General Terms and Conditions

aifinyo AG (as of 6/2024)

§ 1 Subject Matter and Scope of Application

  1. These General Terms and Conditions (hereinafter also referred to as "GTC") regulate the rights and obligations in connection with the use of the services of the provider aifinyo AG, Friedrichstraße 94, 10117 Berlin and its affiliated companies aifinyo finance GmbH, aifinyo finetrading GmbH, aifinyo payments GmbH and Elbe Inkasso GmbH (hereinafter referred to as "Corporate Group" or "Service Provider") and the Customer in connection with the use of the services. These services are offered at the internet address www.aifinyo.de and made generally accessible under various subdomains and aliases of this domain, via background applications, web services and integrations into third-party sites (e.g. via iFrame). The Corporate Group supports entrepreneurs with additional liquidity and offers various solutions through the aforementioned channels. For this purpose, interested parties can register and will subsequently be contacted for offer preparation. These are the "Services" described in these GTC.
  2. Only the Service Provider's data protection and terms of use apply. Conflicting or deviating terms or GTC of the Customer will not be recognized by the Service Provider unless their validity has been expressly agreed to in writing. These GTC also apply if the Service Provider provides its services to the Customer without reservation with knowledge of conflicting or deviating terms or GTC of the Customer.
  3. When the term "Service Provider's websites" is used below, this refers to the Service Provider's websites through which the Service of the above description is made generally accessible by the Service Provider on the internet.

§ 2 Registration for an Offer from the Corporate Group

  1. Registration does not create any claim by the Customer to conclude a contract with a company of the Corporate Group. The Service Provider is free to reject any customer request for an offer for a contract without stating reasons.
  2. Registration by the Customer on the customer portal is free of charge. There is no entitlement to admission to the customer portal. For registration, the Customer electronically completes the registration form available on the customer portal and clicks the "register" button. The data required for registration must be provided in full. During registration, the Customer also sets a password.
  3. A contract is only concluded after review of all necessary documents and on the basis of a separate contract including GTC for all forms of financing that can be provided by the Corporate Group – factoring, leasing, finetrading, collection services, etc. – at the free discretion and offer preparation of the Corporate Group and acceptance of the offer by the respective interested party.
  4. The Customer has the opportunity to print out the text of the services offered during the registration process and before registration.
  5. The Service Provider generally only offers its services to entrepreneurs as defined in § 14 BGB. Exceptions are the offers of Elbe Inkasso GmbH, whose services can also be requested by private individuals, as well as the individual financial software solutions (e.g. cashflow tool, etc.) offered by aifinyo AG. In the case of a legal entity, registration must be made by a natural person with full legal capacity and power of representation. A prerequisite for registration is also that the Customer has reached the minimum age of 18 years.
  6. In the event that a company performs accounting for third parties on commission and the third party is specified as the contractual partner, the accounting company is obliged to inform the third party in advance about these terms of use.

§ 3 Software Provision

  1. As a provider, the Service Provider makes the customer portal and the software solutions contained therein available to the Customer in the current version via the internet for the duration of this contract. For this purpose, the Service Provider as provider sets up the software solution and the customer portal on a server that is accessible to the Customer via the internet.
  2. The current functional scope can be viewed on the website www.aifinyo.de or in the customer portal.
  3. The Service Provider undertakes to remedy any errors occurring within the customer portal or the software solution as quickly as possible.
  4. The customer portal and the software solutions contained therein are continuously developed by the Service Provider and improved through updates and upgrades.

§ 4 Rights of Use

  1. The Service Provider grants the Customer access to the customer portal and to the respectively selected software solutions; there is no transfer of the software solution, the customer portal or the respective source code. The Service Provider grants each Customer a simple, non-transferable, non-exclusive and non-sublicensable right to use the customer portal and the respective software solution according to the selected scope of services and within the legally permissible framework. For individual software solutions, there may be separate license terms. These are displayed when the software solution is selected for the first time and must be confirmed by the Customer.
  2. The Service Provider is granted a simple and free right of use for the content uploaded by the Customer, which the Service Provider uses, among other things, for storing the content on the server. The right of use also applies to companies affiliated with the Service Provider and enables them, among other things, to offer the Customer various financial services and to improve and further develop the systems offered.
  3. The granted right of use exists in principle for an indefinite period. However, it ends with the issuing of a deletion order or revocation by the Customer. In this case, personal data will be blocked or anonymized and deleted after expiry of the statutory retention periods.
  4. The Customer ensures for content uploaded by them that they possess all rights of use and exploitation to be granted according to paragraph 2 to the content, i.e. they are either the rights holder or the rights holder has granted them all corresponding rights.
  5. The content uploaded by the Customer is the responsibility of the Customer. The Service Provider does not review the respective content, in particular not for accuracy or legality of the customer content.

§ 5 Provision of Storage Space

  1. The Service Provider provides the Customer with the storage space on the server necessary for using the customer portal and the selected software solution for storing the data.
  2. The Service Provider is permitted to involve subcontractors in the provision of storage space. The use of subcontractors does not release the Service Provider from the obligation to fulfill the contract towards the Customer.
  3. The Service Provider ensures that the stored data can be accessed via the internet.
  4. The Service Provider undertakes to take appropriate technical and organizational measures for data availability, data integrity and data security and against unauthorized access by third parties. For this purpose, the Service Provider carries out regular updates, among other things.
  5. The Customer can request the release of individual or all data at any time.
  6. Upon termination of the contractual relationship, the Service Provider makes the Customer's data and content available to them upon request.
  7. The data is released by transmission via a data network. The Customer has no claim to also receive the software suitable for using the data.

§ 6 Cashflow Tool

  1. The Customer has the possibility, within the framework of an account information service, to connect existing bank accounts at German financial institutions with the cashflow tool and to process their finances according to business requirements and to determine future liquidity flows on the basis of this planning.
  2. The Customer selects their account-keeping bank from which the bank account is to be connected and then logs into their online banking. Through online registration as a Customer of the Service Provider, as well as consent to the present GTC and the privacy policy, the Customer explicitly consents to the storage of login data by the external service provider FinTecSystems GmbH, based in Munich (hereinafter referred to as external service provider), in order to be able to always view the bank accounts connected with the help of the Service Provider's software up to date. If the Customer does not consent to this storage, the cashflow tool and the account information services contained therein cannot be used.
  3. The login establishes an encrypted and secure connection to the Customer's account-keeping bank. This connection is made by providing an interface between the account-keeping bank and, on the Service Provider's side, through the external service provider. If the Customer wants to connect multiple bank accounts, they repeat the described process.
  4. The Service Provider points out that the transaction history of the implemented bank accounts can only be displayed to the extent that the responsible account-keeping bank transmits the data to the Service Provider via their service provider. The transmission is fully encrypted and corresponds to the highest security standards. In addition, it is always updated. The Service Provider provides no guarantee that the account-keeping bank will continue to support the application in the future. The Service Provider is dependent on the transmission of data from the account-keeping banks and has no influence on the willingness to transmit.
  5. The cashflow tool and the software underlying the customer portal are continuously updated, expanded and/or modified by the Service Provider to add functions and improve existing functions, as well as (if necessary) to fix technical errors.
  6. The Service Provider is granted a simple and free right of use for content uploaded by the Customer, which the Service Provider uses, among other things, for storing the content on the server. The right of use also applies to companies affiliated with the Service Provider and enables them, among other things, to offer the Customer various financial services and to improve and further develop the systems offered.
  7. The granted right of use exists in principle for an indefinite period. However, it ends with the issuing of a deletion order or revocation by the Customer. In this case, personal data will be blocked or anonymized and deleted after expiry of the statutory retention periods.

§ 7 Further Services of the Service Provider

  1. The Service Provider offers the Customer various financing solutions for which they can register on the associated websites. After complete registration, the Customer receives a message and may subsequently be contacted by employees of the Corporate Group in order to create a tailored individual financing offer and clarify questions. This is usually done online, by email, telephone or by post.
  2. The content and scope of services are determined exclusively by the functionalities currently available on the Service Provider's website.
  3. Only the respective Customer is entitled to the service. Transfer of customer accounts possibly provided by the Corporate Group to third parties or other granting of usage possibilities by the Customer to third parties is prohibited and entitles the Service Provider to extraordinary termination.
  4. The service provider and its affiliated companies offer the Customer, in addition to financing solutions, various financial information services. These can be made available to the Customer within the framework of the various products and software solutions.

§ 8 Interruption/Impairment of Accessibility

  1. Adjustments, changes and additions to the contractual financial software as well as measures that serve to determine and remedy functional disruptions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
  2. The Service Provider ensures availability of the websites and other services of 98% on an annual average within its area of responsibility. Regular maintenance windows as well as times during which the website or the financial software solutions offered cannot be reached due to technical or other problems beyond the Service Provider's control (force majeure, fault of third parties, etc.) are not included in the calculation of availability.

§ 9 Customer Obligations

  1. The Customer undertakes to inform the Service Provider about functional failures, disruptions or impairments of the financial software offered without delay and as precisely as possible by email or via the input mask in the customer portal or on the Service Provider's website.
  2. The Customer is obliged to provide truthful information that they provide about their person or their company in connection with the use of the service.
  3. The Customer is obliged to treat emails and other electronic messages that they receive from the Service Provider or other customers in connection with the use of the service confidentially and not to transmit them to third parties without the communication partner's consent.
  4. In the case of using a customer account, the Customer is obliged to keep the password they selected for registration secret. The Service Provider will not pass the password on to third parties, will only use it for the login process and will never ask the Customer for the password – apart from the login process. Each Customer may only create one customer profile. The Customer may not allow third parties to use their own customer profile.
  5. The Customer is obliged to check their IT infrastructure, data and information for viruses or other harmful components before input and to use virus protection programs that correspond to the state of the art for this purpose. The Customer ensures that they always use the current browser version.
  6. To protect the Customer against unauthorized deletion of their customer profile by third parties, the Service Provider may carry out an identity verification during termination, e.g. by querying the username and an email address registered with the Corporate Group. The Service Provider may completely delete the Customer's data after rejection of a financing request. The Customer has no claim to storage of their data beyond this. In the event that data protection consent declarations are obtained from the Customer in connection with the use of the Service Provider's service, it is pointed out that these can be revoked by the Customer at any time with effect for the future.
  7. Without prejudice to the Service Provider's obligation to ensure data security, the Customer is responsible for their data and information required for entering, maintaining and using the customer portal or the software solutions.
  8. The Customer is obliged to comply with applicable laws when using the service.
  9. In particular, the following actions are prohibited for the Customer: (a) Use of mechanisms, software or scripts in connection with the use of the Service Provider's services. The direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited; (b) Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of the Service Provider's services; (c) Distribution and public reproduction of the Service Provider's content; and/or (d) any action that is likely to impair the functionality of the Service Provider's services and its IT infrastructure, in particular to overload it excessively.

§ 10 Notice Regarding the Right of Withdrawal

  1. According to § 312b BGB, a right of withdrawal only exists for consumers. If the Customer is not a consumer as defined in § 13 BGB and uses the Service Provider's services, there is no right of withdrawal.

§ 11 Data Transmission to SCHUFA and Release from Banking Secrecy

  1. The contractual partner aifinyo finance GmbH transmits personal data collected in connection with this contractual relationship about the application, implementation and termination of this business relationship as well as data about non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. The legal bases for these transmissions are Article 6 paragraph 1 letter b and Article 6 paragraph 1 letter f of the General Data Protection Regulation (GDPR). Transmissions on the basis of Article 6 paragraph 1 letter f GDPR may only be made insofar as this is necessary to protect legitimate interests of aifinyo finance GmbH or third parties and the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data do not prevail. The data exchange with SCHUFA also serves to fulfill statutory obligations to carry out credit checks on customers (§ 505a of the German Civil Code, § 18a of the Banking Act).
  2. The Customer also releases the contractual partner from banking secrecy in this respect.
  3. SCHUFA processes the received data and also uses it for the purpose of profiling (scoring) to provide its contractual partners in the European Economic Area and in Switzerland as well as possibly other third countries (provided there is an adequacy decision of the European Commission for these) with information, among other things, for assessing the creditworthiness of natural persons. More detailed information about SCHUFA's activities can be found in the SCHUFA information sheet according to Art. 14 GDPR or can be viewed online at www.schufa.de/datenschutz.

§ 12 Changes to Services

  1. The Service Provider is entitled at any time to change its provided services and financial software solutions without prior notice, to make new services available free of charge or for a fee, and to discontinue the provision of free services and financial software solutions. Furthermore, the Service Provider can expand chargeable services and financial software solutions with paid services. The Service Provider will give particular consideration to the legitimate interests of customers when changing paid services and will announce these in good time.
  2. A claim for reduction, reimbursement or compensation due to modification or discontinuation of free services cannot be asserted as a result.

§ 13 Limitation and Exclusion of Liability

  1. The Service Provider is liable without limitation in cases of intent or gross negligence for all damages caused by the Service Provider in connection with the provision of the services owed under these GTC.
  2. For free services, there is no liability of the Service Provider beyond that in paragraph 1.
  3. Insofar as the Service Provider's liability is excluded or limited according to the aforementioned provisions, this also applies to vicarious agents of the Service Provider.
  4. The information provided on the websites of the Corporate Group has been carefully reviewed and is regularly updated. No guarantee/warranty can be given that all information is complete, correct and presented with the latest updates at all times.
  5. The created content and works on these pages are subject to German copyright law. Contributions by third parties are identified as such. Reproduction, editing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator.
  6. All trademarks and trademark names mentioned within the internet offering and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Based on the mere mention alone, it cannot be concluded that trademarks are not protected by third-party rights.
  7. Insofar as the Corporate Group's offers contain links to external websites of third parties, whose content the Group cannot influence, no guarantee can be given for these external contents either. The respective provider or operator of the pages remains responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking and illegal content was not recognizable at the time of linking. Permanent content monitoring of the linked pages would not be reasonable without concrete evidence of a legal violation. Upon becoming aware of legal violations, we will remove such links immediately.

§ 14 Applicable Law, Place of Jurisdiction

  1. German law applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. International Sale of Goods. The exclusive place of jurisdiction for disputes arising from this contract is Berlin.

§ 15 Changes to the GTC and Final Provisions

  1. The Service Provider reserves the right to change these terms at any time with regard to technical progress as well as changes in laws and case law. Note: For concluded financing contracts, the respective contractual agreements and the respective agreed GTC apply.
  2. Should individual provisions of these terms of use be or become invalid, this does not affect the validity of the remaining provisions. In this case, this provision will be replaced in such a way that its meaning comes closest to that of the individual provision.
  3. The Service Provider reserves the right to change the GTC in the event of expansions of the product range, expansion and improvement of products and software solutions offered, as well as changes in the market situation. In this case, the Customer will be shown an adapted GTC in the portal for confirmation.
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