General terms and conditions (GTC) of business for the use of fino-Cockpit
provided by:
fino run GmbH
Universitätsplatz 12
34127 Kassel
§ 1. General and special terms and conditions
These General Terms and Conditions (GTC) apply in addition to any individual contractual agreements for the use of the service (hereinafter referred to as fino service) of fino run GmbH. Supplementary or deviating special terms and conditions may apply to individual parts of the product.
§ 2. Subject of service
2.1 The Operator (Contractor) provides SaaS services for its customers (Clients) via the Internet in the area of commercial software. By providing its web application, the Contractor enables the Client to offer its customers (users) a digital service that supports the Client in gaining an overview of the users’ life and financial situations.
2.2 A current service description can be found on the service’s website.
2.3 Internet access and up-to-date browser software are required to use the service.
§ 3 Usage
3.1 Only legal entities or other commercial customers are authorised to use the service. The service is aimed at entrepreneurs. Consumers within the meaning of § 13 BGB are excluded from using the service.
3.2 When registering for the service, you are obliged to provide only truthful information about yourself or your company and to keep your data up to date at all times.
3.3 The contract for the use of the service is concluded with the selection of a contract package and the acceptance of the GTC by the customer and the subsequent activation by the provider. The selected term of the package begins with the activation.
3.4 There is no entitlement to use the fino service. fino expressly reserves the right to refuse the conclusion of a user contract without giving reasons, in particular due to incorrect information or unauthorised use of a third-party user account. This also applies if there are doubts about the identity of the customer or if the General Terms and Conditions are violated in any other way. Individual service components can be extended or removed from the application by fino.
§4 Subcontractors
The Contractor shall use certain subcontractors to perform the service. The conditions for the inclusion or cancellation of subcontractors are set out in the Subcontractor Annex.
§5 Remuneration
5.1 The usage fees are determined by the selected usage model and the current price conditions.
5.2 All prices are subject to VAT at the current rate of 19%.
5.3 The customer may only offset the provider’s claims against uncontested or legally established claims. The same applies to the assertion of a right of retention and the defence pursuant to Sections 634a (4), 438 (4) BGB.
§6 Package change
6.1 Packages with more services and additional user access, which are booked in the form of upgrades, are possible at any time and are available to the user immediately after activation of the new package. The price difference will be recalculated pro rata for the remaining term and charged separately.
6.2 You can switch to smaller packages at any time. No credit note will be issued for the remaining term. In the following billing period, the price of the newly selected package will be charged.
§7 Liability of fino
7.1 fino is liable for its own fault as well as the fault of persons it uses to fulfil or perform its obligations towards the customer & user, unless otherwise stated in the following paragraphs, the special conditions or individual contractual provisions. If fino is liable and the damage is not exclusively caused by or the fault of fino, the obligation to pay damages is based on the principles of contributory negligence in accordance with § 254 of the German Civil Code.
7.2 In the absence of instructions to the contrary, fino may transfer orders in whole or in part to third parties for independent fulfilment, insofar as this appears necessary, taking into account the nature of the order and the interests of fino and the user. In these cases, fino’s obligation and liability are limited to the forwarding of the order, including careful selection and instruction of the third party.
7.3 fino is not liable for damages caused by disruption of operations (e.g. bomb threat, server failure), in particular as a result of force majeure (e.g. war and natural disasters) or as a result of other events for which it is not responsible (e.g. strike, lockout, traffic disruption, failure of communication networks or gateways of other operators, as well as disruptions in the area of other telecommunications or service providers) or which occur as a result of orders from domestic or foreign authorities.
7.4 fino maintains a constantly monitored server system for its applications via its supplier/provider, which enables the user to access the areas intended for him at any time if the system is running properly. In the event of a system failure that is not due to intentional or grossly negligent behaviour on the part of fino or its vicarious agents, the user shall not be entitled to withdraw from the contract, reduce the price or claim damages.
§8 Obligations of the user to cooperate and exercise due diligence
8.1 You undertake to use the fino service offered exclusively for the intended purpose.
8.2 Notifications from fino will be sent to you by e-mail. A message is deemed to have been received if it was received under normal circumstances on the server on which your electronic mailbox is operated and you were able to obtain knowledge of it under regular circumstances.
8.3 You undertake to follow the assistance and instructions provided within the application and to observe the recommendations for action.
§9 Termination of the contractual relationship
9.1 The terms and cancellation periods of the booked usage models can be found in the current price conditions.
9.2 The Saas contract is concluded as a monthly or annual package with a term of one month or one year. The use of fino-Cockpit can be cancelled with one day’s notice to the end of the term. If the contract is not cancelled in good time, it will be extended by a further month in the case of the monthly package and by a further year in the case of the annual package. The account, including all data, will be deleted no later than 30 days after the last billing.
9.3 Both parties are at liberty to terminate the contract without notice for good cause. An important reason exists for the operator in particular if:
(a) insolvency proceedings are opened against the customer’s assets or the opening of insolvency proceedings is rejected for lack of assets,
(b) the customer is in arrears with payment obligations arising from this contractual relationship to the extent of at least two months’ fees and has been unsuccessfully reminded with a grace period and under threat of cancellation of the contract,
(c) the customer culpably violates legal provisions or infringes copyrights, industrial property rights or naming rights of third parties when using the contractual service, or
(d) the customer carries out or supports criminal, illegal or ethically dubious acts when using the distributed service.
§10 Changes to the contractual terms
The operator is authorised 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 shall grant the customer an extraordinary special right of cancellation of the contract.
§11 Final provisions
11.1 The contract existing between the contracting parties is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. The place of fulfilment is Kassel. The exclusive place of jurisdiction is Kassel, provided that each party is a merchant or a legal entity under public law.
11. 2 Only undisputed or legally established claims may be offset against claims of the operator.
11.3 Unless otherwise agreed in writing in individual cases, the General Terms and Conditions of the Operator shall apply exclusively. Any deviating general terms and conditions of the customer are deemed to be contradicted and are excluded.
Kassel, 14 September 2021
