Terms

General Terms and Conditions for the utilization of fintract

provided by:

fino data GmbH
Universitätsplatz 12
34127 Kassel
Registry court: Kassel
Register number: HRB 17436

Email: hello@fintract.io
Phone: (+49) 4550 996 9000

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 data services 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. Subprocessors

   The processor shall use certain subprocessors to perform the service. The conditions for the inclusion or deletion of subprocessors shall be determined according to the subprocessor annexes.

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 German Civil 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 German 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. fino maintains, through their provider, a constantly monitored server system for their applications, which allows you continuous access to the sections intended for you, assuming a properly running system. In case of system failure caused neither by wilful or grossly negligent actions by fino nor their performing and vicarious agents, an entitlement to withdrawal, reduction or compensation does not exist.

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 by email or, in case of app usage, via push notification. A message is considered issued if it has been received under ordinary circumstances on the server operating your electronic postbox, and if you were able to become aware of it under regular circumstances.
   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

    German law applies to the business relationship unless mandatory statutory provisions oppose this.

11. Conditions for employment or termination of sub-provider relationships

    German law applies to the business relationship unless mandatory statutory provisions oppose this.

    1. The processor will inform the customer in written or text form within an appropriate time frame prior to consulting further or replacing listed subprocessors.
    2. The responsible person may raise an objection against the alteration with the appropriate contact, as indicated by the processor – within a reasonable time frame, but no longer than 2 weeks – for important, data protection-related reasons. If no objection is raised, approval is considered to be given. In case of unjustified objections, delays in performing the service, as laid out in the principal contract, may accordingly occur. The processor will not be held liable for any limitations of the contractual services resulting from an unjustified objection.
    3. In case the controller raises a justified objection against a subprocessor for important, data protection-related reasons and a consensus-based solution finding process between the parties is not possible because of important, data protection-related reasons, the parties may avail of an exceptional right of termination.
    4. By signing the principal contract or the corresponding Data Processing Agreement, the customer consents to the employment of the following subprocessors:
    Subprocessors:
    • Amazon Web Services EMEA Sàrl 5, Rue Plaetis L-2338 Luxembourg (Cloud-Infrastructure Services, Data centre location: Frankfurt)
    • Google Ireland Limited, Gordon House, Barrow Street 4, Dublin, Irland (Cloud-Infrastructure Services, Data centre location: Frankfurt)
    • HostEurope GmbH, Hansestrasse 111, 51149 Köln, Germany (Email-Management Services)