Terms of Use for claritos

This is a translation for your convenience. The German version is the legally binding one.

Last updated: 12 September 2026

Section 1 Provider and scope

(1) The provider of the claritos software is NewEase AG, Bahnhofstrasse 1, 47574 Goch, Germany, registered in the commercial register of the local court of Düsseldorf under HRB 68709, VAT ID DE285711682, represented by Roland Wienen M.A. The chair of the supervisory board is Florian Wienen. You can reach us on +49 1573 5991747 and at info@newease.ag. claritos is a trademark of NewEase AG.

(2) These terms apply to the use of the software provided at claritos.io and its associated addresses, including all sub-areas, interfaces and additional services (hereinafter "claritos" or "the software").

(3) Terms of the customer that deviate from these do not become part of the contract, even if we do not expressly object to them. Deviations from these terms apply only if we have confirmed them in text form.

(4) claritos is made available exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. Section 19 sets out the details.

Section 2 Subject matter of the contract

(1) We provide claritos as software usable over the internet (software as a service). For the term of the contract, the customer receives the non-exclusive, non-transferable right to use the software through a browser to the agreed extent. The program code is not surrendered.

(2) Depending on activation, the range of functions comprises in particular: task and project management with delegation, time recording, contact and document management with automatic text recognition, double-entry bookkeeping with charts of accounts, open items and bank statements, invoicing from quote through order to invoice including electronic invoice formats, dunning, electronic signature, correspondence by email, post and SMS, forms, records for clients and patients, a builder for websites and funnels, a partner programme and a programming interface.

(3) The scope of services owed is determined by the range activated in each case. We owe a quality going beyond that only where we have promised it in text form. Statements in advertising, documentation or product descriptions do not constitute a guarantee of quality.

(4) We owe the provision of the software, not a particular commercial success from its use.

Section 3 Access and conclusion of contract

(1) Access to claritos is currently not open. A user account is created only if we have released the email address beforehand or issued an invitation. There is no entitlement to release.

(2) The contract comes into effect when we activate access and the customer first uses their account, at the latest upon our confirmation in text form.

(3) We may refuse release without stating reasons.

(4) Once packages are offered for self-service booking, the contract will come into effect upon confirmation of the order; the services and prices shown during the order process will then govern.

Section 4 User account, credentials and the customer's staff

(1) The customer keeps their credentials confidential and does not pass them on to third parties. If there is reason to believe that unauthorised persons have obtained knowledge of them, they inform us without delay.

(2) The customer may set up access for their own staff. They are responsible for ensuring that these persons comply with these terms and are answerable for their conduct as for their own.

(3) Actions carried out using the customer's credentials are attributable to them, unless they are not responsible for the unauthorised use.

Section 5 Fees

(1) In the current phase we provide claritos without a recurring fee, unless agreed otherwise. No entitlement to permanent free use arises from the free provision.

(2) Individually agreed fees follow from the respective agreement. All prices are exclusive of statutory value added tax.

(3) Once packages are introduced, the prices published at the time of the order will apply. We announce price changes in text form at least six weeks before they take effect; the customer may terminate the contract as of the date they take effect.

(4) Fees for services we pass on to third parties — postage for physical letters, charges for SMS or for qualified signature certificates, for instance — are shown separately and are owed even if the software is otherwise provided free of charge.

Section 6 Term and termination

(1) The contract runs for an indefinite period. Either party may terminate it in text form giving 30 days' notice to the end of a month.

(2) The right to terminate for cause remains unaffected. Cause exists for us in particular if the customer, despite a warning, materially breaches section 7.

(3) We may temporarily suspend an account if there is justified suspicion of misuse or if suspension is necessary to avert harm to us, to the customer or to third parties. We inform the customer without delay and lift the suspension as soon as the reason has ceased to apply.

Section 7 Obligations when using the software

(1) The customer does not use claritos in a manner that infringes applicable law, the rights of third parties or these terms. Prohibited in particular are: sending unsolicited advertising, uploading unlawful content, circumventing access restrictions, automated access on a scale that impairs operation, and attempts to reverse-engineer the program code.

(2) The customer is responsible for the content they place in claritos or send through it. If they send messages through the software, they must comply with the applicable rules, in particular the requirements on the permissibility of advertising and on recipients' consent.

(3) If the customer processes special categories of personal data — health data in client or patient records, for instance — they bear responsibility for the lawfulness of that processing and for compliance with professional confidentiality obligations.

(4) The customer indemnifies us against third-party claims based on a culpable breach of these obligations, including reasonable costs of legal defence.

Section 8 The customer's content and data

(1) All data the customer places in claritos or creates there remains their data. We acquire no rights to it beyond what is necessary to provide the service.

(2) The customer grants us the right to store, reproduce and process this data to the extent necessary for the operation of the software, for backup copies and for the agreed functions.

(3) We do not analyse the customer's content for our own purposes, in particular not for advertising, and do not pass it on to third parties unless a statutory obligation applies or the customer has consented.

Section 9 Availability and further development

(1) We endeavour to achieve high availability but do not owe a particular availability rate unless agreed otherwise.

(2) Periods during which the software is unavailable due to maintenance do not count as downtime, nor do disruptions outside our sphere of influence — failures of the internet, of upstream suppliers, or events of force majeure. We announce planned maintenance in advance where possible and schedule it for low-usage periods.

(3) We develop claritos continuously and may change, add to or replace functions as long as the contractually owed purpose is preserved. If a function is discontinued without replacement and is material to the customer, they may terminate the contract as of the date of the change.

Section 10 Data protection and processing on behalf of a controller

(1) Our privacy policy describes how we process personal data.

(2) Where we process personal data on behalf of the customer in the course of the use of claritos, the customer is the controller under data protection law and we are the processor. The details are governed by a data processing agreement pursuant to Art. 28 GDPR, which we make available to the customer on request; it takes precedence over these terms where it deviates from them.

(3) We engage sub-processors. They are named in the privacy policy and in the data processing agreement.

Section 11 Connection to third-party services

(1) claritos can be connected to third-party services, for instance to a Google account for sending emails from one's own mailbox, to payment providers or to postal service providers. The customer establishes this connection themselves by granting the respective access.

(2) The third party's own terms apply to their service in the relationship between the customer and that third party. We have no influence on the availability, functionality or terms of these services and do not owe them.

(3) If the customer connects their Google account, we use the data accessible through it exclusively for the function requested by the customer. The details, including the limited use statement under the Google API Services User Data Policy, are set out in the privacy policy. The customer may disconnect at any time in claritos and may additionally revoke access in the settings of their Google account.

(4) If a third party discontinues their service or changes its terms such that we cannot maintain the connection, we may end it. We inform the customer as early as possible.

Section 12 No legal, tax or accounting advice

(1) claritos is software. We do not provide legal advice, tax advice or assistance in tax matters within the meaning of the German Tax Advisory Act. The charts of accounts, booking suggestions, text modules, deadline calculations and evaluations contained in the software do not replace advice from a member of the tax or legal professions.

(2) The customer remains responsible for the accuracy of their bookkeeping, for compliance with record-keeping and retention obligations, for the propriety of their invoices and for the timely filing of returns.

Section 13 Automatically generated suggestions

(1) Individual functions generate suggestions by machine, for instance when reading documents, assigning bookkeeping entries, translating or drafting text. These suggestions may be incomplete or incorrect.

(2) The customer reviews machine-generated suggestions before adopting them, sending them or using them as the basis of their records. We assume no warranty for their accuracy.

Section 14 Electronic signature

(1) claritos supports electronic signatures at different levels. Which level is used in a given case and what evidential value it carries follows from Regulation (EU) No 910/2014 and from the specific arrangement of the process.

(2) Whether a transaction can validly be concluded in the chosen form — where statutory written form applies, for instance — is for the customer to assess. We owe the technical execution and the audit trail, not the validity of the signed transaction.

Section 15 After the end of the contract: release and deletion of data

(1) The customer may have their data released at any time during the term of the contract using the functions provided for that purpose. We recommend doing so in good time before the end of the contract.

(2) After the end of the contract we keep the customer's data available for retrieval for a further 30 days. We then delete it, unless a statutory retention obligation applies.

(3) The customer remains responsible for fulfilling their own commercial and tax retention obligations. They must ensure in good time that documents subject to retention are available in a form that satisfies those obligations.

Section 16 Warranty

(1) The law on leases applies to the provision of the software, unless agreed otherwise. Section 536a(1) BGB is excluded to the extent that it establishes strict liability for defects already present at the time the contract was concluded.

(2) The customer notifies defects without delay after discovering them and describes them in a way that allows us to reproduce them.

(3) Insignificant impairments of usability are disregarded.

Section 17 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have assumed.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely, our liability is limited in amount to the foreseeable damage typical of this type of contract at the time the contract was concluded.

(3) Otherwise our liability is excluded.

(4) We are liable for loss of data only to the extent that would have been necessary for restoration had the customer carried out proper and regular backups.

(5) The above limitations also apply to our legal representatives and vicarious agents.

Section 18 Changes to these terms

(1) We may change these terms where this is necessary to adapt to a changed legal situation, to supreme court case law or to a change in the range of functions, and where this does not unreasonably disadvantage the customer.

(2) We notify the change in text form at least six weeks before it takes effect and point out the right to object and its consequences. If the customer does not object before the change takes effect, the change is deemed accepted. If they object, either party may terminate the contract as of the date the change takes effect.

Section 19 Exclusively commercial use

(1) claritos is addressed exclusively to entrepreneurs within the meaning of section 14 BGB, to legal entities under public law and to special funds under public law. No contract is concluded with consumers within the meaning of section 13 BGB.

(2) On concluding the contract the customer confirms that they are acting in the exercise of their commercial or independent professional activity. We may request evidence of this, such as a trade registration, a register extract or the VAT identification number.

(3) If the customer uses claritos alongside their commercial activity also for personal purposes — to organise their private finances, documents or tasks, for instance — this does not alter the fact that the contract is concluded in the exercise of their commercial activity. These functions are available to them as part of the software; the contracting party is and remains the entrepreneur.

(4) If the customer acts as a consumer contrary to paragraph 2, we may terminate the contract for cause. Their claim to the release of their data under section 15 remains unaffected.

Section 20 Final provisions

(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, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Goch.

(3) The customer may transfer rights under this contract to third parties only with our consent. Consent may not be withheld without good cause.

(4) Should any provision of these terms be invalid, the remainder of the contract remains effective.