General Terms and Conditions (GTC) for the Use of the Test Version of XBillr

1. Scope of Application and Offer

(1) These General Terms and Conditions (GTC) apply to the free, time-limited use of the software "XBillr" (hereinafter referred to as "Software") provided by bqic GmbH, Limburgerstraße 74c, 04229 Leipzig (hereinafter referred to as "Provider").

(2) The Software is made available to the user free of charge for a limited test period up to 2026/12/31 from the date of first use (download or installation). This constitutes a gift subject to conditions within the meaning of §§ 516, 525 of the German Civil Code (BGB).

2. Conclusion of Contract

(1) By downloading, installing, or using the Software, the user submits an offer to conclude a usage agreement based on these GTC.

(2) The contract is concluded when the user expressly agrees to these GTC before first using the Software by clicking the "I accept" button or a comparable action and continues with the download or installation. The contract text (these GTC) is stored by the Provider. The user can view and print the contract text at any time via the "Help" or "About" function in the Software.

(3) Deviating terms and conditions of the user shall not apply unless the Provider has expressly agreed to their validity in writing.

3. Granting of Usage Rights

(1) The Provider grants the user, for the duration of the test period, the non-exclusive, non-transferable, and non-sublicensable right to install and use the Software in unmodified form exclusively for non-commercial testing and evaluation purposes.

(2) Any commercial use of the Software, rental, permanent duplication, or making it publicly accessible is not permitted.

(3) The user is not entitled to decompile, disassemble, reverse engineer, or otherwise derive the source code of the Software, unless this is mandatory under applicable law.

4. User Obligations

(1) The user is obligated to keep their access data (if required) confidential and protect it from access by third parties.

(2) It is prohibited to copy, modify, or create derivative works based on the Software or parts thereof, insofar as this is not legally permitted. Creating a backup copy is, however, permitted.

(3) The user must not use the Software in any way that violates applicable law or infringes upon the rights of third parties.

5. Termination and Data Deletion

(1) The right to use the Software ends automatically upon expiration of the test period, without requiring a separate notice of termination.

(2) The Provider is entitled to block test access at any time without stating reasons or to terminate the test period prematurely.

(3) After the test period expires, the user will immediately cease using the Software and uninstall it from their systems. The Provider may automatically deactivate the Software at a later point in time.

(4) Data entered or generated by the user during the test period (e.g., projects, settings) will be deleted after the test period expires. Restoration is not possible. The user is solely responsible for backing up their data in a timely manner.

6. Warranty (Disclaimer for Defects)

(1) The Software is provided to the user "as is" and without any warranty for its error-free nature, availability, or suitability for specific purposes.

(2) As the Software is provided free of charge, the Provider's liability for material and legal defects is governed by § 521 BGB (liability of a donor). The Provider is therefore only liable for defects that it has fraudulently concealed.

7. Limitation of Liability

(1) The Provider shall be liable without limitation for damages caused by intent or gross negligence on the part of the Provider, its legal representatives, or vicarious agents, as well as for damages resulting from injury to life, body, or health.

(2) Otherwise, the Provider's liability – regardless of the legal grounds – is excluded.

(3) The foregoing limitations of liability shall not apply to breaches of cardinal duties (essential contractual obligations). However, in the event of a breach of cardinal duties – unless intent or gross negligence is present – liability shall be limited to the contract-typical, foreseeable damage.

8. Copyright and Proprietary Rights

(1) All rights to the Software, including all copyrights, trademark rights, and other proprietary rights, remain with the Provider or its licensors.

(2) The copyright, trademark, or other proprietary rights notices contained in the Software must not be removed or altered.

9. Data Protection

The processing of personal data is carried out on the basis of the Provider's privacy policy.

10. Final Provisions

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

(2) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision (Severability Clause).

(3) Consumers within the meaning of § 13 BGB may appeal to the courts of their country of residence. This shall not affect the jurisdiction of the courts at our registered office for actions brought against the user.

Provider Identification (Imprint)

bqic GmbH
Limburgerstraße 74c
04229 Leipzig

Represented by the Managing Director: Jens Fischer
Commercial Register: Amtsgericht Leipzig, HRB 37728
VAT ID: DE335244487

Contact:
Email: info@bqic.de
Phone: +49 171-5115578