Terms and Conditions

This translation is provided for convenience. Only the German version is legally binding.

for the SaaS service faktoora.com

⬇ Download the T&Cs as PDF

Note: This version applies from 01.12.2026. Until 30.11.2026, the previous version applies: T&Cs, version of July 2026 (PDF).

01 · Applicable Terms

1.1 These Terms and Conditions apply to contracts between faktoora GmbH, hereinafter referred to as "faktoora", and the entrepreneur, hereinafter referred to as "User", concerning the use of the SaaS service provided and operated by faktoora under the domain faktoora.com, an online platform for invoice and payment management, hereinafter referred to as the software or platform, and the services of faktoora connected through it.

1.2 The term "service" or "services" covers the contractual relationship regardless of the respective type of contract. The software is operated by faktoora as a web-based cloud solution. The User is enabled to use the software, which is stored and runs on the servers of the provider or of a service provider engaged by the provider, via an internet connection for its own purposes during the term of this contract, and to store and process its data with it.

1.3 faktoora is not a credit institution or financial services provider and does not provide legal advice, tax advice or debt collection services; it is merely the operator of the portal with the faktoora service.

1.4 faktoora's services are expressly offered only to Users who are entrepreneurs and wish to use them for a business purpose. Under no circumstances are faktoora's services offered to consumers. Entrepreneurs are natural or legal persons who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

1.5 These terms and conditions also apply where the User has conflicting terms and conditions, unless faktoora has acknowledged these in text form. Individual agreements as well as collateral agreements and supplements take precedence over these terms and conditions (§ 305b BGB).

1.6 In addition, the data processing agreement (DPA) and, for Users of the Enterprise plan and the existing customers named in section 01 of the SLA, the Service Level Agreement (SLA) form part of the contract, in each case in the version published at faktoora.com/dokumente at the time the contract is concluded. Clause 8.10 applies accordingly to amendments of the DPA and the SLA; the right to object to new sub-processors under clause 7 of the DPA remains unaffected. In the event of conflicts, the following order of precedence applies: individual agreements, the DPA (for the processing of personal data), the SLA, these T&Cs, the service description.

02 · Subject Matter of the Contract

2.1 Under a usage contract, faktoora provides the User with a SaaS service in the form of an online platform at faktoora.com. Using the platform, the User can use various functions in the area of invoice and payment management, together with the document management required for this. The exact scope of functions depends on the service package chosen by the User. The functions of the various service packages comprise the creation, sending and management of various accounting documents, integrated dunning, banking, management of debtor data and various analyses.

2.2 The User can access the faktoora service online via up-to-date browser software, which may need to be updated regularly, and a compatible device with (possibly mobile) internet access. Users are themselves responsible for creating the technical prerequisites for accessing the faktoora service and for keeping them up to date and secure. The User's internet access is not part of faktoora's service. faktoora owes only the provision of the software at the router exit of faktoora's data centre.

2.3 Among other things, faktoora offers the sending of documents by email. The User is advised that faktoora is only obliged to send the email. In this respect, faktoora is therefore liable only for sending the email, not for its receipt by the recipient.

2.4 For the term of the contract, faktoora grants the User the non-exclusive, non-transferable right, limited in time to the duration of the usage contract, to load the user interface of the software into the working memory of the devices used for this purpose in accordance with the contract for display on the screen, and to make the copies of the user interface arising in the process. Because the software is designed as cloud software, the User is not granted any further rights of use under copyright law in the software.

03 · Registration for Use of the Platform

3.1 Only entrepreneurs acting in the course of their business activity are entitled to use the platform. Use of the services of the virtual platform faktoora requires registration, stating an email address and type of company and setting a password.

3.2 Registration is free of charge. Registration takes place only if the User has first confirmed the inclusion of these Terms and Conditions and has taken note of the privacy policy. There is no entitlement to registration. Upon registration, a contractual usage relationship arises between the User and faktoora.

3.3 The access password can be changed by the User at any time and must be kept secret in all cases. After registration, each User receives a user account. In order to be able to use the services of the platform accordingly, the User must provide the following data: VAT number or tax number, company name, address, telephone, bank details and, where applicable, industry, commercial register number and registry court. The User is obliged to provide this information truthfully. The correctness of the information lies solely within the User's responsibility. In particular, compliance with fiscal, legal and tax-law requirements when creating documents is solely the responsibility of the User.

3.4 faktoora is entitled to request evidence of the registration data provided from the User (such as extracts from the commercial register).

3.5 Each User may maintain only one user account with faktoora for the same company. Multiple registrations are not permitted. If the User forgets its access data, it can contact faktoora to have access reset. User accounts are not transferable to other persons. The User may set up access for its employees and agents; otherwise, user accounts may not be used by third parties, e.g. by passing on the password, without faktoora's express permission in text form.

3.6 Serious breaches of the above provisions entitle faktoora to terminate the contractual relationship without notice and to block the user account immediately; in the case of other breaches, this applies only after an unsuccessful warning in text form. Clause 5.2 applies to the deletion of the data.

04 · Further Services of faktoora

4.1 In addition to the free service package, faktoora also provides the User with more comprehensive paid service packages. The User can upgrade its current plan in order to use further functions. Under the higher-tier plans, faktoora offers the User further services. The exact scope of services can be found in the respective service description.

4.2 Individual services on the platform are not provided directly by faktoora but by third-party providers, namely: Payments for faktoora's services are processed by the payment service provider Stripe (https://www.stripe.com), a supervised payment or e-money institution. Account information is retrieved and payments are initiated from the platform via BANKSapi Technology GmbH, a payment institution authorised by the German Federal Financial Supervisory Authority (BaFin), which provides these services to the User under its own responsibility and on its own terms. Insofar as additional costs arise for this, this is indicated accordingly. Supplementary or special contractual terms may apply to individual functions, services or areas of faktoora. The User will likewise be informed of these before execution. The User can declare its consent to such supplementary terms by activating a declaration of consent before first execution. Without full consent to such supplementary terms, use of the functions, services or areas concerned is not permitted.

05 · Term / Termination

5.1 The usage contract between faktoora and the User is concluded for an indefinite period and may be terminated by either party with ordinary notice of one month; in the case of annual billing, the termination takes effect at the end of the current billing year (clause 6.2). To be effective, the notice of termination must reach the other party in text form (e.g. email, fax or letter).

5.2 After the end of the usage contract, the User can retrieve its data for 30 days (retrieval period). All data that the User has entered into or generated on the platform can be exported, namely company and user master data, contacts, outgoing and incoming invoices including attachments and original files, other business documents (quotes, order confirmations, dunning letters, letters), products, bank transactions, payment and accounting data, transmission records (Peppol, VeriFactu, KSeF, French e-invoicing) and transmission logs to connected accounting systems as well as, on request, activity, audit and API logs; the export is made via the export function as CSV and PDF, for individual data areas also as XLSX, and, on request, as JSON, with original files and generated e-invoices in their original format. faktoora does not owe any further or individually adapted formats or exports. Excluded are only security, system and error logs relating to faktoora's internal operations, insofar as their disclosure would jeopardise faktoora's trade secrets or security. faktoora describes the export formats, data structures, procedures and known technical limitations at faktoora.com/trust/data-handling. If the User switches to another provider or to its own infrastructure (Art. 23 et seq. Regulation (EU) 2023/2854, Data Act), faktoora supports the User by providing its data in the formats stated above; the switch can be initiated with a notice period of at most two months, and the transition period is at most 30 days; in the event of a switch, the retrieval period begins when the transition period ends. During the transition period, faktoora continues to provide the services for the agreed remuneration, supports the switch to a reasonable extent, informs the User of known risks to the continuity of the service and provides the information relevant to the switch. The User may extend the transition period once by a reasonable period. If the switch is technically not feasible within the transition period, faktoora notifies the User of this, stating its reasons, within 14 working days of the switching request and specifies a transition period of at most seven months. Upon successful completion of the switch, the contract ends; faktoora confirms this in text form. Instead of a switch, the User may request the deletion of its data. faktoora consents to the transfer of a Peppol participant identifier to another access point and releases the registration upon request; the transfer is initiated by the User or its new provider, and faktoora owes no further cooperation. faktoora does not charge any fees for data export, switching or its consent to the transfer of the Peppol participant identifier. After the retrieval period has expired, faktoora deletes the User's data; backup copies are overwritten in the regular backup cycle of up to 12 months. The retention of its records under commercial and tax law is the responsibility of the User (clause 7.2). After the end of the contract, faktoora retains only its own records that faktoora itself is legally obliged to retain, such as its own invoices to the User. For personal data processed on behalf of the User, clause 12 of the data processing agreement applies in addition. This clause applies accordingly if faktoora discontinues its business operations.

5.3 faktoora reserves the right to terminate the usage relationship with immediate effect and to block it if there is good cause, in particular in the event of breaches of these T&Cs and other contractual obligations, or in the event of disruption or misuse of this virtual platform for which the User is responsible. The data will then be deleted once the retrieval period under clause 5.2 has expired; within this period, the User is given the opportunity to back up its data. In this case, renewed sign-up / registration is possible no earlier than after 2 years. Whether registration takes place upon a renewed sign-up after the above period is at faktoora's discretion and depends on the duration and severity of past misconduct. There is no legal entitlement to registration after the period has expired.

06 · Remuneration

6.1 The remuneration depends on the relevant service package or the individual services used in accordance with the current price list. Prices are exclusive of statutory VAT.

6.2 The remuneration is invoiced monthly or annually in advance. Payment is made by debiting the credit card specified by the User immediately after invoicing or by direct debit. In the case of annual billing, remuneration already paid is not refunded pro rata. This does not apply if the User terminates without observing a notice period under clause 8.9 or clause 8.10, if faktoora terminates under clause 8.10, if the contract ends after a switch of provider under clause 5.2, or if the User terminates for good cause for which faktoora is responsible; in these cases, faktoora refunds pro rata the remuneration attributable to the period after the end of the contract.

07 · Special Obligations of the User

7.1 The User must set a password for access to its user account. The user account may only be used by the User and the employees and agents authorised by the User. The User must not pass on the access data to third parties without faktoora's express consent in text form and must ensure that third parties do not gain unauthorised access to its user account either through insecure passwords (fewer than 8 characters and without numbers and special characters) or through insecure storage of the access data. The User is itself responsible for all activities connected with its user account. The User is also responsible for updating its contract data in its user account insofar as these change during the course of the contractual relationship.

7.2 The User is obliged to back up the documents it has stored on the platform at reasonable intervals on a server or device operated by it. The User itself bears the retention obligations under tax and commercial law, e.g. under §§ 238, 257 HGB (German Commercial Code) and § 147 AO (German Fiscal Code), also beyond the end of the contract; faktoora is not obliged to retain the User's data after the retrieval period (clause 5.2) has expired.

7.3 The User is itself responsible for complying with tax-law and legal requirements when creating the documents. faktoora expressly provides no advice in this respect.

7.4 The User is obliged to update any change to its data on the platform accordingly without undue delay.

7.5 The User is obliged to comply with the German Anti-Money Laundering Act (GwG) when using the platform, insofar as it applies to the User. This includes in particular the obligation to comply with the due diligence obligations set out therein and the obligations to identify contractual partners. Upon request, the User shall provide faktoora with all information and documents necessary for compliance with the requirements of the GwG.

7.6 When using the platform, the User must comply with applicable law and may, within the scope of faktoora's service, only make publicly accessible such information and content that does not infringe the rights of third parties; this includes in particular content that violates criminal law provisions, competition law or the rights of third parties (e.g. trade marks, copyrights, industrial property rights or personality rights); if a User becomes aware of such content, it is obliged to inform faktoora of this without undue delay.

7.7 It is prohibited to use mechanisms, software or other scripts in connection with the use of faktoora that impair the functionality or availability of the virtual portal, or to modify, delete or overwrite content created and managed by faktoora.

08 · Special Rights of faktoora

8.1 faktoora is entitled to change the software as such and the services linked to it, in particular also in the course of technical progress, and to develop them further; clause 8.9 applies to functions. faktoora informs the User of material changes with reasonable advance notice and in an appropriate manner. The general rules on termination apply where relevant.

8.2 In the event of misuse of faktoora's services by the User, and after faktoora has warned the User to cease this conduct, faktoora reserves the right to deactivate the user account concerned after giving notice, or to block it after ordinary or extraordinary termination; clause 5.2 applies to deletion.

8.3 In free service packages, faktoora is entitled to display advertising on the pages of the platform. faktoora reserves the right to change the appearance and structure of the platform, its sub-pages and other such offerings at any time without the User's consent; clauses 8.1 and 8.9 apply to changes to functions.

8.4 For the purposes of performing the contract, the User grants faktoora the right to reproduce the data to be stored by faktoora for the User, insofar as this is necessary to provide the services owed under this contract. faktoora is also entitled to keep the data in a failover system or a separate failover data centre. To remedy faults, faktoora is further entitled to make changes to the structure of the data or the data format.

8.5 faktoora regularly backs up the User's data on the server for which faktoora is responsible to an external backup server. The User can save this data at any time for backup purposes and is obliged to do so in accordance with clause 7.2.

8.6 faktoora does not acquire any further rights of use or exploitation and in particular will not publish the content uploaded by Users to the software or make it accessible to third parties, insofar as this is not necessary for the purpose of the contract.

8.7 After the end of the contract, faktoora returns to the User all documents and data carriers provided by the User and still in faktoora's possession. Clause 5.2 applies to the stored data.

8.8 faktoora is entitled to block use of or access to the software temporarily or permanently if there are concrete indications that the User is violating the contractual terms or applicable law. The User's legitimate interests are appropriately taken into account when deciding on a block.

8.9 faktoora is entitled to add, change, replace or discontinue functions of the software at any time, in particular to develop the service further or for technical, legal or economic reasons. The core services are retained for the term of the contract, in particular creating, sending and managing invoices within the selected service package and the data export under clause 5.2. If an essential function shown in the service description of the booked paid service package is discontinued without replacement, faktoora informs the User with reasonable advance notice; the User may then terminate the contract without observing a notice period with effect from the discontinuation of the function.

8.10 faktoora is entitled to amend these T&Cs with effect for the future insofar as this is necessary due to changed legal requirements, case law or technical developments and the balance between performance and consideration is not materially altered to the User's detriment. Amendments to the main performance obligations and to the prices require the User's express consent. Other amendments are deemed approved by the User and take effect for ongoing contracts if faktoora notifies the User of the amendments in text form and the User does not object to these amendments within four weeks of receipt of the notification. The User will be specifically reminded of this consequence again in the notification. Until the amendment takes effect, the User may terminate the contract without observing a notice period. If the User objects, faktoora is entitled to terminate the contract with one month's notice, at the earliest as of the date on which the amendment takes effect; faktoora refunds pro rata any remuneration paid in advance for the period after the end of the contract. Until the end of the contract, the previous version continues to apply; the right to ordinary termination remains unaffected. Amendments always apply for the future.

8.11 Support and error-analysis access (account-bound access / impersonation)

faktoora is entitled, for the purpose of error analysis, troubleshooting, ensuring proper operation and handling support requests, to access the user account and to open the software in the view of the User concerned (so-called impersonation / account-bound support access), without a separate approval being required in each individual case.

Access takes place exclusively for the aforementioned purposes, is limited to the necessary extent (principle of necessity and data minimisation) and is carried out only by personnel who are authorised for this purpose and committed to confidentiality and data protection. Every such access is logged.

Insofar as personal data for which the User is the controller are processed in the process, this takes place exclusively within the scope of processing on behalf of a controller in accordance with the data processing agreement (DPA) concluded between the parties. The User issues the instruction required in this respect by concluding the DPA. The User remains responsible for informing the data subjects for whom it is responsible (e.g. its own employees and customers) about this support access in accordance with data protection law.

09 · Liability

9.1 faktoora is liable in accordance with the statutory provisions for damage suffered by the contractual partner that has been caused by intentional or grossly negligent conduct of faktoora or its vicarious agents. The same applies to personal injury (life, body, health) and to damage under the German Product Liability Act (Produkthaftungsgesetz).

9.2 Otherwise, faktoora's liability for claims for damages – on whatever legal grounds – is limited in accordance with the following provisions, unless otherwise stated in a guarantee given by faktoora:

a) faktoora is liable for damage caused by slight negligence only insofar as it is based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner was entitled to rely. Insofar as faktoora is liable for simple negligence under this provision, faktoora's liability is limited to the typically foreseeable damage.

b) faktoora's liability for the loss of data and/or programs caused by slight negligence is limited to the typical recovery effort that would have been incurred had the contractual partner backed up data regularly and in a manner appropriate to the circumstances.

9.3 The provisions of the preceding paragraph also apply accordingly to a limitation of the obligation to compensate for wasted expenditure (§ 284 BGB, German Civil Code).

9.4 The above limitations of liability also apply in favour of faktoora's vicarious agents.

9.5 faktoora's no-fault liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.

10 · User Data and Indemnification against Third-Party Claims

10.1 The User is itself responsible for the content that it uploads to the platform. faktoora does not take note of its Users' content and as a matter of principle does not check the content used with the software.

10.2 The User undertakes towards faktoora not to upload any content or data that is punishable or otherwise unlawful, either absolutely or in relation to individual third parties, and not to use any programs containing viruses or other malware in connection with the software. In particular, the User undertakes not to use the software to offer unlawful services or goods.

10.3 In this context, the User undertakes to indemnify faktoora against any liability and any costs, including possible and actual costs of legal proceedings, if the provider is held liable by third parties, including by the User's employees personally, as a result of acts or omissions of the User, insofar as the User is responsible for them. faktoora will inform the User of the claim and, insofar as legally possible, give it the opportunity to defend against the claim asserted. At the same time, the User will inform faktoora without undue delay and in full of all information available to it about the facts that are the subject of the claim.

10.4 The User indemnifies faktoora against all claims asserted against faktoora by other Users or other third parties on account of the infringement of their rights by acts of the User or by content or information transmitted by the User, insofar as the User is responsible for the infringement.

10.5 Any further claims for damages by faktoora remain unaffected.

11 · Availability

11.1 The availability of the website depends on the various technical equipment of the Users. In order to be able to use the website to its full extent and access faktoora, suitable technical aids (PC, tablet, mobile phone and, crucially, internet access) are required.

11.2 For technical reasons, uninterrupted availability of the digital content cannot be guaranteed. Availability may be impaired, for example, by regularly required maintenance and security work, but also by unforeseen events beyond faktoora's control. Planned work that leads to impaired availability is carried out by faktoora, where possible, at times of low usage. The display quality of the digital content may also vary from device to device and may depend on the speed of the User's internet connection and other factors. In this respect, faktoora cannot be held liable for deviations. For Users of the Enterprise plan and the existing customers named in section 01 of the SLA, the Service Level Agreement (SLA) applies in addition; in the event of conflicts, the SLA takes precedence.

11.3 The User is obliged to report functional failures, faults or impairments of the software to the provider without undue delay and as precisely as possible. If the User fails to cooperate in this way, § 536c BGB applies accordingly.

12 · Place of Jurisdiction, Applicable Law

12.1 If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Neu-Ulm.

12.2 German law applies exclusively.

13 · Text Form, Severability Clause, Final Provisions

All declarations made in connection with the usage relationship between faktoora and the Users must be made in text form. Should any provision of these T&Cs be invalid, the remaining provisions shall not be affected. Clause 8.10 applies to amendments of these T&Cs; amendments are also published on the website.

---

This version applies from 01.12.2026. For Users whose contract was concluded before that date, it applies in accordance with the amendment provision of the previous T&Cs from 01.12.2026, but no earlier than four weeks after receipt of the notification of amendment, unless the User objects within this period; until then, the previous version applies.

---

faktoora GmbH · Terms and Conditions · valid from 01.12.2026