Terms of Service

1. Scope

These Terms of Service (hereinafter "Terms") apply to all contracts between ClearUp UG (haftungsbeschränkt) (hereinafter "ClearUp" or "we") and its customers (hereinafter "Customer" or "you") regarding the use of the web-based financial management software offered by ClearUp.

Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless ClearUp expressly agrees to their validity in writing.

2. Subject Matter

ClearUp offers a web-based software solution (Software as a Service, "SaaS") for financial management for self-employed individuals and freelancers. The exact scope of services is defined in the respective service description on our website at the time of ordering.

ClearUp does not constitute tax advice. The information and features provided do not replace professional tax or legal advice.

3. Contract Formation and Registration

The presentation of our services on the website does not constitute a legally binding offer but a non-binding invitation to order. By registering, the Customer submits a binding offer to conclude a usage agreement.

The Customer must provide truthful and complete information during registration and is obligated to keep their data up to date at all times. The Customer is responsible for maintaining the confidentiality of their login credentials.

4. Scope of Services and Availability

The functionality of the software is defined by the respective service description and the selected plan. ClearUp is entitled to further develop the software and modify its functionality, provided this is reasonable for the Customer.

ClearUp strives for a software availability of 99.5% on an annual average. This excludes times for scheduled maintenance as well as disruptions beyond ClearUp's control (e.g. force majeure, third-party provider outages).

5. Usage Rights

The Customer receives a non-exclusive, non-transferable, and non-sublicensable right to use the software as intended via the internet for the duration of the contractual relationship.

The Customer may not:

• use the software beyond its intended purpose
• make the software available to third parties or sublicense it
• decompile, reverse engineer, or otherwise determine the source code
• modify, adapt, or create derivative works

6. Prices and Payment

The prices indicated on the website at the time of ordering apply. Unless otherwise stated, all prices include the applicable statutory value-added tax.

Payment is made in advance for the respective billing period (monthly or annually, depending on the selected plan). ClearUp reserves the right to suspend access to the software if the Customer is in arrears with payment.

7. Contract Duration and Termination

The contract is concluded for an indefinite period and may be terminated by either party with one month's notice to the end of the respective billing period.

The right to extraordinary termination for good cause remains unaffected. A good cause for ClearUp exists in particular if the Customer violates essential provisions of these Terms.

After termination of the contract, the Customer has the opportunity to export their data within 30 days. After that, the data will be deleted.

8. Liability

ClearUp is liable without limitation for damages resulting from intentional or grossly negligent breach of duty, as well as for damages resulting from injury to life, body, or health.

In cases of slight negligence, ClearUp is only liable for breaches of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, typically occurring damage.

ClearUp is not liable for the accuracy of data entered by the Customer or the calculations and evaluations generated therefrom. The use of the software does not replace professional tax or financial advice.

9. Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

10. Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Berlin.

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining Terms shall not be affected.