Terms

General Terms and Conditions for the use of fintract

GTC Software-as-a-Service (SaaS) fintract

§ 1. Introduction

1.1

BUSINESS PARTNER

The following General Terms and Conditions regulate the relationship between the company fino data services GmbH (hereinafter referred to as “operator” or “fino”) and the account creator (hereinafter referred to as “customer”) of the online service fintract.io (hereinafter also referred to as “fintract” or “fino service”). A customer is any natural or legal person who has legally registered for the above mentioned service and whose order has been accepted by the operator. The offer for the use of the fino service is exclusively directed at entrepreneurs in the sense of § 14 BGB (German Civil Code). Consumers in the sense of § 13 BGB are not eligible to participate. These General Terms and Conditions regulate the relationship between the operator and the customer. The use of the service is governed exclusively by these General Terms and Conditions together with any individual contractual supplementary agreements and 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 in writing. These GTC and the agreed prices shall also apply if the operator provides services without reservation in the knowledge of deviating general terms and conditions of the customer. These GTC only regulate the service relationship between fino and the customer for the offer fintract. In the relationship with employees of the customer, fino acts only as a vicarious agent of the customer.

1.2

ACKNOWLEDGEMENT OF THE GENERAL TERMS AND CONDITIONS

By registering on fintract.io and the associated service, the customer agrees to the validity of the General Terms and Conditions.

1.3

AMENDMENTS

The operator is entitled to make changes to the service description or the general terms and conditions and other conditions. The operator will only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If individual provisions place the customer in a worse position in such a case, the operator grants the customer an extraordinary special right of termination of the contract, which is not bound to any period of notice. If the contractual balance between the parties is considerably disturbed by the amendment, the amendment shall not be made. Amendments to these General Terms and Conditions shall be offered to the customer for acceptance at least two months before they take effect. The customer may either accept or reject the amendments before their proposed effective date. Consent to an amendment to the General Terms and Conditions shall be deemed to have been given if the customer has not given notice of rejection before the proposed date on which the amendment is to take effect. The customer shall be notified in writing or in text form of any changes in performance under this clause at least two months before they take effect. The customer may terminate the service affected by the change in service within one month of notification of the change in service when it comes into effect, in writing or in text form. After further development, the respective current functional scope of the software results from the service description on the Operator’s website at https://fintract.io/en/.

§ 2 Formation of contract

2.1

SUBJECT MATTER OF THE CONTRACT

The subject matter of the contract is the provision of the Operator’s software for use via the Internet and the storage of the Customer’s data (data hosting).

The fino service consists of the following service components:

  • fintract is a REST API service that enables fast and easy OCR data extraction from documents in real time. The use of the fino service is enabled by providing an API key.
  • The different document types suitable for the service can be seen in the customer centre. Depending on the document type, the operator reserves the right to limit the number of pages for data extraction. The maximum number of pages available per document type is ten pages. Any deviations from this limit can be agreed upon individually and adjusted by the operator in the customer centre.
  • fintract processes the following data input formats: pdf, tiff, jpeg, png.
  • fintract transmits the data determined from the documents to the customer in JSON format.

For the use of the services offered by the operator, internet access and up-to-date browser software is required.

The customer is responsible for checking the content of the data collected with fintract.

2.2

REGISTRATION AND CONTRACT CONCLUSION

After registering on fintract.io, the customer receives a personal account consisting of an e-mail address and password, which the customer creates himself during registration. These access data may not be passed on. The customer is responsible for their safekeeping. The operator reserves the right to make the use of a second factor for authentication available to the customer as an option. If this option for authentication exists, it is expressly recommended by the Operator for security reasons.

The customer undertakes to provide only truthful information about himself and his company when registering for fintract and to keep his data up to date at all times. Registration under false names and first names, false addresses and fictitious e-mail accounts is not permitted. In the case of obviously fictitious information, the operator reserves the right to delete the account.

The contract for the use of the offered services is concluded when a representative authorised by fino accepts the order placed by the customer. The acceptance is confirmed in writing or implied by the first fulfilment act. The operator is entitled to refuse the conclusion of the contract without giving reasons. Insofar as the operator uses third parties for the fulfilment of the agreed service, these do not become contractual partners of the customer.

2.3

OBLIGATIONS OF THE CONTRACTING PARTIES

The customer undertakes not to misuse the service, in particular not to introduce data into the system that contains a computer virus (infected software) and not to use it in a way that negatively affects the availability of the service for other customers. The customer is responsible for the contents of the documents.

The customer is obliged to report any functional failures, malfunctions or impairments immediately and as precisely as possible.

The customer undertakes to prevent unauthorised access to the software by third parties by taking suitable precautions. This includes significantly keeping “User ID” (e-mail address) and password secret and not making them 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 of this. The customer is responsible for entering and maintaining the data and information required to use the service. This includes, in particular, the creation and maintenance of the chargeable user accounts.

If it is suspected that the confidentiality of the access data has been compromised, the customer is obliged to inform the operator of this 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 insofar as this is necessary for the proper performance of the services. In particular, the customer shall, without being requested to do so, provide all documents necessary for the performance of the services in full and in good time so that they can be processed within a reasonable period of 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 is obliged to comply with the instructions for the installation and use of the software provided and to create the specified system requirements.

If and insofar as the Client provides the Operator with data such as receipts, etc., in particular for the purpose of generating data records, it shall be the sole responsibility of the Client to ensure the correctness of the pre-systems used by