Terms of Service
1. Scope, businesses only (B2B)
These terms govern the use of the software and services provided by Tat Welle Tech GbR, Plauener Straße 22, 38444 Wolfsburg, Germany. The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are excluded. During registration the customer confirms that the contract is concluded in the exercise of their commercial or independent professional activity. Deviating terms of the customer do not apply unless we expressly agree to them in text form.
2. Conclusion of contract and trial period
The presentation of plans on our pages is not a binding offer. The contract is formed when the customer completes registration, selects a plan and confirms the order, and we provide access. Where a free trial is offered, the paid subscription starts only after the trial ends; the customer can cancel at any time before the trial ends at no cost. The contract language is German; the contract text is stored and made available to the customer with the confirmation.
3. Services and availability
We provide web-based business software as Software-as-a-Service. The scope of functions follows from the booked package and the service description at the time of ordering. We aim for high availability but do not owe uninterrupted accessibility; announced maintenance windows and circumstances beyond our control remain reserved. We may develop the software further as long as its contractual use is not materially impaired; we give timely notice of material changes.
4. Account and access
Access credentials must be kept confidential and must not be passed on to third parties. The customer is responsible for all actions taken through their account insofar as they are attributable to the customer. The customer names the persons acting on their behalf and keeps this up to date in the account. Suspected misuse must be reported to us; we may temporarily block access on justified suspicion.
5. Prices and payment
The fee of the booked plan is due in advance, monthly or yearly depending on the selected billing period. All prices are net plus statutory VAT. Payment is made through the payment methods offered in the order process (currently credit card and SEPA direct debit through our payment provider Stripe). Set-off is permitted only with undisputed or legally established claims; a right of retention exists only insofar as it is based on the same contractual relationship.
6. Default of payment and suspension
If the customer defaults on payment, we may, after an unsuccessful payment request with a reasonable deadline, suspend access to the software until the outstanding amount is settled. The customer’s data is preserved during the suspension. The obligation to pay the agreed fee remains unaffected by the suspension. The right of extraordinary termination under section 8 remains reserved.
7. Term, renewal and ordinary cancellation
The contract runs for the booked billing period (monthly or yearly) and renews for the same period unless cancelled in time. Monthly subscriptions can be cancelled with two weeks’ notice to the end of the billing month, yearly subscriptions with three months’ notice to the end of the contract year. If notice is received later, it takes effect at the end of the following period; the confirmation states the actual termination date. If the customer requests a date earlier than the earliest possible date, the earliest possible date applies; the confirmation says so explicitly. Access remains until the end of the contract. Cancellation is possible in text form, in the customer account and through the public button "Verträge hier kündigen".
8. Extraordinary termination
The statutory right of both parties to terminate for an important reason (§ 314 BGB) remains unaffected. If the important reason consists of a breach of contract, termination is generally permitted only after a remedy period or a warning has passed without success, unless dispensable under statutory law. The customer states the reason with the declaration; validity and the effective date are reviewed and communicated to the customer. An extraordinary termination is not deemed valid merely because this form was chosen.
9. Refunds
In the case of ordinary cancellation there is no claim to a pro-rata refund of fees already paid for the current billing period; the customer can continue to use the software until the end of the contract. In the case of a valid extraordinary termination, any refund depends on the reason for termination, the services already provided and statutory law; it is determined and recorded case by case. A blanket full refund is not promised. Mandatory statutory claims remain unaffected.
10. Customer data and cooperation
Data entered by the customer remains the customer’s property. The customer is responsible for the accuracy and lawfulness of their content and for compliance with the retention obligations applicable to them under commercial and tax law (§§ 146, 147 AO, § 257 HGB). Export functions are available during the contract term, including an export of the bookkeeping data in machine-readable form (GoBD/GDPdU). The customer regularly backs up their data by export on their own responsibility.
11. End of contract: data export and deletion
The customer can export their data until the end of the contract. On request we enable the export for up to 30 days after the end of the contract. After that we delete the customer’s personal data and content within 30 days, unless statutory retention duties or legitimate interests require otherwise. The customer’s own statutory retention duties remain their responsibility; exporting in time is the customer’s obligation.
12. Confidentiality
Both parties treat confidential information of the other party as confidential and use it only to perform the contract. The duty does not apply to information that is publicly known, lawfully obtained from third parties or independently developed, and it continues for two years after the end of the contract. Statutory secrecy obligations remain unaffected.
13. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. In cases of slight negligence we are liable only for the breach of an essential contractual obligation, limited to the damage typically foreseeable for this type of contract. For loss of data in cases of slight negligence we are liable only up to the effort that would have been required for recovery with proper and regular data backups by the customer. Any further liability is excluded.
14. Data protection and processing
Where we process personal data on behalf of the customer, this is done under a data processing agreement pursuant to Art. 28 GDPR and only on the customer’s documented instructions. We take appropriate technical and organisational measures to protect the data; processing takes place in data centres in Germany. Transmissions to the tax administration (such as VAT advance returns via ELSTER) are made exclusively at the customer’s instigation; in doing so we act as data transmitter within the meaning of § 87d AO. Details are set out in the privacy policy.
15. No tax or legal advice
The portal supports compliance with invoicing and bookkeeping requirements but does not constitute tax or legal advice. The customer and their tax adviser remain responsible for the legal and tax assessment of the individual case.
16. Changes to these terms
We may change these terms with effect for the future where this is necessary for valid reasons and does not unreasonably disadvantage the customer. We announce changes in text form at least six weeks before they take effect. If the customer does not object within one month of receiving the announcement, the changed terms are deemed accepted; the announcement points this out. In the event of an objection, either party may terminate the contract as of the date the change takes effect.
17. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Wolfsburg, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. Should individual provisions be or become invalid, the remainder of the contract remains effective; the statutory provision takes the place of the invalid one.
This text is provided for information. Please have it reviewed by your legal adviser before relying on it.