These General Terms and Conditions ("GTC") apply to all contracts between Finui GmbH, Blumenstraße 47, 10243 Berlin , Germany ("Finui") and customers of Finui who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) ("Customers") and to whom Finui grants access to its Finui Services (as defined below).
These GTC apply to all contracts concluded between Finui and the customer upon registration on the Finui website or by e-mail (each an "Assignment"). These GTC shall become part of each Assignment.
These GTC shall also apply to future contracts between Finui and the customer without the need for a corresponding reference by Finui in individual cases. These GTC are deemed to be confirmed by the customer at the latest when the customer uses the Finui services.
These GTC apply to the exclusion of all other GTC of the customer or third parties. Deviating, contradictory or supplementary general terms and conditions of the customer or third parties shall only become part of an order if Finui has agreed to them in writing.
Insofar as the terms 'in writing', 'in written form' or similar are used in these GTC, these refer to the written form within the meaning of § 126 BGB. The electronic exchange of copies of handwritten signed documents as well as documents with a simple electronic signature (such as by means of DocuSign or Adobe Sign) shall be sufficient in this respect. Unless otherwise expressly stipulated in these GTC, the exchange of simple e-mails shall be sufficient.
All notices and declarations given by the customer to Finui, in particular notices of termination and setting of deadlines, must be given at least in text form within the meaning of § 126b BGB (for clarification: a simple e-mail is sufficient), unless otherwise stipulated in these GTC.
References in these GTC to the applicability of statutory provisions are for clarification purposes only. Consequently, the statutory provisions shall apply even if such clarification is not made, unless the statutory provisions are supplemented or expressly excluded in these GTC.
For reasons of practicability, these GTCs do not use the feminine, masculine and diverse forms of language simultaneously and use the generic masculine. All personal terms apply equally to all genders.
The provisions of these GTC in the German language shall apply exclusively. Insofar as Finui provides versions of these GTC in other languages, these are merely non-binding translations.
To the extent agreed in an Order, Finui grants the Customer access to Finui's software platform offered as Software as a Service, including all related websites, services, applications and the respective content and functions to the extent designated on the website ("Finui Services"), in accordance with the Order. The Finui Services may include one or more Finui Products, each of which is currently described on Finui's website. As commissioned, the Finui Services are provided against payment of a fee (as defined on the Website or via email) with certain agreed features. Despite the use of state-of-the-art technologies, transmission errors cannot be excluded during digitization. Any error leading to unauthorized access to data will be corrected by Finui immediately after detection. Furthermore, Finui will inform the customer about the error so that the customer can initiate any further measures.