes that violate legal provisions, in particular tax or commercial law regulations.

(4) The user must fulfill all necessary tax and legal obligations in connection with his accounting himself. The service is not a substitute for tax advice.

§ 8 Liability

(1) The provider is liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty.

(2) For other damages, the provider is only liable in the event of intent or gross negligence as well as in the event of a breach of essential contractual obligations (cardinal obligations). In the event of a slightly negligent breach of cardinal obligations, liability is limited to the foreseeable, contract-typical damage.

(3) The provider is not liable for damages resulting from incorrect bookkeeping, incorrect tax returns or similar actions by the user. The service merely supports accounting, but is not a substitute for professional tax advice.

(4) Without prejudice to paragraphs 1 and 2, the provider is not liable for data loss caused by force majeure or by the user's own insufficient data backup. The user is responsible for regularly backing up his data via the export function.

§ 9 Contract Term and Termination

(1) The contract is concluded for an indefinite period.

(2) The user can terminate the contract at any time at the end of the current billing period.

(3) The provider can terminate the contract with a notice period of 30 days to the end of the month.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) After termination of the contract, the user's data will be deleted within 30 days, provided no statutory retention periods conflict. The user has the possibility to export his data before deletion.

§ 10 Data Protection

The collection and processing of personal data takes place in accordance with our privacy policy, which can be called up under /datenschutz.

§ 11 Changes to the T&Cs

(1) The provider reserves the right to change these T&Cs with effect for the future, insofar as this is occasioned by changes in the legal situation, in supreme court case law, in the technical framework or in the range of services, and does not unreasonably disadvantage the user. Essential parts of the contract, in particular the nature and scope of the main service and the prices, remain unaffected.

(2) Changes will be communicated to the user in text form (e.g. by e-mail) at least 30 days before they are scheduled to take effect. In the notification, the user will be separately informed of the amended conditions, of his right to object, of the objection period and of the significance of his silence.

(3) If the user does not object within 30 days of receiving the notification, the changed T&Cs are deemed to have been accepted. If the user objects in due time, the contract will be continued under the previous conditions; in this case the provider is entitled to terminate the contract by ordinary notice at the end of the current billing period.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the seat of the provider.

(3) Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions remains unaffected.