Terms of Service
1. Scope, businesses only (B2B)
These terms govern the use of the software and services provided by Tat Welle Tech GbR, Plauener Straße 22, 38444 Wolfsburg, Germany. The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are excluded. During registration the customer confirms that the contract is concluded in the exercise of their commercial or independent professional activity. Deviating terms of the customer do not apply unless we expressly agree to them in text form.
2. Conclusion of contract and trial period
The presentation of plans on our pages is not a binding offer. The contract is formed when the customer completes registration, selects a plan and confirms the order, and we provide access. Where a free trial is offered, the paid subscription starts only after the trial ends; the customer can cancel at any time before the trial ends at no cost. The contract language is German; the contract text is stored and made available to the customer with the confirmation.
3. Services and availability
We provide web-based business software as Software-as-a-Service. The scope of functions follows from the booked package and the service description at the time of ordering. We aim for high availability but do not owe uninterrupted accessibility; announced maintenance windows and circumstances beyond our control remain reserved. We may develop the software further as long as its contractual use is not materially impaired; we give timely notice of material changes.
4. Account and access
Access credentials must be kept confidential and must not be passed on to third parties. The customer is responsible for all actions taken through their account insofar as they are attributable to the customer. The customer names the persons acting on their behalf and keeps this up to date in the account. Suspected misuse must be reported to us; we may temporarily block access on justified suspicion.
5. Prices and payment
The fee of the booked plan is due in advance, monthly or yearly depending on the selected billing period. All prices are net plus statutory VAT. Payment is made through the payment methods offered in the order process (currently credit card and SEPA direct debit through our payment provider Stripe). Set-off is permitted only with undisputed or legally established claims; a right of retention exists only insofar as it is based on the same contractual relationship.
6. Default of payment and suspension
If the customer defaults on payment, we may, after an unsuccessful payment request with a reasonable deadline, suspend access to the software until the outstanding amount is settled. The customer’s data is preserved during the suspension. The obligation to pay the agreed fee remains unaffected by the suspension. The right of extraordinary termination under section 8 remains reserved.
7. Term, renewal and ordinary cancellation
The contract runs for the booked billing period (monthly or yearly) and renews for the same period unless cancelled in time. Monthly subscriptions can be cancelled with two weeks’ notice to the end of the billing month, yearly subscriptions with three months’ notice to the end of the contract year. If notice is received later, it takes effect at the end of the following period; the confirmation states the actual termination date. If the customer requests a date earlier than the earliest possible date, the earliest possible date applies; the confirmation says so explicitly. Access remains until the end of the contract. Cancellation is possible in text form, in the customer account and through the public button "Verträge hier kündigen".
8. Extraordinary termination
The statutory right of both parties to terminate for an important reason (§ 314 BGB) remains unaffected. If the important reason consists of a breach of contract, termination is generally permitted only after a remedy period or a warning has passed without success, unless dispensable under statutory law. The customer states the reason with the declaration; validity and the effective date are reviewed and communicated to the customer. An extraordinary termination is not deemed valid merely because this form was chosen.
9. Refunds
In the case of ordinary cancellation there is no claim to a pro-rata refund of fees already paid for the current billing period; the customer can continue to use the software until the end of the contract. In the case of a valid extraordinary termination, any refund depends on the reason for termination, the services already provided and statutory law; it is determined and recorded case by case. A blanket full refund is not promised. Mandatory statutory claims remain unaffected.
10. Customer data and cooperation
Data entered by the customer remains the customer’s property. The customer is responsible for the accuracy and lawfulness of their content and for compliance with the retention obligations applicable to them under commercial and tax law (§§ 146, 147 AO, § 257 HGB). Export functions are available during the contract term, including an export of the bookkeeping data in machine-readable form (GoBD/GDPdU). The customer regularly backs up their data by export on their own responsibility.
11. Data export and deletion after the end of the contract
After the end of the contractual relationship the customer has a period of 30 days to export the data stored in TWT One in a common, machine-readable format through the export function provided for this purpose. After this period the customer account is deactivated. Data whose further storage is not required by statutory retention obligations or another legally permissible reason is deleted within a further 30 days. Data that TWT is obliged to retain under statutory provisions, in particular documents and accounting data relevant under tax and commercial law, is stored for the applicable statutory retention periods. After the respective retention period has expired, this data is deleted unless another legal basis for further storage exists.
12. Confidentiality
Both parties treat confidential information of the other party as confidential and use it only to perform the contract. The duty does not apply to information that is publicly known, lawfully obtained from third parties or independently developed, and it continues for two years after the end of the contract. Statutory secrecy obligations remain unaffected.
13. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. In cases of slight negligence we are liable only for the breach of an essential contractual obligation, limited to the damage typically foreseeable for this type of contract. For loss of data in cases of slight negligence we are liable only up to the effort that would have been required for recovery with proper and regular data backups by the customer. Any further liability is excluded.
14. Data protection and processing
Where we process personal data on behalf of the customer, this is done under a data processing agreement pursuant to Art. 28 GDPR and only on the customer’s documented instructions. We take appropriate technical and organisational measures to protect the data; processing takes place in data centres in Germany. Transmissions to the tax administration (such as VAT advance returns via ELSTER) are made exclusively at the customer’s instigation; in doing so we act as data transmitter within the meaning of § 87d AO. Details are set out in the privacy policy.
15. No tax or legal advice
The portal supports compliance with invoicing and bookkeeping requirements but does not constitute tax or legal advice. The customer and their tax adviser remain responsible for the legal and tax assessment of the individual case.
16. Changes to these terms
We may change these terms with effect for the future where this is necessary for valid reasons and does not unreasonably disadvantage the customer. We announce changes in text form at least six weeks before they take effect. If the customer does not object within one month of receiving the announcement, the changed terms are deemed accepted; the announcement points this out. In the event of an objection, either party may terminate the contract as of the date the change takes effect.
17. Place of jurisdiction
For all disputes arising from or in connection with the contractual relationship, the place of jurisdiction is Wolfsburg, Germany, to the extent permitted by law.
18. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should individual provisions be or become invalid, the remainder of the contract remains effective; the statutory provision takes the place of the invalid one.
Special conditions for TWT Kasse
These conditions apply to contracts for TWT Kasse. They supplement the general terms above and take precedence over them where they govern prices, terms and the TSE differently. The German version is binding.
K1. Scope
The services of TWT Kasse are offered exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law.
By concluding the contract, the customer confirms that they use the services for their commercial or independent professional activity.
K2. Prices and tariffs
The prices of the current price list (annex) apply. All prices are net plus the statutory VAT.
Fees are charged per register (till workstation / POS unit). They consist of the software fee and the fee for the TSE module.
When concluding the contract, the customer chooses between the monthly tariff and the annual tariff. The annual tariff has a reduced software fee; the fee for 12 months is charged in advance.
Registers added during a running billing period are charged pro rata until the next billing date.
K3. Setup fee
On the monthly tariff, a one-time setup fee according to the price list is charged for every newly set-up register. It is due with the first invoice.
There is no setup fee on the annual tariff.
If the customer switches from the monthly tariff to the annual tariff within 3 months of the setup, a setup fee already paid is not refunded.
The setup fee is not refundable, not even in the case of early termination.
K4. Contract term and termination
Monthly tariff: the contract for the software runs for an indefinite period. Either party may terminate it with a notice period of one month to the end of a month.
Annual tariff: the term is 12 months from the start of the contract. The contract renews automatically for a further 12 months each time unless it is terminated with a notice period of one month to the end of the respective term.
Switching from the monthly tariff to the annual tariff is possible at any time; the 12-month term begins with the switch. Switching from the annual tariff to the monthly tariff is possible only at the end of the annual term.
The minimum term of the TSE module (K5) is not affected by a termination of the software.
The right to terminate extraordinarily for good cause remains unaffected. Terminations must be made in text form.
K5. TSE module and minimum term
To meet the requirements of § 146a AO and the KassenSichV, TWT provides a certified cloud TSE of a third-party provider for every register (TSE module). Operating the TSE is mandatory for every active register.
The TSE module has a minimum term of 12 months per register from activation. This applies regardless of the software tariff chosen, i.e. also on the monthly tariff.
After the minimum term, the TSE module continues for an indefinite period and can be terminated with a notice period of one month to the end of a month.
If the customer terminates the software or individual registers before the end of the TSE module's minimum term, the fee for the TSE module remains owed until the end of the minimum term. TWT may continue to charge the outstanding monthly fees monthly or combine them in a final invoice.
The customer remains responsible for fulfilling their tax obligations, in particular for reporting the register to the tax office under § 146a (4) AO, issuing receipts and keeping records. TWT provides the technical functions for this.
K6. Signature allowance (fair use)
The fee for the TSE module includes up to 20,000 TSE signatures per register and calendar month.
If a register exceeds this allowance in a calendar month, TWT charges an additional fee for that register and month according to the price list (currently €7.85 net per register and month).
TWT informs the customer in text form as soon as a register reaches 80 % and 100 % of the monthly allowance.
K7. Payment terms and default
On the monthly tariff, fees are charged monthly in advance, on the annual tariff annually in advance. Invoices are due immediately without deduction.
Payment is made by SEPA direct debit or bank transfer. The customer bears the costs of a return debit for which they are responsible.
If the customer is in default with an amount of at least one monthly fee, TWT may restrict access to TWT Kasse after an unsuccessful reminder with a deadline of 14 days.
Even during a restriction, the customer can export the register data (in particular the DSFinV-K export and the archive) at any time, so that they can meet their statutory recording and retention obligations.
The obligation to pay the fees continues during a restriction.
K8. Price adjustment
TWT is entitled to adjust the fees appropriately if the costs of providing the service change. These include in particular fees of third-party providers (e.g. for the TSE), hosting and infrastructure costs and costs arising from new legal requirements.
TWT announces a price adjustment in text form at least 6 weeks before it takes effect.
On the annual tariff, the agreed price applies until the end of the current annual term; an adjustment takes effect only from the next renewal.
In the case of a price increase of more than 5 %, the customer may terminate the contract within 4 weeks of receiving the announcement, effective from the date the change takes effect. The minimum term of the TSE module is not affected. TWT points out this right in the announcement.
If the costs under paragraph 1 decrease, TWT passes this on to a reasonable extent.
K9. Data export and retention at the end of the contract
After the end of the contract, the customer can export their register data for another 90 days, in particular in the DSFinV-K format, together with the archived receipts and TSE exports.
The statutory retention obligations lie with the customer. The customer is responsible for backing up their data in good time before the export period ends.
After the export period, TWT deletes the data unless TWT is legally obliged to keep it longer.
Annex: TWT Kasse price list
All prices net plus statutory VAT, per register.
| Service | Monthly tariff | Annual tariff | Term |
|---|---|---|---|
| Till software | €20.99/month | €18.99/month (€227.88/year, in advance) | Monthly: 1 month notice · Annual: 12 months, renews |
| TSE module | €9.99/month | €9.99/month (€119.88/year) | 12 months minimum term per register |
| Setup fee | €99.00 once | none | – |
| Signatures above 20,000/month | €7.85 per register and month | €7.85 per register and month | only in the month concerned |
Total per register: €30.98/month on the monthly tariff, €28.98/month on the annual tariff.
This text is provided for information. Please have it reviewed by your legal adviser before relying on it.