This is a translation for convenience. The German version of these Terms of Use is the legally binding one.
§ 1Scope, Provider
(1) These General Terms of Use (the “Terms”) govern the use of the software “Girovo” (the “Software”) in all its versions and through all distribution channels, in particular Google Play, GitHub, the Provider’s F-Droid repository and the desktop application for Windows and Linux.
(2) The Software is provided by MT-Media, owner Moritz Krug (the “Provider”). The Provider’s full details are given in the legal notice at https://girovo.de/en/legal-notice.
(3) A user within the meaning of these Terms is any natural or legal person who installs or uses the Software (the “User”).
(4) Deviating, conflicting or supplementary terms of the User do not become part of the contract unless the Provider expressly agrees to them in text form.
(5) The source code of the Software is additionally subject to the licence enclosed with it (PolyForm Perimeter License 1.0.1). Purchases made through Google Play are additionally subject to the Google Play Terms of Service.
§ 2Subject Matter
(1) The subject matter of these Terms is the provision of the Software for use on the User’s devices. The Software enables the User to access their accounts, retrieve account information and transmit orders to their account servicing payment service provider (the “Bank”) through the FinTS interface the Bank provides.
(2) The Software runs locally on the User’s device. Communication takes place directly between the User’s device and the Bank. The Provider operates no server through which the User’s credentials, account information or orders are routed or on which they are stored.
(3) The specific range of functions is that of the current version of the Software. Subject to § 7, there is no entitlement to a particular range of functions.
§ 3No Payment or Financial Services
(1) The Provider is neither a bank nor a payment service provider. The Provider provides no payment services, in particular no payment initiation services and no account information services within the meaning of the German Payment Services Supervision Act (ZAG), and at no time comes into possession of the User’s funds, personalised security credentials or account data.
(2) Orders are placed and authorised solely by the User towards their Bank. Their execution is the sole responsibility of the Bank.
(3) The contractual relationship between the User and their Bank, including the terms and duties of care agreed there, remains unaffected by these Terms.
(4) The Software is not an offering of any bank. There are no contractual or corporate ties between the Provider and the banks the Software communicates with.
§ 4Formation of the User Relationship, Requirements
(1) The user relationship is formed when the User agrees to these Terms on first starting the Software. Users who already used the Software before these Terms were introduced are asked for their agreement at the next start.
(2) Use requires that the User holds an account with a Bank that offers access via FinTS and has enabled it for the User.
(3) The User may use the Software only for accounts which they hold or over which they have the power of disposal or access.
(4) Persons with full legal capacity are entitled to use the Software. Persons with limited legal capacity require the consent of their legal representative.
§ 5Rights of Use
(1) For the duration of the user relationship, the Provider grants the User the simple, non-exclusive, non-transferable and non-sublicensable right to install the Software on their own devices and to use it as intended, for private purposes and for their own professional or commercial purposes.
(2) Further rights, in particular to reproduce, modify or distribute the Software, exist only to the extent granted by the licence under § 1 (5) or by mandatory law.
(3) All rights to the name “Girovo”, the logo and the design of the Software remain with the Provider. Names and marks of banks and other companies are marks of their respective owners.
§ 6Duties and Obligations of the User
(1) The User is obliged to check every order for correctness and completeness before authorising it, in particular the payee, IBAN and amount.
(2) The User shall keep their personalised security credentials (in particular PIN and TAN methods) secret and shall secure their device against unauthorised access in line with the state of the art, in particular by a device lock and an up-to-date operating system.
(3) The User shall use the current version of the Software as far as this can reasonably be expected.
(4) It is the User’s responsibility to back up, at reasonable intervals, the data they create in the Software (in particular notes, categories, templates and receipts). The Software provides a backup function for this purpose.
(5) The User may not use the Software abusively or in breach of applicable law.
§ 7Free of Charge, Paid Additional Features (“Girovo Plus”)
(1) The Software is provided to the User free of charge.
(2) In the version distributed through Google Play, the User may purchase paid additional features as a subscription (“Girovo Plus”). The price, term and renewal conditions are shown to the User in Google Play before the purchase.
(3) The subscription is purchased through Google Play in accordance with the Google Play Terms of Service. Under those terms, the contracting party for the purchase is Google Commerce Limited. Billing, renewal, cancellation and refunds, as well as the exercise of any statutory right of withdrawal, are handled through Google Play. The subscription may be cancelled in Google Play at any time with effect from the end of the current billing period.
(4) If an additional feature is discontinued without replacement during a paid billing period, the corresponding share of the fee is refunded.
§ 8Availability, Changes to the Software, Pre-release Versions
(1) The functioning of the Software depends on the availability and design of the respective Bank’s FinTS interface. The Provider owes neither the availability of that interface nor support for all banks or transaction types.
(2) The Provider is entitled to develop the Software further and, in doing so, to change, add or discontinue functions, provided this is reasonable for the User taking the Provider’s interests into account. § 7 (4) remains unaffected.
(3) Versions provided through the update channels for pre-release versions (currently “Nightly” and “Next”) are pre-release versions for testing. They may contain errors and are not intended for productive use. Use of these channels requires the transmission of usage data as described in the privacy policy.
(4) There is no entitlement to the Software being provided permanently.
§ 9Analyses, No Advice
(1) The Software produces automated analyses from the User’s transaction data, in particular categorisations, budgets, forecasts, the detection of recurring payments, tax-year overviews and answers to freely worded questions.
(2) These analyses may be incorrect or incomplete. They do not constitute tax, legal, investment or other financial advice and are no substitute for it. Only the data shown by the Bank is authoritative.
§ 10Warranty
(1) To the extent the Software is provided free of charge, the Provider is liable for material defects and defects of title only if the Provider fraudulently concealed the defect.
(2) Paid additional features are subject to the statutory warranty rights, towards consumers in particular Sections 327 et seq. of the German Civil Code (BGB).
§ 11Liability
(1) The Provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, for fraudulent concealment of a defect, within the scope of a guarantee given, and under the German Product Liability Act.
(2) To the extent the Software is provided free of charge, the Provider’s liability is otherwise excluded.
(3) For paid additional features, the Provider is liable for a slightly negligent breach of a material contractual obligation, the fulfilment of which makes proper performance of the contract possible in the first place and on which the User may regularly rely, limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.
(4) The Provider is not liable for circumstances within the Bank’s sphere of responsibility, in particular not for the availability of the interface, the correctness of the data transmitted by the Bank or the execution of orders authorised by the User.
(5) For the loss of data, the Provider is liable under the preceding paragraphs only to the extent the loss would also have occurred had the User backed up their data properly in accordance with § 6 (4).
(6) If the User is an entrepreneur within the meaning of Section 14 BGB, the Provider’s liability outside paragraph 1 is excluded for indirect and consequential damage, in particular for lost profit, business interruption and financial loss arising from incorrect, delayed or omitted orders and analyses. The entrepreneur shall check, on their own responsibility, the orders transmitted and analyses produced with the Software before using them for business purposes.
(7) The above limitations of liability also apply in favour of the Provider’s legal representatives and vicarious agents.
§ 12Data Protection
Information on the processing of personal data is given in the privacy policy, available at https://girovo.de/en/privacy. It is not part of these Terms.
§ 13Term, Termination
(1) The user relationship is concluded for an indefinite period.
(2) The User may end the user relationship at any time without notice by removing the Software from their devices. A running subscription must be cancelled separately in Google Play.
(3) The Provider may discontinue the provision of the Software with reasonable notice. § 7 (4) applies accordingly to billing periods already paid for.
(4) The right to terminate for good cause remains unaffected.
§ 14Changes to These Terms
(1) The Provider is entitled to change these Terms with effect for the future where this is necessary because of changes to the Software, the law or case law, and the User is not unreasonably disadvantaged by it.
(2) The changed version is shown to the User when the Software starts, before it takes effect. Continued use requires the User’s agreement to the changed version.
(3) If the User does not agree, the user relationship ends. In that case the User may terminate a running subscription extraordinarily; § 7 (4) applies accordingly.
§ 15Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer habitually resident in another Member State of the European Union, the mandatory consumer protection provisions of that state remain unaffected.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered seat.
(3) The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.