1 Application, Subject Matter of the Contract, Conclusion of the Contract
1.1 These General Terms and Conditions govern the relationship between the company techreach GmbH, Franz-Mayer-Straße 1, 93053 Regensburg (hereinafter referred to as "Operator") and the user of the App anybill (hereinafter referred to as "User") of the online and mobile service offer anybill.de . The General Terms and Conditions apply to consumers within the meaning of § 13 BGB. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.2 With the anybill app, the user has the option of receiving his sales slips digitally in the anybill app directly at the point of sale at participating anybill partners and adding further receipts manually via the camera function. The added receipts are automatically assigned to the corresponding category in which the purchase was made and can be retrieved at any time. Thus, with anybill, the user always has his personal shopping assistant with him. The app learns from the user's behaviour, usage and interests (for example, which products they are interested in, etc.) and ensures that suitable offers and relevant information from anybill and the partner companies of techreach GmbH are displayed directly on the user's smartphone. The basis for the selection of the information and offers displayed in the app is the data that has been generated by the anybill app and otherwise in connection with anybill and stored by the operator. Furthermore, the user always has an overview of his expenditure via the integrated, intelligent expenditure manager. This expenditure data per category only serves as a personal overview and is not stored in this form with the operator. Further information on the processing and storage of data can be found in the information on data protection at https://www.anybill.de.
1.3 The use of the app is only permitted to natural persons who have reached the age of at least sixteen. The anybill app may only be used by the user as intended for personal and private purposes.
1.4 By the user's consent to the validity of these GTC within the scope of registration and registration in the anybill app, a contract on the use of the anybill app is concluded between the user and the operator.
1.5 The operator is entitled to make changes to the service description or the general terms and conditions and other conditions. The operator will only make these changes for valid reasons, in particular due to new technical developments, changes in jurisdiction or other equivalent reasons. If individual provisions place the user in a worse position in such a case, the operator grants the user an extraordinary special right of termination of the contract, which is not bound to any deadline. If the contractual balance between the parties is considerably disturbed by the amendment, the amendment shall not be made. Changes to the General Terms and Conditions will be displayed to the user when the app is called up and the user confirms at this point that he/she agrees to the validity of the changed General Terms and Conditions.
§ 2 Registration and use of the app
2.1 The use of the app requires registration. There is no entitlement to registration. Various functions of the anybill app can only be used if the user has agreed in the declaration of consent that the data collected may be used for advertising and market research purposes. This consent is given in the app and can be revoked at any time.
2.2 The contact details and other information requested during the registration process must be provided completely and correctly. After all requested data has been provided, it will be checked by the operator for completeness and plausibility.
2.3 The user undertakes to prevent unauthorised access by third parties by taking suitable precautions. This includes keeping the "User ID" (e-mail address) and password secret and not making them accessible to third parties. It is also the user's responsibility to ensure that access to and use of the services available is exclusively by the user or by authorised persons. If it is feared that unauthorised third parties have gained or will gain knowledge of the access data, the user is obliged to report this to the operator immediately.
2.4 The user is obliged to keep his registration data, including contact data, up to date. Changes can be made in the menu area via the personal settings. Should this not succeed, the user is obliged to inform the operator immediately by e-mail or fax.
§ 3 Terms of payment and additional offers within the app
Payment for the additional functions is made via the in-app payment functions of google.com and apple.com.
§ 4 Changes to the app
The operator is entitled to supplement, change or discontinue the anybill app at any time, with due regard to the interests of the users.
The user will be informed about such changes to the app in the product description in the App Store and Google Play Store. In the event of a change, the user can decide whether the new versions of the app should be installed on the smartphone. With the smartphone setting of automatic installation of new app versions, it is necessary for the user to regularly check whether there is agreement with the changes. This applies in particular to a notification of an update of the app by the smartphone. In addition, when a new app version is started for the first time, the user receives information about any changes that have been made and thus has the opportunity to decide whether he or she wants to use the new version of the app.
If the user does not agree with changes to the anybill app, the use of the app can be terminated at any time by deleting the anybill account in the app.
In the event that the operator no longer supports an older version of the app, the change with regard to this older app version shall be deemed termination of the usage contract by the operator. In order to enable further use, the operator recommends an update to the current app version in this case.
§ 5 Termination
5.1 The user may terminate the contract for the use of the anybill app at any time and without notice. To do so, the anybill account in the app must be deleted.
5.2 The operator may terminate the usage contract with one month's notice to the end of the month.
5.3 The right to terminate for good cause remains unaffected. An important reason for termination without notice is in particular, but not exclusively, a serious or repeated violation of these General Terms and Conditions.
§ 6 Right of withdrawal
Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons by means of a clear declaration. The period begins after receipt of these instructions on a durable data medium. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a durable data medium (e.g. letter, fax, e-mail). The revocation is to be sent to: techreach GmbH, Franz-Mayer-Strasse 1, 93053 Regensburg, Germany e-mail: email@example.com)
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. You are obliged to pay compensation for the value of the service provided up to the time of revocation if you were made aware of this legal consequence before submitting your contractual declaration and expressly consented to our commencing with the performance of the service in return before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfil the contractual payment obligations for the period until the revocation. Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
End of the cancellation policy
7 Right of use of content available in the app
7.1 Unless further use is expressly permitted in these General Terms and Conditions or in the app or is made possible in the app by a corresponding functionality (e.g. download button), the following may be used without prejudice to existing third-party rights
7.1.1. the content available on the app may be accessed and displayed online exclusively for personal purposes;
7.1.2. the content available in the app may not be edited, modified, translated, displayed or performed, published, publicly displayed, reproduced or distributed in whole or in part. Likewise, it is prohibited to remove or alter copyright notices, logos and other marks or protective notices.
7.2 Without prejudice to the existing rights of third parties, a non-exclusive right of use for an unlimited period of time is granted for the use of the duly downloaded or printed contents for own, non-commercial purposes. In all other respects, all rights to the content shall remain with the original rights holder. Mandatory statutory rights remain unaffected.
8.1 The operator is not liable for damage, in particular loss of data, or damage to software or hardware or financial losses, which arise through his service, unless these are based on a grossly negligent or intentional act of the operator, his vicarious agents or his legal representatives. The operator is liable without limitation for damage to health, body or life as well as claims for damages arising from the Product Liability Act. Likewise, the operator is liable for the breach of obligations that are of particular importance for achieving the purpose of the contract (cardinal obligations); in this case, liability is limited to the amount of the typically foreseeable damage.
8.2 The operator is not liable for the unauthorised acquisition of personal user data by third parties (e.g. through unauthorised access to the database by hackers). The operator cannot be held liable for the misuse by third parties of data and information which the user himself has made accessible.
8.3 In the event of an infringement of third party rights by a contracting party, the latter shall indemnify the respective other contracting party against all resulting claims and claims for damages as well as against the costs of legal defence in an appropriate amount against proof. The indemnification shall be subject to the condition that the contracting party against which a claim is made shall only settle or acknowledge the claims asserted by the third party with the prior written consent of the respective other contracting party.
8.4 The operator is entitled to immediately block the account if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the operator of this. The operator must notify the user of the removal and the reason for it without delay. The block shall be lifted as soon as the suspicion is rebutted.
8.5 The Operator is not liable for the legal correctness of the receipts added digitally at the cash register or by the User via camera. Furthermore, the Operator does not provide any tax or legal advice within the meaning of the German Tax Consultancy Act (StBerG) or the German Legal Services Act (RDG).
8.6 The Operator shall not be liable if the User has intentionally or accidentally deleted the sales slips stored in the App and in this respect an exchange, return or complaint of the correspondingly purchased items is not possible or made more difficult. Furthermore, within the scope of the reminder function, the Operator shall not be liable for the correctness of the calculation of the warranty and guarantee periods made by the User and, in this respect, not for any delayed assertion of any claims of the User against the corresponding seller.
§ 9 Legitimisation
9.1 By using the App, the User authorises the Operator as its agent and delegates to the Operator the power to retrieve the information on its behalf from the external source using the data provided.
9.2 The use of the App to receive and storereceipts digitally at the checkout or by the User via camera in the App is the sole responsibility of the User. In particular, the Operator assumes no responsibility for any violations by the User of agreements between the User and third parties.
9.3 The Operator expressly points out that the sales slips stored digitally at the cash register or directly by the User via camera may contain sensitive and/or confidential information.
§ 10 Data protection and data security
10.1 Data protection
The operator complies with the provisions of the EU General Data Protection Regulation. In order to be able to meet these requirements, the following agreements are additionally concluded for the use of the app anybill:
A valid data protection declaration, including appendices, can be viewed on the operator's website wwwanybill.de and in the anybill app, where it is available for download.
The Operator undertakes to maintain strictest secrecy about all confidential processes, in particular the User's business or trade secrets, which come to its knowledge in the course of the preparation, implementation and fulfilment of the contract and to neither pass them on nor exploit them in any other way.
10.3 Data encryption
To ensure user protection, all communication with the anybill server is encrypted using the HTTPS protocol.
10.4 Data security and data provision
The operator is obliged to take suitable precautions against data loss and to prevent unauthorised access by third parties to the user's data.
In order to back up all user data generated during use, the operator creates a daily backup. This backup provides a safeguard against system failures. The user has no right to restore data that he has deleted himself. When and whether the operator restores data is at the discretion of the operator.
The operator warrants that the app is functional and ready for operation and that the user can use the app without infringing the rights of third parties. The warranty for material defects does not apply to defects caused by the app being used in a hardware and software environment that does not meet the necessary requirements or to changes and modifications made by the user without being authorised to do so by law, contract or on the basis of the operator's prior written consent.
For technical reasons beyond the control of the operator, the app may be unavailable. In this case, the operator guarantees to do everything in its power to restore availability as quickly as possible. The operator has taken preventive measures under 10.4.
§ 12 Support and customer service
The operator will respond to enquiries (via ticket system or e-mail) from the customer regarding the use of the contractual software as soon as possible after receipt.
§ 13 Notifications
All notices shall be sent in writing to the addresses indicated. The sending of notices by e-mail satisfies the written form requirement. The contracting parties are obliged to notify the other contracting party of any change of address without delay, failing which notices sent to the address last notified shall be deemed to have been received with legal effect.
§ 14 Final provisions
14.1 The contract existing between the contracting parties shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance is Regensburg.
14.2 Only undisputed or legally established claims may be offset against claims of the Operator.
14.3 Unless otherwise agreed in writing in individual cases, the General Terms and Conditions of the Operator shall apply exclusively. Any General Terms and Conditions of the User deviating herefrom shall be deemed to be contradicted and shall be excluded.
14.4 These GTC are valid as of 16.09.2020