February 6, 2024
1. Scope of application
1.1 These general terms and conditions apply to all contracts formed between Tecconta UG (haftungsbeschränkt), Abbachstraße 19, 80992 München about the use of the Tecconta app.
1.2 Contradicting, deviating or supplementary general terms and conditions of the user are not part of the contract, even if Tecconta does not explicitly contradict them.
1.3 In special cases, individual written agreements with the user take precedence over these general terms and conditions.
1.4 Declarations and other notifications by the user to Tecconta must be carried out in accordance with Section 126b of the German Civil Code (BGB).
1.5 References to laws in the terms of use are for clarification only. All laws therefore apply even without direct reference, with the exception of express exclusion or addition.
2. Subject matter and content of the contract | Usage rights
2.1 The Tecconta app provides the user with functions for cost and performance accounting, the creation of customers as well as the creation of invoices, cost estimates and receipts.
2.2 Tecconta is the sole owner of all property rights to the services provided, including copyrights, trademarks and other intellectual property rights. The rights granted to the user for use do not grant the user any ownership rights to the services.
2.3 Tecconta grants the user non-transferable, non-sublicensable simple and worldwide usage rights to use the services of the Tecconta app exclusively for private or business purposes.
2.4 The user grants Tecconta non-transferable, non-sublicensable, simple and worldwide rights of use, exclusively for the provision of the services. All rights to the data and content of the user as well as to other data originating from the user data and content remain with the user.
2.5 Tecconta reserves the right to appropriately limit the number of entered income and expenditure notes, created customers and sent invoices, cost estimates and receipts.
2.6 Tecconta reserves the right to check the use of the services by the user and to block the user in the event of improper, illegal or contractual use.
3. User account
A user account is required to use the services. This requires the acceptance of these terms of use, the definition of a password and the input of company data or personal data. After successfully sending the completed registration form, the user will receive a verification code from Tecconta via SMS, with which the user account can be activated. The successful creation of the user account results in a binding contract between Tecconta and the user. This allows the user to use the services.
4. User obligations
4.1 The user insures and guarantees the exclusive use in accordance with the applicable laws and regulations.
4.2 The user is responsible for the procurement and maintenance of all technical devices and associated additional services that are required for using the Tecconta application at their own expense.
4.3 The user is responsible for the security and use of his technical devices and services from 4.2 as well as his user account, his files and his passwords. Passing on passwords to unauthorized third parties is prohibited.
4.4 The user is responsible for all information and data that he uploads, stores, transmits, publishes or exchanges using the services. Tecconta is not able to continuously control the information and data transmitted by the user. Tecconta reserves the right to investigate possible breaches of contract or notices and, if necessary, to delete information and data or to block the user.
4.5 The user guarantees that the information on his user account is up-to-date and correct.
4.6 The user undertakes to notify Tecconta immediately in the event of improper use of the services, unauthorized use of a password or user account or any other security breach.
4.7 The user undertakes to back up his data regularly and properly.
5. Liability
5.1 Tecconta's services have been developed to the best of our knowledge using the current state of the art. Tecconta does not guarantee that the services will function properly.
5.2 Tecconta is not liable for a temporarily restricted or non-existent availability of the services due to maintenance work on the system. Tecconta is entitled to carry out maintenance work on a regular basis that may impair the availability of the services.
5.3 Tecconta is not liable for losses, damage or other disadvantages that the user has suffered as a result of unauthorized use or technical malfunctions. Excluded from this exclusion of liability are mandatory reasons for liability under the Product Liability Act, due to physical damage, intent, gross negligence, the violation of fundamental contractual obligations or the lack of a guaranteed quality.
5.4 Any liability on the part of Tecconta that goes beyond the cases listed in point 5 is excluded.
6. Cancellation
6.1 The term of a contract begins with the creation of a user account.
6.2 This contract for the use of free services remains in force until it is terminated as part of an order or by the user or Tecconta. The user or Tecconta can terminate the contract for the use of free services at any time and with immediate effect.
7. Additional Terms and Conditions for Subscriptions
7.1 Subscription Service Overview
By subscribing to our mobile application, you agree to abide by these additional terms and conditions specifically related to subscriptions.
7.2 Subscription Process
Subscriptions to our services are exclusively handled through the Google Play Store. By initiating a subscription, you acknowledge and agree to the terms set forth by Google Play Store's policies and procedures.
7.3 Free Trial
We offer a 7-day free trial period for new subscribers. During this time, you can explore and evaluate the features of our subscription service at no cost.
7.3 Subscription Renewal
Unless cancelled at least 24 hours before the expiration date, subscriptions will automatically renew.
7.4 Subscription Pricing
You have the option to choose between a monthly or yearly subscription plan. The monthly subscription plan costs 39 Mexican pesos per month, while the yearly subscription plan costs 390 Mexican pesos per year.
7.5 Additional Features
Subscribing to our service grants you access to exclusive features including:
7.6 Cancellation and Refunds
All subscription-related processes, including cancellations and refunds, are managed solely through the Google Play Store. Please refer to Google Play Store's policies and procedures for information regarding refunds and cancellations.
7.7 Unpaid Charges
Failure to pay subscription fees may result in the cancellation or suspension of your account or subscription. We reserve the right to take appropriate action to address unpaid charges in accordance with applicable laws and regulations.
7.8 Right of Withdrawal
As per German law, you have a 14-day right of withdrawal from the date of subscription initiation. Please note that this right of withdrawal may not apply in certain circumstances, such as if you have started using our services during the withdrawal period.
By subscribing to our service, you acknowledge that you have read, understood, and agreed to these additional terms and conditions. If you do not agree with any part of these terms, please refrain from subscribing to our service.
8. Data protection
8.1 All applicable data protection rights, in particular the GDPR, are observed by the user and Tecconta.
8.2 The use of the services requires the storage and processing of personal data by Tecconta. The type, scope and purpose of the processing are explained in the Tecconta data protection declaration. The Tecconta data protection declaration can be called up under this link.
9. Governing Law | Place of jurisdiction
All laws of the country in which the user has his normal place of residence and from which it is not possible to contractually deviate from apply. In addition, German law applies exclusively. The application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.
10. Changes to these Terms of Use | Severability clause
10.1 Tecconta will update these terms of use if this is necessary for legal, technical or economic reasons. The user will be notified of any change in writing, e.g. by email. If the user has not objected to the updated terms of use by the date they come into force, they are deemed to have been accepted. This is clearly indicated in the communication.
10.2 Should a provision or some provisions of a contract concluded with the user, including these terms of use, be partially or completely ineffective or unenforceable, this shall not affect the validity of the remaining provisions and the rest of the contract.