Alles lieber als Steuern.

Terms of use

Terms of Use taxfritz

I. Applicability

  1. These Terms of Use apply to the use of the information and services provided by taxfritz gmbh (hereinafter: “taxfritz”), free of charge and against remuneration respectively, on its website and/or corresponding app at www.taxfritz.ch (hereinafter: the “Information Service”). By using the Information Service, you accept the TAXFRITZ Terms of Use in effect at the time of use, which apply upon publication at www.taxfritz.ch or in the corresponding app.
  2. TAXFRITZ reserves the right to change these Terms of Use at any time. The Terms of Use are published in their current form. If the Information Service is used on a recurring basis, it is recommended that the Terms of Use be accessed on a recurring basis.

II. Description of the Information Service

  1. TAXFRITZ continuously provides legal and tax-related information (hereinafter "Information").
  2. TAXFRITZ is a fee-based platform for the annual preparation of the tax return.
  3. The platform provides different features like upload and download, archive, alerts, etc. in connection with the preparation of the tax return.
  4. TAXFRITZ reserves the right to restrict, discontinue or modify some or all of the Information and services provided by its Information Service at any time or to make such Information dependent upon the payment of a fee.

III. General terms regarding the use of the Information Service and the Information provided

  1. TAXFRITZ grants you a non-exclusive right to use the Information Service, which is limited to the time period when the Information is actually provided and the Intended Use. The “Intended Use” is to obtain the Information for your own private purposes and for the management of your private tax obligations.
  2. The use is not for commercial exploitation of the Information. The Intended Use does not include – and therefore expressly prohibits – copying some or all of the Information, using the Information to provide legal and tax-related data for private or commercial purposes or to create or expand one’s own databases or to provide an Information Service, and for all purposes that run counter to the interests of TAXFRITZ. In addition, any use of the Information Service that can damage, overload or otherwise impair the functionality of the Information Service and any use for illegal, unauthorized purposes or immoral purposes is not permitted.
  3. If there are copyright infringements, TAXFRITZ reserves the right to seek judicial relief and to file any necessary complaints with the competent law enforcement authorities.
  4. You must not interfere or disrupt the Information Service, servers or networks connected to the Information Service, including transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content, code or otherwise alter or interfere with the way any TAXFRITZ page is rendered or displayed in a user's browser or device.
  5. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Information Service, and that your use of the Information Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should always review these Terms of Use and any Updated Terms before using the Information Service. The Updated Terms will be effective at the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Information Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  6. You agree that you are responsible for all data charges you incur through use of the Information Service.
  7. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, sexually suggestive, or otherwise objectionable, endangering your well-being, disturbing or questionable photos or content via the uploading Service.
  8. You represent that all information you provide or provided to TAXFRITZ upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  9. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Information Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, nonpublic phone numbers or non-public email addresses.
  10. You must not create or submit unwanted emails, comments, likes or other forms of commercial or harassing communications to any TAXFRITZ users.
  11. Violation of these Terms of Use may, in TAXFRITZ´s sole discretion, result in termination of your TAXFRITZ account. You understand and agree that TAXFRITZ cannot and will not be responsible for the content posted on the Information Service and you use the Information Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for TAXFRITZ, we can stop providing all or part of the Information Service.
  12. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  13. TAXFRITZ reserves the right to modify or terminate the Information Service or your access to the Information Service for any reason, without notice, at any time, and without liability to you. You can deactivate your TAXFRITZ account by logging into the Information Service and applying the deactivation via the contact form. If TAXFRITZ terminates your access to the Information Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other uploaded content will no longer be accessible through your account.
  14. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms of Use.

IV Rights

  1. The TAXFRITZ and TAXHOUSE names and logos are trademarks of TAXHOUSE, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TAXHOUSE. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of TAXHOUSE, and may not be copied, imitated or used, in whole or in part, without prior written permission from TAXHOUSE. All material provided in the Information Service, unless it is the proprietary intellectual property of some third party, is the intellectual property of TAXHOUSE including specifically the aforementioned service marks, trademarks and/or trade dress as well as all copyright works, and you expressly acknowledge that none of such intellectual property shall be reproduced or used other than in accordance with these Terms of Use.
  2. Although it is TAXFRITZ 's intention for the Information Service to be available as much as possible, there will be occasions when the Information Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, TAXFRITZ reserves the right to remove any content from the Information Service for any reason, without prior notice.
  3. TAXFRITZ does not accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TAXFRITZ does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to transmit to us content, information, ideas, suggestions, or other materials, you further agree that your action of transmittal shall be deemed to be an assignment by you of all intellectual property rights therein to TAXFRITZ and that TAXFRITZ is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

V Warranty, Liability and Indemnification

  1. TAXFRITZ provides for the function and the operational readiness of the platform and its services.
  2. The user agrees to indemnify TAXFRITZ from all claims of third parties, based on the data stored by her/him, and to replace all related cost of TAXFRITZ based on possible rights violations by the user.
  3. TAXFRITZ is entitled to immediately close the accounts if a reasonable suspicion exists that the stored data is unlawful and / or violate the rights of third. A reasonable suspicion of an illegality and / or legal infringement is considered especially when courts, authorities and / or third provide TAXFRITZ with such informations.
  4. The Information Service, including, without limitation, TAXFRITZ content, is provided on an "as is" and "with all faults" basis. To the fullest extent permissible by law, neither TAXFRITZ nor its parent company, subsidiary companies, nor any of their employees, managers, officers or agents (collectively, the "TAXFRITZ parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Information Service; (b) user content; or (c) security associated with the transmission of information to TAXFRITZ or via the Information Service. In addition, the TAXFRITZ parties hereby disclaim to the extent permitted by applicable legislation all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
  5. The TAXFRITZ parties do not represent or warrant that the Information Service will be error-free or uninterrupted; that defects will be corrected; or that the Information Service or the server that makes the Information Service available is free from any harmful components, including, without limitation, viruses. The TAXFRITZ parties do not make any representations or warranties that the Information (including any instructions) on the Information Service is accurate, complete, being updated or useful. You acknowledge that your use of the Information Service is at your sole risk. The TAXFRITZ parties do not warrant that your use of the Information Service is lawful in any particular jurisdiction, and the TAXFRITZ parties specifically disclaim such warranties.
  6. By accessing or using the Information Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Information Service.
  7. To the extent that TAXFRITZ alludes to the informational offerings of third parties through links and other references, this does not mean that TAXFRITZ has made the informational offering of any such third party part of its own Information. TAXFRITZ does not check the informational offerings of third parties and TAXFRITZ does not endorse content and/or availability and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any informational offerings of third parties.
  8. TAXFRITZ disclaims all warranty and liability for any failures, interruptions, omissions, faulty data transfers or other disruptions or impairments of the channels of communication applicable to its Information Service caused by technical difficulties. In particular, the user is aware that TAXFRITZ must perform maintenance work for short periods of time, which can result in the temporary non-availability of the Information Service. Any liability on the part of TAXFRITZ and any other legal claims of the user against TAXFRITZ in this regard are expressly excluded.
  9. To the fullest extent permissible by law, under no circumstances will TAXFRITZ be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Information Service; (b) user content; (c) your use of, inability to use, or the performance of the information service; (d) any action taken in connection with an investigation by the TAXFRITZ parties or law enforcement authorities regarding your or any other party's use of the Information Service; (e) any action taken in connection with copyright or other intellectual property rights or owners; (f) any errors or omissions in the Information Service's operation; or (g) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the TAXFRITZ parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). To the fullest extent permissible by law, in no event will the TAXFRITZ parties be liable to you or anyone else for loss, damage or injury.
  10. You (and also any third party for whom you operate an account or activity on the service) agree to defend (at TAXFRITZ's request), indemnify and hold the TAXFRITZ parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Information Service or those conducted on your behalf): (i) your content or your access to or use of the Information Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by TAXFRITZ in the defense of any claim. TAXFRITZ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of TAXFRITZ.

VI Data protection and consent to use personal data

  1. When you access the Information Service, this may result in the use of cookies. A cookie is a text file with number codes, which is sent to your web browser and stored on the user’s device in order to make the Information Service more userfriendly, effective and safe. You can prevent this from happening by adjusting the settings on your device. The data obtained by TAXFRITZ through this means contains no personal references. TAXFRITZ uses this data for statistical and marketing purposes and to optimise its Information Service.
  2. On our website TAXFRITZ uses Google Analytics in order to constantly improve the site and/or identify errors. For this purpose certain data is stored such as the website visited, including its metadata, the internet pages referring to TAXFRITZ, the time at which the website was called up and the browser used. The data will be passed on and stored on a Google server. Google may pass the stored data to third parties, as far as this is legally required or as far as such third parties process the information on Google´s behalf. Google will not in any case connect your IP-address with other Google data. In order to exclude data aggregation and analysis by Google Analytics caused by your visit to this website, please configure your internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored. If you change your device or internet browser, you must set the exclusion again. TAXFRITZ points out that if you do so you may not be able to use the full functionality of the website respectively the application.
  3. TAXFRITZ reserves the right to use further analysis-programs of other providers. In this regard, TAXFRITZ will ensure that all data will be used only anonymized and a conclusion on a specific individual will be excluded. The analysis-programs can be deactivated at any time within the application in the settings.

 VII Applicable Law and Jurisdiction

  1. If you are using the Information Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and TAXFRITZ and govern your use of the Information Service, superseding any prior agreements between you and TAXFRITZ. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TAXFRITZ. Any purported assignment or delegation by you without the appropriate prior written consent of TAXFRITZ will be null and void. TAXFRITZ may assign these Terms of Use or any rights hereunder without your consent.
  2. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
  3. Violations of these Terms of Use will be prosecuted until legal remedies are exhausted.
  4. To the extent allowed by law, you agree that any claim you may have arising out of or related to your relationship with TAXFRITZ must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  5. These Terms of Use are governed by and construed in accordance with the laws of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods and any conflict-of-law rules under international private law.
  6. All disputes, differences of opinion and claims arising under these Terms of Use or relating to these Terms of Use, their violation, dissolution or invalidity shall exclusively be filed with a court with subject matter jurisdiction at the place where TAXFRITZ has its registered office.
  7. These Terms of Use in the original version are written in the German language. In the event of inconsistency regarding the translated version, the German version shall apply.

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