Terms of Use

Preamble

These Terms of Use apply to access and use of the BillMore Application (hereinafter referred to as "App" or "Software") or the BillMore web site http://billmore.de ("Website", together the "Services") and the services offered therein by S17 Software UG (haftungsbeschränkt), Kolpingstraße 14, 73433 Aalen; HR-Nr.: HRB 735402, Ulm, Management: Steffen Keller, VAT ID number: DE313425388 (hereinafter referred to as "S17 Software", "BillMore" or "we/us").

S17 Software offers you as a business owner a mobile app with which you can create and export invoices, offers and delivery bills as well as manage customers and items. The application and services are therefore aimed at businesspeople.

§ 1 Scope of application

(1) For all our services presented and provided via the website www.billmore.de and/or the App, these terms and conditions apply exclusively. For the validity of deviating terms and conditions, the express written consent on our part is required for their validity. This applies in particular to deviations from the written form requirement. Other contractual conditions do not become part of the contract even without explicit objection on the part of S17 Software.

(2) S17 Software is responsible for the contractual provision of the services and for the supervision, control and monitoring of the same. You as the customer are responsible for the integration of the software and services delivered by us and for the desired results. S17 Software only offers the platform for this.

(3) By accepting these terms and conditions and using the application, you declare that you are an entrepreneur and that you are therefore acting in your commercial or self-employed professional capacity when concluding this legal transaction.

§ 2 Services

(1) S17 Software offers you a mobile app with which you can create and export invoices, offers and delivery bills, as well as manage customers and items. In addition, the created documents can be sent directly to customers via e-mail.

(2) The app is offered in three versions:

  1. Trial version: By downloading and accepting these terms of use, you will receive the software for use with limited functionality. Only 10 invoice documents can be created with it. Use of the trial version is free of charge. A change to the full version with costs is possible at any time. It is not necessary to create a user account.
  2. Offline Invoicing: (for Apple iOS from version 12.0) By creating a user account and making a one-time purchase via in-app purchases, the full scope of services can be activated. An account of the respective App Store (Apple App Store https://www.apple.com/legal/internet-services/itunes) is required for payment processing. After purchase, documents can be created and managed locally on the device. Furthermore, there is the possibility of an encrypted backup on our servers. A cross-device administration of the data is not possible. An upgrade to the Cloud Invoicing version is possible at any time, but there is no claim for reimbursement.
  3. Cloud Invoicing: (for Apple iOS from version 12.0) By creating a user account, the full scope of services can be activated for a monthly or annual fee. For payment processing, an account of the respective App Store (Apple App Store https://www.apple.com/legal/internet-services/itunes) is required. For the creation of a co-user (employee of yours) the registration of another user account for the co-user is required. The co-user himself does not have to pay any separate fees for this. For the selected contract period, the services can be managed across devices, even in front of several users with different user rights. The data is encrypted centrally. In this form, you will be provided with the corresponding storage space on our server during the contract period. The number of documents to be created monthly is limited. The number of documents already used in the billing period is displayed in the application. It can be upgraded to a higher subscription level at any time. The available contingents are shown in the application before booking. With higher levels, further additional functions are also activated. The scope is displayed when booking and can be viewed on our website. We are permitted to involve subcontractors when granting storage space. It is not possible to switch to the Offline Invoicing version.

(3) We guarantee to keep the agreed server-related services available at an annual average of 98.5 %. This does not include times when the services cannot be accessed via the Internet due to technical or other problems that are beyond our control (e.g. force majeure, fault of third parties, etc.). This does not include necessary maintenance work. The availability will not be interrupted for more than 48 hours at a time.

(4) We reserve the right to modify or improve the services. If restrictions of the contractually essential scope of services are associated with the modification, you have an extraordinary right of termination. If services are provided free of charge, we are entitled to discontinue them without notice after prior notification. A claim for reduction, reimbursement or compensation cannot be asserted as a result.

(5) In the event of a fundamental change in the legal or technical standard on the Internet, we reserve the right to terminate the contract extraordinarily, insofar as it is unreasonable for us to provide the services in whole or in part within the scope of the purpose of the contract.

§ 3 Duties of the customer

 (1) You are obliged not to store any illegal content that violates laws, official regulations or the rights of third parties on the storage space provided. Our services may not be misused, in particular

  1. for the unsolicited sending of e-mails to third parties for advertising purposes or the sending of messages for advertising purposes.
  2. for attempts at unauthorized retrieval of information or data or unauthorized intrusion into data networks.
  3. for sending threatening or harassing messages.
  4. for the inclusion of information with illegal or immoral content. Such offers may also not be referred to. This also includes contents which, according to §§ 130, 130a and 131 StGB (German Criminal Code), serve to incite sedition, lead to criminal offences, glorify or trivialize violence or are sexually offensive. This also includes content that is pornographic in the sense of § 184 StGB (German Criminal Code), is suitable to morally endanger children and young people or to impair their well-being or content that can damage the reputation of S17 Software or BillMore. All statutory provisions shall be observed by the customer, in particular the provisions of the Interstate Youth Media Treaty and the Youth Protection Act.

(2) You are obliged to prevent unauthorized access by third parties to the protected areas of the Software by taking suitable precautions. For this purpose, you must, if necessary, inform your employees of the compliance with copyright law.

(3) Notwithstanding our obligation to secure data, you are responsible for entering and maintaining the data and information required to use the services.

(4) You are obliged to check your data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.

(5) The customer will provide a valid e-mail address for access to the use of the services and generate a password, which is required for further use of the services via the created user account. You are obliged to keep the e-mail address in connection with the password secret and not to make it accessible to third parties.

(6) You are solely responsible for all content and processed data used by you or your employees as well as for any legal positions that may be required for this. We do not take any notice of your contents and generally do not check the contents used with the software.

(7) You agree to indemnify and hold S17 Software harmless from and against any and all liability and costs, including possible and actual costs of any legal action, if we are held liable by any third party, including your employees personally, as a result of any alleged act or omission on your part. We will notify you of the claim and, to the extent legally possible, give you the opportunity to defend yourself against the asserted claim. At the same time you will immediately and completely inform S17 Software of all information available to you about the facts that are the subject of the claim.

(8) If you violate the duties and obligations mentioned here significantly or sustainably and if this behavior contrary to the contract is not reversed and discontinued after a warning by us, we are entitled to discontinue services and deliveries and to terminate the contract without notice.

§ 4 Data protection

(1) The conclusion of fee-based contracts for services requires that you register a customer account with us via the App with the personal data required there and that you declare your agreement with the validity of these terms and conditions and the privacy policy. Only persons with unlimited legal capacity and acting in an entrepreneurial manner within the meaning of § 14 BGB are entitled to register. There is no entitlement to registration. When registering, you choose a password according to the registration form provided in the app or on the website and enter a valid e-mail address. The password must be kept secret and may not be disclosed to third parties.

(2) As far as we act in connection with the services to be rendered by us in the sense of commissioned data processing according to article 28 EU-GDPR, i.e. we process personal data, for which you are responsible in the sense of data protection law, on your behalf and in accordance with your instructions, the legal regulations for commissioned data processing apply between S17 Software and you. In this respect, reference is made to the conditions of a contract for the processing of personal data to be agreed upon separately between S17 Software and the customer.

§ 5 Software transfer and rights of use

(1) For the duration of this contract, we shall make the Software available to you via the Internet in the respective current version against payment. The software must be downloaded from the respective app store.

(2) S17 Software grants you the non-exclusive and non-transferable right to use the Software designated in this Agreement for the duration of the Agreement within the scope of the contractual services as intended on a temporary basis.

(3) You may only process the Software to the extent that this is covered by the intended use of the Software in accordance with the respective current performance description.

(4) Necessary duplication includes loading the Software into the main memory of your terminal equipment and installing or storing the Software on data carriers (such as hard disks or similar) of the hardware you use.

(5) You shall not be entitled to make the Software available for use by third parties, whether for payment or free of charge. You are therefore expressly not permitted to sell or lease the software. Third parties are not those who are vicarious agents of the customer and use the services free of charge, such as employees of the customer, freelancers within the scope of the contractual relationship, etc.

(6) The Software may under no circumstances be modified, reverse-engineered, further developed or translated by you. Written material may not be reproduced nor may works derived from the documentation be produced.

(7) The content you place on the storage space designated for you may be protected by copyright and data protection laws. You hereby grant us the right to make the contents stored on the server accessible to you or to addressees designated by you in the event of queries via the Internet and in particular to reproduce and transmit them for this purpose and to reproduce them for the purpose of data backup.

(8) We use open source software for individual software modules (libraries) for the software provided to you. With regard to these modules, the customer is granted the rights of use in accordance with the license conditions applicable to these modules. A list of these modules with the corresponding license conditions will be made available to you in the app. The provisions of these terms and conditions shall only apply in addition to these software modules.

§ 6 Granting of storage space

(1) Within the scope of the "Cloud Invoicing" version, we provide you with a defined storage space on a server for storing your data, which you can access in connection with the use of the provided software. We only owe the provision of storage space for use by you as a customer. We are not subject to any safekeeping or custody obligations with regard to the data transmitted and processed by you. You are responsible for observing the retention periods under commercial and tax law. You can store content on the server to the extent guaranteed in accordance with the service description. This includes all documents created within the framework of the booked contingents. The contingent available in the respective booking period can be viewed in the application. If the storage space for storing the data is no longer sufficient, we will inform you of this. You can then reorder corresponding contingents subject to availability.

(2) We ensure that the stored data can be accessed via the Internet.

(3) You are not entitled to transfer this storage space to a third party for use, either in part or in full, whether in return for payment or free of charge. Excepted from this are co-users authorized by you, to whom you have granted read and/or write rights using the App functions.

(4) The customer undertakes not to store any content on the storage space, the provision, publication or use of which violates applicable law or agreements with third parties.

(5) We will take suitable precautions against data loss and to prevent unauthorized access to your data by third parties in accordance with the state of the art.

(6) In any case, you remain the sole owner of the data and can demand the surrender of individual or all data. If you request the surrender of a copy of the data more than once in a calendar quarter, you shall pay the fees set out in the price list valid at the time of conclusion of the contract.

(7) Upon termination of the contractual relationship, we will immediately hand over to you all data stored in the storage space assigned to you.

(8) The release of the data is effected by transmission via a data network. You can download the data within 30 days after termination of the contract using the download function provided. You are not entitled to receive the software suitable for using the data.

§ 7 Data backup

(1) In the case of server-based storage, we carry out daily backups of the customer's data on the data server. The data backups are carried out on a rolling basis in such a way that the data backed up for one weekday is overwritten during the data backup carried out for the following same weekday. Otherwise, you are responsible for the data backup. A separate agreement and order is required for additional backup work.

(2) When creating backups in the Offline Invoicing version, the encrypted backups stored on our servers are linked to the customer account. The two most recently created backups are always stored on the server, so the oldest backup is automatically deleted from the server when a newer backup is created.

§ 8 Term and termination

(1) The contract is concluded for an indefinite period. For the trial version, the contractual relationship begins with your acceptance of the terms of use and can be terminated at any time by either party by declaration in text form, e.g. by e-mail. The contract for the use of the Offline Invoicing version, which is subject to a one-time fee, runs for an indefinite period of time and begins with the log-in and registration by you and can be terminated by you at any time in text form by declaration in text form, e.g. by e-mail. For this purpose, the termination can be effected via your AppStore provider and the offered subscription management. You can find more detailed information on termination at the AppStores (Apple App Store https://support.apple.com/en-us/HT202039). A contract for the use of the Cloud Invoicing version is concluded for a period of time specified when booking. The contractual relationship will be extended by the same period specified at the time of booking, unless the contract is terminated by one party at the end of the respective term. The period of notice is based on the terms and conditions for subscription termination of the respective store provider (Apple: https://www.apple.com/legal/internet-services/itunes)

(2) The right of each party to the contract to terminate the contract without notice for good cause shall remain unaffected. We shall be entitled to terminate the contract without notice in particular if

  1. you are in arrears with due payments of an amount corresponding to at least two monthly premiums and do not make payment despite reminder and setting of a grace period or
  2. you persistently violate the contractual provisions regarding the use of our services or
  3. insolvency proceedings are opened over your assets or you become insolvent.

A termination without notice shall in any case require that the other party has been warned in writing and requested to eliminate the alleged reason for termination without notice within a reasonable period of time.

§ 9 Remuneration, terms of payment

(1) You shall pay the agreed one-time ("Offline Invoicing") or monthly fee ("Cloud Invoicing") plus statutory VAT for the provision of the Software and the granting of storage space. Unless otherwise agreed, the remuneration shall be based on the price list valid at the time the contract is concluded or the price displayed at the time of booking.

(2) The price for the Offline-Invoicing version must be paid once in advance. The price for the Cloud Invoicing version is payable monthly in advance for one month. Deviating from this, annual payments can be determined. These must be paid in advance for the entire year. An annual settlement requires a separate agreement.

(3) Payments shall be made in advance for the respective accounting period. Payment shall be made exclusively via the payment service providers used by us. Payment is made via the in-app purchase option provided by the respective App Store of your mobile device operating system (Apple App Store). You expressly agree that S17 Software may accept payments through these service providers or that the respective service providers may debit the amounts due. For more information on external payment service providers and the data processing required, please refer to the Privacy Policy at https://billmore.co/legal/privacy.html .

§ 10 Liability for defects/liability

(1) We guarantee the functional and operational readiness of the services in accordance with the provisions of this contract.

(2) In the event that services are used by unauthorized third parties using the customer's access data, you shall be liable for any resulting fees within the scope of civil law liability until receipt of the customer order to change the access data or report the loss or theft, if you are at fault for the access of the unauthorized third party.

(3) We are entitled to block the storage space immediately if there is a justified suspicion that the stored data is illegal and/or violates the rights of third parties. A justified suspicion for an illegality and/or a violation of rights exists in particular if courts, authorities and/or other third parties inform S17 Software about it. We will immediately inform you of the blocking and the reason for it. The block is to be lifted as soon as the suspicion is invalidated.

(4) Claims for damages against us are excluded regardless of the legal basis, unless we, our legal representatives or vicarious agents have acted with intent or gross negligence. We shall only be liable for slight negligence if one of the obligations essential to the contract (cardinal obligations) has been violated by S17 Software, its legal representatives or executive employees or vicarious agents. S17 Software shall only be liable for foreseeable damages, the occurrence of which must typically be expected. Cardinal obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.

(5) We shall not be liable for the loss of data insofar as the damage is due to the fact that you have failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.

(6) S17 Software shall be liable without limitation for damages caused intentionally or negligently by S17 Software, its legal representatives or its vicarious agents arising from the injury of life, body or health. The liability under the Product Liability Act shall remain unaffected.

§ 11 Place of jurisdiction, choice of law

(1) As far as you had your domicile or habitual residence in Germany at the time of the conclusion of the contract and either moved out of Germany at the time of the institution of legal proceedings by us or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the domicile of S17 Software.

(2) If the customer is a merchant or a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of S17 Software. The same applies to the place of performance, unless the contractual partners have expressly agreed otherwise.

§ 12 Final provisions

(1) The terms and conditions written here are complete and conclusive. Amendments and supplements to these terms and conditions should be made in writing in order to avoid any ambiguity or dispute between the parties about the respective agreed content of the contract.

(2) General terms and conditions of the parties shall otherwise not apply to this contract. This shall also apply if such terms and conditions are not expressly contradicted.

(3) The assignment of claims shall only be permitted with the prior written consent of the other contracting party. Such consent may not be unreasonably withheld. The provision of § 354a HGB (German Commercial Code) shall remain unaffected.

(4) A right of retention can only be asserted due to counterclaims from the respective contractual relationship.

(5) The parties to the contract may only set off against claims which have been legally established or are undisputed. Offsets with other counterclaims that are linked to the main claim being offset are excluded from the prohibition of offsetting.

(6) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.

(7) Annexes referred to in these terms and conditions are an integral part of the contract.

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