Terms of Service

(1) These Terms of Service apply to all contracts concluded between Billance GbR represented by the partners Marc Biehle and Maximilian Lutz Stettiner Straße 41 35410 Hungen Germany Email: [email protected] Phone: +49 1579-2341672 (hereinafter "Provider") and the User regarding the use of the software "Billance" and the associated services. (2) These Terms of Service apply to entrepreneurs and consumers unless a provision explicitly states otherwise. Mandatory consumer protection law remains unaffected. (3) By registering, downloading, using the software or purchasing a subscription, you make the declarations required for contract conclusion in your own name and are responsible for the accuracy of your information. (4) Deviating, conflicting or supplementary terms of service of the User shall not become part of the contract unless the Provider expressly agrees to their validity in writing. (5) The version of these Terms of Service valid at the time of contract conclusion shall apply.

(1) The subject of the contract is the provision of the desktop software "Billance" as a downloadable application within a subscription model (subscription-based license model). The software is installed and executed locally on the User's device. (2) The software is designed for the creation, conversion and validation of e-invoices according to the standards XRechnung, ZUGFeRD and the European standard EN 16931. The range of functions includes in particular: • Creation of new e-invoices via a form with predefined mandatory fields • Conversion of existing invoices (PDF, Office files, images) using automatic text recognition (OCR) • Validation of e-invoices against EN 16931, XRechnung and ZUGFeRD • Management of invoice status, payments, attachments, folders, and exports (PDF, XML) • Invoice templates, OCR profiles, product data, and importable contacts for recurring workflows • Optional cloud synchronization and automatic backups • GoBD-compliant features to support proper bookkeeping (3) All invoice data is stored exclusively locally on the User's device in an encrypted file. The Provider has no access to this local data. (4) Certain functions require an internet connection, in particular license activation, license renewal, checking for software updates, optional AI detection and optional cloud synchronization. The Provider provides required updates (in particular security and bug-fix updates) to the extent required by applicable law. (5) The software is regularly developed further. The Provider reserves the right to expand, modify or discontinue individual functions as part of updates, provided this is reasonable for the User and the essential purpose of the contract is preserved. (6) The GoBD compliance of the software refers to the provision of supporting functions. No guarantee is given for the individual tax or accounting correctness of invoices created by the User.

(1) The presentation of the software and subscription models on the website does not constitute a legally binding offer, but a non-binding invitation to submit an offer. (2) By registering and completing a subscription, the User submits a binding offer to conclude a usage contract. The contract is concluded when the Provider accepts the offer by activating access or confirming by email. (3) A valid email address is required for registration. The User is obliged to provide truthful information and to keep their access credentials confidential. (4) The User is responsible for all activities carried out under their account, unless they are not attributable to the User.

(1) The software is offered in the following subscription models: • Free: Free of charge, with limited functionality. • Premium (Monthly): €2.99 per month, unlimited functionality. • Premium (Yearly): €29.99 per year, unlimited functionality. (2) All prices stated are final prices. Due to the application of the small business regulation pursuant to § 19 UStG, no VAT is charged. (3) The Provider reserves the right to change prices for future billing periods. Price changes will be communicated to the User at least 30 days before they take effect by email or through a notice in the software. In the event of a price increase, the User has the right to terminate the contract at the time the price increase takes effect. (4) The Provider may introduce new subscription models, features or additional services at any time.

(1) For purchases via billance.de, payment processing is handled by the payment service provider Stripe. The Provider does not store any credit card data. (2) The payment methods made available by Stripe are available. The availability of individual payment methods may vary depending on country, device and payment provider. (3) Where a 7-day free trial is available for the first Premium signup via billance.de, the User’s stored payment method is charged only after the trial ends unless the subscription is cancelled beforehand. After the trial ends, the selected paid subscription starts automatically. (4) For automatic renewals and for subscriptions without an available trial, the payment amount is charged automatically at the beginning of the relevant billing period where the selected payment method provides for this. (5) For purchases via external platforms or app stores, payment processing is governed exclusively by the terms of the respective platform operator. (6) If the User is in default of payment, the statutory default rules apply. After an unsuccessful reminder, the Provider is entitled to suspend access to premium functionality until outstanding amounts have been settled. The right to use the free plan remains unaffected.

(1) For the duration of the contractual relationship, the Provider grants the User a non-exclusive, non-transferable right to use the software limited to the contract term. (2) The Free plan allows simultaneous use of the software on one (1) device. The Premium plan allows simultaneous use on up to five (5) devices of the same User. (3) Multi-user licenses are currently not offered. Each user account is intended exclusively for personal use by the registered User; for entrepreneurs, this includes use in the course of their commercial or self-employed professional activity. (4) The cloud synchronization function enables encrypted synchronization via a cloud provider chosen by the User. The provider’s own terms of use and privacy policies remain unaffected. (5) In particular, the User is prohibited from: • reproducing, distributing or making the software publicly available in whole or in part • modifying, editing, decompiling, disassembling or otherwise reverse engineering the software unless this is mandatorily permitted under Section 69e German Copyright Act • passing on, renting, leasing or sublicensing the software or parts of it to third parties • using the software for unlawful purposes • circumventing technical protection measures of the software (6) If the User seriously violates these provisions, the Provider is entitled to block access and to withdraw usage rights for cause or terminate the contract extraordinarily.

(1) You are solely responsible for backing up your locally stored data. We strongly recommend creating regular backups (security copies) of your invoice data. The Provider assumes no liability for data losses resulting from failure to back up data. (2) You are responsible for ensuring that your device meets the technical requirements for operating the software (e.g. Windows 10/11, macOS 11+, Linux). We cannot warrant compatibility with all hardware and software configurations. (3) You are solely responsible for the content accuracy of your invoices. The software assists you in complying with formal e-invoice standards, but we do not warrant the tax correctness of your documents. (4) The User must ensure that their access credentials do not fall into the hands of third parties. In case of suspected misuse, the User must inform the Provider immediately. (5) The User is obliged to install provided software updates promptly after being notified to ensure the security and functionality of the software.

(1) The protection of personal data is important to the Provider. Details on data processing can be found in the separate Privacy Policy available at https://billance.de/en/datenschutz. (2) Invoice data is stored locally and securely encrypted on your device. We have no access to it and do not store this data on our servers. (3) On the server side, we process only the data necessary for your account (such as your email address, secure password hash, customer number, and subscription status) as well as support requests or voluntary feedback. (4) For the website and web account, we use technically required cookies. Contents of local invoice data are never used by us for advertising or tracking purposes. (5) Further details on service providers, third-country transfers and storage periods can be found in the Privacy Policy.

(1) For paid services, the statutory warranty rights apply unless these Terms of Service contain permissible deviations for entrepreneurs. Uninterrupted availability of all online features is not owed; maintenance windows, security-related restrictions and technically unavoidable outages remain reserved. (2) The Provider is liable without limitation for intent, gross negligence and injury to life, body or health. (3) In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. (4) Liability for slight negligence is otherwise excluded. (5) To the extent permitted by law, liability for indirect damages, consequential damages, loss of profit, loss of data and damages arising from third-party claims is excluded. This applies in particular to: • losses or damage to locally stored data • damage caused by the User’s failure to create backups • incompatibilities with the User’s hardware, operating system or other software • incorrect invoices resulting from inaccurate or incomplete input by the User (6) The above limitations of liability do not apply where the Provider has fraudulently concealed a defect, assumed a guarantee or is liable under the Product Liability Act. (7) Where the Provider’s liability is excluded or limited, this also applies in favor of its partners, employees, representatives and vicarious agents. (8) The Provider is liable for the availability and performance of external third-party providers, in particular Stripe, Cloudflare, Google, Apple, Microsoft and cloud providers chosen by the User, only within the scope of the rules above.

(1) The usage contract for the free version (Free) is concluded for an indefinite period and can be terminated by either party at any time without notice by deleting the user account. (2) Paid subscriptions (Monthly, Yearly) have the following terms: • Monthly subscription: minimum term of one (1) month, then automatic renewal by one (1) further month each time. • Yearly subscription: minimum term of one (1) year, then automatic renewal by one (1) further year each time. (3) Paid subscriptions may be cancelled at any time effective at the end of the current billing period. Cancellation is possible via account management in the software, via the website or, for externally managed subscriptions, via the respective platform provider. After effective cancellation, access to premium functionality remains available until the end of the paid period. (4) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if: • the User breaches material provisions of these Terms of Service • the User is in default of payment for more than 30 days despite a reminder • the User uses the software for unlawful purposes (5) If the contractual relationship ends, access to premium functionality is deactivated. The User’s locally stored data remains on their device and is not deleted or otherwise affected by the Provider. (6) When the user account is deleted, server-side account data is deleted in accordance with the Privacy Policy and any statutory retention obligations.

(1) Consumers generally have the statutory right of withdrawal under Sections 312g and 355 BGB for contracts concluded via billance.de as distance contracts. Details are set out in the separate withdrawal policy. (2) The withdrawal period is generally 14 days from the date of contract conclusion. To meet the deadline, it is sufficient to send the withdrawal notice in time. (3) The service is made available immediately upon conclusion of the contract. The statutory right of withdrawal remains unaffected. If the User withdraws from the contract within the withdrawal period, the Provider will refund all payments received in full; no compensation is claimed for services provided up to the time of withdrawal. (4) Where a 7-day free trial is available for the first Premium signup via billance.de, the stored payment method is charged only after the trial ends unless the subscription is cancelled beforehand. The free trial does not replace the statutory right of withdrawal. (5) For purchases via third parties or app stores, the terms of the respective platform operator apply in addition. Mandatory statutory rights remain unaffected.

(1) All rights to the software "Billance", including source code, user interface, documentation, trademarks, logos and other content, remain with the Provider or the respective rights holders. The User acquires only the usage rights described in § 6. (2) The software and its content are protected by German copyright law, international copyright treaties and other intellectual property laws. (3) Feedback, suggestions for improvement or ideas communicated by the User to the Provider may be used by the Provider free of charge and without restriction for the further development of the software.

(1) The Provider may amend these Terms of Service with effect for the future if there is an objective reason for doing so and the User is not thereby unreasonably disadvantaged. Objective reasons include in particular changes in the law, official or court requirements, security requirements, market conditions, technical developments or regulatory gaps. (2) Material changes affecting ongoing contractual relationships will be communicated to the User at least 30 days before the planned effective date in text form, by email or by a prominent notice in the software. (3) If the User objects to a material change before it takes effect, the previous terms continue to apply until the end of the current billing period. In this case, the Provider may terminate the contract ordinarily as of the planned change date or continue it under the previous terms. (4) Purely editorial changes as well as changes implementing mandatory law only or changes that do not materially disadvantage the User may be made without any separate approval effect.

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). (2) If the User is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of the Provider. (3) Should individual provisions of these Terms of Service be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby. The statutory provision shall apply in place of the invalid provision. The same applies to any gaps in regulation. (4) The contract language is German. In the event of discrepancies between different language versions, the German version shall prevail. (5) The Provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board. (6) There are no export restrictions for the software.

(1) Billance AI uses external AI services such as Microsoft Azure Document Intelligence for automated data collection from documents. (2) The User is responsible for ensuring that the uploaded documents do not contain any content whose processing violates applicable law. (3) Billance does not guarantee the 100% correctness of the AI-based extraction. The User is obliged to check the extracted data for correctness and completeness before further processing (e.g. sending invoices or booking). (4) The use of AI features may be subject to volume restrictions (quotas) resulting from the selected subscription. Unused volume expires at the end of the billing period.