The following terms and conditions (the "Terms") govern your access and use of the Apps, and any content, products and services made available by Taxfix SE, Köpenicker Str. 122, 10179 Berlin, Germany ("Taxfix", "we", "us", "our") via (i) either of the Apps or (ii) any websites and applications operated by third party cooperation partners (collectively, the "Services") to the customer of Taxfix (the “Customer”, “you”, “your”). These Terms are available in English and German.
By using our App, you agree to be bound by these Terms Supplemental terms may apply to additional services, such as policies for an event, activity or campaign (the “Special Terms”). Any Special Terms will be disclosed to you in connection with the applicable additional services. Special Terms are in addition to, and shall be deemed a part of, these Terms.
1. Scope of Services
1.1. The Services of Taxfix comprise web and mobile applications (the “App“) and related services, which enable the Customer to prepare, file and submit their tax returns through the App, as well as to make use of further offers in financial matters and with regard to their tax returns.
1.2. For the calculation of a Customer‘s tax burden and any refund amount, the Customer may enter into a Service Agreement with Taxfix in accordance with Section 3 of these Terms and thereby prepare his/her tax return for submission via ELSTER, the digital portal used by the German tax authorities (“ELSTER”) using the Taxfix App (the “Service Agreement”). The preparation of the tax return takes place outside the App and only using the data provided by the Customer in the App. In the App, each Customer must provide certain relevant data and information necessary to prepare his/her tax return. Using this data, Taxfix will provide the Customer with a completed tax return via the App when the Customer clicks on "Pay now" in the App.
1.3. Taxfix also offers the Customer the option of authorizing Taxfix to submit the tax return to the tax authorities via ELSTER.
1.4. The App determines the Customer's tax burden based on the Customer's input and the current tax legislation. For the avoidance of doubt, Taxfix points out that an expected refund or a potential additional tax amount owed is only a non- binding calculation, but Taxfix does not provide any guarantee. The actual tax burden of the Customer is determined exclusively by the competent tax authority.
1.5. Notwithstanding the provisions in these Terms, none of Taxfix's services include or constitute services subject to authorization under the German Tax Consultancy Act (Steuerberatungsgesetz - StBerG) or the Legal Services Act (Rechtsdienstleistungsgesetz - RDG), nor does Taxfix claim to offer such services. The App is programmed in such a way that the calculation of the tax burden works fully automatically, with the proviso that the Customer has the option of correcting input errors manually before the Customer authorizes Taxfix to submit the tax return to the tax authorities.
1.6. Provided that a Service Agreement is concluded, Taxfix will verify the identity of the Customer and his/her entered data, in compliance with the legal obligations. For this purpose, Taxfix uses an electronic identification system that enables each Customer to verify his/her identity by submitting a scan of a German identity card or other government identification documents reflecting the address. In addition, a Customer may be subject to further statutory notification and cooperation obligations.
2. Rights of use to the App
2.1. If these Terms are concluded between the Customer and Taxfix, Taxfix will create a customer account for the Customer immediately after the conclusion of the contract. The Customer is obliged to protect his/her user name and password from unauthorized access by third parties and to take appropriate measures in this respect.
2.2. Taxfix grants the Customer a free, non-exclusive, non-sublicensable, revocable and non-transferable right to use the App for personal use for the duration of the period of use (the "Right of Use"). The Customer is obliged not to use the App for purposes other than those agreed in the Terms and/or to misuse it. The Customer undertakes to refrain from any manipulation of the App.
2.3. The Right of Use applies to all updates, upgrades and new versions of the App. Taxfix reserves the right, without prior notice, to change any information in the App, including, but not limited to, revising and/or deleting features or other information. All rights, title and interest not expressly granted herein are reserved by Taxfix and/or Taxfix licensors.
2.4. The Customer may not modify, alter, adapt, reproduce, distribute, sublicense, reverse engineer, disassemble, create derivative works from, decompile or otherwise exploit the source code of the App. The Customer may not use any of the information provided in the App commercially or use the App for the benefit of another company. Taxfix reserves the right, in its sole discretion, to refuse service or terminate customer accounts if the Customer's conduct violates applicable law, these Terms or Taxfix's interests.
3. Service Agreement
3.1. By clicking on "Pay now" or "Pay later" in the App, a Service Agreement is concluded between the Customer and Taxfix for the complete calculation of the Customer's tax burden and any refund amount as well as the provision of a completed tax return based on the Customer's entries.
3.2. The Customer owes Taxfix a one-off fee including the statutory VAT, which is displayed in the App (the “Taxfix Fee”). If available, the Customer will be given
the choice between a Taxfix Fee due immediately ("Pay Now") and a Taxfix Fee due later ("Pay Later").
3.3. In the case of the “Pay Later” option, the Taxfix Fee displayed in the App generally consists of either (i) a fixed amount or (ii) a fixed amount plus a percentage of the Customer’s waived tax refund, depending on the Customer’s calculated, expected tax burden, with the proviso that the fixed amount displayed in the App is due immediately no later than 150 days after conclusion of the Service Agreement.
3.4. The Taxfix Fee, the method of calculationand the applicable payment terms, such as due date and payment modalities, are displayed to the Customer in the App before the Service Agreement is concluded.
3.5. The Customer authorizes Taxfix to redeem a direct debit in the amount of the Taxfix Fee specified in the App using the bank details provided by the Customer.
4. Use of the Expert Service
4.1. Taxfix offers Customers the possibility to access offers from independent third- party providers via the App. These third-party providers are persons authorized to provide assistance in tax matters (the "Tax Advisors"). Any mandate agreement is concluded exclusively between the Tax Advisor and the Customer and includes the agreement of a remuneration (the "Honorarium").
4.2. With the App, Taxfix provides the platform through which the Customer can conclude a contract with the Tax Advisor and contact him/her (the "Platform"). Taxfix also fulfills the claim for payment of the Tax Advisor’s Honorarium against the Customer and indemnifies the Customer from the Tax Advisor’s claim (collectively, the "Expert-Service").
4.3. By clicking on "Confirm booking", the Customer and Taxfix conclude a further agreement for the use of the Expert Service subject to these Terms (the "Platform Agreement").
4.4. The Customer shall owe Taxfix a fee for the use of the Expert Service (the "Expert Service Fee"). The Expert Service Fee is generally calculated according to the amount of the Customer's tax refund but is at least the minimum fee displayed in the App (the "Minimum Fee"). The Expert Service Fee covers the fulfilment of the Tax Advisor's claim for Honorarium against the Customer.
4.5. If the Customer authorizes Taxfix to submit his/her tax return to the tax authorities, the amount of the Expert Service Fee shall be based on the percentage of the tax refund received, including statutory VAT, for the tax years selected by the Customer (the "% Fee") as displayed in the App. The % Fee is due as soon as the tax authority has issued the Customer’s tax assessment notice, but no later than 150 days after the conclusion of the Platform Agreement, the Minimum Fee is due immediately, whichever occurs first.
4.6. If the Customer does not authorize Taxfix to submit his/her tax return to the tax authorities, the amount of the Expert Service Fee shall be based on the percentage of the calculated, expected tax refund including statutory VAT for the tax year selected by the Customer (the "Alternative % Fee"). The Alternative % Fee is due three weeks after the completed tax return has been made available in the App.
4.7. Insofar as the % Fee or the Alternative % Fee does not exceed the Minimum Fee, the Minimum Fee is due.
4.8. The Customer authorizes Taxfix to redeem a direct debit in the amount of the Expert Service Fee specified in the App in the amount of the % Fee, the Alternative % Fee or the Minimum Fee using the bank details provided by the Customer.
5. Services from other Third-Party Providers
5.1. Taxfix allows other selected third-party providers to offer certain products and services through the App (the “Third-Party Providers”). If Customers make of use such a Third-Party Provider offer, the corresponding contract is concluded exclusively between the Customer and the Third-Party Provider. The Third- Party Provider is responsible for the performance of the service. Taxfix assumes no responsibility or liability for the actions, products, and content of all or any of these Third-Party Providers or the quality, safety, or legality of the services offered by Third-Party Providers. The provisions of section 6 of these Terms remain unaffected.
5.2. Insofar as the offers of Third-Party Providers are based on data collected from the Customer via the App and the Customer takes advantage of an offer of a Third-Party Provider, the Customer instructs Taxfix to transfer his/her data to the Third-Party Provider. The Customer will be informed accordingly.
6. Pre-Filled Tax Return with activation code (Freischaltcode)
6.1. Taxfix offers Customers the opportunity, free of charge, to retrieve the Customer’s personal data deposited with the competent tax authority for the preparation of a tax return (the “Pre-Filled Tax Return”).
6.2. The Pre-Filled Tax Return is only possible if the service is available in the App. In particular, this means that it may not be possible to retrieve individual tax years.
6.3. For the Pre-Filled Tax Return, the Customer must authorize Taxfix to retrieve the data (the “Power of Attorney”). The Power of Attorney is valid for an unlimited period of time and can be revoked at any time without any formal requirements. For the Power of Attorney, the Customer must provide his/her personal data in the App, in particular name, date of birth and tax identification number. The Customer should then receive an activation code (Freischaltcode) from the competent tax authority by post within 10 to 14 days.
6.4. The Customer must enter the activation code (Freischaltcode) in the App within 90 days. If and insofar as the activation is complete and successful, Taxfix will also provide the Pre-Filled Tax Return
6.5. In the following year, Taxfix automatically retrieves the Customer's personal data deposited with the competent tax authority in order to simplify the preparation of a tax return for the Customer as part of the Pre-Filled Tax Return.
6.6. Taxfix assumes no liability or warranty for the availability and accuracy of the Pre-filled Tax Return. Taxfix assumes that the data provided by the tax authority is correct. Therefore, it is necessary that the Customer carefully checks the data of the Pre-Filled Tax Return available in the App before the Customer authorizes Taxfix to file the tax return.
7. Digital Pre-Fill with law firm
7.1. In cooperation with an external professional (the "Law Firm"), Taxfix offers Customers the opportunity to receive relevant data for a tax return digitally in the App (“Digital Pre-Fill”).
7.2. Digital Pre-Fill is only possible if the service is offered in the App. In particular, this means that it may not (yet) be possible to retrieve data for individual tax years.
7.3. For Digital Pre-Fill, the Customer authorizes the Law Firm to retrieve the Customer’s personal data available held by the competent tax authority via the App (the “Power of Attorney of the Law Firm”). The General Terms and Conditions of the Law Firm apply to the Power of Attorney of the Law Firm. The Power of Attorney of the Law Firm also includes the forwarding of data from the Law Firm to Taxfix. The Power of Attorney of the Law Firm is valid for an unlimited period of time and can be revoked at any time without any formal requirements. The Law Firm reserves the right to delete the Power of Attorney of the Law Firm if the Customer no longer uses Digital Pre-Fill in the App.
7.4. Taxfix uses the data retrieved by the law firm for the preparation of the tax return as part of the Digital Pre-Fill. Taxfix assumes no liability or warranty for the availability and accuracy of the Digital Pre-Fill. Taxfix assumes that the data provided by the Law Firm to Taxfix is correct. Therefore, it is necessary that the Customer carefully checks the transmitted data available in the App before the Customer authorizes Taxfix to file the tax return.
8. Intellectual Property
8.1. 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 The Customer may not imitate, modify, use, reproduce, distribute, alter or otherwise use such content, whether for private or commercial purposes, without our prior written consent. Statutory provisions remain unaffected.
8.2. Taxfix does not claim ownership of the content that Customers provide to Taxfix (the "User Content"). Taxfix reserves the right to remove or disable access to any User Content without cause that, in Taxfix’s sole discretion, violates the
terms of this agreement or compromises the integrity or security of the App or Services.
9. Data Privacy
10. Duties and Obligations of the Customer
10.1. It is an essential contractual obligation of the Customer that any information provided by the Customer to Taxfix is correct, accurate, current and complete, and that the Customer provides all necessary files, data and additional information immediately upon request.
10.2. The Customer is obliged to promptly notify Taxfix immediately of any changes or updates to his/her name, address, telephone number and e-mail address.
10.3. In addition, the Customer’s further obligations to cooperate in these Terms shall apply.
11. Liability and Warranty
11.1. Taxfix shall be liable without limitation in case of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed by Taxfix.
11.2. 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 material contractual obligations, and to the extent, such damages were foreseeable at the time of conclusion and typical for the contract. Material contractual obligations are those obligations, whose fulfilment enables the proper execution of the contract itself and on which the Customer may regularly rely. The foreseeable and contract-typical damage shall not exceed the contract value of one year.
11.3. As far as Taxfix provides Services without any fee, Taxfix shall only be liable according to sub-paragraph 1; sub-paragraph 2 shall not apply.
11.4. All further liability of Taxfix is excluded.
11.5. The above limitations of liability also apply to the personal liability of Taxfix's employees, representatives, organs and vicarious agents.
11.6. The Customer agrees to indemnify Taxfix and its representatives against all losses, liabilities, claims and damages of any kind arising out of or in connection with (i) any culpable violation by the Customer of these Terms or any statutory obligation in connection herewith or (ii) the Customer’s culpable infringement of any third party rights. Taxfix shall promptly notify the Customer in writing in the event of any such claim.
12. Right of Withdrawal of the Customer
As a consumer, the Customer is entitled to a right of withdrawal in accordance with the following provisions.
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.
Special note on the premature expiry of the right of withdrawal
The right of withdrawal also expires 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.
Declaration of revocation
To exercise the right of withdrawal, you must contact us at: Taxfix SE
Köpenicker Str. 122 10179 Berlin
E-Mail: [email protected] Telefon: +49-30-25559635
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)
- To: Taxfix SE, Köpenicker Str. 122, 10179 Berlin
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) - Date
(*) delete if not applicable
13. Term and Termination of the Terms
13.1. All provisions in these Terms shall apply indefinitely to the use of and access to the App, unless otherwise agreed..
13.2. Taxfix and the Customer are entitled to terminate these Terms at any time with a notice period of ten business days. Unfulfilled Service Agreements and Platform Agreements are not affected by this.
14. Term and termination of the Service and Platform Agreement
14.1. The Service Agreement ends with the provision of the completed tax return by Taxfix and the full payment of the Taxfix Fee by the Customer.
14.2. Taxfix is entitled to terminate the Service Agreement and the Platform Agreement for the use of the Expert Service, in particular if the Customer intentionally or negligently breaches the obligations set out in section 10 of the Terms.
14.3. The right of Taxfix and the Customer to terminate for cause remains unaffected.
14.4. Notices of termination must be in text form.
15. Extrajudical Dispute Resolution
15.1. The European Commission hosts an online dispute resolution platform available at http://ec.europa.eu/consumers/odr/. Participation in such online dispute resolution is voluntary and Taxfix does not participate in this dispute resolution procedure.
15.2. In the event of a dispute between Taxfix and a Customer Taxfix will notify the Customer by e-mail of a consumer dispute resolution body, including their address and website, and provide a statement regarding its willingness to take part in such dispute resolution procedure.
16. Miscellaneous Provisions
16.1. Taxfix may amend these Terms, any policies or Special Terms relating to the Services (collectively, the "Provisions") from time to time. Such amended Provisions shall then apply to any new agreement concludes between Taxfix and the Customer.
16.2. If Taxfix intends to amend any or all provisions of an ongoing agreement with effect for the future, the following shall apply:
a) Subject to section 16.2. lit. b) and lit. c), in the event of a not insignificant change to these provisions that affects the Customer's rights under these Terms not only insignificantly, Taxfix will inform the Customer of the planned changes. If the Customer does not object within a period of 6 weeks or continues to access or use the services after expiry of the respective notification period, this constitutes the Customer's consent to be bound by the provisions in the amended version. Taxfix will inform the Customer in its notification about the right of termination, the deadline and the consequences of silence.
b) Section 16.2 lit. a) shall not apply to changes 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, Taxfix may offer the Customer to continue a contract with the amended provisions.
c) Taxfix also reserves the right to adapt or modify any Provisions with effect for the future, provided that:
(i) the changes or modifications are solely beneficial to the
(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 impact on the functionality of the Services or are of a purely technical or organizational nature; or
(iv) Taxfix introduces 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 16.2 lit. b) shall apply.
16.3. 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. The governing contractual language is German; this also applies to non-binding translations of these Terms.
16.4. Offsetting against counterclaims of the Customer is only permitted if these counterclaims are are undisputed or have been finally adjudicated by a court of competent jurisdiction.
16.5. 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 5.6 / February 2024] © Taxfix SE