General Terms and Conditions

1. Scope

   1. These General Terms and Conditions (GTC) of Jan Wagner Design (hereinafter referred to as the "Provider") apply to all contracts for the provision of cloud-software concluded between an entrepreneur (hereinafter referred to as the "Customer" or "User") and the Provider regarding the software products (hereinafter referred to as the "cloud-software") presented by the Provider in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
   2. These GTC specifically also govern the acquisition and use of the cloud-software offered on the website easy-e-invoice.online (hereinafter referred to as the "Website") for the creation of invoices, which enables users to independently generate invoices.
   3. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Description of Services

   1. Through the website, users can independently create invoices for free in PDF format.
   2. A fee is charged for creating an electronic invoice according to standard EN-16931 (hereinafter referred to as the "E-invoice"). The amount of the fee is displayed before generating the e-invoice and must be paid via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").
   3. There is no entitlement to permanent availability or error-free use of the cloud-software. Maintenance work, technical issues, or external attacks (e.g. hackers, DDoS) may limit availability.

3. Conclusion of Contract

   1. The presentation of the Provider’s software on the website does not constitute a binding offer by the Provider, but rather serves as an invitation for the Customer to submit a binding offer.
   2. The Customer may submit their offer via the website by accepting the validity of these General Terms and Conditions and creating an invoice.
   3. The Provider may accept the Customer’s offer within a maximum of five days by:
      • Sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive, or
      • Making the ordered cloud-software functionality available for use on the website, or
      • Requesting payment from the Customer after the order has been submitted.
      If multiple of the aforementioned alternatives occur, the contract is concluded at the point when the first of these alternatives takes place. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following its submission. If the Provider does not accept the Customer’s offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.

4. Prices and Payment Terms

   1. The use of the software to create invoices in PDF format is free of charge.
   2. A fee is charged for the creation of e-invoices. The amount of the fee is stated on the website and can be viewed before completing the payment process.
   3. Additionally, it is possible to purchase packages containing a certain number of codes that can be used to create e-invoices. By purchasing such a code package, the Customer receives a price advantage compared to individual purchases.
   4. The acquired codes must be securely stored by the Customer. The Provider assumes no liability for the loss or misuse of codes.
   5. Payment is made exclusively via the payment service provider Stripe. The individual payment methods offered through Stripe are communicated to the Customer on the website. Stripe may use additional payment services for processing payments, which may be subject to specific terms and conditions. If applicable, the Customer will be informed separately. Further information about Stripe can be found online at https://stripe.com/de. By selecting a paid service and completing the payment process via Stripe, the User agrees to Stripe’s payment terms.
   6. Unless otherwise stated in the Provider’s product description, the prices listed are total prices that include statutory VAT. Billing is in Euros (EUR), including any applicable VAT.

5. Use of the cloud-software and User Obligations

   1. The user agrees to use the cloud-software only in accordance with applicable laws and not to include any unlawful content in the generated invoices.
   2. It is the user’s responsibility to verify the accuracy of the data entered into the invoices (e.g., invoice amounts, tax information, company details).
   3. The use of the cloud-software is entirely at the user’s own risk. The provider assumes no liability for the accuracy, completeness, legality, or usability of the documents generated by the cloud-software.
   4. The documents generated by the cloud-software do not constitute tax or legal advice. The user is solely responsible for complying with the legal requirements for invoices.
   5. The user is solely responsible for archiving the e-invoices created using the cloud-software in compliance with the GoBD requirements and in an unalterable form for the legally mandated retention period.

6. Usage Rights

   1. The provider grants the user a simple, non-exclusive, perpetual, non-transferable, and non-sublicensable right to use the cloud-software for private and/or commercial purposes. This right is limited solely to the creation of invoices on the website.
   2. The granting of rights becomes effective only after the customer has fully paid the agreed fee.
   3. Any use beyond this, especially copying, distributing, or making the cloud-software publicly accessible, is prohibited.

7. Liability and Warranty

   1. The statutory liability for defects shall apply.
   2. The provider is liable to the customer for all contractual, quasi-contractual, and statutory (including tortious) claims for damages and reimbursement of expenses as follows:
   3. The provider is fully liable on any legal grounds:
      • in cases of intent or gross negligence,
      • in cases of intentional or negligent injury to life, body, or health,
      • based on a guarantee, unless otherwise specified,
      • based on mandatory liability, such as under the Product Liability Act.
   4. If the provider negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the preceding clause. Essential contractual obligations are obligations imposed on the provider by the contract, the fulfillment of which is essential for the proper execution of the contract and on which the customer may regularly rely.
   5. Otherwise, the provider’s liability is excluded. This applies in particular, but not exclusively, to damage to the user’s or third parties’ hardware or software, loss of profit, indirect damages, consequential damages, and incidental damages.
   6. The above liability provisions also apply to the provider’s liability for its vicarious agents and legal representatives.
   7. Furthermore, the provider does not guarantee the technical compatibility of the e-invoices generated by users with all possible invoice recipients and their software systems.

8. Final Provisions

   1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
   2. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship shall be the provider’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the provider’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. However, in all the aforementioned cases, the provider is also entitled to bring an action before the court at the customer’s place of business.
   3. Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.