Terms and Conditions
Preamble
The following terms and conditions (the "Terms") govern your access and use of the Apps, and any content, products and services made available by Norman AI GmbH, Kolonnenstrasse 8, Berlin, Germany, 10827 ("Norman", "we", "us", "our") via (i) either of the Apps or (ii) any websites and applications operated by third party cooperation partners (collectively, the "Services") to the customer of Norman (the “Customer”, “you”, “your”). These Terms are available in English and German.
By using our App, you agree to be bound by these Terms Supplemental terms may apply to additional services, such as policies for an event, activity or campaign (the “Special Terms”). Any Special Terms will be disclosed to you in connection with the applicable additional services. Special Terms are in addition to, and shall be deemed a part of, these Terms.
1. Scope of Services
1.1. The Services of Norman comprise web and mobile applications (the “App“) and related services, which enable the Customer to prepare, file and submit their tax returns through the App, as well as to make use of further offers in financial matters and with regard to their tax returns.
1.2. For the calculation of a Customer‘s tax burden and any refund amount, the Customer may enter into a Service Agreement with Norman in accordance with Section 3 of these Terms and thereby prepare his/her tax return for submission via ELSTER, the digital portal used by the German tax authorities (“ELSTER”) using the Norman App (the “Service Agreement”). The preparation of the tax return takes place outside the App and only using the data provided by the Customer in the App. In the App, each Customer must provide certain relevant data and information necessary to prepare his/her tax return. Using this data, Norman will provide the Customer with a completed tax return via the App when the Customer clicks on "Submit to Finanzamt" in the App.
1.3. Norman also offers the Customer the option of authorizing Norman to submit the tax return to the tax authorities via ELSTER.
1.4. The App determines the Customer's tax burden based on the Customer's input and the current tax legislation. For the avoidance of doubt, Norman points out that an expected refund or a potential additional tax amount owed is only a non- binding calculation, but Norman does not provide any guarantee. The actual tax burden of the Customer is determined exclusively by the competent tax authority.
1.5. Notwithstanding the provisions in these Terms, none of Norman's services include or constitute services subject to authorization under the German Tax Consultancy Act (Steuerberatungsgesetz - StBerG) or the Legal Services Act (Rechtsdienstleistungsgesetz - RDG), nor does Norman claim to offer such services. The App is programmed in such a way that the calculation of the tax burden works fully automatically, with the provision that the Customer has the option of correcting input errors manually before the Customer authorizes Norman to submit the tax return to the tax authorities.
1.6. Provided that a Service Agreement is concluded, Norman will verify the identity of the Customer and his/her entered data, in compliance with the legal obligations. For this purpose, Norman uses an electronic identification system that enables each Customer to verify his/her identity by submitting a scan of a German identity card or other government identification documents reflecting the address. In addition, a Customer may be subject to further statutory notification and cooperation obligations.
2. Rights of use to the App
2.1. If these Terms are concluded between the Customer and Norman, Norman will create a customer account for the Customer immediately after the conclusion of the contract. The Customer is obliged to protect his/her user name and password from unauthorized access by third parties and to take appropriate measures in this respect.
2.2. Norman grants the Customer a free, non-exclusive, non-sublicensable, revocable and non-transferable right to use the App for personal use for the duration of the period of use (the "Right of Use"). The Customer is obliged not to use the App for purposes other than those agreed in the Terms and/or to misuse it. The Customer undertakes to refrain from any manipulation of the App.
2.3. The Right of Use applies to all updates, upgrades and new versions of the App. Norman reserves the right, without prior notice, to change any information in the App, including, but not limited to, revising and/or deleting features or other information. All rights, title and interest not expressly granted herein are reserved by Norman and/or Norman licensors.
2.4. The Customer may not modify, alter, adapt, reproduce, distribute, sublicense, reverse engineer, disassemble, create derivative works from, decompile or otherwise exploit the source code of the App. The Customer may not use any of the information provided in the App commercially or use the App for the benefit of another company. Norman reserves the right, in its sole discretion, to refuse service or terminate customer accounts if the Customer's conduct violates applicable law, these Terms or Norman's interests.
3. Service Agreement
3.1. By clicking on "Sign up" in the App, a Service Agreement is concluded between the Customer and Norman for the complete calculation of the Customer's tax burden and any refund amount as well as the provision of a completed tax return based on the Customer's entries.
3.2. The Customer owes Norman a recurring fee, excluding the statutory VAT, which is displayed in the App (the “Norman Fee”). If available, the Customer will be given
the choice between a Norman Fee due immediately ("Pay Now") and a Norman Fee due later ("Pay Later").
4. Intellectual Property
4.1. All content, (including logos, pictures, videos, graphics and text) related to the Services and published via the App is in particular protected as trademarks or protected by copyright and, as between you and Norman, is the sole property of Norman. You The Customer may not imitate, modify, use, reproduce, distribute, alter or otherwise use such content, whether for private or commercial purposes, without our prior written consent. Statutory provisions remain unaffected.
4.2. Norman does not claim ownership of the content that Customers provide to Norman (the "User Content"). Norman reserves the right to remove or disable access to any User Content without cause that, in Norman’s sole discretion, violates the terms of this agreement or compromises the integrity or security of the App or Services.
5. Data Privacy
You can view Norman’s Privacy Statement here.
6. Duties and Obligations of the Customer
6.1. It is an essential contractual obligation of the Customer that any information provided by the Customer to Norman is correct, accurate, current and complete, and that the Customer provides all necessary files, data and additional information immediately upon request.
6.2. The Customer is obliged to promptly notify Norman immediately of any changes or updates to his/her name, address, telephone number and e-mail address.
6.3. In addition, the Customer’s further obligations to cooperate in these Terms shall apply.
7. Liability and Warranty
7.1. Norman shall be liable without limitation in case of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed by Norman.
7.2. In the event of damage to property or financial loss caused by Norman due to slight negligence, Norman shall only be liable for damages arising from violation of material contractual obligations, and to the extent, such damages were foreseeable at the time of conclusion and typical for the contract. Material contractual obligations are those obligations, whose fulfilment enables the proper execution of the contract itself and on which the Customer may regularly rely. The foreseeable and contract-typical damage shall not exceed the contract value of one year.
7.3. As far as Norman provides Services without any fee, Norman shall only be liable according to sub-paragraph 1; sub-paragraph 2 shall not apply.
7.4. All further liability of Norman is excluded.
7.5. The above limitations of liability also apply to the personal liability of Norman's employees, representatives, organs and vicarious agents.
7.6. The Customer agrees to indemnify Norman and its representatives against all losses, liabilities, claims and damages of any kind arising out of or in connection with (i) any culpable violation by the Customer of these Terms or any statutory obligation in connection herewith or (ii) the Customer’s culpable infringement of any third party rights. Norman shall promptly notify the Customer in writing in the event of any such claim.
8. Right of Withdrawal of the Customer
As a consumer, the Customer is entitled to a right of withdrawal in accordance with the following provisions.
Revocation policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
Special note on the premature expiry of the right of withdrawal
The right of withdrawal also expires if Norman has completely rendered the service and has only started with the execution of the service after you have given your explicit consent and at the same time confirmed your knowledge that you lose your right of withdrawal when Norman has completely fulfilled the contract.
Declaration of revocation
To exercise the right of withdrawal, you must contact us at: Norman AI GmbH, Kolonnenstrasse 8, Berlin, Germany, 10827
E-Mail: compliance@norman.finance
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To: Norman AI GmbH, Kolonnenstrasse 8, Berlin, Germany, 10827
Email: compliance@norman.finance
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the following goods (*)/for the provision of the following service (*) - Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper) - Date
(*) delete if not applicable
9. Term and Termination of the Terms
9.1. All provisions in these Terms shall apply indefinitely to the use of and access to the App, unless otherwise agreed..
9.2. Norman and the Customer are entitled to terminate these Terms at any time with a notice period of ten business days. Unfulfilled Service Agreements and Platform Agreements are not affected by this.
10. Term and termination of the Service and Platform Agreement
10.1. The Service Agreement ends with the provision of the completed tax return by Norman and the full payment of the Norman Fee by the Customer.
10.2. Norman is entitled to terminate the Service Agreement and the Platform Agreement for the use of the Expert Service, in particular if the Customer intentionally or negligently breaches the obligations set out in section 6 of the Terms.
10.3. The right of Norman and the Customer to terminate for cause remains unaffected.
10.4. Notices of termination must be in text form.
11. Extrajudical Dispute Resolution
11.1. The European Commission hosts an online dispute resolution platform available at http://ec.europa.eu/consumers/odr/. Participation in such online dispute resolution is voluntary and Norman does not participate in this dispute resolution procedure.
11.2. In the event of a dispute between Norman and a Customer Norman will notify the Customer by e-mail of a consumer dispute resolution body, including their address and website, and provide a statement regarding its willingness to take part in such dispute resolution procedure.
12. Miscellaneous Provisions
12.1. Norman may amend these Terms, any policies or Special Terms relating to the Services (collectively, the "Provisions") from time to time. Such amended Provisions shall then apply to any new agreement concludes between Norman and the Customer.
12.2. If Norman intends to amend any or all provisions of an ongoing agreement with effect for the future, the following shall apply:
a) Subject to section 12.2. lit. b) and lit. c), in the event of a not insignificant change to these provisions that affects the Customer's rights under these Terms not only insignificantly, Norman will inform the Customer of the planned changes. If the Customer does not object within a period of 6 weeks or continues to access or use the services after expiry of the respective notification period, this constitutes the Customer's consent to be bound by the provisions in the amended version. Norman will inform the Customer in its notification about the right of termination, the deadline and the consequences of silence.
b) Section 12.2 lit. a) shall not apply to changes to either the subject matter of an agreement or any material obligation which would result in a material change to the contractual structure as a whole. In this case, Norman may offer the Customer to continue a contract with the amended provisions.
c) Norman also reserves the right to adapt or modify any Provisions with effect for the future, provided that:
(i) the changes or modifications are solely beneficial to the
Customer, or
(ii) the changes or modifications are necessary to comply with
applicable law, including but not limited to if the applicable law changes or to comply with a court judgment or order by a public authority;
(iii) the changes or modifications have no material impact on the functionality of the Services or are of a purely technical or organizational nature; or
(iv) Norman introduces new services or performances which require a description in the Provisions, unless this would be detrimental to the ongoing contractual relationship; in the latter case, subsection 16.2 lit. b) shall apply.
12.3. These Terms shall be governed exclusively by the laws of the Federal Republic of Germany, excluding application of the United Nations Convention on Contracts for the International Sale of Goods. The governing contractual language is German; this also applies to non-binding translations of these Terms.
12.4. Offsetting against counterclaims of the Customer is only permitted if these counterclaims are are undisputed or have been finally adjudicated by a court of competent jurisdiction.
12.5. Should individual clauses of these Terms be or become invalid in whole or in part, these Terms shall otherwise remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.