These general terms and conditions (GTC) apply to all business relationships between users and FINARX GmbH (hereinafter referred to as FINARX) for the provision of the service Qlaqs. The current version at the time of the conclusion of the contract is authoritative. Any other terms and conditions of the user shall not apply unless FINARX has explicitly agreed to this in writing or in text form. No later than by creating an account at Qlaqs, does the user acknowledge the validity of this terms and conditions.
With Qlaqs, FINARX offers the option of recording working times via a smartphone application and evaluating it via the timesheet server.
Qlaqs Timesheet Server is a service made available via the Internet. Internet access required for the use of Timesheet Server is not the subject of FINARX services.
FINARX reserves the right to extend, reduce or change the services at any time. A claim for offering further functionalities over the service described in paragraph 1 does not exist.
Upon successful completion of the account creation, a contractual relationship is established on the use of Qlaqs. Account creation is completed successfully when the user completes the account creation, e.g. confirmed by calling an activation link in an e-mail.
After registration you will participate in the free trial of Qlaqs. Some functions that are available within the software of are experimental. This means that they may contain errors or can be changed but have the comeplete functionality of the paid version. You do not make any financial commitments by participating in the test phase!
After the trial period has ended, the account will be downgraded to a Lite account without notice. If the user wishes to continue to use the paid pro services after completing this test phase, they can enter their payment data under the menu item "Shop" (shopping cart) and conclude a paid subscription for their account.
If the user enters his payment data under the menu item "Shop" and clicks on the button "Close contract for payment", a fee-based contractual relationship is concluded. The use of the FINARX Qlaqs costs per user per month 7.00 € incl. 19% VAT (Price List 05/2018).
The contractual relationship runs indefinitely.
Cancellation Policy
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in Connection with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation is sufficient. The revocation must be sent to:
FINARX GmbH
Lise Meitner Straße 10
64293 Darmstadt
Germany
E-mail: rechnungsstelle@finarx.eu
Cancellation Policy
In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This may mean that you still have to fulfill the contractual payment obligations for the period until the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with their receipt.
Special notes
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
A right of revocation exists according to § 312b BGB only towards consumers. If the user is not a consumer within the meaning of § 13 BGB and uses Qlaqs, there is no right of revocation. Regulations on the granting of the free test phase remain unaffected by this.
The declaration of contract is in any case a click on the button "conclude contract subject to payment" when entering the payment data under the menu item "Account".
The monthly fee for the use of Qlaqs is due at the end of each billing month. The monthly fee is paid by direct debit or credit card.
The user must ensure that the bank or credit card account from which the amount is debited has the necessary cover. In the event that payment is not made due to circumstances for which the user is responsible, FINARX may charge the user the additional costs incurred (e.g. costs of the return debit note) in the respective amount incurred.
Monthly invoices in PDF format are made available to users of Qlaqs.
If the customer defaults on a payment, the customer's access (customer account) including sublicenses will be excluded from the entry of new data (delivery mode).
If the customer is in default of more than three months with at least one payment, the provider reserves the right to block the relevant customer account including all sublicences from the contract of use until payment of all outstanding claims of the provider against the customer.
For billing purposes, FINARX accesses external payment service providers (eg PayPal). By entering his payment details, the user agrees to the transmission of his personal and payment transaction data to these service providers. For security reasons, credit card data are not stored by FINARX, but only by the service provider.
The user may terminate the contract for the use of Qlaqs at any time at the end of the current billing month.
Termination must be in writing.
Six months after the expiration of the provision period, all data submitted by the customer to Qlaqs will be permanently deleted. The customer may also request in writing that his data be deleted earlier, but not earlier than 40 days after termination. Billing data and invoices are excluded from this due to legal regulations (GOB, UStG etc.).
Upon request, the customer can receive his data in CSV format on a data carrier (CD-ROM or USB stick) for a fee. The amount of the fee results from the current price list. Digital documents (document images) are excluded from this and other data export.
The customer is obliged to protect his access data by suitable measures to prevent unauthorized access to the software by third parties.
The customer is not entitled to make the contractual software available to third parties for use without setting up an employee account for this purpose. The customer is therefore expressly not permitted to sublet the possibility of using the software.
The customer is obliged to comply with the laws and regulations applicable in the Federal Republic of Germany. In particular, it is not permitted to use the software to send spam, to intentionally influence the server services, to damage other users by circumventing the access software or to determine their data as well as to carry out other actions in breach of contract or under criminal law. FINARX reserves the right to delete these illegal or abusive data and contents immediately.
If the customer violates his obligations and FINARX suffers damage as a result, the customer must compensate FINARX for this damage.
FINARX is not responsible for the actions of its clients. This applies in particular to the possibility of transmitting information to third parties by e-mail. The client releases FINARX from any liability in this context.
This application software and its components are protected by copyright and by international agreements, trademarks and service marks and/or other property rights and laws of Germany and other countries. The customer is obliged to comply with all applicable copyrights and other laws, further copyright notices and restrictions in these license conditions. These terms of use do not grant the customer any rights, ownership rights or participation in the intellectual property of FINARX GmbH, including (but not limited to) the trademark of the application software. These terms of use do not create a relationship in the sense of an agency agreement or a partnership between the customer and FINARX GmbH.
The customer acknowledges that FINARX GmbH has all legal rights, property rights and participation in the application software, including all intellectual property rights in the application software (regardless of whether these rights are registered and exist anywhere in the world).
The customer is not allowed to,
modify, decompile, disassemble, and in any way modify, decompile, disassemble the application software, or any ideas, algorithms, file formats, or programming or interoperability interfaces of the application software or any of the application software contained or contained in it. to reconstruct or identify files created by it, as well as to make improvements to the software, unless otherwise caused to correct errors in the application software or to modify or adapt it in any other way - to sell, lend, distribute, reproduce, copy, transfer the application software to third parties, to produce the sublicense for the application software, to permit access to the application software, its provision and use and the resulting revenues, whether for direct commercial or financial gain, without the prior express written consent of FINARX GmbH.
to circumvent the technical protection measures in the application software or to provide means or methods for circumventing them
use all or part of the application software to create any tools or software products that can be used to create any type of software application
use the application software for unauthorized access, copying, transfer, transcoding and further transmission of the contents, if it violates the laws or the rights of third parties
remove, obscure, obscure or otherwise disfigure the copyright notices, trademarks or other proprietary notices of FINARX GmbH or any third party contained in the application software, the functions or in connection therewith
Unless otherwise agreed in writing with FINARX GmbH, these license provisions do not give the customer the right to use FINARX trade names, trademarks, service marks, logos, domain names and other characteristic features.
The customer is obliged to inform his users of the Qlaqs system about the conditions of use under data protection law and, if necessary, to document his agreement to this and to disclose this to FINARX upon request. Only the owner of a Qlaqs account (client "admin") can initiate the data deletion; the other users of a Qlaqs account (client "user") are not contractual partners of FINARX.
The customer is responsible for backing up the data of his devices used to access Qlaq's services. He also undertakes to comply with data protection obligations towards his users, including data deletion and deletion of data backups. FINARX assumes no liability for data loss on the end devices. The user regularly checks the correctness and completeness of the transmitted data via the Qlaqs Web Center.
The application software is delivered according to the current state of development and is subjected to extensive tests and quality assurance measures by FINARX GmbH before delivery.
Information contained in brochures, advertisements, documentations and similar writings only represent descriptions and do not contain any assurance of properties. The assurance of characteristics requires an express written agreement. This also applies to price quotations or information on the release of additions and extensions.
If an application software should be defective and the customer has an effective claim, FINARX GmbH shall, at its discretion, provide supplementary performance by one of the following measures:
remedy the defect at no cost to the customer, using new or refurbished spare parts which are equivalent in terms of their characteristics and reliability, or
replace the application software with new or refurbished application software (equivalent in terms of its characteristics and reliability) which is at least equivalent in functionality to the original application software, or
refund the purchase price of the original application software to the customer on presentation of a valid proof of purchase. (This requires the actual possibility of reimbursement by the AppStore or the payment service provider operator)
Of course, further rights to which the customer is legally entitled remain unaffected by the above provisions.
The Customer understands that all information (data files, written or scanned text, images, photographs, computer software, audio files, music, sounds and other - collectively "Content") to which the Customer has access and which he uses in the Application, is the sole responsibility of the Customer from whom such Content originates.
The customer is aware that the application software could expose him to content that is offensive, offensive or reprehensible. In this respect, use of the application software is at your own risk.
The client confirms that he is solely responsible for the content he creates, transmits or displays during the use of the application software and for the consequences of his actions (including any losses or damage that may arise for FINARX GmbH). FINARX GmbH bears no responsibility for this, neither towards the customer nor towards a third party.
In addition to the statutory warranty claims, FINARX GmbH provides customer service in conjunction with the application software. Information and frequently asked questions about application software are always available within the FINARX service under the Help tab. In addition, customers can contact our support staff by clicking "Support" in the application software.
FINARX GmbH takes the protection of personal data of customers very seriously and adheres strictly to the German Data Protection Act as well as to the General Data Protection Regulation (DSGVO) of the EU under applicable law. Note acc. § 33 BDSG: The customer data is stored. However, the customer data will not be passed on to third parties or used for other purposes.
FINARX GmbH collects, processes and uses customer data for execution and processing of contracts with them, in particular to successfully establish connections via the Internet.
By using the service QAQS and all other software products of FINARX GmbH search as Timegate, Route, Timesheet or Scan, the customer grants his agreement for the purpose of processing of his data according to DSGVO.
FINARX GmbH may distribute advertising and advertising material on or via the application software. For advertising via e-mail and calls, this only applies if the legally required consent of customers exists.
However, FINARX GmbH may advertise its own similar goods or services (for example new application software, extension of the service, etc.) by e-mail, whereby the customer can object to this at any time. FINARX GmbH will then promptly delete the data on its own data processing systems as well as data recorded by third parties. Data that does not contain personal information, such as customer technical information, system or application software, is collected periodically and automatically to provide the customer with world-class service, including providing online functionality, software updates, and support To facilitate and improve content, TPM and other services for the customer.
Qlaqs will comply with the statutory provisions of data protection in its current version. The applicable data protection regulations are known to FINARX.
The Qlaqs system allows the user to logically delete their data in regular operation and logs these processes to prevent misuse and data loss on poor cellular connection. This makes it possible to restore accidentally deleted data if necessary. This service can be requested for a fee by the support team. A physical deletion in the sense of data protection law takes place with termination of the account only after a holding period, which results technically by the data backups in our data center.
The physical deletion of individual users is the responsibility of the client administrator of the customer and is only published in the user interface after approval with a second factor.
From time to time, application software requires updates in the form of automatic synchronization or updates, which make available to the customer FINARX GmbH on their servers or systems by means of various formats (feeds, definition files, etc.) ("updates"). In addition, third-party systems are being used (for example, Apple AppStore, Google Play) to distribute the updates. These updates may be provided for a limited period of time, at irregular intervals, or as required by an applicable support agreement. The application software may also include technical protection measures. The customer agrees that the application software will automatically contact FINARX GmbH or third-party systems for updates and that the application software will be updated accordingly with these updates. Customer consent to this Section 9 is limited to data which is non-personal data. For any data collected, processed or otherwise used in connection with this Section 9, Section 8 shall apply mutatis mutandis. If third parties (Apple, Google etc.) collect personal data for the provision of the service, FINARX is not responsible for their administration or deletion.
The responsibility for the selection and consequences of the use of the application software, as well as the results intended or achieved thereby, shall be borne by the licensee (the customer). Liability of FINARX GmbH for damages of any kind (including without limitation loss or loss of profit, loss of business information or other financial loss) arising out of the use of this product or the inability to use this product is expressly excluded ,
FINARX GmbH is fully liable in accordance with the statutory provisions for its own conduct and that of its legal representatives and vicarious agents in the event of damage based on intentional or grossly negligent breach of duty for life, limb or health, based on intentional or negligent breach of duty. which are covered by the liability under the Product Liability Act, as well as based on intentional or grossly negligent breaches of contract and malice.
For damages in the area of paid use of a FINARX application software, which have arisen due to slight negligence, FINARX GmbH is liable for its own behavior as well as that of its legal representatives and vicarious agents only in case of breach of essential contractual obligations and also only in the amount of contractually foreseeable damages.
FINARX GmbH has no further legal or contractual liability as described in this paragraph, irrespective of the legal nature of the claims made by the customer; any liability beyond this paragraph is excluded.
This application software is the intellectual property of FINARX GmbH. FINARX GmbH does not grant the customer an inclusive and transferable license to install and use the application. As a buyer or renter of the software, the customer has only the right to deal with the copyrighted product (application software) and to use it according to the contract. The application software is licensed for use after purchase, not final sold. All rights to this application software are reserved by FINARX GmbH.
The customer is aware that he uses the application software (as well as servers, data storage or networks connected to the application) at his own risk.
The customer is obliged to use this application software only for the purposes defined by these license conditions and the applicable laws, regulations and generally accepted guidelines in the relevant legal systems (including any legal provisions relating to exports of data or software from Germany and other relevant countries) relating to the application software. These laws include, among other things, restrictions on destination, end user and end use
The customer confirms that he is solely responsible for the use of the acquired application software. The customer is solely responsible for the violation of his license obligations, and for the consequences (including losses and damages, which result from this for FINARX GmbH), which result from these license violations.
It is not permitted to use this application software in a manner that could lead to overloads, malfunctions, impairments or damage to the application software. Likewise, it is not permitted to use the application software in a manner that could interfere with the cooperation with other parties using this application software (servers or networks connected to the application).
It is not permitted to use this application software illegally, for unlawful purposes and in contradiction with these license regulations.
It is not permitted to use this application software in any way that could threaten or harm human life or property.
It is not permitted to use or export this application software if it could lead to a violation of the laws and guidelines in force in Germany (and the countries concerned).