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Terms and Conditions – General Terms and Conditions

Preamble

The following General Terms and Conditions (the “GTC”) govern access to and use of the web- and mobile-based app (collectively, the “Apps” and individually, an ‘App’) as well as all content, products, and services provided by Steuerbot GmbH, Welfenstraße 19, 70736 Fellbach, Germany (“Steuerbot,” “we,” “us,” “our”) via one of the Apps or websites and applications operated by third-party cooperation partners (collectively, the ‘Services’) for consumers within the meaning of Section 13 of the German Civil Code (BGB) (hereinafter referred to as the “Customer,” “you,” “your”).

By using our app, you agree to be bound by these Terms and Conditions.

Additional terms and conditions (the “Special Terms and Conditions”) may apply to additional services, such as advertising and special promotions. Any Special Terms and Conditions will be communicated to you in connection with the relevant services and shall be deemed to be a supplement to and part of these Terms and Conditions.

§ 1 – Scope of services

  1. Steuerbot's services include web and mobile applications and related services that enable you to prepare, complete, and submit a tax return via the app.
  2. To calculate your tax liability and any refund amount, you can conclude a service contract with Steuerbot in accordance with § 3 of the Terms and Conditions and use the app to prepare your tax return for submission via the German tax administration's digital portal (“ELSTER”) (the “Service Contract”). The tax return is prepared outside the app and only using the data you enter in the app. In the app, you must provide certain relevant data and information necessary to prepare your tax return. Using this data, Steuerbot will provide you with a completed tax return via the app when you click on “Pay now” in the app.
  3. Steuerbot also offers you the option of authorizing Steuerbot to submit your income tax return electronically to the tax authorities via ELSTER.
  4. The app determines your tax liability based on your entries and the current tax legislation for the respective tax year. For clarification, Steuerbot points out that an expected refund or a potentially additional tax amount owed is only a non-binding calculation, and Steuerbot does not provide any guarantee whatsoever. Your actual tax liability is determined exclusively by your local tax office.
  5. Notwithstanding the provisions in these terms and conditions, none of Steuerbot's services include or constitute services requiring approval under the Tax Consultancy Act (StBerG) or the Legal Services Act (RDG), nor does Steuerbot claim to offer such services. The app is programmed so that the calculation of the tax burden is fully automatic and without human intervention, with the proviso that you have the option of manually correcting input errors before authorizing Steuerbot to submit your tax return to the tax authorities.
  6. If a service contract is concluded, Steuerbot will verify your identity and the data you have entered in accordance with legal obligations. To do this, Steuerbot uses an electronic identification system that allows you to verify your identity by submitting a scan of a German identity card or other official identification documents. In addition, you may be subject to further legal notification and cooperation obligations.

§ 2 – Rights of use for the app

  1. If these Terms and Conditions are agreed between you and Steuerbot, Steuerbot will create a customer account for you immediately after conclusion of the contract. You are obliged to protect your customer account, the email inbox of your customer account email address, and your password from unauthorized access by third parties and to take appropriate measures to this end.
  2. Steuerbot grants you a free, non-exclusive, non-sublicensable, revocable, and non-transferable right to use the app for personal use for the duration of the period of use (the “right of use”). You are obliged not to use the app for purposes other than those agreed in the Terms and Conditions and/or to use it improperly. You are obliged to refrain from any manipulation of the app.
  3. The Right of Use applies to all updates, upgrades, and new versions of the App. Steuerbot reserves the right to change any information in the App without prior notice, including, but not limited to, revising and/or deleting features or other information. All rights, titles, and interests not expressly granted herein are reserved by Steuerbot and/or Steuerbot's licensors.
  4. You may not modify, alter, adapt, reproduce, distribute, sublicense, reverse engineer, disassemble, create derivative works from, decompile, modify the source code of the app, or otherwise exploit the source code of the app unless we have expressly authorized this in writing. You may not commercially use any of the information provided in the app or use the app for the benefit of another company unless we have expressly approved this in advance in writing. Steuerbot reserves the right, at its sole discretion, to refuse service or terminate customer accounts if we believe that a customer's conduct violates applicable law, these Terms and Conditions, or our interests.

§ 3 – Service Agreement

  1. By clicking on “Pay now” or “Pay later” in the app, a service agreement is concluded between you and Steuerbot for the complete calculation of your tax liability and any refund amount, as well as the provision of a completed tax return based on your entries.
  2. You owe Steuerbot a one-time fee including statutory sales tax, which is displayed to you in the app (the “Steuerbot fee”). If available, you have the choice between the option of a Steuerbot fee payable immediately (“Pay now”) and the option of a Steuerbot fee payable later (“Pay later”).
  3. If you choose the “Pay later” option, the Steuerbot fee displayed in the app will generally consist of either (i) a fixed amount or (ii) a fixed amount plus a percentage of your tax refund, provided that the fixed amount displayed in the app is due immediately, no later than 150 days after conclusion of the service contract.
  4. The Steuerbot fee, the method of calculation, and the applicable payment terms, such as due date and payment methods, will be displayed in the app before you conclude the service contract.
  5. You authorize us to collect or make a direct debit payment in the amount of the Steuerbot fee specified in the app, depending on the selected payment method, using the bank details you have provided.

§ 4 – Services from other third-party providers

  1. Steuerbot enables other selected third-party providers to offer certain products and services via the app (the “third-party providers”). If you take advantage of any third-party offer, the corresponding contract is concluded exclusively between you and the third-party provider. The third-party provider is solely responsible for performing the service. Steuerbot assumes no responsibility or liability for the actions, products, and content of third-party providers, nor for the quality, security, or legality of the services offered by third-party providers.
  2. Insofar as the offers of third-party providers are based on data collected from you in the app and you accept any offer from a third-party provider, you instruct Steuerbot to transfer your data to the third-party provider. You will be informed about any data transfer.

§ 5 – Intellectual Property

  1. All content, including logos, images, videos, graphics, and text, that is associated with Steuerbot's services and published via the app is protected in particular as trademarks or copyrights and is the exclusive property of Steuerbot. You may not imitate, modify, use, reproduce, distribute, alter, or otherwise use this content without the prior written consent of Steuerbot, whether for private or commercial purposes. The statutory provisions remain unaffected.
  2. Steuerbot does not claim ownership of the content you provide to us (the “User Content”). Steuerbot reserves the right to remove or block access to User Content without giving reasons if, in our opinion, it violates the provisions of these Terms and Conditions or jeopardizes the integrity or security of the app or the services provided by Steuerbot.

§ 6 – Data protection

You can view Steuerbot's privacy policy here.

§ 7 – Obligations of the customer

  1. Your essential contractual obligation is to ensure that all information you provide to Steuerbot is accurate, correct, up-to-date, and complete, and that you immediately submit all necessary files, data, and supplementary information upon request.
  2. You agree to inform Steuerbot immediately of any changes or updates to your name, address, telephone number, and/or email address.
  3. In addition, your other obligations to cooperate in and under these General Terms and Conditions apply.

§ 8 – Liability and warranty

  1. Steuerbot shall be liable without limitation in cases of intent or gross negligence, for injury to life, limb, or health, in accordance with the provisions of the Product Liability Act, and to the extent of any warranty assumed by Steuerbot.
  2. In the event of property damage or financial loss caused by Steuerbot through slight negligence, Steuerbot shall only be liable for damages resulting from the breach of essential contractual obligations, but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract itself and on which you as a customer can regularly rely. The foreseeable and contractually typical damage shall not exceed the contract value of one year.
  3. Insofar as Steuerbot provides services without remuneration, Steuerbot shall only be liable in accordance with paragraph 1; paragraph 2 shall not apply.
  4. Otherwise, any liability on the part of Steuerbot is excluded.
  5. The above limitations of liability also apply to the personal liability of Steuerbot's employees, representatives, organs, and vicarious agents.
  6. You agree to indemnify Steuerbot and its respective representatives against all losses, liabilities, claims, and damages of any kind arising out of or in connection with (i) a culpable breach of these GTC or a legal obligation by you in connection therewith, or (ii) your culpable breach of the rights of third parties. Steuerbot will inform you immediately in writing in the event of such a claim.

§ 9 – Customer's right of withdrawal

You have a right of withdrawal in accordance with the following provisions.

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.

Special note on the premature expiry of the right of withdrawal The right of withdrawal also expires if Steuerbot has completely performed the service and only began performing the service after you gave your express consent and at the same time confirmed your knowledge that you would lose your right of withdrawal upon complete fulfillment of the contract by Steuerbot.

Declaration of withdrawal

To exercise your right of withdrawal, you must inform us:

Steuerbot GmbH Welfenstraße 19 70736 Fellbach widerruf@steuerbot.com  Phone: +49 711 30553044

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract in comparison to the total scope of the services provided for in the contract.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

  • To: Steuerbot GmbH, Welfenstraße 19, 70736 Fellbach
  • Email: widerruf@steuerbot.com
  • I/we ( * ) hereby withdraw from the contract concluded by me/us ( * )
  • Contract for the provision of the following service ( * )
  • Ordered on ( * )/received on ( * )
  • Name of the consumer
  • Address of the consumer
  • Signature of the consumer (only for paper notifications)
  • Date

( * ) Delete as applicable

Steuerbot

§ 10 – Term and termination of the GTC

  1. All provisions in these GTC apply for an indefinite period to the use of and access to the app, unless otherwise specified.
  2. Steuerbot and you are entitled to terminate these GTC at any time with ten business days' notice. Service contracts that have not yet been fulfilled are not affected by this.

§ 11 – Term and termination of the service contract

  1. The service contract ends when Steuerbot provides the completed tax return and you have paid the Steuerbot fee in full.
  2. Steuerbot is entitled to terminate the service contract, in particular if you intentionally or negligently violate the obligations specified in § 10 of these Terms and Conditions.
  3. The right of Steuerbot and you to terminate for good cause remains unaffected.
  4. Terminations must be made in writing.

§ 12 – Out-of-court dispute resolution

  1. We are not obliged and not willing to participate in dispute resolution proceedings before a national consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG).

§ 13 – Final provisions

  1. Steuerbot may amend these terms and conditions, all provisions, or special conditions relating to the services (collectively referred to as the “regulations”) from time to time. The amended regulations shall then apply to any new contract concluded between Steuerbot and you.
  2. If Steuerbot wishes to amend some or all of the Regulations for a current contract with effect for the future, the following shall apply:
  3. (a)
    Subject to § 13 (2) (b) and (c), in the event of a significant change to these Terms and Conditions that significantly affects your rights under these Terms and Conditions, Steuerbot will inform you of any planned changes. If you do not object within a period of 6 weeks or continue to access or use the services after the respective notification period has expired, this shall constitute your consent. Steuerbot will inform you in its notification of your right of termination, the deadline, and the consequences of your silence.
  4. (b)
    § 13 (2) (a) does not apply to changes to the subject matter of the contract or to changes to essential contractual obligations that would lead to a change in the overall structure of the contract. In this case, Steuerbot may offer you the option of continuing the contract with the amended provisions;
  5. (c)
    Steuerbot also reserves the right to adjust or amend these provisions with future effect if
  6. (i)
    the amendments or adjustments are solely beneficial to customers, or
  7. (ii)
    the changes or adjustments are necessary to ensure compliance with applicable law, especially if the applicable legal situation changes, or to comply with a court ruling or an official decision;
  8. (iii)
    the changes or adjustments have no significant impact on the functions of the services or are purely technical or organizational in nature, or
  9. (iv)
    Steuerbot introduces new services or features that require a description in the regulations, unless this would be detrimental to the current contractual relationship; in this case, § 13 (2) (b) applies.
  10. The law of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.
  11. Offsetting against counterclaims of the customer is only permissible if these counterclaims are undisputed or have been legally established.
  12. Should individual clauses of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.

[Version 1.1 / December 2024]