General Terms and Conditions

for the provision of services by BubbleTax GmbH, An den Klostergründen 15, 93073 Neutraubling, E-Mail: info@bubbletax.de (hereinafter "Contractor") to its customers (hereinafter "Client")

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.

1.2 The Contractor is entitled to assign the necessary services to subcontractors in its own name and at its own expense, who may also employ subcontractors themselves. The Contractor remains the sole contractual partner of the Client. Subcontractors are not used if it is apparent to the Contractor that their use would conflict with the legitimate interests of the Client.

1.3 Insofar as additional contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these additional contractual documents take precedence over these GTC in case of conflict.

1.4 GTC deviating from these terms and conditions that are used by the Client are not recognized by the Contractor - subject to express consent.

2. Subject Matter and Scope of Services

2.1 The Contractor provides the following services to the Client as an independent entrepreneur:

BubbleTax GmbH provides a web-based Software-as-a-Service platform that enables users to automatically process, prepare and display transaction and financial data. The use of the software does not replace tax advice and does not constitute assistance in tax matters within the meaning of the Tax Consulting Act.

2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.

2.3 The Contractor provides the contractual services with the greatest possible care and conscientiousness according to the latest state, rules and findings.

2.4 The Contractor is obliged to provide the services owed under the contract. However, in performing its activities, it is not subject to any instructions regarding the manner of providing its services, the place of service provision, or the time of service provision. However, when scheduling activity days and time scheduling on these days, it will determine these itself in such a way that optimal efficiency is achieved in its activities and in the realization of the subject matter of the contract. The provision of services by the Contractor takes place only in consultation and coordination with the Client.

3. Cooperation Obligations of the Client

It is the Client's responsibility to provide complete and correct information, data and other content to be made available by them for the purpose of service provision. The Contractor is in no way responsible to the Client for delays and delays in the provision of services arising from late and necessary cooperation or work by the customer; the provisions under the heading "Liability/Indemnification" remain unaffected.

4. Remuneration

4.1 The remuneration is agreed individually by contract.

4.2 The remuneration is to be paid after the provision of services. If the remuneration is measured by time periods, it is to be paid after the expiration of the individual time periods (§ 614 BGB). In the case of expense-based billing, the Contractor is entitled, subject to deviating agreements, to bill the services provided monthly.

4.3 The Contractor will send the Client an invoice by post or email (e.g., as PDF) after providing the services. The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor is unlimitedly liable for any legal reason in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies according to the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content to achieve the contractual purpose, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, liability of the Contractor is excluded. The above liability provisions also apply with regard to the liability of the Contractor for its vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor from any claims by third parties that are asserted against the Contractor due to violations by the customer of these contractual conditions or against applicable law.

6. Contract Duration and Termination

6.1 The contract duration and the periods for ordinary termination are agreed individually by the parties.

6.2 The right of both parties to terminate without notice for good cause remains unaffected.

6.3 The Contractor must immediately return or destroy all documents and other content handed over to it after termination of the contract, at the customer's choice. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Excepted are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing to the company upon request.

7. Confidentiality and Data Protection

7.1 The Contractor will treat all matters that come to its knowledge in connection with the order in strict confidence. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contractual information. The confidentiality obligation applies without time limit beyond the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection provisions - in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act - when carrying out the order.

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 Should a provision of these GTC be or become invalid, the validity of the GTC in other respects shall not be affected.

8.3 The Client will promote the Contractor in the provision of its contractual services through appropriate cooperation acts, as far as necessary. In particular, the Client will provide the Contractor with the information and data necessary to fulfill the order.

8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany, the parties agree on the registered office of the Contractor as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to change these GTC for objectively justified reasons (e.g., changes in case law, legal situation, market conditions or business or corporate strategy) and in compliance with a reasonable period. Existing customers will be notified of this by email at least two weeks before the change takes effect. If the existing customer does not object within the period set in the change notification, their consent to the change is deemed to have been granted. If they object, the changes do not take effect; the Contractor is in this case entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended change to these GTC will point out the period and the consequences of objection or its absence.

9. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer arbitration procedure according to the VSBG.

You can find our email address in the heading of these GTC.

Note: In case of discrepancies between the German and English versions, the German version shall prevail.