PreambleTaxes should be understandable to everyone! That’s why we at Taxfix developed our web and mobile based app (collectively, “Apps” and each, an “App“) – to help people do just that. The App allows users to understand, fill out and submit their tax returns in an easy, quick and user-friendly manner.
The following terms and conditions (these “Terms“) govern your access or use of the Apps, and any content, products and services made available by Taxfix GmbH, Köpenicker Str. 122, 10179 Berlin, Germany (“Taxfix“, “we“, “us“, “our“) via either of the Apps or any websites and applications operated by third party cooperation partners (collectively, the “Services“) following your acceptance of these Terms.
Please read these Terms carefully. By accepting these Terms, you agree to be bound hereby. If you do not wish to accept these Terms, you should cease downloading, installing or using the Apps and our Services and/or uninstall the Apps immediately.
Supplemental terms may apply to certain additional services, such as policies for a particular event, activity or campaign, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms.
§ 1 – Scope of Services
- The Services comprise web and mobile applications and related services, which enable users to prepare, file and submit their tax declarations through the App, as well as to make use of further offers in financial matters and with regard to their tax returns.
- Using the App, each user inputs certain relevant data needed to prepare his/her tax return for submission to the tax authorities. The user is asked to answer certain predetermined questions and to provide certain information including with respect to: title, name, marital status, employment, address, religious affiliation, occupation, employer, annual wage tax statement or most recent payroll slip, second household, responsible tax office, tax identification number, education and vocational training, expenses for work equipment, job applications, professional associations, income from capital assets (if a bank statement is available), income from any sale of commodities (excluding income from pension schemes), insurance schemes, health expenses, surviving dependency, disabilities, nursed persons, personal information of children living in the same household, parents or other persons, donations, church tax, household expenses, expenses from pension schemes, permanent expenses, alimony paid to third parties and loss carryforward, as applicable. The App uses the data that is inputted by the user to calculate the user’s tax burden and refund amount (if any).
- Following calculation of a user’s tax burden and refund amount, the user may elect to conclude a Service Agreement (as defined and further described in § 2 below) with us and thereby use our Services to generate his/her tax declaration for submission via ELSTER, the digital portal used by the German tax authorities. Please note that the preparation of the tax declaration takes place outside the App but uses the data collected in-app by the user. Where a user clicks “Submit to the tax office” in the App, such user authorizes, empowers and instructs Taxfix to submit his/her income tax declaration to the tax authorities via ELSTER.
- After a user concludes a Service Agreement in accordance with § 2 below by electing to submit his/her tax declaration to the tax authorities through the App, we will verify the identity of the user and his/her entered data, in compliance with our legal obligations and for the user’s own safety. To do this, we use an electronic identification system that allows each user to verify his/her identity by submitting a scan of one or more of the following: annual wage tax statement, registration confirmation, wage statement, German identity card or other government identification reflecting your current address. In addition, a user will be notified of any input errors that are detected in his/her user data for correction. We will notify you if we require, and you agree to provide if required, further documentation to verify your identity or to submit your tax declaration.
- Following finalization and submission of a user’s tax declaration, a copy of the submitted tax declaration is made available to the user for download in the App. We will send an email to the user confirming such submission.
- Please note that the App calculates a user’s tax burden based on the input of the user and current tax legislation. This allows the App to work out an expected refund or additionally owed tax amount, which, for the sake of clarity, is a non-binding calculation. This value may deviate from the actual refund or additionally owed tax amount, as these values are ultimately determined by the responsible tax office. Our Apps are programmed to calculate these values as accurately as possible. However, we do not warrant or make any representation or guarantee that the tax charge, refund or additional charge calculated by the App is accurate. Should there be any deviation from the final assessment of the tax authorities, we encourage our users to reach out to us at [email protected] and let us know, so that we can improve our Services.
- Notwithstanding anything stated in these Terms, please note that none of the Services include or constitute, nor does Taxfix claim to offer, tax advisory or consulting services. The App is programmed and intended to function fully automated without human interference, provided, that the App offers users the ability and flexibility of manual correction of user input errors prior to final submission of the tax declaration to the tax authorities. Thus, the Services do not constitute services requiring authorization pursuant to the German Tax Consultancy Act (StBerG) or Legal Services Act (RDG). If you have any specific tax or legal questions, we recommend that you seek advice from a tax or legal advisor.
- Use of the App and other Services may be available through a mobile device and additional charges or fees may apply. Each user is solely responsible for any such additional charges or fees and for the terms of any separate agreement with his/her mobile device and service provider.
§ 2 – Formation of Service Agreement
- You engage our Services by downloading, accessing or using the App. After you have completed the question flow in the App to calculate either your tax refund or owed amount, you can elect to have Taxfix submit your tax declaration to the tax authorities on your behalf. You will be asked to enter your bank information (“Bank Details“) in order for the tax office to wire you your refund amount or to collect any owed amount, as applicable.
- For the submission of your tax declaration, we charge a one-time submission fee (the “Fee”) including statutory VAT. By clicking on “Pay now”, you (i) accept our offer to conclude a contract of service (a “Service Agreement”) pertaining to the submission of your tax declaration in accordance with these Terms and (ii) authorize us to initiate a direct debit in the amount of the Fee displayed using the Bank Details provided by you.
- Your Service Agreement is with Taxfix.
- Your contract with us regarding your use and your access to the Apps in accordance with these Terms otherwise comes into effect upon your confirmation of these Terms.
- Your contract with us is stored by us and you can access these Terms within the App. These Terms are available in English and German.
§ 3 – Third-Party Services
- We assume no responsibility or liability for the actions, products, and content of all or any of these third parties or the quality, safety, or legality of the services offered by third parties. The provisions of § 6 remain unaffected.
- In part, the offers of third-party providers are based on your data collected via the Taxfix app. If you take advantage of an offer of a third-party provider, you give us the order to transfer your data to the third-party provider. You will be informed accordingly.
§ 4 – Intellectual Property
- All content (including logos, pictures, videos, graphics and text) related to the Services and published via the App is in particular protected as trademarks or protected by copyright and, as between you and Taxfix, is the sole property of Taxfix. You may not imitate, modify, use, reproduce, distribute, alter or otherwise use such content, whether for private or commercial purposes, without the prior written consent of Taxfix. Statutory provisions remain unaffected.
- Subject to your compliance with these Terms and any applicable payment obligations, Taxfix grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access and use the App on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case, solely for personal and non-commercial use. This license grant applies to all updates, upgrades and new versions of the App. Taxfix reserves the right to change any information in the App, including, but not limited to, revising and/or deleting features or other information without prior notice. All rights, title and interest not expressly granted herein are reserved by us and our licensors.
- You may not and agree not to modify, alter, adapt, reproduce, distribute, sub-license, reverse-engineer, disassemble, create derivative works from, decompile, alter the source code of, or otherwise exploit the App unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided in the App or make any use of the App for the benefit of another business unless explicitly permitted by us in writing in advance. Taxfix reserves the right to refuse service or terminate accounts at its discretion if we believe that a user’s conduct violates applicable law, these Terms or is harmful to our interests.
- We do not claim ownership of the content that you provide, upload, submit or send to us (“User Content“). You declare that you are the copyright owner of, or owner of the rights of use of, all User Content made available to us. When you provide User Content to us using our Services, you grant us (and the parties we work with), a non-exclusive, irrevocable, royalty-free, transferable and worldwide license to use such User Content and associated intellectual property and publicity rights to help us render, improve and promote the Services and develop new ones. Further, you declare that inasmuch as any User Content includes portrayed persons within the meaning of the German Art Copyright Act (KUG) who cannot be regarded as merely incidental to a place, public gathering, parade or similar public event, such persons consent to the disclosure of such User Content to us and use thereof by us. Where any such portrayed persons are deemed to be minors, you declare that the legal guardians of such persons have given their consent to the aforementioned.
§ 5 – Data Privacy
You can view our Privacy Statement here.
§ 6 – Your Duties and Obligations
- You agree that any information you provide to us will be true, accurate, current and complete, and you agree to promptly transmit all files and data in connection with your tax declaration and the Services as requested.
- You agree to assist us in performing our contractual duties and undertake to provide us with any supplementary information if requested.
- You agree to promptly notify us in writing of any changes or updates to your address, telephone and email address.
- You agree not to use any computer code, data mining software, robots, bots, scripts, scrapers or any other similar automated or manual process to gain access to, copy, collect, transmit or monitor any of the web pages, data or content (including any User Content) or other Services found on or accessed through the App. You agree not to employ any such processes to test or monitor the Services’ vulnerability, or for any other purpose. You further agree not to violate any authentication mechanisms or other applications necessary for the functionality of the App. You may not introduce viruses, spyware or any other malicious code, software or mechanism that may compromise the functionality of the App.
- You agree not to manipulate or make use of our corporate identify, whether by means of logos, headers, emails or otherwise, to conceal or in any way alter the origin or content of messages sent in connection with the Services.
- You agree not to violate any law, statute, ordinance or regulation in connection with your use of the App and our Services.
- You agree to cooperate in any necessary authentication measures and to provide confirmation of your identity or any information you provide to us.
- You agree not to act in any matter that is defamatory, threatening or harassing to our employees, agents and representatives.
§ 7 – Liability and Warranty
- Taxfix shall be liable without limitation (i) in case of intent or gross negligence, (ii) for injury to life, limb or health, (iii) in accordance with the provisions of the German Product Liability Act and (iv) to the extent of a guarantee assumed by Taxfix.
- In the event of damage to property or financial loss caused by Taxfix due to slight negligence, Taxfix shall only be liable for damages arising from violation of essential contractual obligations, and to the extent, such damages were foreseeable at the time of conclusion and typical for the contract. Essential contractual obligations are those obligations, whose fulfilment enables the proper execution of the contract itself and on which the user may regularly rely.
- As far as Taxfix provides services without payment, Taxfix is only liable according to sub-paragraph 1; sub-paragraph 2 does not apply.
- All further liability of Taxfix is excluded.
- The parties agree that the foreseeable and contract-typical damage in the sense of the above § 6.2 is at most the contract value of one year.
- The aforementioned limitations of liability also apply to the personal liability of Taxfix’s employees, representatives, organs and vicarious agents.
- You agree to indemnify and hold Taxfix, its organs, employees and their respective assigns harmless from and against all losses, liabilities, claims and damages of every kind, as incurred, arising out of or in connection with (i) any culpable violation by you of these Terms or any statutory obligations in connection herewith or (ii) your culpable violation of the rights of third parties. Taxfix shall promptly notify you in writing in the event of such a claim.
§ 8 – Right of Withdrawal of the Service Agreement
- As a “consumer” within the meaning of § 13 of the German Civil Code (BGB) (meaning every natural person who enters into a legal transaction for any purpose that is predominantly outside his/her trade, business or profession), you have a right of withdrawal in accordance with the following provisions.
- The right of withdrawal expires according to § 356 Abs. 4 BGB also if Taxfix has completely rendered the service and has only started with the execution of the service after you have given your explicit consent and at the same time confirmed your knowledge that you lose your right of withdrawal when Taxfix has completely fulfilled the contract.
Information on Your Right of Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us at:
Köpenicker Str. 122
Telefon: 030 567 956 99
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Köpenicker Str. 122
Email: [email protected]
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) delete if not applicable
§ 9 – Duration and Termination of the Service Agreement
- The Service Agreement concluded between you and Taxfix shall expire upon Taxfix rendering full performance of the service and you paying the respective Fee (as far as a fee is applicable according of § 2 of these Terms).
- We are entitled to terminate your Service Agreement upon written notice to you in the event you negligently violate the duties and obligations specified in § 6. The right of Taxfix and you to terminate for cause remains unaffected.
§ 10 – Duration and termination of these Terms
- Taxfix and you are entitled to terminate these Terms at any time with a notice period of ten business days. Not yet fulfilled Service Agreements are not affected by this.
- All other provisions in these Terms shall apply indefinitely to your use and access of the Apps.
§ 11 – Dispute Resolution
- Pursuant to Regulation (EU) No 524/2013, the European Commission hosts a web-based platform for the resolution of online disputes (available at http://ec.europa.eu/consumers/odr/). Participation in such online dispute resolution is, however, voluntary; we prefer to resolve any problems directly with our users and do not participate in this procedure. In case of a dispute, we ask our users to contact us directly at [email protected].
- Taxfix is not obliged, and does not commit itself, to participate in a dispute settlement procedure before a consumer dispute resolution body (§ 36 of the Consumer Dispute Resolution Act (VSBG)).
- In the event of a dispute between Taxfix and a user who is a consumer, regarding a contract to which these Terms apply, where such dispute is not able to be resolved by the relevant parties, Taxfix will notify the user by email of a consumer dispute resolution body (including their address and website) responsible for the matter and will provide a statement regarding its obligation or readiness to take part in such dispute resolution procedure.
§ 12 – Miscellaneous Provisions
- Taxfix may amend these Terms, any policies or supplemental terms related to the Services (collectively, the “Provisions“) from time to time. Such amended Provisions will then apply to each agreement we conclude with you.
- If we wish to amend any Provisions of an ongoing agreement with you for the future, the following shall apply:
- Subject to subsections (b) and (c) below, we will inform you about the planned changes in the event of any material change to any Provision that detrimentally affects your rights under these Terms, before such change goes into effect. If you do not object within 6 weeks or, if after expiry of this period, you continue to access or use the Services, this shall constitute your consent to be bound by the Provisions, as amended. In our notice to you we will inform you of your right of cancellation, the deadline and the consequences of your silence.
- Subsection (a) shall not apply to amendments to either the subject matter of an agreement or any material obligation which would result in a material change to the contractual structure as a whole. In this case, we can make you an offer to continue a contract with our new provisions.
- We also reserve the right to adapt or modify any Provisions with effect for the future if: (i) the changes or modifications are solely beneficial to users; (ii) the changes or modifications are necessary to comply with applicable law, including but not limited to if the applicable law changes or to comply with a court judgment or order by a public authority; (iii) the changes or modifications have no material effect on the functionality of the Services or are of a purely technical or organizational nature; or (iv) we introduce new Services or performances which require a description in the Provisions, unless this would be detrimental to the ongoing contractual relationship (in the latter case, subsection (b) shall apply).
- These Terms shall be governed exclusively by the laws of the Federal Republic of Germany, excluding application of the United Nations Convention on Contracts for the International Sale of Goods. If the user is a consumer within the European Union and has his/her habitual residence in another country, this clause shall, according to Art 6 para. 2 of the Regulation (EC) Nr. 593/2008, not prevent the application of such mandatory provisions of the law at the consumer’s place of residence which would be applicable without this clause.
- Any terms that apply to a user’s access to and use of the App and any of the other Services that deviate from those provided herein are only valid where expressly agreed to in writing; individual agreements shall remain unaffected.
- A user is only entitled to set off and apply against our claims, such amounts owed by Taxfix arising from counterclaims that are undisputed or have been finally adjudicated by a court of competent jurisdiction.
- Should individual clauses of these Terms be or become invalid in whole or in part, these Terms shall otherwise remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.
[Version 4.0 / February 2022]