Terms

General Terms and Conditions for the utilization of fintract

provided by:

fino run GmbH
Universitätsplatz 12
34127 Kassel
Registry court: Kassel
Register number: HRB 17459

Website: https://fino.run
Email: info@fino.run
Phone: (+49) 561861850

1. General and Particular Terms and Conditions

   These Terms and Conditions (T&Cs) apply additionally to the individual contract agreements for the utilization of the service “fintract” (hereinafter “fino service”) by fino run GmbH. Additional or divergent special conditions may apply for individual sections of the product.

2. Object of Performance

   The fino service comprises the following performance components:

   1. fintract is a REST API service for fast and easy OCR data extraction from invoices and receipts in real time.
   2. fintract processes the following data formats: pdf, tiff, jpeg, png.
   3. fintract transmits invoices to the user in the JSON format.

3. Utilization

   1. The utilization of the service is exclusively permitted to legal entities or other commercial customers. The service is directed at entrepreneurs. Consumers in accordance with §13 Civil Law Code are excluded from utilization.
   2. In the course of the registration for service, you are obligated to make only truthful statements regarding your person or business, and to keep your data up to date at all times.
   3. The contract for the utilization of the service gains validity with the completion of a subscription and your agreement to the T&Cs. The selected package term begins with activation through the provider.
   4. An entitlement to the utilization of the fino service does not exist. fino explicitly reserves the right to deny the conclusion of a utilization contract without stating reasons, particularly because of incorrect details given or unauthorized utilization of a third party’s user account. This also applies in case of reasonable doubt regarding the user’s identity, or if the Terms and Conditions are breached in another way. Individual performance components may be extended or removed from the application by fino.

4. Sub-service Providers

   To carry out the provision of service, the contractor uses the following sub-service provider:

   1. fino data services GmbH, Universitätsplatz 12, 34127 Kassel, OCR-Service

5. Remuneration

   1. The utilization fees are determined by the selected utilization model and the relevant current pricing conditions set out in the customer section.
   2. All prices are understood to be exclusive of the statutory Value Added Tax of currently 19%. All payments are to be made in advance.
   3. Any claims made by the provider can only be offset by the member with unchallenged or legally binding claims. This accordingly applies to the assertion of a right to retention as well as a right to objection in accordance with §§634a Para. 4, 438 Para. 4 Civil Law Code.

6. fino’s Liability

   1. fino is liable for any actual fault as well as the fault of persons employed to fulfil or perform the obligation to the user, if nothing to the contrary emerges from the following paragraphs, from the special or particular conditions, or from the individual contract agreements. Where fino is liable and the damage was not exclusively induced or caused by fino, the liability for compensation is determined by the principles of contributory negligence in accordance with §254 Civil Law Code.
   2. In absence of instructions to the contrary, fino may transfer orders partly or completely to third parties for independent execution, insofar it is deemed necessary considering the manner of the order and the interests of both fino and the user. In such a case, fino’s liability is limited to the transfer of the order inclusive of diligent selection and instruction of the third party.
   3. fino is not liable for damages caused by disruption of business operations (e.g. bomb threat, server failure), in particular as a result of force majeure (e.g. events of war or natural phenomenon) as well as resulting from other events not attributed to fino (e.g. strike, lockout, traffic disruption, failure of communication networks or gateways of other providers, as well as disruptions in the sector of other telecommunications- and service providers), or damages caused by injunctions at higher instances at home and abroad.
   4. Through fino’s provider, fino maintains a constantly monitored server system for its applications, which enables the user to access the sections intended for him at all times, given that the system is operating properly. In case of system failure not caused intentionally or by gross negligence of either fino or fino’s performing and vicarious agents, the user is not entitled to withdrawal, reduction, or damages.

7. Obligations of Cooperation and Due Diligence of the User

   1. You are obligated to use the offered fino service exclusively for its intended purpose.
   2. Notifications from fino will be sent to you via email. A notification is considered delivered once it has been received on the server operating your electronic postbox under normal circumstances and if you were able to regularly gain knowledge of it.
   3. You are obligated to follow the support and instructions given within the application and to observe the recommendations for action.

8. Termination of the Contractual Relationship

   The terms and periods of notice relevant to the booked utilization models can be determined from the pricing conditions set down in the customer portal.

9. Alterations of the Contract Conditions

   Any alterations to these contract conditions will be offered to you two months prior to their coming into effect at the latest. Your agreement to an alteration of these contract conditions is considered given unless you make your refusal known before the suggested time of coming into effect.

10. Final Provisions

    1. German Law applies to this business relationship, insofar no conflicting mandatory legal provisions exist.
    2. Regarding data protection regulations, we refer you to the fino run GmbH Privacy Statement for the utilization of fintract.