Terms of Service

(1) These Terms of Service apply to all contracts between Balane GmbH, Balanstraße 84, 81541 Munich, Germany (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the software-as-a-service solution "SimpleProposals".

(2) Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

(1) The Provider provides the Customer with a web-based software solution for creating project proposals (SaaS). The Customer can access the software via the Internet.

(2) The specific scope of services results from the respective service description on the Provider's website and the selected plan.

(3) The Provider endeavors to make the software available with the highest possible uptime but does not guarantee any specific availability level. The software may temporarily be unavailable or available only to a limited extent due to maintenance work, security updates, technical disruptions, failures of third parties (e.g. hosting, payment or infrastructure providers), force majeure, attacks on IT security (e.g. DDoS) or other events beyond the reasonable control of the Provider. The Provider endeavors to schedule planned maintenance outside of regular business hours where possible. The warranty and liability provisions in § 8 remain unaffected.

(1) The presentation of services on the website does not constitute a legally binding offer, but an invitation to submit an offer.

(2) By registering, the Customer submits a binding offer to conclude a usage contract. The contract is concluded when the Provider confirms the registration by email.

(3) The Customer is obligated to provide truthful information during registration and to keep it up to date.

(1) The Provider grants the Customer a simple, non-transferable right to use the software as intended for the duration of the contract.

(2) The Customer may not allow third parties to use the software unless this is expressly provided for in the respective plan.

(3) The Customer is not entitled to copy, decompile, disassemble or otherwise modify the software.

(1) SimpleProposals is a tool for creating and managing proposals, invoices and similar business documents. The Provider supplies solely the technical infrastructure and templates. The content, wording, prices, line items, and any legal, tax, accounting or other professional information are the sole responsibility of the Customer.

(2) The Customer is obliged to review all documents generated with the software for accuracy, completeness, legal admissibility and consistency with their own business records before any use vis-à-vis third parties (e.g. dispatch, printing, forwarding). This applies in particular to mandatory information under § 14 UStG (VAT Act), the German Commercial Code (HGB), the Anti-Money Laundering Act (GwG), and to all individual business data of the Customer and its contractual partners.

(3) Where the software makes use of artificial intelligence (AI) or automated text suggestions, these are non-binding drafts only. They do not constitute legal, tax, accounting or business advice. AI-generated content may be incorrect, incomplete or misleading; review by the Customer prior to any use is mandatory.

(4) Any liability or warranty of the Provider for the substantive accuracy, completeness, legal compliance or economic suitability of the documents generated by the Customer is excluded. § 8 remains unaffected.

(1) The current prices are shown in the price list on the Provider's website. All prices are exclusive of the applicable statutory value-added tax.

(3) In case of payment default, the Provider is entitled to suspend access to the software until the outstanding amounts have been settled.

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

(2) The right to extraordinary termination for good cause remains unaffected. A good cause exists in particular if the Customer violates these Terms of Service.

(1) The Customer remains the owner of all data entered by them. The Provider processes this data exclusively for the provision of the contractually owed services.

(3) Further information on data protection can be found in our Privacy Policy.

(1) The Provider warrants that the software substantially corresponds to the service description. Insignificant deviations do not give rise to warranty claims. No warranty is given for the substantive accuracy, completeness or legal compliance of documents generated by the Customer with the software; § 4a applies in this regard.

(2) The Provider shall be liable without limitation for damages arising from injury to life, body or health, as well as for intent and gross negligence of its legal representatives or vicarious agents. Liability under the German Product Liability Act (Produkthaftungsgesetz), as well as under expressly assumed guarantees and in cases of fraudulent concealment of defects, likewise remains unaffected.

(3) For slight negligence, the Provider shall only be liable in the event of a breach of material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion, and in any event to the net fees paid by the Customer to the Provider during the twelve (12) months preceding the event giving rise to the damage.

(4) Any further liability of the Provider is excluded. In particular, the Provider shall not be liable for lost profits, loss of use, indirect damages, consequential damages, business interruption or third-party claims against the Customer, unless paragraph 2 applies.

(5) The Customer is obliged to back up business-critical data regularly outside the software (export, backup). The Provider's liability for data loss is limited to the restoration effort that would have been required had the Customer performed proper, regular data backups; paragraph 3 otherwise applies.

(1) The Provider reserves the right to change these Terms of Service with effect for the future. The Provider will inform the Customer of changes by email at least 30 days before the planned effective date.

(2) If the Customer does not object within 30 days of receiving the notification, the amended Terms of Service shall be deemed approved. The Provider will point out this legal consequence in the notification.

If you are a consumer (i.e., a natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed professional activities), you have a right of withdrawal:

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich.

(3) Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions shall remain unaffected.