General Terms and Conditions (GTC)

for the use of the FINO Suite

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the FINO Suite between BOL Behörden Online Systemhaus GmbH, Einsteinstraße 14, 85716 Unterschleißheim (hereinafter "Provider") and the customer (hereinafter "Customer").

(2) The FINO Suite comprises various AI-powered software solutions for form processing, including FINO ChatBot, FINO FormBot, FINO Upload-Checker, FINO Voice, FINO Knowledge Hub, FINO Configurator and EMMA.

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

§ 2 Subject Matter and Scope of Services

(1) The Provider makes the FINO Suite available to the Customer as Software-as-a-Service (SaaS). The specific scope of services is determined by the respective service description and the individual contract.

(2) The Provider is obliged to provide the software in its current version. A claim to specific features only exists insofar as these have been expressly agreed.

(3) The Provider is entitled to further develop and improve the software. Significant changes that affect usability will be communicated to the Customer in good time.

§ 3 Conclusion and Duration of Contract

(1) The contract is concluded by the Customer's acceptance of the Provider's offer. Acceptance may be made in writing, by email or by commencing use.

(2) The contract term and notice periods are determined by the individual contract. Unless otherwise agreed, the minimum contract term is 12 months with a notice period of 3 months before the end of the contract.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 4 Availability and Maintenance

(1) The Provider makes the FINO Suite available with an availability of 99% on an annual average. This excludes maintenance work and times when the software is unavailable due to circumstances beyond the Provider's control.

(2) Planned maintenance work will be announced to the Customer at least 48 hours in advance and, where possible, carried out outside normal business hours.

(3) The Provider is entitled to temporarily take the software out of operation for good cause, in particular in the event of security incidents or to ward off attacks.

§ 5 Customer Obligations

(1) The Customer is obliged to use the software only within the scope of the agreed usage rights and not to violate applicable law.

(2) The Customer must keep their access data secret and protect it from access by third parties. In the event of suspected unauthorised use, the Provider must be informed immediately.

(3) The Customer is responsible for the legality of the data and content they process.

(4) The Customer undertakes not to transmit any content that:

§ 6 Remuneration and Payment Terms

(1) Remuneration is based on the currently valid price list or the individual offer. All prices are exclusive of statutory VAT.

(2) Billing is monthly or annually in advance, unless otherwise agreed. Payment is due within 14 days of invoicing.

(3) In the event of late payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the base interest rate.

(4) The Provider is entitled to adjust prices with a notice period of 3 months. In this case, the Customer has a special right of termination.

§ 7 Data Protection and Data Security

(1) The Provider processes personal data on behalf of the Customer in accordance with the provisions of the General Data Protection Regulation (GDPR). Details are regulated in a separate data processing agreement.

(2) The Provider takes appropriate technical and organisational measures to protect data from unauthorised access, loss or destruction.

(3) Data processing takes place exclusively on servers within the European Union.

(4) Further information on data protection can be found in the Privacy Policy.

§ 8 Warranty

(1) The Provider warrants that the software has the agreed functions and is free from material defects.

(2) The Customer must report defects in writing immediately upon discovery. The Provider will remedy justified defect reports within a reasonable period.

(3) The warranty does not apply to defects caused by improper use, modifications by the Customer or force majeure.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage.

(3) Liability under the Product Liability Act remains unaffected.

(4) Otherwise, liability is excluded.

§ 10 Confidentiality

(1) Both parties undertake to keep confidential all confidential information that has become known in the course of the contractual relationship and to use it only for the fulfilment of the contract.

(2) This obligation shall continue to apply after termination of the contract.

§ 11 Usage Rights and Intellectual Property

(1) All rights to the software and documentation remain with the Provider. The Customer is granted a non-exclusive, non-transferable right of use for the duration of the contract.

(2) The Customer may not decompile, disassemble or otherwise reverse engineer the software, unless expressly permitted by law.

(3) The Customer retains all rights to the data and content they enter. The Provider only receives the usage rights necessary for contract fulfilment.

§ 12 Amendments to the GTC

(1) The Provider is entitled to amend these GTC with a notice period of 6 weeks.

(2) If the Customer does not object to the amendment within 4 weeks of receipt of the amendment notification, the amended GTC shall be deemed accepted.

(3) If the Customer objects in due time, the Provider is entitled to terminate the contract at the time the amendments come into effect.

§ 13 Final Provisions

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

(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

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

(4) Amendments and additions to this contract must be made in writing. This also applies to the waiver of the written form requirement.

§ 14 Contact

If you have any questions about these GTC, please contact:

BOL Behörden Online Systemhaus GmbH
Einsteinstraße 14
85716 Unterschleißheim
Germany

Phone: +49 89 / 21 09 67 – 0
Email: info@bol-systemhaus.de

Last updated: March 2026