General Terms and Conditions

This text has been automatically translated and is for illustrative purposes only. Only the german text is valid. Click here for the german general terms and conditions.

1. Scope of application

These GTC apply to all legal relationships between the main user, the trusted third parties (together “users”) and finBalance that arise from the conclusion of the contract and the use of the platform. They define the rights and obligations when using the Platform, in particular with regard to uploading, saving and managing data and documents.

2. Service description

a. finBalance provides a digital platform for the secure storage and management of data and documents.

b. A main user is a person who registers on the platform and creates and manages a digital care file there (“care function”). By default, only the main user is able to view and access this care file, but it is possible to grant access to selected trusted persons.

c. Trusted persons are persons who are registered on the platform and are granted access to a digital pension file of a main user via this account (“trusted function”).

d. If a user is both the main user and a trusted person of another main user, they can switch back and forth between these roles in their account and thus between the precautionary and trust functions. It is not necessary to create a separate second account.

e. finBalance reserves the right to expand, restrict or adapt the functional scope of the platform. Users will be informed of such changes in good time and are obliged to familiarize themselves with the relevant information. It should be noted that new functions may affect existing access rights.

3. Registration and user account

a. Registration is required to use the platform.

b. Users undertake to provide only correct and complete information and to update this immediately in the event of changes.

c. Users are obliged to keep their access data safe and to protect it from unauthorized access. Transferring their own account to third parties is not permitted.

4. Trial period and fee-based use

a. The use of the prevention function is generally subject to a charge.

b. Use of the trust function is free of charge unless the trusted person is also the main user within the meaning of point 2.b.

c. finBalance grants users a free trial period of eight weeks for the precautionary function. At the end of this period, the retirement planning function is switched to passive mode. In this mode, the user can only view and/or download these saved documents. The user has the choice of continuing to use the precautionary function for a fee or terminating it. If the user does not switch to a fee-based model within four weeks, all stored data and documents will be automatically removed from the personal account, as will the access rights granted and the trusted persons created for their care file.

d. For the avoidance of doubt: If both a precautionary function and a trusted person function have been set up within an account, the trusted person function will continue to exist even after the precautionary function has been terminated.

5. Rights of use and access to the documents

a. The user retains all rights to the documents uploaded by him.

b. To share the digital pension file with trusted persons, the main user creates trusted persons in their personal account and assigns these trusted persons individual access rights (see c. for details). The trusted third parties then receive invitation e-mails which they can use to create their own account. In the event that the trusted person is already a main user within the meaning of point 2.b., they will only be asked whether they accept the trust function. The use of the trust function is only possible after the creation of an own account or confirmation of the use of the trusted person. Access is then possible in accordance with the authorizations defined by the main user.

c. The user assigns the trusted persons to a circle of trust. The individual circles of trust are staggered and have graduated access rights. The innermost circle includes persons with the highest level of trust and extensive access rights, while circles further out receive correspondingly more restricted authorizations. The assigned rights range from comprehensive read, change and delete access to restricted read-only access. The access rights granted remain in place as long as the respective assignment exists.

d. The responsibility for the correctness of the access rights granted lies with the main user.

e. Every access to the documents is documented and can be viewed by the main user.

6. Responsibilities and obligations of the user

The user is responsible for ensuring that the data uploaded by him/her does not infringe any third-party rights and complies with the law. The user is obliged to regularly check and update the uploaded data.

7. Liability

a. finBalance is only liable for intent and gross negligence. Liability for loss of data, technical faults or damage caused by the use of the platform is excluded to the extent permitted by law.

b. finBalance merely provides the technical infrastructure and assumes no liability for the content and accuracy of the uploaded data.

c. The amount of finBalance’s liability is limited to typical contractual damages that were foreseeable in their nature and scope at the time the contract was concluded and do not exceed the value of the remuneration paid in the last twelve months prior to the damaging event.

8. Termination

a. The contract term for the pension function is one, two, five, ten or 25 years, depending on the model. At the end of the respective term, the contract is automatically extended by one year each year unless the main user terminates the contract before the end of the current term.

b. Users can delete their account at any time without giving reasons; pro rata refunds are excluded.

c. finBalance reserves the right to block or delete accounts in the event of violations of these GTC. Pro rata refunds are also excluded in this case.

9. Miscellaneous

a. finBalance reserves the right to amend these GTC at any time. By continuing to use the platform after the amendment, the user declares his agreement to the amended conditions.

b. Should any provision of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the provision in question. The same applies to any loopholes.

c. The applicable law is German law to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from the use of the platform is Berlin.