Terms and Conditions
1. Content and Conclusion of the Contract
- 1.1 Parties and Subject Matter of the Contract
These General Terms and Conditions (GTC) govern the contractual relationship between Kazarova & Cerkasov GbR, represented by Victoria Kazarova and Evgenia Cerkasov, Lagerhausstr. 40, 64653 Lorsch (hereinafter the “Provider”) and the respective customer regarding the provision and use of the invoice creation software “BillStore” as a browser-based online service (hereinafter the “Service”).
The Provider directs its offer exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Use by consumers is excluded. - 1.2 Exclusion of Deviating Terms
Deviating or supplementary terms and conditions of the customer do not become part of the contract, even if the Provider does not expressly object to them. - 1.3 Conclusion of the Contract
The contract is concluded as soon as the customer enters their e-mail address in the registration form, agrees to these General Terms and Conditions, and clicks “Get started”. After successful entry of the confirmation code, a 14-day trial version is immediately activated for the customer. After the trial period expires, BillStore may only continue to be used if the customer concludes a paid subscription. - 1.4 Obligations in Electronic Commerce
The provisions of Section 312i BGB do not apply between the parties; the statutory information obligations are effectively waived.
- 2.1 Right of Use
The Provider grants the customer a simple, non-transferable, non-sublicensable right of use to use the software within the scope of the booked usage units and functions. Any transfer to third parties requires the Provider's prior written consent. - 2.2 Third-Party Software and External Web Services
The software uses third-party software and third-party components, in particular Google Analytics, Sentry, Amplitude, Usercentrics, and Grafana. In addition, the software may integrate external web services, in particular the e-invoice validator available at https://erechnungsvalidator.service-bw.de/. This third-party software, third-party components, and external web services are subject to the respective license and usage terms of the third-party providers. The Provider adapts the Service at its own discretion in the event of changes by third-party providers. - 2.3 Availability
The Provider aims for availability of 99.0% on a calendar-year average during operating hours (00:00–23:59). Credits in the event of shortfall: 10% of the annual usage fee per percentage point difference, up to a maximum of the annual fee. Further claims are excluded; force majeure remains disregarded. - 2.4 Setup
Setup of the Service (= setup of the customer's own profile) is carried out by the customer; customizations (where technically possible) require a separate agreement. - 2.5 Support
Support for paid packages is provided on business days from 09:00 to 16:00 by e-mail. Training, configuration, implementation, and customer-specific customizations are excluded. - 2.6 Documentation
The Provider makes user documentation available to the customer in the form of tutorials on its website. The tutorials are continuously supplemented, updated, and revised as part of product development and software updates. There is no entitlement to the provision of further documentation, individual training, or other support services. Such services are owed only on the basis of a separate agreement. - 2.7 Changes to Services
The Provider may change the Service for important reasons or as part of further development. Material changes will be announced four weeks in advance; objection must be made before they take effect. - 2.8 Vicarious Agents
The Provider may use subcontractors to fulfill the contract; liability remains unaffected.
- 3.1 Usage Fee
Use of BillStore is subject to a fee; prices are net plus statutory value added tax. - 3.2 Accrual of the Usage Fee
The agreed fees are due upon commencement of the subscription and thereafter, depending on the selected plan, payable monthly or annually in advance.
Unused usage units per month expire at the end of each month and are not carried over to the next month.
An upgrade to a higher-value package may be made at any time and is calculated on a pro-rata basis from the time of the change. A downgrade to a lower package is only possible at the end of the respective contract term. - 3.3 Invoice
Invoices are sent as PDF by e-mail. In addition, invoices can be downloaded at any time in BillStore under “MyAccount” -> “Manage subscription”. - 3.4 Payment Processing and Due Date
Payments are made via the payment provider Stripe exclusively by credit card. Credit cards are charged on the due date; direct debits within five business days. - 3.5 Payment Default
In the event of payment default of two months or an amount ≥ 2 × the monthly usage fee, the Provider may, after notification, block access or terminate the contract extraordinarily. Reminder fees and default interest may be charged in accordance with statutory provisions.
- 4.1 Backup Copies
The customer backs up all entered data themselves. The Provider is liable only for loss despite proper backup. - 4.2 Lawful Use
The customer uses the Service in compliance with applicable law. In particular, data protection, competition, and copyright law must be observed. - 4.3 System Requirements and Duties to Cooperate
To use BillStore, the customer requires an internet-enabled device (e.g. PC, tablet, or smartphone), a stable internet connection, and an up-to-date web browser in its current version (e.g. Google Chrome, Microsoft Edge, Mozilla Firefox, or Safari). JavaScript, cookies, and local browser storage must be enabled. A functional e-mail account is also required to receive notifications, invoices, and confirmation codes. The customer is responsible for providing and maintaining these technical requirements. - 4.4 Tax-Relevant Data
The customer is responsible for the retention and accuracy of tax-relevant data.
- 5.1 Ownership of Customer Data
Customer data remains with the customer. The Provider processes it only for contract fulfillment and deletes it after the end of the contract, unless statutory retention obligations exist. - 5.2 Use of Customer Data
The Provider may use customer data in anonymized form for analysis purposes. The processing of personal data is carried out in compliance with the GDPR.
- 6.1 Quality
The software is provided in accordance with the contract. Changes to the IT environment or compatibility with new formats are not owed. - 6.2 Remedy of Defects
Defects must be reported without delay. The Provider remedies defects within a reasonable period. - 6.3 Initial Impossibility
Liability for initial defects pursuant to Section 536a BGB is excluded. - 6.4 Limitation Period
Defect claims become time-barred after 12 months; claims for damages remain unaffected. - 6.5 Free Services
For free services, liability is limited to fraud and gross negligence; limitation period 6 months.
- 7.1 Indemnification
In the event of third-party claims based on breaches of duty by the customer, the customer indemnifies the Provider and bears the costs of legal defense. - 7.2 Prerequisites
The obligation to indemnify arises if the Provider is informed without delay and the customer takes over the negotiations.
- 8.1 Exclusion and Limitation
Liability only in cases of intent, gross negligence, or slightly negligent breach of essential contractual obligations. Statutory liability for life, body, health, warranty, fraud, and product liability remains unaffected. - 8.2 Extent of Liability
In cases of slight negligence, liability is limited to typically foreseeable damage; at most three times the annual fee. - 8.3 Extended Exclusion of Liability
Indirect damages, loss of profit, data loss, etc. are excluded. - 8.4 Employees and Vicarious Agents
Limitations of liability also apply to employees and subcontractors.
- 9.1 Contract Term
The subscription may be concluded with a monthly or annual term. It automatically renews for the originally agreed term unless terminated at least 24 hours before the end of the respective billing period. - The right of both parties to extraordinary termination for good cause remains unaffected.
- 9.2 Free Trial Period
The customer may initially use BillStore free of charge within a 14-day trial period. After the trial period expires, continued use of BillStore is only possible after concluding a paid subscription. If no paid subscription is concluded within three months after the end of the trial period, the Provider is entitled to delete the trial account including the data contained therein. - 9.3 Form of Termination
The customer may terminate the subscription via “My Account” -> “Manage my subscription”. Termination must take place at least 24 hours before the end of the respective billing period in order to prevent automatic renewal of the subscription. - 9.4 Customer Data upon Termination of the Contract
Data access (reading and downloading) is possible for up to 30 days after the end of the contract. The customer is responsible for exporting their data within this period. Data deletion takes place after 90 days for trial versions and after 12 months for paid subscriptions after the end of the contract.
- 10.1 Set-Off and Right of Retention
Customer claims may only be asserted with undisputed or legally established claims from the same contractual relationship. - 10.2 Text Form
Amendments require text form (e.g. e-mail, letter). - 10.3 Applicable Law
German law; UN Convention on Contracts for the International Sale of Goods excluded. - 10.4 Place of Jurisdiction
For merchants, legal entities under public law, or special funds under public law: registered office of the Provider; the Provider may also sue at the customer's registered office. - 10.5 Partial Invalidity
If individual provisions are invalid, they shall be replaced by a valid provision that comes closest to the economic purpose. The same applies to gaps in the contract.
Customer Service
support@billstore.net
We respond within 24 hours on business days.
