for the use of XRechnungs

1. These General Terms and Conditions (GTC) apply to the use of the SaaS platform "XRechnungs", operated by:

   Geury Roustand

   Sole trader

   Bahnhofstraße 24

   73033 Göppingen

   Germany

   Email: info@xrechnungs.de

   – hereinafter referred to as "Provider" –
2. The offering is directed exclusively at business users within the meaning of § 14 BGB (German Civil Code). Consumers within the meaning of § 13 BGB are excluded from use.
3. By registering or using the platform, the user confirms that they are acting as a business.
4. Deviating terms of the user shall not apply unless their validity has been expressly agreed to in writing.

1. The contract is concluded upon completion of registration and activation of the user account.
2. The Provider is entitled to reject registrations without stating reasons.

1. The Provider makes available an internet-based software solution for the creation and processing of electronic invoices (in particular XRechnung and ZUGFeRD).
2. The services include in particular:
   • Creation and export of electronic invoices (e.g. XML, optionally PDF)
   • Technical validation in accordance with published specifications
   • Management of invoice data within the user account
   • Provision of a web-based dashboard
   • Optional AI-powered text recognition (OCR) for the extraction of invoice data exclusively when actively using the PDF-to-XRechnung/ZUGFeRD conversion feature
3. The Provider continuously develops the service. Features may be extended, adjusted, or replaced, provided this is reasonable for the user.

1. The user receives a simple, non-transferable right to use the current version of the software for the duration of the contract.
2. Redistribution, sublicensing, reproduction, decompilation, or any other form of reverse engineering of the software is prohibited.
3. All rights to the software remain with the Provider.

The user is obligated to:

• provide complete and accurate information
• keep login credentials confidential
• not enter any unlawful content
• not upload any malware
• independently verify invoices before sending
• independently comply with statutory retention obligations

In the event of violations, the Provider may suspend or terminate the account.

1. The user is solely responsible for the accuracy of the content of invoices created.
2. The Provider assumes no liability for:
   • incorrect entries
   • rejected invoices
   • missing mandatory information
   • late submissions
   • tax or legal disadvantages
3. No guarantee is given for the acceptance of invoices by specific platforms (e.g. ZRE, OZG-RE, Peppol, ERP systems).

1. AI-powered text recognition is optional. Only when actively using the PDF-to-XRechnung/ZUGFeRD conversion feature are uploaded documents transmitted to the API of OpenAI, Inc. (USA) for data extraction. Details on data processing and third-country transfers can be found in the Privacy Policy and the Data Processing Agreement (DPA).
2. AI-powered text recognition may be inaccurate or incomplete. The user is obligated to independently review and correct all automatically extracted data before further use.
3. The Provider assumes no liability for errors arising from automatic text recognition.
4. The user may only upload documents that they are authorized to process.

Data and documents are stored for the duration of active account use. After termination of the usage agreement or cancellation of the user account, the user may, at their choice, request the return or deletion of the personal data processed on their behalf. For the return of data, the Provider makes the stored documents and data available for download in a common electronic format for a period of thirty (30) calendar days. If the user requests deletion, or if no return request or download takes place within this period, the stored data and documents will be deleted after the period expires, unless statutory retention obligations prevent this. The deletion is documented internally; recovery after deletion is technically not possible. The user remains responsible for independently fulfilling their tax and commercial law retention obligations, in particular pursuant to §§ 147 AO and 257 HGB, and for maintaining their own backups.

1. The Provider strives for the highest possible availability of the service.
2. There is no entitlement to a specific level of availability.
3. Interruptions may be caused in particular by maintenance, technical faults, force majeure, or external service providers.

1. The prices published at the time of conclusion of the contract shall apply.
2. Billing occurs monthly or annually.
3. Non-use does not constitute grounds for a refund.
4. In the event of late payment, the account may be suspended.

1. In the event of defects, the statutory provisions for digital products in commercial transactions shall apply.
2. The Provider does not warrant that the service will be available at all times without errors or interruptions.

1. The Provider is liable without limitation for:
   • intent
   • gross negligence
   • injury to life, body, or health
2. In the event of slight negligence in breach of material contractual obligations, liability is limited to the foreseeable, contract-typical damage.
3. Otherwise, liability for slight negligence is excluded.
4. Liability under the Product Liability Act remains unaffected.
5. Liability for lost profits is excluded to the extent permitted by law.
6. Use is provided "as is".

To the extent that the Provider processes personal data on behalf of the user, the separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR shall apply, which forms part of the contractual relationship.

The contract runs for an indefinite period unless a paid plan with a minimum term has been agreed. The user may terminate the account at any time. The return or deletion of stored data and documents after termination of the contract is governed by § 7 of these GTC and the Data Processing Agreement (DPA).

1. The Provider may amend these GTC for legitimate reasons.
2. Users will be notified of changes in a timely manner.
3. If the user does not object within 4 weeks, the changes shall be deemed accepted. The Provider will separately inform the user of this legal consequence.

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Göppingen, to the extent permitted by law.

The Provider is entitled to temporarily suspend access if the user violates these GTC or there is reasonable suspicion of misuse of the platform. The user will be notified of the suspension and its reason without undue delay.

The Provider is not liable for service failures due to force majeure or events beyond its control, in particular natural disasters, power outages, attacks by third parties, or failures of upstream infrastructure.

Should any individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.