Terms of use – WerkFlow

§ 2 Subject Matter and Description of Services

(1) The Provider makes the App available to the user via the Google Play Store. The App offers in particular the following functions:

• Creation, management and export (PDF) of quotes and of cost estimates (non-binding estimates of costs, as a new revision if the costs change)
• Creation of invoices, partial, final and cancellation invoices with sequential invoice numbers, as a PDF with an embedded e-invoice (ZUGFeRD / Factur-X, profile EN 16931) or as an XRechnung for public-sector clients
• Management of customer data
• Management of a material price list
• AI-supported analysis of photos, voice recordings and text descriptions for the automated creation of quote and cost estimate suggestions as well as invoice items and service descriptions for invoices without a prior quote
• Digital signature capture, including for the customer's acceptance of a quote
• Order confirmations with proof of when and how the customer accepted; for contracts with consumers concluded off business premises or at a distance, including the official model withdrawal notice and model withdrawal form (Annexes 1 and 2 to Art. 246a EGBGB)
• Free-form notes and dictation
• Export of the user's own data
• Support for a GoBD-compliant way of working (German principles for proper electronic bookkeeping): immutable archiving of sent quotes and invoices, change log, export for tax advisors and tax audits (ZIP archive according to the description standard for data provision, DATEV posting batch) and a template for the process documentation

(2) The App is offered as a free trial version (3 free AI quotes and 3 free AI invoices, no credit card required) and in paid subscription plans (“Solo”, “Small Business”, “Pro”). The range of functions of each plan is as shown in the App at the time the contract is concluded. In the trial version, the dictation function (speech to text) is tied to the respective quota: in quotes it is available as long as free AI quotes remain, in invoices as long as free AI invoices remain, and in notes until both quotas are used up. After that, dictation is blocked in the respective area without a subscription. With a subscription, dictation remains available everywhere, even after the monthly quota has been reached. An AI cost estimate counts like an AI quote. An AI analysis counts against the quota as soon as it delivers a result; this also applies if the user subsequently discards the result or does not save or send the document. If the analysis fails for technical reasons or the App detects that the description does not contain any billable service, it does not count, unless the user expressly chooses to continue the analysis anyway.

(3) The suggestions created by the App with AI support (material recognition, working time estimates, invoice items, service descriptions) are non-binding suggestions. The user is obliged to check all automatically generated information for accuracy and completeness before using it in a quote, a cost estimate or an invoice. The Provider gives no guarantee for the accuracy of AI-generated content. Prices mentioned in the description are adopted as net prices; prices described as gross are converted to net by the App using the tax rate stored in the profile.

(4) The Provider is entitled to adapt, extend or restrict the range of functions of the App in the course of technical development, provided this is reasonable for the user and the contractually agreed core scope of the respective service booked is maintained.

(5) The App supports a GoBD-compliant way of working; it is not a certified accounting system and replaces neither bookkeeping nor tax advice. Responsibility for the correctness of the records, for complete process documentation and for the account assignment in the DATEV export agreed with the tax advisor lies with the user.

§ 3 Conclusion of Contract, Registration

(1) Registration with a valid e-mail address and a self-chosen password is required to use the App.

(2) Upon completion of registration, a usage agreement for the free trial version is concluded between the user and the Provider.

(3) A paid subscription is taken out by selecting a plan within the App and confirming the purchase via Google Play Billing. Upon completion of the purchase via Google Play, the subscription contract is concluded between the user and the Provider. The Google Play Terms of Service apply in addition.

(4) The user is obliged to provide truthful information when registering and to update it without delay in the event of a change.

§ 4 Prices, Payment, Subscription, Cancellation

(1) The prices displayed in the App at the time the contract is concluded apply. All prices include statutory VAT, where applicable.

(2) Automatic renewal: Paid subscriptions renew automatically for the selected billing period (monthly) unless they are cancelled via the Google Play account settings at least 24 hours before the end of the current period.

(3) Cancellation: A subscription can only be cancelled via Google Play subscription management (Google Play Store → Subscriptions). The Provider itself has no direct access to the cancellation of the Google Play subscription.

(4) Payment processing: All payment processing takes place via Google Play Billing. At no time does the Provider obtain knowledge of the user's payment details (e.g. credit card numbers).

(5) In the event of non-payment or a chargeback of a subscription amount due, the Provider is entitled to block access to the paid functions until the outstanding amount has been paid.

(6) As the user is not a consumer (§ 1(2)), there is generally no statutory right of withdrawal under § 355 BGB. Any withdrawal or refund claims against Google Play are governed exclusively by the Google Play terms.

§ 5 User Obligations

(1) The user is solely responsible for all data entered in the App or processed via the App (in particular customer data, quote and invoice data, photos).

(2) When processing personal data of third parties (in particular their own customers) via the App, the user undertakes to comply with the applicable data protection regulations, in particular the GDPR. In relation to their own customers, the user is the controller under data protection law within the meaning of Art. 4(7) GDPR.

(3) When taking photos as part of the AI analysis function (e.g. on construction sites or in customers' homes), the user undertakes to ensure that no people or sensitive private documents are recognisably depicted, unless this is necessary for the provision of services and legally permissible.

(4) The user undertakes to keep their access data (e-mail, password) secret and to protect it from access by third parties. The Provider must be informed without delay if misuse is suspected.

(5) It is prohibited to use the App to create, store or distribute unlawful, offensive, discriminatory content or content that infringes the rights of third parties.

(6) The user is solely responsible for the accuracy of the content of the quotes and invoices they create and send to their customers (including prices, tax information and the mandatory information under § 14 of the German VAT Act (UStG)). The Provider does not check the content. This also applies to cost estimates: the user decides on the costs they quote to their customer and is responsible for notifying the customer without delay of an expected significant overrun (§ 649 of the German Civil Code (BGB)). The App's notices on this, such as the warning for an invoice that is more than 15% above the cost estimate, are a reminder and not legal advice. The App supports compliance with the mandatory information but does not replace tax advice.

(7) The statutory retention obligations for invoices, quotes and other business records (in particular § 147 of the German Fiscal Code (AO), § 257 of the German Commercial Code (HGB), § 14b UStG) apply to the user. Invoices, order confirmations as well as quotes and cost estimates that led to an order must be retained for 8 years, quotes and cost estimates without a subsequent order for 6 years; in each case, the period begins at the end of the calendar year in which the document was created. Until the end of the retention period, the App stores sent quotes, order confirmations and invoices in an immutable form: corrections are only possible via a cancellation invoice or a new quote version with a new number (for a cost estimate: a new revision with an appended revision number), and a sent document can only be deleted after the period has expired.

(8) After the retention period has expired, the Provider automatically deletes the affected documents, including PDF and e-invoice, on 31 March of the following year. From 1 October of the last retention year, the App points this out and offers the documents for download. If the retention period is extended in an individual case, for example due to a tax audit or an objection (§ 147(3) sentence 5 AO), the user must extend retention in the App in good time or back up the documents themselves beforehand. The Provider recommends additionally backing up the documents on a separate storage medium at least once a year via the export for tax advisors. Before cancellation or account deletion, the user must back up their records subject to retention themselves.

(9) The App does not replace legal advice. The user is solely responsible for complying with the information and notification obligations that apply towards their own customers. This applies in particular to contracts with consumers concluded off business premises or at a distance (§§ 312b, 312c BGB): such contracts carry a right of withdrawal, about which the user must inform the customer in accordance with Art. 246a EGBGB. For this purpose, the App provides the official model withdrawal notice and the model withdrawal form unchanged and adds the details from the company profile. Whether a right of withdrawal exists in an individual case follows from the information the user enters in the App, in particular whether the customer is a consumer and where the contract was concluded. The user is responsible for the accuracy of this information, for complete and up-to-date company details, and for ensuring that their customers receive the notice and the order confirmation in good time. The signature a customer provides in the App is a simple electronic signature; it does not replace any statutory written form.

§ 6 AI-Supported Functions

(1) The AI-supported analysis of photos, voice recordings and text descriptions is primarily provided via Google Gemini (paid plan). If Google Gemini is temporarily unavailable, the request is automatically forwarded to OpenAI (GPT-4o) as a technical fallback so that the function can continue to be used. Use of this function requires the separate consent of the user pursuant to Art. 6(1)(a) GDPR, which can be withdrawn at any time in the App settings.

(2) The results of the AI analysis are non-binding suggestions. The Provider accepts no liability for the accuracy, completeness or suitability of the AI-generated suggestions for the individual case.

(3) Further information on data transfer in the context of the AI analysis can be found in the App's privacy policy.

§ 7 Rights of Use

(1) For the duration of the usage agreement, the Provider grants the user a simple, non-transferable and non-sublicensable right to use the App in accordance with its intended function.

(2) All rights to the App itself (software, source code, design, trademarks) remain with the Provider or the respective rights holders. Reproduction, decompilation, modification or other use beyond the contractually agreed purpose is not permitted unless mandatorily permitted by law (e.g. § 69e of the German Copyright Act (UrhG)).

(3) Data entered into the App by the user (quotes, invoices, customer data, material lists, logos) remains the property of the user. The Provider processes this data exclusively to provide the contractually owed service.

§ 8 Availability, Changes, Maintenance

(1) The Provider strives to ensure that the App is available with as few interruptions as possible but cannot guarantee 100% availability. Maintenance work, technical faults or outages at third-party providers used (in particular Supabase, Google, OpenAI, RevenueCat, Resend) may lead to temporary restrictions.

(2) The Provider reserves the right to make technical adjustments to the App in the course of further development, provided this is reasonable for the user.

(3) In the event of significant changes to these Terms, the Provider will inform the user in text form (e.g. by e-mail or in-app notice) within a reasonable period before they take effect. If the user does not object within 6 weeks of receiving the notice of change, the amended Terms are deemed accepted. The user will be expressly informed of this effect in the notice of change.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence, in accordance with the provisions of the German Product Liability Act and in the event of injury to life, body or health.

(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the user may regularly rely, the Provider's liability is limited in amount to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) Otherwise, the Provider's liability for slight negligence is excluded.

(4) The above limitations of liability do not apply to claims arising from the breach of data protection regulations insofar as these are mandatory under the GDPR.

(5) The Provider accepts no liability for the accuracy of AI-generated content (§ 6(2)) or for content that the user enters into the App or sends to third parties via the App.

(6) For damage caused by disruptions, outages or data loss at third-party providers used (Supabase, Google, OpenAI, RevenueCat, Resend, Google Play), the Provider is only liable insofar as it is at fault in selecting or monitoring these service providers.

§ 10 Data Protection

Information on the processing of personal data in connection with the use of the App can be found in the separate privacy policy, which is available in the App under “Settings → Privacy Policy” and online.

§ 11 Term, Termination of the Usage Agreement, Account Deletion

(1) The usage agreement for the free trial version is concluded for an indefinite period and can be terminated by either party at any time without notice.

(2) Paid subscriptions run for the selected contract term (monthly) and renew automatically in accordance with § 4(2).

(3) The user can have their user account irrevocably deleted at any time via the “Delete Account” function in the App settings. Deletion permanently removes all associated data, including quotes and invoices. The user must back up records subject to retention themselves beforehand (§ 5(7) and (8)); for this purpose, the App offers an export of all years before deletion.

(4) The right of both parties to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular in the event of serious or repeated violations of these Terms by the user, in particular of § 5.

§ 12 Final Provisions

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

(2) If the user is a merchant within the meaning of the German Commercial Code, 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 (Isny im Allgäu).

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

(4) Amendments or supplements to these Terms require text form, unless the procedure under § 8(3) applies.

Contact

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

• SimplyNext
• E-Mail: info@simplynext.de
• Phone: +49 1743389049