The General Terms of Use and General Terms and Conditions, in short GTC
General Terms of Use for INNOCTA App of INNOCTA GmbH

(Status: October 2021)

1. Scope of application

We, INNOCTA GmbH & Co. KG, (legal information available at http://127.0.0.1/wordpress/imprint/ – hereinafter referred to as “INNOCTA”, “we”, “us”, “our(s)”), offer you a smart online banking experience with the INNOCTA application (“INNOCTA App”; INNOCTA App “INNOCTA”) provided by us for your end device (Android/iOS).
We provide our services to you as a user of INNOCTA solely on the basis of these Terms of Use. You can communicate with us in German and receive documents and other information in German. If you have your own terms and conditions, these will not apply, even if we are aware of them.
You are also obligated to observe the General Terms and Conditions of your bank applicable to your accounts, in particular with regard to the requirements of online banking and the handling of your authentication data such as PIN, TAN and similar security features.

2 Contractual partners and service providers
The online banking functions are available to all customers of a supported credit institution. The supported credit institutions (hereinafter referred to as “Third Party Bank Accounts”). These services are provided directly by INNOCTA.

3 Service Offer and Availability
INNOCTA provides you with INNOCTA the following services already now and in the future.
– Online banking for third-party bank accounts: You can carry out your payment transactions by means of transfers as well as retrieve your account transactions (usually 90 to 365 days back) and save them for the duration of the user relationship. The individual online banking functions may differ depending on the support provided by your bank.
– Photo transfer + QR code transfer: In INNOCTA, photos of invoices and remittance slips can also be taken to fill out the remittance mask, or corresponding existing photos can be retrieved from the device memory. The payment-relevant data such as invoice amount and invoice number, reason for payment, bank code and account number of the recipient are automatically recognized and transferred directly to the transfer form. You then only have to check and confirm this. To use the photo transfer, a transmission of the digital photo to our servers is required, where it is automatically analyzed and evaluated. The digital photo is used by us only for the provision of the photo transfer and for troubleshooting, improvement and further development of the services offered.
– Savings: Savings widgets are virtual sub-accounts for all your savings goals, such as specific items or trips. This way, you always have your savings goals and totals in view.
3.2 The scope of services results from the functionalities currently available in INNOCTA.
– Set up, change or delete standing orders in INNOCTA App;
– Security settings in the “Security and Service” area in INNOCTA App;
– In INNOCTA App, activate or deactivate push notifications for incoming and outgoing payments on current accounts and set individual limits for the playout of these push notifications;
3.4 We reserve the right to supplement the services and benefits offered by us in INNOCTA in accordance with the above section 3.1 or to limit the use of these services and benefits in part or in their entirety for a limited period of time. This shall apply in particular in the event that the statutory or regulatory requirements for the services of INNOCTA change. There shall be no claim to the retention of certain services or parts thereof.
3.6 For free services there is no claim to uninterrupted use. We cannot guarantee that access to or use of INNOCTA will not be interrupted or impaired by maintenance work, further developments or otherwise by disturbances, which may also lead to loss of data. We strive to ensure that the usability of INNOCTA Services is as uninterrupted as possible.

4. Registration with INNOCTA, age limit, conclusion of contract
4.1 To use the functions available on INNOCTA you have to register. The registration for the use of INNOCTA is free of charge.

4.2 INNOCTA can also be registered and used by persons of limited legal capacity between the ages of seven and fifteen years, provided that their legal guardians are also INNOCTA users. Since the minor enters into a contract with INNOCTA, the permission of the legal guardian is required. Please note that there may be different age limits for individual offers of participating partners.

4.3 In the course of the registration we need your name, your date of birth and your email address. In addition, you must freely choose a login name and a password. You can also voluntarily provide additional information requested on the electronic registration form, such as title, address and contact information.
However, the voluntary provision of address data does not apply to minors, as they must provide information in this regard. If you provide information here, it must be complete and correct. In addition, for minors up to and including 15 years of age, the INNOCTA login name, last name and residential address (optional) of the parent or legal guardian must be provided, who must accompany the onboarding of the minor and give permission for the minor to participate in INNOCTA, as well as inform the minor about the data protection/and terms of use.
4.4 If your registration or profile data change in the course of your usage, you have to correct them immediately in your personal settings.
4.5 By sending us your registration data, you are making us an offer to conclude a usage agreement based on these Terms of Use. We decide on the acceptance of the offer at our own discretion. If your registration is not confirmed within 30 days by e-mail to the e-mail address provided by you, you are no longer bound to your offer. Upon receipt of the e-mail confirmation, an agreed user relationship is established and we activate your access. From the moment of activation you are entitled to use INNOCTA within the scope of these terms of use. For this purpose you have to confirm the activation in advance by clicking on the activation link contained in the e-mail.

4.6 Your registration, your contractual relationship and your user account including access data are not transferable. We reserve the right to verify your identity and information during the registration process. You therefore authorize us, as a precaution, to use all registration information to verify the accuracy of your information (including its updates).

4.7 We do not store any contract texts or keep them permanently available for you to retrieve.

5. Integration of an online account and retrieval of account information
5.1 Prerequisite for the use of INNOCTA is the integration of an online-capable current account of a supported bank. To do this, you must first authenticate yourself as the account holder with the login data of your online banking (e.g. account number and PIN) to your bank and thus create the account in INNOCTA. You have a maximum of one month after registering with INNOCTA to do this. If you do not create an account in INNOCTA within this period, we reserve the right to cancel the registration and to delete the data and the access profile you have created.

5.2 With correct input of the login data of your online banking the data retrieval at your bank for the respective bank account for which INNOCTA shall be set up starts. During the integration into INNOCTA the account information and turnover data of your bank account will be retrieved and in case of third party bank accounts permanently stored. Thereby a turnover history is built up for you.
5.3 The use of INNOCTA is only possible if you explicitly confirm the terms of use and the separate privacy policy before integrating your account. The privacy policy contains detailed information about how we process your personal data and about your rights. Please note: If you exercise your right of withdrawal, you may not be able to continue to use INNOCTA.

5.4 You may only include accounts in INNOCTA for which you have a corresponding authorization (e.g. in the case of joint accounts or if you have an account power of attorney); i.e. you may not use an account of another person in INNOCTA without their express permission.

6 Triggering payments
6.1 With INNOCTA you can initiate SEPA transfers at your bank. For the release of transfers, a 2-factor authorization provided by your bank (e.g. unique transaction number (TAN), secure app, etc.) is required. You may have to enter your online banking login data beforehand.

6.2 If you use a mobile device for the transfer function in INNOCTA, you should make sure for your own security that you do not receive the TAN of your bank on the same device on which you are currently executing INNOCTA.

6.3 In the context of the transfer function INNOCTA offers you an interface for entering transfers. INNOCTA only ensures that the entered data is forwarded unchanged to your respective bank, but does not check whether you can make the transfer (e.g. whether the account has sufficient funds). INNOCTA does not execute transfers, but only initiates them at your bank. Your bank is solely responsible for the execution of the transfer, INNOCTA does not assume any liability for this.

6.4 In order to enter the recipient’s data for the transfer, INNOCTA provides you with the photo transfer function. With this function you can photograph transfer data on documents with your smartphone camera or import existing files. Digital image/text files with the contents of the photographed or imported documents are then generated, transferred via a secure Internet connection to the server used by INNOCTA for this purpose and stored there. The required remittance data (e.g. payee, IBAN, BIC, invoice amount, reason for payment) are read out of these files by means of a text recognition software.

6.5 The maximum execution time of a transfer depends on the maximum execution time of your bank.

7. Further requirements for use, data security
7.1 In order to use INNOCTA, you must have a mobile device (smartphone, tablet, etc.) with an approved, current operating system (Android/iOS) as well as a functioning Internet access. We reserve the right to change the technical requirements for the use of INNOCTA.

7.2 If you use an app store to download the INNOCTA App, your contractual partner for the purchase process is the operator of the respective app store. The contractual conditions of the respective app store apply.

7.3 You can only use some INNOCTA functions, such as the automatic update of your turnover data in the background, if you first enter your login data of your online banking (e.g. account number and PIN) for authentication to your bank when requested by INNOCTA. After successful authentication, your bank will send us a temporary access key (token) which will authenticate INNOCTA to your bank for its lifetime (usually 90 days). After the lifetime of the access key has expired, you will have to re-enter your account credentials. If you re-authenticate to your bank during the lifetime of the access key, your bank will send us a new temporary access key.

7.4 The communication between INNOCTA and your bank, especially the transfer of transaction data (PIN, TAN, etc.) is also fully encrypted and automated.
7.5 You cannot save your PIN in INNOCTA. This is in accordance with the security recommendations of most German banks to protect your account access data and prevent misuse and fraud.

7.6 All your transaction data stored in INNOCTA is secured by storing it encrypted in a certified data center. Data transfer between INNOCTA on your device and our systems is done via secure, encrypted connection.

8 Responsibility for the access data
8.1 Your INNOCTA access data including the password must be kept secret by you and must not be made accessible to unauthorized third parties.

8.2 It is your responsibility to ensure that your access to INNOCTA and the use of the services available on INNOCTA is exclusively done by you or by the persons authorized by you. If it is feared that unauthorized third parties have gained or will gain knowledge of your access data, we must be informed immediately. This can be done via INNOCTA or by e-mail to info@innocta.com.

Please note: You are fully responsible for any use or other activity on INNOCTA that is performed under your access data.

9 INNOCTA Login, multiple devices
9.1 You may log in to INNOCTA using fingerprint and facial recognition, provided that the device you are using supports this function (e.g. TouchID or FaceID from Apple). Neither INNOCTA nor INNOCTA will receive your biometric data. For more information on how identification via fingerprint or facial recognition works, please contact the respective provider of this function.

9.2 You can use INNOCTA with your access data on several devices at the same time. Your user account and your data are stored securely on our server.

9.3 In case of deletion of the INNOCTA App from your end device, neither the user account nor the usage data will be deleted. You can delete them within the framework of the termination of use according to section 12.

10 Use of chargeable services
10.1 On INNOCTA you have the possibility to use free services as well as services with costs and to purchase goods and services. If the use of a service is subject to a fee and you have not already ordered a corresponding service during your registration, you will receive an online notification about the costs incurred, the terms of payment, the term and termination of the service subject to a fee, as well as other relevant details and, if applicable, special contractual terms before you can access the respective service. After that you have the possibility to order the
of the service by clicking on the order button.

10.2 By clicking on the order button you declare your binding offer to use the Service. The acceptance of your offer takes place through the activation or provision of the service by us. These Terms of Use also apply to this usage relationship, as well as any further special contractual conditions, about which you will be informed before using the service.

10.3 The purchase of goods or services from INNOCTA may be subject to further special terms of sale. The applicable terms and conditions of sale shall be displayed to you during the ordering process and shall be applied to the purchase by your express confirmation.

10.4 All stated fees include the applicable statutory value added tax as well as other price components. The fees for the INNOCTA services used by you shall be settled by SEPA direct debit or bank transfer. We reserve the right to offer further payment methods.

10.5 Unless otherwise agreed, we shall invoice you in advance for the contractually owed use-independent remuneration components and in arrears for use-dependent remuneration. You will be notified of the billing periods together with the other payment terms prior to the first use.

10.6 You may only assert a right of retention if it is based on the same contractual relationship. You may only offset claims against us if they are uncontested or have been legally established.

11 Blocking of access
11.1 We may block your access to INNOCTA temporarily or permanently, at our own discretion, if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if we have another legitimate interest in blocking your access. We will take your legitimate interests into account when deciding whether to block your account. 11.2.

11.2 In case of temporary or permanent blocking, your access authorization will be blocked and you will be notified by e-mail.

11.3 In the event of a temporary blocking, the access authorization will be reactivated after the blocking period has expired or the final reason for the blocking no longer applies, and you will be notified of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participating in INNOCTA and are not allowed to log in to INNOCTA again.

12 Termination of use
12.1 You may terminate your user relationship with INNOCTA with immediate effect by contacting the contact address (e-mail) stated in the user area. In case a user contract for paid services has been concluded, the access can only be terminated together with the respective user contract. The notice period in the following section 12.2 applies accordingly.

12.2 We also reserve the right to terminate the usage relationship as a whole or for individual services with a notice period of fourteen (14) calendar days, but no earlier than the expiration of the minimum term or the date of the earliest possible termination of the services purchased under INNOCTA or usage agreements with partners. If you remove all current accounts from INNOCTA and do not integrate a new current account within one month, we shall be entitled to terminate the usage relationship as a whole within the aforementioned period.

12.3 The possibility of termination for cause remains unaffected. In the event of termination by us for good cause for which you are responsible, we shall be entitled to demand an immediate payment of 75% (seventy-five percent) of the usage fee for the remaining term of the paid services offered by us or a partner affected by the termination until the next ordinary termination date, unless you can prove that we or the partner affected did not suffer any damage at all or that the actual damage is significantly lower than this amount. We or the affected partner are allowed to prove that the actual damage is higher than this amount.

12.4 In the event of a complete termination of your INNOCTA user relationship, we shall be entitled to irretrievably delete all data created and stored within the scope of your INNOCTA membership upon expiry of 30 calendar days after the termination becomes effective and after expiry of any statutory retention periods. For personal data, the regulations on data protection apply with priority, which may also provide for a shorter or longer period for deletion.

13. Scope of permitted use, monitoring of usage activities
13.1 Your right of use is limited to the access to INNOCTA, as well as to the use of the services available on INNOCTA within the framework of the regulations of these terms of use.

13.2 We point out that usage activities can be monitored to the legally permissible extent of the German Telemedia Act (TMG) and the EU Data Protection Regulation or that we may be legally obliged to do so. This may also include the logging of IP connection data and transaction histories as well as their analysis in the event of a concrete suspicion of a violation of these Terms of Use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offense. No data analysis is performed for minors between the ages of seven and 15 inclusive.

14 Protection of contents, responsibility for contents of third parties
14.1 The contents available on INNOCTA are predominantly protected by copyright, trademark and competition law or by other protective rights and the rights to them are in each case exclusively due to us, our partners, our customers or other third parties who have made the respective contents available. The compilation of the contents on INNOCTA is as such also protected by copyright. You may use this content only for your own purposes and in accordance with these Terms of Use.

15. Right of use of contents available on INNOCTA
15.1 Unless a different right of use is granted in these terms of use, the special terms of use for paid services offered by us, or the special terms of use of a partner for content or services provided by him,
– you may access and display the content available on INNOCTA online exclusively for your own private purposes. A commercial use of the available content, in particular to offer services for or to third parties, is not permitted. This right of use is limited to the duration of your contractual participation in INNOCTA;
– You are prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the content available on INNOCTA, in whole or in part. You are also prohibited from removing or altering copyright notices, logos and other marks or protective notices.
15.2 You are only entitled to download or print contents, if INNOCTA offers the possibility to download or print the contents (e.g. by means of a download button).

15.3 You shall receive a non-exclusive right of use for an unlimited period of time for the use of the contents provided by us and duly downloaded or printed out by you for your own private purposes. As far as it concerns contents which are left to you against payment, a further condition for this granting of rights is the complete payment of the respective contents. Otherwise, all rights to the content remain with the original rights holder.

15.4 The mandatory legal rights (including the reproduction for private and other own use according to § 53 UrhG) remain unaffected.

16. Posting of own content by you
16.1 As far as available as functionality on INNOCTA, you may post content on INNOCTA and make it available, if applicable, in compliance with the following regulations.

16.2 By posting content you grant us a free, perpetual and transferable right of use to the respective content, in particular
– to store the contents on the servers of INNOCTA as well as to publish them, in particular to make them publicly accessible (e.g. by displaying the contents on INNOCTA),
– to process and reproduce the contents as far as this is necessary for the provision or publication of the respective contents, and
– to grant rights of use – also against payment – to third parties in respect of such contents.
16.3 The aforementioned granting of the right of public access or the granting of rights of use to third parties shall not apply with regard to such information which you have recognizably not posted on INNOCTA for general publication. This includes, for example, login information, account information, account transactions and statements. Such information shall only be disclosed to third parties if this is necessary for the performance of the contractually owed service (e.g. the invoice photo in the context of the photo transfer to the service provider used) or is initiated by yourself (e.g. service and/or appointment agreement with service providers, enabling access by third parties to this content) or you have expressly agreed.

16.4 Insofar as INNOCTA expressly offers the possibility to delete posted contents from INNOCTA, the above granted right of use and exploitation shall expire upon deletion of the contents. However, we remain entitled to keep copies made for backup and/or verification purposes to the extent permitted by law.

16.5 You are fully responsible for the content you post. We do not check the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

16.6 You represent and warrant to us that you are the sole owner of all rights to the Content you submit to INNOCTA, or otherwise authorized (e.g., by effective permission of the rights holder) to post the Content on INNOCTA and to grant the rights of use as set forth above. You also agree not to post any content that violates applicable law.

16.7 We reserve the right to refuse the posting of contents and/or to edit, block or remove already posted contents without prior notice, if the posting of contents by you or the posted contents themselves lead to a violation of section 17 of these terms of use or if there are concrete indications that a serious violation of section 17 will occur. However, we will take your legitimate interests into account and choose the mildest means to prevent the violation of section 17.

16.8 Users who attempt to post untrue, insulting, anti-competitive, criminal or otherwise illegal content about others may be excluded without notice.

17. Prohibited activities
17.1 The services available on INNOCTA are exclusively intended for your own private purposes, unless otherwise provided for in special terms and conditions of a service. You are not allowed to use the services for commercial purposes, even for or towards third parties. Unauthorized commercial use includes in particular the exploitation of the services available on INNOCTA including the contents offered herewith for or towards third parties.

17.2 You are prohibited from any activities on or in connection with INNOCTA which violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. Furthermore, regardless of any violation of the law, you are prohibited from the following activities when posting your own content on INNOCTA:
– the distribution of viruses, trojans and other harmful files;
– sending junk or spam e-mails as well as chain e-mails;
– soliciting other users to disclose passwords or personal data, in particular for commercial or unlawful purposes;
– the distribution and/or public reproduction of contents available on INNOCTA, unless this is expressly permitted by the respective author or expressly made available as a functionality on INNOCTA.
17.3 Also prohibited is any action that is likely to interfere with the smooth operation of INNOCTA, in particular to place an excessive load on our IT systems. You are not allowed to bypass any security functions of INNOCTA and refrain from any attempt to do so.

17.4 If you become aware of any illegal, abusive, non-contractual or other unauthorized use of INNOCTA, you may contact info@innocta.com and report such unauthorized use. We will then investigate the matter and, if necessary, take appropriate steps.

17.5 We reserve the right to refuse the posting of content and/or to edit, block or remove already posted content without prior notice, if the posting of content by you or the posted content itself has led to a violation of these Terms of Use or if there are concrete indications that a serious violation will occur. However, your legitimate interests will be taken into consideration.

18. Data protection
The personal data resulting from the registration on INNOCTA as well as from the use of the available services will only be processed by us, as far as this is necessary for the contractual service provision, permitted by legal regulations or by your consent. You can find the details of this in our separate data protection provisions, which are stored on our website and in INNOCTA and can be accessed there at any time. Please note: If you include an account as an authorized representative and not as an account holder or a joint account in INNOCTA, you are obliged to inform the other account holder(s) or the account holder granting the power of attorney about our data protection provisions immediately.

19. Liability
19.1 We shall be liable for damages in accordance with the statutory provisions for personal injury and for damages under the Product Liability Act or within the scope of § 44a of the Telecommunications Act.

19.2 We shall be liable for other damages in accordance with the following provisions, unless otherwise stipulated in a guarantee given by us.

19.3 We shall be liable in accordance with the statutory provisions for damage caused by fraudulent conduct, as well as for damage caused by intent or gross negligence on our part, on the part of our legal representatives or on the part of our executive employees

19.4 We are liable limited to the amount of the foreseeable damage typical for this type of contract for damages resulting from a slightly negligent breach of essential contractual obligations or obligations the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the user may regularly rely, as well as for damages caused intentionally or by gross negligence by simple vicarious agents.

19.5 In all other respects, any liability on our part for damages caused by slight negligence is excluded.

20. Revocation instruction
Right of withdrawal
You can cancel your contract within 14 days without giving reasons by means of a clear statement. The period begins after receipt of this instruction on a durable medium, but not before conclusion of the contract and also not before fulfillment of our information obligations under Article 246b § 2 in conjunction with § 1 paragraph 1 number 12 and Article 248 § 13 paragraph 1 EGBGB. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a durable data medium (e.g. letter, tele-fax, e-mail). The revocation is to be addressed to: INNOCTA GmbH, Breitackerstrasse 23, Adlikon, Switzerland, e-mail: info@innocta.com.

Special notes
Upon revocation of this contract, you are also no longer bound to a contract related to this contract if the related contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.

End of the cancellation policy

21 Changes to these Terms of Use
We reserve the right to change these Terms of Use at any time with effect also within the existing user relationship and contractual relationships based thereon. We will notify you of such changes at least 30 calendar days before the changes are scheduled to take effect. If you do not object within 30 days of receipt of the notification, the changes will be deemed to have been agreed as of the expiry of the deadline. In the event of your objection, the usage relationship will continue under the previous conditions. In the event of an objection, we reserve the right to terminate the user relationship in accordance with section 12. In the notification of change, we will inform you of your right to object and of the consequences.

22 Updates, changes of services, price changes
22.1 We will continuously develop and update INNOCTA in order to ideally implement the requirements of the users, to introduce new functions and to correct technical errors. We will make regularly updated versions of the INNOCTA App available in the App Store through which you purchased the INNOCTA App.

22.2 We ask you to keep INNOCTA and your terminal device up to date at all times, in particular to be up to date with the latest security features. If you fail to do so, we shall not be liable for any errors or damages resulting from your failure to use the currently available version of the INNOCTA App.

22.3 We are entitled at any time to change services provided free of charge on INNOCTA, to make new services available free of charge or against payment and to discontinue the provision of free services. We will take your legitimate interests into account in each case. In the event of a change from free to paid services or a change of paid services, the change procedure in Section 22 shall apply accordingly. 22.4.

22.4 In each notification of change – for example when you next log in or by e-mail – we will separately inform you of the consequences of the change and your right to object and/or terminate.

23. Complaint and legal remedy procedure / dispute resolution procedure
23.1 In the event of complaints, you may contact the Federal Financial Supervisory Authority (BaFin) in accordance with § 60 ZAG. Complaints must be submitted to BaFin in writing or on record and should state the facts of the case and the reason for the complaint. The complaint should be addressed to:

Federal Financial Supervisory Authority,
Graurheindorfer Strasse 108, 53117 Bonn, Germany

23.2 We are generally prepared to participate in dispute resolution proceedings at the conciliation board of the Deutsche Bundesbank. The arbitration board at the Deutsche Bundesbank is an official consumer arbitration board. Its area of competence is defined by law.

Conciliation Board at the Deutsche Bundesbank
P.O. Box 11 12 32
60047 Frankfurt
Telephone: 069 / 2388 1907
E-mail: schlichtung@bundesbank.de
Internet: http://www.bundesbank.de/Navigation/DE/Service/Schlichtungsstelle/schlichtungsstelle.html

24. Guarantee funds
There are no guarantee funds or other compensation schemes.
25 General Provisions

25.2 German law shall apply to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods.

25.3 If any provision of these Terms of Use is or becomes invalid, this shall not affect the validity of the remaining provisions. In such a case, we are obligated to cooperate with you in the creation of provisions through which a result that comes as close as possible to the invalid provision in economic terms is achieved in a legally effective manner. The foregoing shall apply mutatis mutandis to the closure of any loopholes in the contract.