General Terms and Conditions for the utilization of Yomabo.de
T&Cs Software-as-a-Service (SaaS)
By registering (setting up an account), you accept the following terms and conditions.
1.1 Business Partners
These terms and conditions regulate the relationships between the company fino data services GmbH (hereinafter called “operator”) and the creator of the account (hereinafter called “customer”) with the online- and mobile services provider Yomabo.de (hereinafter alternatively called “Yomabo”). A customer is defined as any natural or legal person who legally registered for the service mentioned above and whose order has been accepted by the operator.
1.2 Recognition of the T&Cs
By registering for Yomabo.de and the related services, the customer and users agree to the validity of the terms and conditions. Insofar the customer uses Yomabo.de through one of the operator’s sales partners, deviations may occur due to the sales partner’s terms and conditions.
The operator is entitled to make alterations to the performance specifications or to the terms and conditions and other conditions. The operator shall only implement those alterations for valid reasons, particularly because of new technological developments, adjustments in jurisdiction, or other equivalent reasons. Insofar individual conditions in such a case leave the customer in a less favourable position, the operator grants the customer an exceptional right to terminate the contract unbound by a period of notice. Should the alteration significantly disrupt the contractual balance between the parties, the alteration will stay undone. Any alterations to the terms and conditions will be displayed to the customer when logging in to Yomabo.de, and the customer will at that stage confirm his agreement with the validity of the altered terms and conditions.
§2 Contract Conclusion
2.1 Subject matter of the contract
The operator provides SaaS services to his customers, using the medium internet. Subject matter of the contract is the deployment of software by the operator for use via the internet, and the storage of the customer’s data (data hosting), a service supporting entrepreneurs regarding management and download of documents, for example invoices and contracts. Customers can download, manage, forward and capture these documents from online portals. The utilization of the service requires internet access as well as an up-to-date browser software.
The customer can search and manage downloaded documents. Additionally, the operator enables the customer to submit and process documents from external devices.
2.2 Registration and contract conclusion
Following the registration with Yomabo.de, the customer receives a personal account comprising an email address and a password, which the customer creates during the registration. This access data must not be imparted. The customer is solely responsible for its secure storage.
In the course of the registration for the service, the customer is obliged to exclusively make truthful statements regarding his own person and, where applicable, his company, and to keep his data up-to-date at all times. Registration using a false family or first name, false address or fictional email account is not permitted. In the case of obviously fictional details, the operator reserves his right to delete the account.
The contract regarding the utilization of the services offered by Yomabo.de shall be concluded when an authorized representative of Yomabo.de accepts the order placed by the customer. The acceptance will be confirmed in writing or implied through the first fulfilment action. Yomabo.de is entitled to refuse the contract conclusion without giving reasons. Insofar Yomabo.de uses third parties to fulfil the agreed-upon services, those will not be considered contract partners to the customer.
2.3 Obligations of the contracting parties
The customer commits himself to not inappropriately use the platform Yomabo.de, in particular to not introduce any data containing a computer virus (infected software) into the system, and to not use it in a manner that would negatively impact on the availability of the platform for other customers. The customer is responsible for the contents of documents.
The customer undertakes to prevent unauthorized access to the software by third parties, using suitable precautions. This decisively includes keeping the “User ID” (email address) and password secret, and not making those accessible to third parties. The customer must also inform his users about this matter. The customer is responsible for entering and maintaining the data and information required for the utilization of the SaaS service himself. This particularly includes the creation and maintenance of fee-based user accounts.
2.4 Software Deployment
2.4.1 The operator makes the software solution Yomabo.de available through the internet to the customer for utilization, in its respective current version, for the duration of the subscription, against payment. For this purpose, the operator stores the software on a server accessible to the customer through the internet. Updates or upgrades are included in the subscription.
2.4.2 Following any advancement, the software’s respective up-to-date scope of services will be indicated in the service description on the operator’s website www.yomabo.de.
2.4.3 The operator continuously monitors the software’s functioning and will remove any software errors, which may limit or prevent the utilization of the software, according to the technological possibilities
2.5.1 The customer is under obligation to pay the agreed fee plus value-added tax to the operator in return for the software deployment and data hosting. Payment takes place via one of the offered payment methods.
2.5.2 Payments can be made via direct debit, credit card, or PayPal. In case of payment through direct debit, the customer authorizes the operator to collect the due payment from an account specified by the customer. The customer is obliged to notify his bank of the authorization of the direct debit and to ensure a sufficient account balance. The cost of a reverse booking as well as the additional processing fee of EUR 10.00 is to be paid by the customer.
In case the customer became a Yomabo.de customer through one of the sales partners, payment takes place through the sales partner rather than between the customer and the operator. Here, the conditions according to the sales partner’s contract apply.
The fee for the utilization of Yomabo.de depends on the performance package booked by the customer. The current subscriptions, including their scope of service and prices, can be viewed at any time on www.yomabo.de. The prices quoted there are understood to be exclusive of the relevant statutory value-added tax.
2.7 Subscription changes
It is possible to subscribe to a higher-performance package and more user access, which can be booked in the form of upgrades, at any time – these will be available to the customer immediately after activation of the new package. The price difference will be proportionally recalculated and collected separately.
Changing to a smaller package is possible at any time. Credit for the remaining term will not be given. The fee for the newly selected package will apply for the following invoicing period.
2.8.1 The SaaS contract is signed for an indefinite period. Termination of the utilization of Yomabo.de without adherence to a notice period is possible at any time in the respective account (Menu Item/Invoicing). Deletion of an account, including all data, takes place 30 days after contract termination at the latest. Termination may take place through the customer or the user by cancelling the subscription in the customer section.
2.8.2 Both parties reserve the right to termination without notice for important reasons. An important reason on side of the operator exists in particular if:
2.9 Conditions for Participation
Utilization of the service is only permitted to legal persons or natural persons of age. The service is directed at entrepreneurs and private persons.
§3 Data Protection and Data Security
3.1 Data protection
The operator complies with the EU Data Protection Regulations. To be able to fulfil the requirements, the following agreements concerning the utilization of the service Yomabo.de apply additionally:
A valid Data Protection Statement, including appendixes, can be viewed on www.yomabo.de and is available for download.
For companies subject to the EU GDPR: An Order Processing Contract between fino data services GmbH and the customer can be concluded online via the link provided in the FAQs.
The operator is obligated to maintain strict secrecy regarding all confidential proceedings, especially the customer’s business or corporate secrets, gained during the preparation, implementation and fulfilment of the contract, and to not pass on or otherwise exploit any of the above.
3.3 Data encryption
To ensure the customer’s protection, all communications with Yomabo are HTTPS protocol-encrypted.
3.4 Data security and data deployment
The operator is obligated to take appropriate precautions against loss of data and to prevent unauthorized access of third parties to any customer data.
To secure all customer data accruing during the utilization, the operator creates a back-up twice daily. This back-up is stored on different servers, which are redundantly secured multiple times. This back-up acts as security against system failure. The customer is not entitled to recovery of data he deleted himself. When and if the operator recovers any data, remains at the operator’s discretion. The customer is obligated to store his data himself – for instance, by way of regular exports.
In any case, the customer remains the sole owner of his data and is thus entitled to demand the issuance of all data at any time, in particular after contract termination, with no right to retention existing on side of the operator. The data issuance takes place via transmission over the data network. This data deployment and issuance and its invoicing takes place in accordance with arrangements made and actual expense. The customer is not entitled to receive the software suited to the utilization of the data.
Special conditions apply to the issuing of personal data. These are contained in the Data Protection Regulations and described in the Order Processing Contract.
The operator guarantees the functional and operational capability of the SaaS service, as well as the customer’s ability to use the contract software without breach of third-party rights. The warranty against material deficiencies does not apply to faults caused by the contract software being employed in a hardware- and software environment that does not fulfil the requirements, or to alterations and modifications the customer made to the software without being authorized to do so either by legal regulations, by contract or by the operator’s previous written consent.
Platform failure can occur due to technical reasons outside the operator’s scope of influence. In such a case, the operator guarantees to do everything in his power to re-establish availability as soon as possible. The operator takes appropriate precautions as outlined under 3.4.
The operator is not liable for any damages, in particular data loss, damages to soft- or hardware, or financial losses arising from his services, unless those are caused by grossly negligent or intentional behaviour on side of the operator, his vicarious agent or his legal representative. For damages to health, body or life, as well as damages in accordance with the Product Liability Law, the operator carries unreserved liability. The operator is also liable for the breach of duties of particular importance to the fulfilment of the contract purpose (cardinal obligations); here, the liability is limited to the amount of the typically foreseeable damage.
5.2 Unauthorized acquisition of knowledge
The operator is not liable for the unauthorized acquisition of personal customer data by third parties (e.g., through unauthorized access to the data bank by hackers). Equally, the operator cannot accept liability in case that information, which has been made accessible to third parties by the customer himself, is exploited or misused
5.3. Stored content
The customer is solely responsible for the content of his stored data. It falls to him to ensure that no data breaching a valid legislation is stored. The operator refuses any responsibility for stored customer data.
5.4 Third-party claims
In case of an infringement of the rights of third parties by one of the contract parties, said party will, against appropriate evidence, exempt the respective other party from any resulting claims for compensation as well as from the costs of legal defence at adequate amount. The exemption exists under the condition that the according contract party will only agree to or recognize the settlement of third-party claims following the previous written consent of the respective other contract party.
5.5 Suspicion of unlawfulness
The operator is entitled to immediately close the account, if reasonable suspicion exists that the stored data is unlawful and/or the rights of third parties are being infringed. A reasonable suspicion of unlawfulness and/or a breach of legislation exists in particular, if the operator is informed of such by courts, authorities and/or other third parties. The operator must notify the customer of the closure and its reason immediately. The closure is to be lifted once the suspicion has been calmed.
5.6 Exclusion of fiscal responsibility
The operator is not liable for the fiscal or legal correctness of any documents created or downloaded by the customer. Furthermore, the operator does not perform tax consultancy according to the Tax Consulting Law.
5.7 Data processing
The operator stores the created documents and regularly creates data back-ups. The operator takes all appropriate and commercially justifiable measures to ensure the data protection of all stored documents and address data. However, the operator is not liable for the storage of the documents. If required, the customer may download any previously created/downloaded documents for his own data back-up in the customer section. In particular, the operator is not liable for compliance with fiscal and commercial legislation regarding retention (§§ 238, 257 Commercial Code; § 147 General Fiscal Law) during a running subscription.
§6 Special Conditions for Document Retrieval from External Sources
6.1 Account access
Insofar Yomabo.de contains functions enabling the customer to automatically retrieve documents from external sources (e.g., web portals of other operators and email accounts) and deposit those in his account, the following applies: If any access data (e.g., user name, password) is required to retrieve the requested information, this access data has to be made available to the operator by the customer, and will be saved by the operator for future retrievals. NB: The operator explicitly states that the automatically retrieved documents, and/or documents directly deposited by partner companies, may contain sensitive and/or confidential information.
By using the automated document retrieval, the customer commissions the operator as his authorized representative and confers to the operator the power to automatically retrieve information from the specified external sources using the communicated access data in his name.
Utilization of the automated document retrieval through Yomabo.de is solely the responsibility of the customer. In particular, the operator does not accept responsibility for any breaches of agreements between the customer and third parties prohibiting the utilization of the automated document retrieval.
§7 Support and Customer Service
The operator strives to respond to customer queries (via ticket system or email) regarding the application of the contractual software as promptly as possible following receipt.
The contract partners are obligated to notify the respective other partner of any address changes without delay by email or using the contact form on www.yomabo.de; otherwise, notifications addressed to the last known address will be considered received with legal validity.
§9 Final Provisions
9.1 Applicable law/place of performance/place of jurisdiction
The contract existing between the contract parties is subject – conditional to mandatory international private-law legislation – to the laws and legislations of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Kassel. Sole place of jurisdiction is Kassel, provided that each party is a trader or a legal entity under public law.
9.2 Offsetting ban
Operator’s claims may only be offset against indisputable or legally determined claims.
9.3 Contradictory T&Cs
Unless individually agreed otherwise in written form, the operator’s Terms and Conditions apply exclusively. Any deviating customer’s Terms and Conditions shall be regarded as refused and excluded.
These T&Cs are valid from 13th March 2020.