Terms and conditions

1. Scope

These general Geschäftsbedingungen (GTC) apply für all Geschäftsbeziehungen between users and FINARX GmbH (hereinafter referred to as FINARX) für the provision of the service Qlaqs. The current version at the time of the conclusion of the contract is authoritative. Any other Geschäftsbedingungen of the user shall not apply unless FINARX ausdrücklich has agreed to this in writing or in text form. Spätestens by creating an account at Qlaqs, the user acknowledges the validity of this Geschäftsbedingungen

2. Subject of performance

  1. FINARX offers with Qlaqs the Möglichkeit, Arbeitszeit mobil über a Smartphone application to register and über the Timesheet Server to evaluate.

  2. The Timesheet Server of Qlaqs is a service that is made über the Internet zugänglich Internet access, which becomes für the use of Timesheet Server Timesheet, is not the subject of the services of FINARX.

  3. FINARX behält reserves the right to expand, reduce or go to ändern at any time. A right to offer further Funktionalitäten über the service described in paragraph 1 does not exist.

3. Free test phase and conclusion of contract

  1. With successfully finished account creation a Vertragsverhältnis über the use of Qlaqs comes off. The account creation is successfully completed when the user creates the account, e.g. by calling an activation link in an e-mail bestätigt.

  2. After registration you will participate in the free trial of Qlaqs. Some functions that are available within the software of are experimental. This means that they may contain errors or can be changed but have the comeplete functionality of the paid version. You do not make any financial commitments by participating in the test phase!
    After the trial period has ended, the account will be downgraded to a Lite account. The user can enter his payment data under Menupoint "Shop" (shopping cart) and a paid subscription.

  3. If the user enters his payment data at menupoint "Shop" and clicks on the button "conclude contract subject to payment", a chargeable Contract comes into being. The use of FINARX Qlaqs costs 7.00 € per user and month including 19 % VAT. (Price list 05/2018).

  4. The Contract runs for an indefinite time.

4. Revocation

  1. cancellation policy
    You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, however not before conclusion of the contract and also not before fulfilment of our information duties according to article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our duties according to § 312e Abs. 1 Satz 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:

    Lise Meitner Straße 10
    64293 Darmstadt
    E-mail: rechnungsstelle@finarx.eu

  2. cancellation policy
    In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you cannot return the received service to us in whole or in part or only in a deteriorated condition, you must pay us compensation in this respect if necessary. This may mean that you still have to fulfil your contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.

  3. Special notes
    Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.

  4. A right of revocation exists according to § 312b BGB only towards consumers. If the user is not a consumer within the meaning of § 13 BGB and uses Qlaqs, there is no right of revocation. Regulations on the granting of the free test phase remain unaffected by this.

  5. The declaration of contract is in any case a click on the button "conclude contract subject to payment" when entering the payment data under the menu item "Account".

5. Billing

  1. The monthly fee for the use of Qlaqs is due at the end of each billing month. The monthly fee is paid by direct debit or credit card.

  2. The user must ensure that the bank or credit card account from which the amount is debited has the necessary cover. In the event that payment is not made due to circumstances for which the user is responsible, FINARX may charge the user the additional costs incurred (e.g. costs of the return debit note) in the respective amount incurred.

  3. Users of FINARX Qlaqs receive monthly invoices in PDF format.

  4. If the customer is in arrears with a payment, the access of the customer (customer account) including his sublicenses is excluded from the input of new data (provision mode).

  5. If the customer is more than three months in arrears with at least one payment, the provider reserves the right to block the relevant customer account including all sublicenses until payment of all open claims of the provider against the customer under the user contract.

  6. FINARX accesses external payment service providers (e.g. PayPal) for settlement. By entering his payment data, the user agrees to the transmission of his personal and payment transaction data to these service providers. For security reasons, credit card data is not stored by FINARX, but only by the service provider.

6. Contract period and Cancellation

  1. The user may terminate the contract for the use of Qlaqs at any time at the end of the current billing month.

  2. Termination must be in writing.

  3. Six months after the expiration of the provision period, all data submitted by the customer to Qlaqs will be permanently deleted. The customer may also request in writing that his data be deleted earlier, but not earlier than 40 days after termination. Billing data and invoices are excluded from this due to legal regulations (GOB, UStG etc.).

  4. Upon request, the customer can receive his data in CSV format on a data carrier (CD-ROM or USB stick) for a fee. The amount of the fee results from the current price list. Digital documents (document images) are excluded from this and other data export.

7. Duties of the customer

  1. The customer is obliged to protect his access data by suitable measures to prevent unauthorized access to the software by third parties.

  2. The customer is not entitled to make the contractual software available to third parties for use without setting up an employee account for this purpose. The customer is therefore expressly not permitted to sublet the possibility of using the software.

  3. The customer is obliged to comply with the laws and regulations applicable in the Federal Republic of Germany. In particular, it is not permitted to use the software to send spam, to intentionally influence the server services, to damage other users by circumventing the access software or to determine their data as well as to carry out other actions in breach of contract or under criminal law. FINARX reserves the right to delete these illegal or abusive data and contents immediately.

  4. If the customer violates his obligations and FINARX suffers damage as a result, the customer must compensate FINARX for this damage.

  5. FINARX is not responsible for the actions of its clients. This applies in particular to the possibility of transmitting information to third parties by e-mail. The client releases FINARX from any liability in this context.
    This application software and its components are protected by copyright and by international agreements, trademarks and service marks and/or other property rights and laws of Germany and other countries. The customer is obliged to comply with all applicable copyrights and other laws, further copyright notices and restrictions in these license conditions. These terms of use do not grant the customer any rights, ownership rights or participation in the intellectual property of FINARX GmbH, including (but not limited to) the trademark of the application software. These terms of use do not create a relationship in the sense of an agency agreement or a partnership between the customer and FINARX GmbH.

    1. The customer acknowledges that FINARX GmbH has all legal rights, property rights and participation in the application software, including all intellectual property rights in the application software (regardless of whether these rights are registered and exist anywhere in the world).

    2. The customer is not allowed to,

      • modify, decompile, disassemble, and in any way modify, decompile, disassemble the application software, or any ideas, algorithms, file formats, or programming or interoperability interfaces of the application software or any of the application software contained or contained in it. to reconstruct or identify files created by it, as well as to make improvements to the software, unless otherwise caused to correct errors in the application software or to modify or adapt it in any other way - to sell, lend, distribute, reproduce, copy, transfer the application software to third parties, to produce the sublicense for the application software, to permit access to the application software, its provision and use and the resulting revenues, whether for direct commercial or financial gain, without the prior express written consent of FINARX GmbH.

      • to circumvent the technical protection measures in the application software or to provide means or methods for circumventing them

      • use all or part of the application software to create any tools or software products that can be used to create any type of software application

      • use the application software for unauthorized access, copying, transfer, transcoding and further transmission of the contents, if it violates the laws or the rights of third parties

      • remove, obscure, obscure or otherwise disfigure the copyright notices, trademarks or other proprietary notices of FINARX GmbH or any third party contained in the application software, the functions or in connection therewith

    3. Unless otherwise agreed in writing with FINARX GmbH, these license provisions do not give the customer the right to use FINARX trade names, trademarks, service marks, logos, domain names and other characteristic features.

  6. The customer is obliged to inform his users of the Qlaqs system about the conditions of use under data protection law and, if necessary, to document his agreement to this and to disclose this to FINARX upon request. Only the owner of a Qlaqs account (client "admin") can initiate the data deletion; the other users of a Qlaqs account (client "user") are not contractual partners of FINARX.

  7. The customer is responsible for backing up the data of his devices used to access Qlaq's services. He also undertakes to comply with data protection obligations towards his users, including data deletion and deletion of data backups. FINARX assumes no liability for data loss on the end devices. The user regularly checks the correctness and completeness of the transmitted data via the Qlaqs Web Center.

8. Warranty, Assurances

The application software is delivered according to the current state of development and is subjected to extensive tests and quality assurance measures by FINARX GmbH before delivery.
Information contained in brochures, advertisements, documentations and similar writings only represent descriptions and do not contain any assurance of properties. The assurance of characteristics requires an express written agreement. This also applies to price quotations or information on the release of additions and extensions.
If an application software should be defective and the customer has an effective claim, FINARX GmbH shall, at its discretion, provide supplementary performance by one of the following measures:

  • remedy the defect at no cost to the customer, using new or refurbished spare parts which are equivalent in terms of their characteristics and reliability, or

  • replace the application software with new or refurbished application software (equivalent in terms of its characteristics and reliability) which is at least equivalent in functionality to the original application software, or

  • refund the purchase price of the original application software to the customer on presentation of a valid proof of purchase. (This requires the actual possibility of reimbursement by the AppStore or the payment service provider operator)
    Of course, further rights to which the customer is legally entitled remain unaffected by the above provisions.

Subsequent performance is free of charge for the customer. Warranty claims are excluded if the material defect of the application software is due to improper use, incorrect or improper use or a virus or only occurs after an upgrade has already taken place.
With the exception of the cases mentioned above, the application software "as is" is made available to the customer. FINARX GmbH does not guarantee that the specifications or functions contained in the application software are suitable for the purposes intended by the customer or that the operation of the application software is free of errors or gaps or that errors in the application software are eliminated.
Furthermore, FINARX GmbH does not guarantee that the application software will work together with the application software of third parties. The customer is responsible for ensuring that the application software is compatible with other application software used by the customer.

9. Content when using the application software

The Customer understands that all information (data files, written or scanned text, images, photographs, computer software, audio files, music, sounds and other - collectively "Content") to which the Customer has access and which he uses in the Application, is the sole responsibility of the Customer from whom such Content originates.

  1. The customer is aware that the application software could expose him to content that is offensive, offensive or reprehensible. In this respect, use of the application software is at your own risk.

  2. The client confirms that he is solely responsible for the content he creates, transmits or displays during the use of the application software and for the consequences of his actions (including any losses or damage that may arise for FINARX GmbH). FINARX GmbH bears no responsibility for this, neither towards the customer nor towards a third party.

10. Features and Support

Additionally to the legal Claims on Warranty FINARX GmbH provides the customer with a customer service in connection with the application software to Verfügung. Information regarding the application software are always available within the FINARX service in the "Help" tab. Customers can also contact our customer service staff by clicking on "Support" in the application software.

11. Privacy

FINARX GmbH takes the protection of personal data of customers very seriously and hält strictly adheres to the German Data Protection Act and the Basic Data Protection Regulation (DSGVO) of the EU according to applicable law. Note according to § 33 BDSG: The customer data are stored. However, customer data will not be passed on to third parties or used for any other purpose.
FINARX GmbH collects, processes and uses customer data for Durchführung and processing of Vertragsverhältnisses with them, in particular to successfully establish connections über the Internet.
By using the service Qlaqs and all other software products of FINARX GmbH such as Timegate, Route, Timesheet or Scan, the customer grants his agreement for the purpose bound processing of his data gemäß DSGVO.

FINARX GmbH may distribute advertising and advertising material on the or über application software. For advertising about this only applies to e-mail and phone calls if the customer's consent required by law is available.
FINARX GmbH can however for own similar goods or services (e.g. new application software, extension of the service etc.) by E-Mail recruit, whereby the customer can contradict at any time. FINARX GmbH will then arrange unverzüglich for Löschung to use its own data processing systems and data recorded by third parties. Data that does not contain personal data, such as technical information über Endgeräte from the customer, his system or his application software are collected regelmäßig and automatically to provide the customer with a first-class service, in particular to facilitate and improve the provision of online functionality, software updates, support, content, TPM and other services für to the customer.

Qlaqs will comply with the legal provisions of data protection as amended from time to time. The applicable data protection regulations are known to FINARX.

The Qlaqs system allows the user to log his data in standard operation only logically to löschen and logs these Events to prevent misuse and data loss in case of poor mobile phone connection. Thus it is if necessary möglich inadvertently deleted data to restore. This service can be requested for a fee after expenditure über the support. A physical deletion in the sense of data protection law only takes place at closing of the account after a holding period, which technically results from the data backups in our data center.

The physical deletion of individual users is the responsibility of the client administrator of the customer and is only published in the user interface after approval with a second factor.

12. Software updates and upgrades

Application software needs updates from time to time in the form of automatic synchronizations or updates, which the customer FINARX GmbH on their servers or systems by means of different formats (feeds, definition files etc.) to Verfügung ("Updates"). Furthermore systems of third parties are used (e.g. Apple AppStore, Google Play) to distribute the updates.
These updates are provided for a limited period, at irregular intervals or according to a valid support agreement. The application software may also include technical protection measures. The customer erklärt agrees that the application software automatically contacts FINARX GmbH or the systems of third parties to receive updates and that the application software is updated accordingly with these updates. Customer consent to this paragraph 9 to data that are not personal data. For any data collected, processed or otherwise used in connection with this section 9, section 8 shall apply accordingly. If third parties (Apple, Google etc.) für collect the provision of the service personal data, FINARX is not responsible for für their administration or deletion.

13. Payment

The right of use granted in this contract für the application software only begins with the vollständigen payment of the invoice amount. Invoices are, unless otherwise indicated, spätestens within 14 calendar days after the invoice date for payment fällig; after expiry of the deadline, the customer is in default of payment and must pay interest on the invoice amount at 7% über at the base rate of the Deutsche Bundesbank gemäß § 1 discount rateÜberleitungsgesetz (DÜG).

14. Liability

The licensee (the customer) is responsible for the selection and the consequences of the use of the application software, as well as the intended or achieved results. Any liability of FINARX GmbH for damages of any kind (including without limitation damages resulting from loss of profit, loss of business information or other financial loss) arising from the use of this product or the inability to use this product is expressly excluded.

limitation of liability

FINARX GmbH is liable without limitation in accordance with the statutory provisions for its own conduct as well as that of its legal representatives and vicarious agents in the event of damage to life, body or health resulting from an intentional or grossly negligent breach of duty, based on an intentional or grossly negligent breach of duty, which is covered by liability under the Product Liability Act, and based on intentional or grossly negligent breaches of contract and fraudulent intent.
FINARX GmbH is liable for damages in the area of the paid use of a FINARX application software, which have arisen due to slight negligence, for its own behaviour as well as that of its legal representatives and vicarious agents only in case of violation of essential contractual obligations and also only to the amount of the contract-typically foreseeable damages.
FINARX GmbH shall not be liable beyond the legal or contractual liability described in this paragraph, irrespective of the legal nature of the claims raised by the customer; any liability exceeding this paragraph is excluded.
This application software is intellectual property of FINARX GmbH. FINARX GmbH does not grant the customer an exclusive and transferable license to install and use the application. As purchaser or tenant of the software, the customer only has the right to handle the copyrighted product (application software) and to use it in accordance with the contract. The application software is licensed for use after purchase, not finally sold. All rights to this application software are reserved by FINARX GmbH.

  1. The customer is aware that he uses the application software (as well as servers, data storage or networks connected to the application) at his own risk.

  2. The customer is obliged to use this application software only for the purposes defined by these license conditions and the applicable laws, regulations and generally accepted guidelines in the relevant legal systems (including any legal provisions relating to exports of data or software from Germany and other relevant countries) relating to the application software. These laws include, among other things, restrictions on destination, end user and end use

  3. The customer confirms that he is solely responsible for the use of the acquired application software. The customer is solely responsible for the violation of his license obligations, and for the consequences (including losses and damages, which result from this for FINARX GmbH), which result from these license violations.

  4. It is not permitted to use this application software in a manner that could lead to overloads, malfunctions, impairments or damage to the application software. Likewise, it is not permitted to use the application software in a manner that could interfere with the cooperation with other parties using this application software (servers or networks connected to the application).

  5. It is not permitted to use this application software illegally, for unlawful purposes and in contradiction with these license regulations.

  6. It is not permitted to use this application software in any way that could threaten or harm human life or property.

  7. It is not permitted to use or export this application software if it could lead to a violation of the laws and guidelines in force in Germany (and the countries concerned).

15. Indemnification

The customer erklärt hereby agrees to indemnify and hold harmless FINARX GmbH, its parent, partner or sub-organizations, officers, agents and employees from claims, losses or damages, including reasonable attorneys' fees, asserted by third parties against them based on a violation by the customer of any provision of this license agreement, fahrlässigen or any unlawful act and/or violation of einschlägiger legal norms.

16. Applicable law

This license agreement is subject to German law to the exclusion of conflict of laws and the UN Convention on Contracts for the International Sale of Goods. FINARX GmbH and the customer agree on Frankfurt am Main, Germany as the exclusive place of jurisdiction.

17. Severability clause

If any provision of this Agreement is found to be invalid, the validity of the übrigen provisions thereof shall not be affected by this Agreement. The parties undertake to replace an invalid provision with a valid provision that comes close to this provision asap