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) 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.
(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:
(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.
(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
(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.
(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.
(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.
(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.
(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.
(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
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.
(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.
(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.
(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.
(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.