General Terms and Conditions

(1) These General Terms and Conditions apply to the use of the Honodo software-as-a-service platform (hereinafter “Platform”) by the respective contractual partner (hereinafter “Customer”).

(2) Conflicting or deviating terms of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in text form.

(3) The Provider is Honodo GbR, Lohwaldstr. 22, 86356 Neusäß, Germany (hereinafter “Provider”); full details can be found in the imprint.

(4) The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons and partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity – including self-employed sole practitioners and freelancers. Contracts with consumers (§ 13 BGB) are not concluded. By registering, the Customer confirms that it is acting as an entrepreneur.

(1) The Provider makes the Platform available to the Customer for use via the internet. The Platform serves to manage projects and clients, to create quotes and fee proposals, to carry out HOAI fee calculations, to create invoices (including interim and final invoices), to generate PDF documents and e-invoices (XRechnung, ZUGFeRD), to send documents by email via a mailbox stored by the Customer, and to keep a document history. The scope of functions described on the website at the time the contract is concluded is decisive; § 12 (1) remains unaffected.

(2) Use takes place exclusively online via an up-to-date web browser. The provision of software for installation at the Customer's premises is not owed.

(3) The Platform supports the preparation of calculations and documents. The technical, legal and tax review of the calculations and documents created is the responsibility of the Customer. The Provider does not provide legal or tax advice.

(4) The Platform offers optional interfaces to third-party programs (currently ERPNext, Odoo and clockodo). An interface is only used if the Customer sets it up itself and stores its access credentials. The Provider is not responsible for the availability, functionality and changes of the third-party programs; their use is governed by the terms of the respective third-party provider, with whom the Customer maintains its own contract.

(1) On request, the Provider provides pilot and trial accounts that it sets up itself. Payment details are not required for these accounts; a paid contract is only concluded here by express separate order. § 9 applies to self-registration via the website.

(2) In free trial operation, the Platform is provided without any commitment to a specific availability and without entitlement to the continued existence of individual functions. The Customer is advised to additionally save locally any documents created in trial operation whose loss would cause it harm; the Platform provides all generated documents as PDFs for download for this purpose.

(3) Either party may end trial use at any time without notice.

(1) Use requires the setting up of a tenant (firm) and personal user accounts. The data requested during registration must be provided truthfully and kept up to date.

(2) Access credentials must be kept secret and protected against access by unauthorised persons. User accounts are personal; passing them on to third parties or the simultaneous use of one account by several persons is not permitted. The Customer ensures that its users comply with these Terms.

(3) The Customer manages the roles and permissions of its users itself and is responsible for the permissions it assigns.

(4) In the event of a specific suspicion of misuse of an account, the Provider is entitled to temporarily block the affected access; the Customer will be informed of this without undue delay.

(5) The presentation of the Platform and the prices on the website does not constitute a binding offer. By completing the registration, the Customer submits an offer to conclude the user agreement; the contract is concluded when the Provider activates the access. The Provider confirms the conclusion of the contract by email; the version of these Terms applicable at the time the contract is concluded can be accessed on the website at any time.

(1) The Provider makes the Platform available at the transfer point (exit of the data centre). The Customer is responsible for its connection to the internet and the condition of its end devices.

(2) The Provider makes the Platform available with the care of a prudent businessperson and endeavours to ensure that it can be used with as few interruptions as possible. A specific availability is only promised if it has been separately agreed in text form. The Provider remedies faults within the scope of the warranty (§ 10).

(3) The Provider provides support by email to info@honodo.de and via the ticket system in the Platform on working days (Monday to Friday, excluding public holidays in Bavaria) during normal business hours. No specific response or resolution times are agreed unless separately promised in text form. Support covers questions on operation and the acceptance of fault reports, but no technical, tax or legal advice.

(4) The Provider may carry out maintenance work. Planned maintenance work is carried out outside normal business hours where possible and announced with reasonable notice.

(1) For the duration of the contract, the Customer receives the non-exclusive, non-transferable and non-sublicensable right to use the Platform for its own purposes.

(2) All rights to the Platform, its software, its database structures, trademarks and content remain with the Provider. No rights to the source code are granted.

(3) The Customer may use the documents it creates with the Platform (quotes, invoices, PDF and e-invoice files) for its business purposes without time limit.

(1) The content recorded by the Customer in the Platform (project, client, quote, invoice and document data) remains at the Customer's disposal. The Provider processes it exclusively for the performance of the contract.

(2) Insofar as the Provider processes personal data on behalf of the Customer, the data processing agreement pursuant to Art. 28 GDPR applies, which is available at www.honodo.de/en/dpa (German version: www.honodo.de/avv); it is agreed upon conclusion of this contract. Details of data processing can be found in the privacy policy.

(3) It is the Customer's responsibility to keep its own copies of essential documents — in particular issued invoices and e-invoice files — outside the Platform insofar as statutory retention obligations apply to it. For this purpose, the Platform provides all generated documents for download as PDFs or in the structured e-invoice format.

(1) The Customer is responsible for the accuracy, completeness and lawfulness of the data it records and the documents it creates, in particular for the correctness of fee calculations, quotes and invoices and their tax treatment.

(2) The Customer is in particular prohibited from: using the Platform in a way that impairs its operation, security or integrity (including circumventing access controls, automated mass access, introducing malicious code); uploading unlawful content or sending it via the Platform; using the email sending function for unsolicited advertising; making the Platform available to third parties outside its own business operations; and examining or circumventing security mechanisms without express written permission.

(3) In the event of serious or repeated violations, the Provider may block access after an unsuccessful warning — or without prior warning if there is imminent danger. The right to extraordinary termination remains unaffected.

(1) In the case of self-registration, paid use is preceded by a free trial period of 14 days; payment details are not required for this. The trial period ends automatically without the need for termination. Use only becomes subject to a fee when the Customer expressly concludes the contract in the Platform and grants the SEPA direct debit mandate. The contract variant pursuant to paragraph 2 that the Customer has chosen at this conclusion is decisive; the Customer may change the variant stated at registration at any time until then, without a contract being concluded as a result. If the Customer does not conclude a contract by the end of the trial period, its data is retained and remains readable; changes are only possible again after the contract has been concluded. If the contract is concluded after the end of the trial period, the obligation to pay begins on the day of conclusion. Paragraphs 8 and 9 apply to the redemption of a promotional code.

(2) Two contract variants are available:
a) Annual contract — minimum term 12 months, renewal by 12 months at a time, notice period 4 weeks to the end of the term.
b) Cancellable monthly — minimum term 1 month, renewal by 1 month at a time, notice period 2 weeks to the end of the term.

(3) The term and billing are measured in personal billing months. The first billing month and the term pursuant to paragraph 2 begin on the day after the end of the trial period or the promotional period pursuant to paragraph 8, provided that the Customer has already expressly concluded the paid subscription. In the case of a later conclusion, they begin on the day of that conclusion (reference date). Billing months with a discount pursuant to paragraph 9 count towards the contract term, even if the fee is reduced to zero euros by a 100 % discount. Each billing month ends at the end of the day before the corresponding calendar day of the following month. If a month does not have this calendar day, the billing month begins on the last day of the month; thereafter the original calendar day applies again. For example, if the contract term begins on 15 April, the first billing month runs until 14 May inclusive; a one-month term ends at the end of 14 May, a twelve-month term at the end of 14 April of the following year.

(4) In both variants, billing is monthly per billing month pursuant to paragraph 3; advance payment for longer periods is not owed. Each billing month is charged at the full agreed monthly fee; there is no pro rata billing. The amount of the fee depends on the licence booked by the Customer. The number of user seats booked is decisive for the price level; from the fourth user seat, the office base price including ten user seats applies. User seats beyond this can be booked individually or as a pack of ten; the pack of ten is cheaper than ten individual seats. A surcharge is charged for each additional location; additional locations do not change the price level and do not include additional user seats. The prices are shown transparently to the Customer in text form before the contract is concluded and before each extension. All prices are net plus statutory VAT. The prices of the chosen contract variant applicable at the time the contract is concluded are decisive; later changes to the price list only apply to existing contracts by separate agreement. In the event of a change of contract variant, the prices of the new variant shown at the time of the change apply. For contracts concluded before the introduction of personal billing months, paragraph 3 and the provisions on the billing period in paragraph 4 apply in the version agreed at the time the contract was concluded (end of term at the end of the calendar month, free partial month of entry, billing per calendar month).

(5) An extension of the licence takes effect immediately and is charged from the current billing month. A reduction of the licence and a change of contract variant take effect at the end of the respective current contract period; there is no pro rata refund. If they are initiated during the trial period or the promotional period, they take effect when the obligation to pay begins; the term pursuant to paragraph 2 is then governed from the outset by the newly chosen contract variant.

(6) Terminations must be in text form, e.g. by email to info@honodo.de; the Customer can also terminate via the termination function in the Platform. The right of both parties to extraordinary termination for good cause remains unaffected.

(7) After termination of the contract, access remains in place for 30 days for the purpose of data export; no further fees are charged during this period. Access is limited to viewing and downloading existing data; creating, editing and deleting data is not possible. The Customer can download its documents in the formats specified in § 7 (3). Access is then closed and the account initially archived. The firm data stored on the Customer's behalf is then deleted in accordance with the DPA. Archiving does not establish any further retention period. The Provider's own contract and billing documents are only kept for the statutory retention or legal prosecution required in each case and are deleted once this reason no longer applies. The Customer's own retention obligations remain unaffected; it must export and retain any required documents itself in good time.

(8) If the Customer redeems a valid promotional code during registration that grants free calendar months, a free promotional period replaces the trial period pursuant to paragraph 1. It comprises the number of calendar months stated for the promotional code before registration and begins on the day of registration. During this promotional period, neither the conclusion of a paid subscription nor payment details are required. It ends at the end of the day before the corresponding calendar day of the last promotional month; if this calendar day does not exist, at the end of the day before the last day of the month. The promotional period ends automatically without any fee being incurred; paragraph 1 applies accordingly. If the Customer concludes the contract, the obligation to pay begins on the day after the promotional period, or on the day of conclusion if it is concluded later; the term pursuant to paragraph 2 begins on this day, and paragraph 4 applies. The obligation to pay for licence extensions booked during the promotional period also only begins on this day.

(9) If a promotional code redeemed during registration grants a percentage discount, the monthly fee for the licence pursuant to paragraph 4 is reduced by the percentage stated for the promotional code before registration — for the number of billing months stated there or, where so stated, permanently. The discount applies to the first billing months from the reference date pursuant to paragraph 3 in the stated number; the period is shown with dates before registration. If the contract is concluded after the end of the trial period or the promotional period, the discount period also begins on the day of conclusion. After this start, the discount period is not postponed or extended because a billing month is not billed or billed late; a billing month reduced to zero euros by a 100 % discount also counts. Separately agreed one-off items are excluded. A change of contract variant or licence does not affect the discount period; the discount then relates to the fee applicable at the time. After expiry, the fee pursuant to paragraph 4 applies without discount.

(10) A promotional code can only be redeemed once per Customer and only during registration; several promotional codes cannot be combined. The promised benefits apply as they were displayed at the time of redemption; later changes to a promotional code only apply to new redemptions. Cash payment or offsetting is excluded.

(11) The Provider issues invoices electronically, usually by email. The fee is due per billing month and collected by SEPA direct debit on the basis of the mandate granted when the contract was concluded. The period for advance notice of the direct debit (pre-notification) is shortened to five calendar days; the notice may be given with the invoice. The Customer ensures sufficient funds. The Customer bears the costs of a returned direct debit for which it is responsible.

(12) If the Customer is in default of payment, the Provider may, after an unsuccessful reminder with a deadline of at least 14 days, temporarily restrict access to read-only access until the outstanding amounts have been settled; export of the Customer's data remains possible. Further statutory rights remain unaffected.

(13) The Customer may only set off undisputed or legally established claims. It may only assert a right of retention on the basis of claims arising from this contractual relationship.

(1) The statutory warranty rules of German tenancy law apply with the following proviso: the Provider's no-fault liability for defects already existing at the time the contract is concluded (§ 536a (1) alt. 1 BGB) is excluded.

(2) The Customer reports defects without undue delay and in a comprehensible manner and supports the Provider to a reasonable extent in analysing errors.

(1) The Provider is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, in the case of fraudulent intent and under the German Product Liability Act.

(2) In the case of simple negligence, the Provider is only liable for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

(3) For the loss of data, the Provider is only liable under the preceding paragraphs to the extent that the damage would also have occurred if the Customer had properly fulfilled its obligation under § 7 (3).

(4) Otherwise, liability is excluded. Insofar as the Platform is provided free of charge – for pilot and trial accounts (§ 3), during the trial period (§ 9 (1)) and during a promotional period (§ 9 (8)) –, the Provider, in deviation from paragraph 2, is only liable for intent, gross negligence and fraudulent intent; paragraph 1 remains unaffected.

(1) The Provider continuously develops the Platform and may change or add functions, provided that the agreed scope of services is essentially maintained and the change is reasonable for the Customer.

(2) Changes to these Terms are announced to the Customer in text form with reasonable notice and only apply to existing paid contracts if the Customer agrees to them.

The parties treat confidential information of the other party that becomes known to them in the course of the contract confidentially and use it only for the performance of the contract. Statutory disclosure obligations remain unaffected.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant (Kaufmann), 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 this contract is the Provider's registered office (Neusäß). The Provider is also entitled to bring an action at the Customer's general place of jurisdiction.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.