Terms of Use for Schuldnix

1. Introduction

Welcome to Schuldnix. These terms of use ("Terms") govern your access to and use of the Schuldnix application and services ("Service"), operated by Lutec Solutions GmbH ("we", "us" or "our").

By accessing or using the Service, you agree to these Terms. If you do not agree with any part of the Terms, you may not use the Service.

2. Definitions

• "Account" means a unique account created for you to access our Service.
• "Content" means data uploaded to the Service, including but not limited to expense information, group details and settlement details.
• "User" means any person who accesses or uses the Service.
• "Group" means a collection of users who manage and split expenses together.

3. Minimum age and eligibility

The Service is intended for people aged 16 or older. Minors may use the Service only where they are entitled to do so by law or with the consent of their legal guardians.

4. Account registration and security

4.1 Creating an account

To use certain features of the Service, you must register for an account. You must provide accurate, current and complete information during registration and keep this information up to date.

4.2 Account security

You are responsible for the security of the password you use to access the Service and for all activities or actions under your password. We recommend using "strong" passwords (a combination of upper and lower case letters, numbers and symbols) for your account.

4.3 Reporting security breaches

You must inform us without delay of any security breach or unauthorised use of your account. We are not liable for losses caused by unauthorised use of your account unless this results from a breach of duty on our part and our liability is mandatory under section 11.

5. User content

5.1 Ownership of content

You retain all rights to your Content, including expense information and group data, that you upload to our Service.

5.2 Licence

By uploading Content, you grant us a non-exclusive, worldwide, royalty-free licence, limited to the duration of the contract, to store, technically reproduce, process, back up, display and make this Content available within the relevant group, to the extent necessary to provide, secure and improve the Service.

Content is not published outside the groups you choose and is not used for advertising.

5.3 Sharing data in groups

Expenses and settlement details you create within a group are visible to all members of that group. Please keep this in mind when choosing what information to share in groups.

5.4 Content restrictions

You may not upload Content that:

• Infringes the intellectual property rights of others
• Contains personal data of third parties without their consent
• Is false, fraudulent or misleading
• Is illegal or promotes illegal activities
• Contains malware, viruses or other harmful code

6. Payments and settlement suggestions

Schuldnix is used to record and split shared expenses and to calculate balances and settlement suggestions. The Service itself does not make payments, hold funds or collect amounts, and is not a payment service provider within the meaning of the German Payment Services Supervision Act (ZAG).

Whether users actually make or accept a settlement payment shown in the Service is the responsibility of the users concerned. The calculations are based on the data entered by users; we do not check this information for accuracy.

The balances and settlement suggestions shown in the Service are for the private organisation of shared expenses. They do not constitute legal, tax or financial advice.

7. Acceptable use

7.1 Compliance with laws

You may use the Service only in accordance with applicable laws and these Terms.

7.2 Prohibited activities

In particular, you may not:

• Use the Service for illegal purposes
• Attempt to gain unauthorised access to any part of the Service or to other systems or networks connected to the Service
• Disrupt the Service or servers or networks connected to the Service
• Use the Service to store or transmit malicious code
• Use automated means to access the Service without our express permission
• Sell, trade, resell or use any part of the Service for commercial purposes

8. Termination and suspension

8.1 Termination by you

You can close your account at any time by following the instructions in the Service or by contacting our customer support.

8.2 Termination by us

We may terminate the user relationship with 14 days' notice to the end of a month in text form (e.g. by email).

Extraordinary termination or immediate suspension of your account without notice is only permitted for good cause. Good cause exists in particular if:

• you seriously or repeatedly breach these Terms,
• you use the Service abusively or to commit unlawful acts,
• your conduct endangers the security, stability or integrity of the Service or of other users,
• you provided materially false information when registering.

Before an extraordinary termination we will, where reasonable in the circumstances, point out the breach to you and give you the opportunity to remedy it.

8.3 Temporary suspension

We may temporarily suspend access to an account if there are concrete indications of unauthorised use, a threat to the security of the Service or a serious breach of these Terms. We will lift the suspension as soon as the reason for it no longer applies.

8.4 Effect of termination

On termination, your right to use the Service ends immediately. After the user relationship ends, we delete or anonymise your personal data in accordance with our privacy policy. Content and settlement data that form part of a shared group history may remain to the extent necessary to keep shared settlements traceable, to preserve the integrity of the group history, or to establish, exercise or defend legal claims.

9. Changes to the Service

We may develop, change or discontinue individual features of the Service where there is a valid reason and your legitimate interests are reasonably taken into account. Valid reasons include, in particular, security requirements, technical developments, changed legal requirements, preventing abuse, or the economic or technical unreasonableness of continuing to operate individual features.

We will inform you in good time of material changes that more than insignificantly impair your use of the Service. Your statutory rights remain unaffected.

We may discontinue the Service as a whole. In that case we will, where reasonable, inform you in good time in advance and allow you to export your Content within a reasonable period, unless there are compelling reasons against this.

10. Changes to these Terms

We may change these Terms where there is a valid reason, in particular changes in the law, case law, technical requirements, security requirements or the features of the Service.

We will inform you of material changes in good time by email or within the Service. Changes only take effect once you agree to them, where consent is required by law. If you do not agree to the changed Terms, we may terminate the user relationship with notice in accordance with section 8.

11. Liability

We are liable without limitation for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by us, our legal representatives or our vicarious agents, and for other damage caused by an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents.

Our liability for slightly negligent breaches of non-essential contractual obligations is excluded. For slightly negligent breaches of essential contractual obligations (cardinal obligations), meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely, liability is limited to the foreseeable damage typical for the contract at the time it was concluded.

The above limitations of liability do not apply to liability under the German Product Liability Act, where an express guarantee has been given, or for fraudulently concealed defects.

We recommend that you regularly make your own backups of your Content using the export functions provided in the app.

12. Availability and defects

We strive to operate the Service with the highest possible availability and without errors. However, we do not owe uninterrupted availability. Maintenance, technical faults, updates and force majeure events may temporarily restrict the Service or make it unavailable.

The Service is currently provided without payment of a price. Where mandatory statutory provisions on digital products, consumer protection or data protection apply, they remain unaffected. We do not give any further guarantee of quality unless it is expressly described as a guarantee. References to features in our communication or in the Service do not constitute a guarantee in the legal sense unless expressly stated otherwise.

Your statutory rights as a consumer remain unaffected.

13. Governing law

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another EU member state, the mandatory consumer protection provisions of that state remain unaffected.

14. Place of jurisdiction and dispute resolution

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms or the Service is Munich. For consumers, the statutory places of jurisdiction apply, in particular the courts at the consumer's place of residence.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

15. Severability

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory provisions.

16. Entire agreement

These Terms constitute the entire agreement between you and Lutec Solutions GmbH regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and Lutec Solutions GmbH.

17. Contact

If you have any questions about these Terms, please contact us at: