Terms and Conditions

• § 1 Scope and entrepreneur status
• § 2 Description of services
• § 3 Conclusion of contract, trial period and term
• § 4 Prices, payment and VAT
• § 5 Rights of use in the software
• § 6 Rights in user content and indemnification
• § 7 User obligations and acceptable use
• § 8 Availability and maintenance
• § 9 Data backup
• § 10 Limitation of liability
• § 11 Data protection and processing on behalf of the user
• § 12 Use of subcontractors
• § 13 Set-off and right of retention
• § 14 Termination, data export and deletion
• § 15 Changes to these terms
• § 16 Conflicting terms
• § 17 Applicable law and place of jurisdiction
• § 18 Severability

§ 1 Scope and entrepreneur status

These terms and conditions govern the use of the software-as-a-service platform DocCanvas, operated by Nibsy Tech Ltd, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom (the "Provider"). Contracting parties are exclusively entrepreneurs within the meaning of Section 14 of the German Civil Code (B2B). Consumers within the meaning of Section 13 of the German Civil Code are not permitted to use the service.

• –On entering into the contract, the user expressly confirms that they are concluding the contract in the exercise of their commercial or independent professional activity and are not acting as a consumer.
• –Providing the company name and, where the user is established in the European Union, a valid VAT identification number is mandatory and a condition for the conclusion of the contract.
• –The Provider is entitled to verify the entrepreneur status and the validity of the VAT identification number provided, and to refuse the conclusion of the contract or terminate the contract for cause if the information is incorrect.
• –The user must update changes to the company name, billing address or VAT identification number in the user dashboard without delay.

§ 2 Description of services

DocCanvas is a web-based platform for creating, managing and sending business documents. The Provider makes available to the user a visual template builder, PDF export, document management, customer management, an optional AI-assisted field extraction and any further features included in the respective plan. The Provider is entitled to change the scope of the platform features, provided this is reasonable for the user and does not materially impair the contractually agreed core service.

• –Invoices are finalised and rendered unalterable upon dispatch. Subsequent changes to the content of finalised records are excluded; corrections are made exclusively by issuing a cancellation record and a new record.
• –Finalisation serves to meet the requirements regarding the unalterability of records under Section 146 (4) of the German Fiscal Code and the GoBD.
• –The software supports working in line with the GoBD. Compliance with the GoBD in the user specific procedure, including the preparation and maintenance of the procedural documentation, proper record retention and the tax assessment, is the responsibility of the user.
• –The Provider does not owe any tax, accounting or legal advice.

§ 3 Conclusion of contract, trial period and term

• –The contract is concluded by registering and subscribing to a paid plan.
• –The trial period of 14 days is free of charge and does not give rise to any entitlement to a particular scope of features. Individual features may be restricted or subject to volume limits during the trial period.
• –The Provider gives no availability commitment for the trial period; § 8 does not apply to the trial period.
• –If no paid plan is booked after the trial period ends, the data created during the trial period is deleted 30 days after the end of the trial period, unless statutory retention obligations apply. The user is informed in text form before deletion.
• –Paid plans run monthly and renew automatically for a further month unless cancelled in good time.
• –Cancellation is possible at any time with effect from the end of the current billing period.
• –Cancellation is made via the user dashboard or by email to kontakt@doccanvas.app.

§ 4 Prices, payment and VAT

• –Current prices are available on the DocCanvas pricing page. All prices are net prices.
• –The Provider is established in the United Kingdom and supplies entrepreneurs established in the European Union with an electronically supplied service. The place of supply is determined by the place of establishment of the recipient (Section 3a (2) of the German VAT Act).
• –The tax liability passes to the recipient of the supply under Art. 196 of the VAT Directive and, for recipients in Germany, under Section 13b (1), (5) of the German VAT Act (reverse charge). The invoice is therefore issued without VAT being shown and carries the note "Reverse charge - the recipient of the supply is liable for VAT".
• –The user is obliged to provide a valid VAT identification number before the contract is concluded and to notify any changes without delay. If the VAT identification number cannot be confirmed, the Provider is entitled to charge the applicable VAT retrospectively.
• –For recipients outside the European Union, the tax rules applicable at the place of establishment of the recipient apply. Any taxes, duties or withholding taxes incurred are borne by the user.
• –Payment is made monthly in advance by credit card, SEPA direct debit or PayPal via the payment service provider Mollie B.V.
• –In the event of late payment, the Provider is entitled to suspend access to the platform after prior notice in text form and the expiry of a reasonable grace period. Records already finalised remain retrievable by the user.
• –Price changes are communicated to the user in text form at least 30 days before they take effect. If the user objects to the price change within 30 days of receipt of the notice in text form, both parties are entitled to terminate the contract for cause as of the date the price change takes effect. Until termination takes effect, the previous prices continue to apply.

§ 5 Rights of use in the software

For the term of the contract, the Provider grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform via the internet for their own business purposes within the contractually agreed scope. There is no entitlement to the source code or to delivery of the software. The user may not make the platform available to third parties for their independent use, may not rent it out and may not resell it as part of their own offering, unless the Provider has agreed in text form. Reverse engineering, decompilation and disassembly are permitted only within the limits of Sections 69d and 69e of the German Copyright Act. The rights of use granted end when the contract ends; § 14 remains unaffected.

§ 6 Rights in user content and indemnification

• –All rights in the content entered by the user, in particular documents, templates, logos, texts and customer data, remain with the user.
• –The user grants the Provider a simple, geographically unrestricted right, limited to the term of the contract and the statutory retention periods, to store, reproduce, process and display the content to the extent necessary to provide the contractually owed service. No use beyond this takes place, in particular no use for advertising purposes or for training models.
• –The user warrants that they hold the necessary rights in the content entered and that its storage and processing do not infringe any third-party rights or statutory provisions.
• –The user indemnifies the Provider against all third-party claims asserted against the Provider on account of the content entered by the user or its contractual processing, including reasonable costs of legal defence. The Provider will inform the user of any such claim without delay and enable the user to conduct the legal defence. The indemnification does not apply where the user is not responsible for the infringement.

§ 7 User obligations and acceptable use

The user is responsible for the content they enter and for the use of their account. The platform may be used exclusively within the framework of applicable law and these terms.

• –The user is obliged to keep their access credentials secure and not to disclose them to third parties. They must inform the Provider without delay if they become aware of any unauthorised use.
• –The user ensures that the data they enter, in particular customer data, has been collected lawfully and may lawfully be processed.
• –The user is responsible for the tax and legal correctness of the documents created and for compliance with the retention and record-keeping obligations applicable to them.
• –It is prohibited to enter or send unlawful content, in particular content that infringes third-party rights, is punishable by law or breaches competition law.
• –It is prohibited to send unsolicited advertising or bulk messages without the recipients consent, and to send malware or phishing messages.
• –It is prohibited to carry out actions that impair the availability or security of the platform, in particular denial-of-service attacks, circumventing access or volume limits, automated extraction of content without consent, and penetration tests without prior agreement in text form.
• –It is prohibited to use the platform to create records for services that were not rendered or for any other deceptive purpose.
• –In the event of a breach, the Provider is entitled to block the content concerned and, after prior warning, to suspend access. In the event of serious breaches, suspension may take place without prior warning.

§ 8 Availability and maintenance

The Provider aims for platform availability of 99% on annual average. Periods of announced maintenance and outages caused by circumstances outside the control of the Provider are not included in the calculation. Scheduled maintenance is carried out outside peak usage times where possible and is announced with reasonable notice. Urgent security measures may be carried out without prior notice. There is no entitlement to uninterrupted availability.

§ 9 Data backup

• –The Provider performs daily backups of the production data and retains them for 30 days.
• –Restoration from a backup is carried out at the request of the user, to the extent this is possible with reasonable effort.
• –The Provider does not warrant that individual data records can be restored. Backups serve to restore the overall system after an outage.
• –It is incumbent on the user to secure the documents and data they create at regular intervals using the export functions provided, and to retain these backups themselves.

§ 10 Limitation of liability

• –The Provider is liable without limitation for damage arising from injury to life, body or health and for intentional or grossly negligent breaches of duty.
• –In cases of ordinary negligence, the Provider is liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.
• –Liability under the German Product Liability Act remains unaffected.
• –Liability in the event that a guarantee has been assumed and in the event of fraudulent concealment of a defect likewise remains unaffected.
• –Liability for loss of data is limited to the effort that would have been required had the user carried out proper and regular data backups in accordance with § 9.
• –The Provider accepts no liability for the tax or legal correctness of the documents created by the user.
• –Any further liability of the Provider is excluded. The above limitations of liability also apply for the benefit of the legal representatives, employees and vicarious agents of the Provider.

§ 11 Data protection and processing on behalf of the user

Personal data processed under the own responsibility of the Provider is processed in accordance with the DocCanvas privacy policy. Where the Provider processes personal data on behalf of the user, in particular master data and record data of the end customers of the user, the user is the controller and the Provider is the processor. For this purpose the Provider makes available to the user, on request, a data processing agreement pursuant to Art. 28 (3) GDPR in text form; the agreement must be concluded before the processing begins.

§ 12 Use of subcontractors

The Provider is entitled to use subcontractors to provide the contractual services, in particular for hosting, payment processing, sending email and AI-assisted field extraction. The Provider selects subcontractors with care and obliges them to a level of protection corresponding to the obligations under this contract. The Provider remains responsible for the provision of the services towards the user. Data protection approval and the procedure for changing sub-processors are governed by the data processing agreement under § 11.

§ 13 Set-off and right of retention

The user may only set off claims that are undisputed or have been finally determined by a court. The user is entitled to a right of retention only on account of undisputed or finally determined counterclaims arising from the same contractual relationship. The rights of the user under Section 320 of the German Civil Code remain unaffected.

§ 14 Termination, data export and deletion

• –After cancellation, access remains available until the end of the paid period.
• –The right of both parties to terminate for cause remains unaffected. For the Provider, cause exists in particular in the event of substantial payment default despite the setting of a deadline, in the event of serious or repeated breaches of § 7, and in the event of incorrect information regarding entrepreneur status.
• –After the contract ends, the user receives access limited to export for a period of 30 days.
• –The export covers the documents created as PDF files and the master and record data in a structured, commonly used and machine-readable format (CSV or JSON).
• –After the export period expires, the user data is deleted unless statutory retention obligations apply.
• –Records subject to retention obligations, in particular finalised invoices and journal entries, remain in a locked read-only archive until the statutory retention period of ten years (Section 147 (3) of the German Fiscal Code) has expired and are deleted only thereafter. Access to this archive is granted to the user on request.
• –The Provider supports the user in switching to another provider in accordance with Art. 23 et seq. of Regulation (EU) 2023/2854 (Data Act). The Provider does not charge any switching charges for the switch or for making the exportable data available.
• –The user should carry out the export in good time before the period expires.

§ 15 Changes to these terms

• –The Provider may amend these terms provided the amendment is reasonable for the user. Amendments are reasonable in particular where they are necessary to reflect changed statutory requirements, decisions of supreme courts or authorities, or a changed technical manner of providing the service, as well as amendments that operate solely to the advantage of the user.
• –The agreed scope of services and the remuneration are excluded from this reservation of amendment. Changes to the remuneration are governed exclusively by § 4.
• –Amendments are communicated to the user in text form at least 30 days before they take effect. The notice contains the amended provisions, the date on which they take effect, a reference to the right to object, to the deadline and to the consequences of failing to object.
• –If the user does not object within 30 days of receipt of the notice in text form, the amended terms are deemed accepted.
• –If the user objects in good time, the previous terms continue to apply. In this case both parties are entitled to terminate the contract for cause as of the date the amendment takes effect.

§ 16 Conflicting terms

These terms apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user, in particular purchasing conditions, do not become part of the contract, even if the Provider does not expressly object to them or performs the service without reservation in knowledge of those conditions. Deviations require the express consent of the Provider in text form.

§ 17 Applicable law and place of jurisdiction

Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the court having subject-matter jurisdiction for Vienna, Inner City (Innere Stadt). The Provider is additionally entitled to bring proceedings at the general place of jurisdiction of the user. Mandatory statutory provisions remain unaffected.

§ 18 Severability

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic purpose of the invalid provision. The same applies in the event of a gap in the provisions.