Additional Terms of Use for KassenSichV (Fiscalization) Service
By using our Fiscalization Product, you agree to be bound by SumUp’s Terms, these additional terms of use for our fiscalization product ("Fiscalization Terms") and all other terms and policies applicable to your use of SumUp products and services, as well as the user documentation that SumUp may make generally available in hardcopy or electronic form to its general customer base in conjunction with the offering of the Fiscalization Product ("Documentation"). If you are using our Fiscalization Product for your business, you agree that you are accepting these SumUp Fiscalization Terms. Unless otherwise defined herein, capitalized terms shall have the same meaning as in the Terms.
Fiscalization Product
SumUp’s Fiscalization Product is a special software-supported and cloud-based solution for fiscalization that ensures the tamper-proof, electronic recording and archiving of business transactions processed by SumUp merchants, in relation to the requirements of of the KassenSichV in the Federal Republic of Germany.
For the proper activation of the Fiscalization Product, you need to provide us with information related to your business, such as name, address, country code, tax ID number, VAT number or other similar information which is necessary to set up your business as an organization on our solution. Once the activation process is successfully passed, SumUp will generate a management page for you.
The Fiscalization Product is currently available only to SumUp merchants registered in the Federal Republic of Germany. The Fiscalization Product is not available to process offline payments.
Your Right of Use
Pursuant to thеse FIscalization Terms, SumUp grants to you a non-exclusive and, unless otherwise specified herein or in any applicable Documentation, non-transferable right of access to and use of the Fiscalization Product, for the time period and on conditions indicated herein.
You will have a limited right to use the Fiscalization Product solely for your internal business purposes, and to perform solely those functions described herein and/or in the Documentation.
Unless otherwise stated herein or in the Documentation, the Fiscalization Product is provided to you in a standard format. If you request SumUp to provide any custom modification, consulting, system integration or other services with regard to the Fiscalization Product, the terms for such services shall be separately negotiated and agreed to in writing.
SumUp reserves the right to upgrade, modify, replace or reconfigure the Fiscalization Product at any time, for which we will notify you at least 14 days in advance if such changes significantly affect your use of the Fiscalization Product.
Your Obligations
You hereby undertake to:
Use the Fiscalization Product only in accordance with these Fiscalization Terms and comply with all applicable laws and regulations with respect to your activities under these Fiscalization Terms;
Cooperate with SumUp with respect to the execution and performance of our mutual obligations under these Fiscalization Terms;
Provide SumUp with all necessary access to such information as may be required by SumUp in order to use the Fiscalization Product, including but not limited to data and configuration services;
Carry out all other responsibilities set out in these Fiscalization Terms in a timely and efficient manner;
Use commercially reasonable efforts to prevent unauthorized access to or use of the Fiscalization Product and notify SumUp of any such unauthorized access or use;
Obtain and maintain all necessary licenses, consents, and permissions necessary for SumUp, its contractors and agents to perform their obligations under these Fiscalization Terms;
Ensure working Internet connection;
Ensure that its network and systems comply with the relevant specifications provided by SumUp from time to time; and
Comply with the business restrictions of using the Services under the Terms.
License to Merchant Data
You grant to SumUp a non-exclusive, royalty-free license to access, use, reproduce, modify, perform, display and distribute your data as is reasonable or necessary for SumUp to perform or provide the Fiscalization Product.
Third Party Software
The Fiscalization Product may contain a third party solution that may require notices and/or additional terms and conditions. Such required third party solution notices and/or additional terms and conditions may be requested from SumUp and are made a part of and incorporated by reference into these Fiscalization Terms. By accepting these Fiscalization Terms, you are also accepting such third parties’ additional terms and conditions, if any, set forth therein.
Intellectual Property
You irrevocably acknowledge that, subject to the rights granted herein, you have no ownership interest in the Fiscalization Product or any SumUp materials provided to your hereunder. SumUp owns all rights, title, and interest in the Fiscalization Product and any SumUp materials, subject to any limitations associated with intellectual property rights of third parties. SumUp reserves all rights not specifically granted herein.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Fiscalization Product and you will not remove, obscure or alter SumUp’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Fiscalization Product. You may not rent, lease or otherwise transfer rights to the Fiscalization Product. You may not use the Fiscalization Product in any manner that could impair any SumUp site in any way or interfere with any party's use or enjoyment of any SumUp site.
Disclaimer of Warranties
The Fiscalisation Product provided "as is" and "as available". We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these Fiscalisation Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Fiscalisation Product, or regarding the fact that the Fiscalisation Product will be uninterrupted or error-free, or that the Fiscalisation Product would ensure your compliance and/or the compliance of your business with any legal, regulatory and/or tax requirements. You remain solely liable to ensure that your business complies with the applicable legislation. We do not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Fiscalisation Product, remains solely with you, to the maximum extent permitted under the applicable law.
Plans and Payments
You may use our Fiscalization Product by selecting a pricing plan and pay any applicable subscription fees based on the plan you select (“Subscription Plan”). By selecting a Subscription Plan, you agree to pay SumUp the applicable subscription fees, as per the Subscription plan elected by you, or as otherwise agreed in writing (“Subscription Fee”).Our current fees and plans are listed on our website.
Subscription Fees may be paid by debit card or credit card or by another available payment method elected by you that you link to your Account, including via direct debit authorization (to SumUp or another entity from the SumUp group), subject to availability. When you link a payment method to your Account, you authorize us to collect Subscription Fees by debiting or charging your linked payment method.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription Plan, we may suspend your access to the Fiscalization Product until we have successfully received a payment of the Subscription Fee. Furthermore, SumUp reserves the right to charge you a fee for any related additional costs (such as banking fees) incurred by SumUp in relation to investigating or mediating any failed payments. Any such fees shall be disclosed from time to time on our website.
You may purchase a Subscription Plan by paying a Subscription Fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Subscription Fees will be charged upon purchase, as well as on the relevant renewal date until cancelled. Your Subscription Plan renews automatically unless cancelled. You can cancel your Subscription Plan at any time, and you will continue to have access to the Fiscalization Product until the end of your current subscription period when the next Subscription Fee is due to be paid. Subscription Fees are non-refundable, and we do not provide refunds or credits for any partial Subscription periods or unused Subscription Services. You may receive a pro-rata discount only in case of an upgrade to a more expensive Subscription Plan.
We may change our Subscription Plans and the Subscription Fees from time to time; however, any Subscription Fee changes or changes to your Subscription Plans will apply no earlier than 30 days following notice to you. Subject to applicable law, you accept the new Subscription Fees or changes to your Subscription Plans by continuing to use the Fiscalization Product after the changes take effect. If you do not agree with Subscription Fee changes or changes to your Subscription Plans, you have the right to reject the changes by cancelling the Subscription Plan prior to the changes going into effect.
Cancellation or Termination
You may cancel your use of the Fiscalization Product at any time through the functionalities of your Account. We shall not be liable for refunding subscription fees in the event that you decide to stop using the Fiscalization Product before the expiry of the subscription period, or your Account is suspended or terminated due to a breach of the Terms or these Fiscalization Terms.
Governing law and Jurisdiction
These Fiscalization Terms shall be governed by and construed under and in accordance with Irish Law.
Any dispute arising out of or in connection with these Fiscalization Terms, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the Irish Courts. Before referring the dispute to court, you and us will endeavour to resolve the dispute by amicable negotiations.