Terms of Use

For the end customer app AIRboard provided by the AIRprofil Services GmbH represented by the Managing Director Horst Schneider Julius-Hatry-Straße 1 68163 Mannheim, hereinafter also referred to as the Provider.

1. General

  • These Terms of Use govern the use of the financial app AIRboard between the Provider and the User.
  • Users are exclusively consumers within the meaning of § 13 BGB.
  • By using the App, the User agrees to the present Terms of Use without restriction.

2. Subject matter of the contract

  • The AIRboard is operated by the provider as Software-as-a-Service (SaaS).
  • The user is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an internet connection during the term of this contract for his own purposes and to store and process his data with its help.

3. Versions

  • Free version
    • The free version of the AIRboard is available to all users free of charge.
    • Use is limited to certain features, storage space, or transactions.
    • The provider reserves the right to change or limit the functions of the free version at any time.
  • Paid version
    • The paid version of the AIRboard is available for a fee.
    • It offers advanced features, extended storage, in-depth analytics, and additional support.
    • Access to the paid version requires the conclusion of a contract by means of a binding online booking and the payment of the agreed fee.
    • Fees are billed monthly or annually in advance, depending on the payment method chosen.
    • The provider reserves the right to change prices and services of the paid version at any time, whereby existing contracts are not affected.

4. Provision

  • The provider maintains a constantly monitored server system for the Internet presence via its provider under the certificate requirements according to ISO 27001.
  • In the case of a properly running system, the user is given access to the areas intended for him at any time.
  • The system is available 24 hours a day, 365 days a year with an availability of approx. 98% on a monthly average.
  • The User acknowledges that access to the Systems may be temporarily restricted for technical reasons (e.g. malfunctions, maintenance) or for reasons beyond the Provider's contrul (e.g. force majeure, third-party negligence).
  • The provider may temporarily switch off the systems for the purpose of maintenance.
  • The Provider will give the User at least five (5) working days' notice in advance of scheduled maintenance periods in an appropriate form.

5. Rights of Use

  • On the basis of the booked version, the user acquires a simple, revocable, non-exclusive right of use that is limited in time, space and subject matter.
  • This is limited to use in accordance with its selection of services and is not transferable.
  • The User is only authorized to use the Software within the scope of the rights granted to him.
  • The granted right of use is limited in time to the duration of the contract.
  • Use means any permanent or temporary loading, display or storage for the purpose of accessing the Application and the processing of data and information entered by the User by a computer or a comparable technical device for data processing.
  • The user is aware that the use of the application entails hardware and software requirements.
  • The full scope of the application can only be provided if the user uses the application with such devices and technical facilities that allow the processing of the transmitted data due to the nature and nature of contemporary hardware and software.

6. User Account and Security

  • The user is obliged to treat his access data confidentially and to protect it from unauthorized access.
  • The user is liable for all activities that occur under the user account.

7. Usage Fees and Terms of Payment

  • For the paid version, payments must be made monthly or annually in advance, depending on the payment method chosen.
  • Payment is made by credit card, SEPA direct debit or other payment methods offered in the booking process.
  • In the event of late payment, the provider may temporarily block access to the paid version until payment has been made.

8. Term and Termination

  • Users can cancel the free version at any time.
  • The paid version is provided for the term agreed upon at the time of booking.
  • The minimum contract period is 1 year.
  • After the expiry of the minimum contract period, the contractual relationship is tacitly extended for an indefinite period until ordinary termination.
  • Ordinary termination is then possible at any time with a notice period of 1 month to the end of a calendar month.
  • Early termination during the agreed contract period is excluded.
  • The right to extraordinary termination for good cause remains unaffected by the above regulations and is governed by the statutory provisions.

9. Data protection and data security

  • The Provider cullects, processes and uses all data entered by the User in accordance with the applicable legal provisions in their current version.
  • The processing of personal data is carried out in accordance with the privacy pulicy and the data protection information that can be viewed on the AIRboard homepage and to which the user has consented when registering for the AIRboard.
  • Data security is guaranteed by the technical and organizational measures implemented by the provider.
  • The user can revoke his consent to data processing for the future at any time without informality.

10. Disclaimer

  • The provider does not assume any liability for the accuracy, completeness or up-to-dateness of the data entered by the user.
  • The user is responsible for the correctness of his entries and the decisions derived from them.

11. Changes to the Terms of Use

  • The Provider reserves the right to change the present Terms of Use at any time.
  • Changes will be communicated to users in a timely manner.
  • Continued use of the AIRboard after changes will be deemed acceptance of the new terms.

12. Place of Performance, Place of Jurisdiction

  • The place of performance for all contractual services to be provided by the Provider to the User is, if legally permissible, the registered office of the Provider.
  • The place of jurisdiction for all legal disputes arising from these Terms of Use is, where legally permissible, the registered office of the Provider.

13. Final Provisions

  • All contracts concluded between the contracting parties and their implementation shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of uniform international law.
  • Should provisions of these Terms of Use be or become invalid or void, the validity of the remaining provisions shall remain unaffected.
  • The contracting parties undertake to replace the invalid or void provision with one that comes as close as possible to what was economically intended by the invalid or void provision.