General Terms and Conditions FAST LANE

FAST LANE – now provides services based on these terms and conditions, which become part of the contractual agreement. The inclusion of conflicting or deviating terms and conditions is excluded, even if they are not expressly contradicted. Deviations from these terms and conditions are only valid if they have been contractually confirmed with immosecure. immosecure provides its services exclusively to businesses (hereinafter referred to as customers). The use of our services, including the use of trial and freemium access, is only permitted to businesses. Contracts with consumers are excluded. Consumer law provisions do not apply; their validity is hereby expressly contradicted.

1. Conclusion of contract

1.1. The presentation of the services in terms of functionality and price on the immosecure website does not constitute a legally binding offer, but rather a non-binding booking quotation. By clicking the checkout button ("Buy"/"Book with payment"/"Book free of charge" or similar), a binding booking is made subject to the stated terms and conditions. Confirmation of receipt of the booking follows automatically immediately after the booking is submitted and does not constitute acceptance of the contract. Acceptance occurs implicitly upon performance of the first act of performance. To the extent that immosecure uses third parties to fulfill its service obligations, these third parties do not become contractual partners of the customer. immosecure is entitled to refuse to conclude the contract without stating reasons. The contract text, including the General Terms and Conditions, is saved after conclusion of the contract and can be accessed by the customer.

1.2. Customers can add additional add-ons and modules to their existing plan. Adding add-ons and modules expands the scope of services of the previously purchased plan. The terms and conditions of the contract apply in this regard.

1.3. Customers can switch to a higher-value plan at any time (e.g., with a larger billing volume or range of features). At the time of the switch, the minimum contract term of the contract with the higher-value plan begins again; any amounts already paid for the remaining term of the previous contract with the lower-value plan will be credited.

1.4. Customers may also have the option to access additional services from third-party providers. For this purpose, they will be regularly redirected to these third-party providers' servers. Should additional charges arise for the third-party services, customers will be informed accordingly. Otherwise, the general terms and conditions and privacy policies of the third-party provider, if available, apply.

1.5. Any discounts and special conditions advertised on the FAST LANE website apply only to first-time bookings by new customers within the promotional period for the minimum contract term. In the event of an automatic contract renewal, a new follow-up contract is concluded without any further action on the part of the customer. The regular, previously announced prices valid at the time the follow-up contract begins, as well as the current General Terms and Conditions, apply to this new contract.

1.6. Discounts and special conditions on the FAST LANE website expressly do not apply to bookings made via so-called mobile apps for smartphones, tablets, or similar mobile devices. The prices and conditions applicable to bookings made via the aforementioned mobile devices are displayed within the apps.

2. Test phase

If a trial period is granted (e.g., "Try FAST LANE for free for 14 days..."), customers can extensively test the services for their suitability upon initial booking within the period specified in the offer. Third-party services may be excluded from the trial period. The test data will be deleted no later than 30 days after the end of the viewing or trial period. Revoking this deletion is not possible.

3. Subject matter of the contract | Scope of services

3.1. FAST LANE offers its services in various tariffs with different service scopes and options (add-ons and modules) to support accounting business processes and makes them available exclusively via the Internet (Software as a Service = SaaS). The specific functional scope of the services as well as the requirements for the hardware and software environment that must be met for proper use are specified in the respective offer. FAST LANE expressly reserves the right to modify the services and service scopes. Significant, contract-relevant changes will be announced no later than four weeks before they take effect by email to the administrative contact email address stored in the customer account or, while logged in, via dialog windows, e.g. (modal or pop-up). Customers may object to adverse changes, provided they deviate significantly from the agreed terms, within 14 days of receiving the notification of the change by email or in text form. If not objected to, the changes become part of the contract. The notification of changes will outline the consequences of the objection. In the event of a timely objection, FAST LANE is entitled to terminate the contract with one month's notice to the end of the calendar month by email or text form. If services or add-ons/modules are provided free of charge, FAST LANE is entitled to discontinue them at any time without notice and without prior notice. This does not give rise to any claim for a reduction in price, reimbursement, or damages. In the event of a fundamental change in legal or technical standards, immosecure is entitled to terminate the contract for good cause if the change makes it unreasonable for FAST LANE to provide the services in whole or in part within the scope of the contract's purpose.

3.2. As part of the service obligation, storage space on central servers is also provided, on which the generated and processed data can be stored for the duration of the contractual relationship. Archiving of the data in accordance with commercial and tax law retention periods is included in the scope of services for the duration of the contract. Data that violates legal provisions or infringes on third-party intellectual property rights, copyrights, or other rights of third parties may not be stored on FAST LANE's servers. Furthermore, storage is only permitted to the extent customarily necessary for the use of the services.

3.3. The service transfer point is the router exit to the Internet of the data center used by FAST LANE. Customers are responsible for connecting to the Internet, providing or maintaining the network connection to the data center, and procuring and providing network access components for the Internet on the customer side.

3.4. The services are also available outside of service hours (365 days a year, 24 hours a day). If, for urgent, unavoidable technical reasons, maintenance work is exceptionally required during service hours, resulting in the services being unavailable during this time, notification will be sent in advance, if possible, by email to the administrative contact email address stored in the customer account for such cases.

The following service levels apply:

Support staff service hours: Mon. - Fri. 8:00 a.m. to 6:00 p.m.; the public holiday regulations of Baden-Württemberg apply.
Maintenance times: Planned maintenance work that requires an interruption of operation will be carried out outside of service hours, as far as technically possible
Availability during service hours: min. 99.9% on an annual average, whereby planned or necessary maintenance work is excluded from the availability calculation if it has been announced in advance.

3.5. The analysis and correction of documented, reproducible errors will be carried out by regularly trained, expert personnel. No guarantee is given for the success of error correction. An error, as defined by these Terms and Conditions, is any malfunction reported by a customer that results in a negative deviation from the agreed-upon target functionality and (i) this has a more than insignificant impact on the usability of core functionalities or results in the corruption/loss of data processed with or generated by the Service.

3.6. If a malfunction cannot be reproduced, it shall not be considered a defect. In this case, the contracting parties shall jointly coordinate the further course of action.

3.7. Any errors that occur must be reported immediately, along with a detailed description of the problem. Reports should be sent via email if possible. Error reports can be received in person Monday to Friday from 8:00 a.m. to 6:00 p.m.

3.8 Support services are not owed

for errors resulting from unauthorized modifications or adjustments to the Services;
for third-party software used on customer systems;
for errors resulting from operating errors or improper or unauthorized use of the Services;
in the event of any hardware defects;
when using the Services on hardware and operating system environments other than those specified;
in the form of on-site deployments by immosecure employees.

4. Customer cooperation

In order to fully provide the contractual services, the cooperation of the customer is required; this cooperation includes, in particular, the following activities:

When using the services, all applicable laws and other legal regulations must be observed. It is prohibited to transfer data or content to immosecure servers that violate legal regulations or infringe on third-party intellectual property rights, copyrights, or other rights.
In the event of an error message, all information relevant for troubleshooting (e.g. documentation, logs) must be included;
Customers are obliged to regularly participate in appropriate product training (where offered) or to otherwise acquire the necessary knowledge to use the services;
Neither software nor other techniques or procedures may be used in connection with the use of the Services that are likely to impair their operation, security, or availability; accordingly, only data that is free of computer viruses or other malicious code may be transmitted;
When using our interfaces (e.g. retrieving data, sending invoices), please ensure that they are only used to the extent usual. In the event of excessive use of the interfaces, we reserve the right to block corresponding requests without prior warning.

5. Customer account; access to the services

5.1. Registered customers can perform all activities (managing orders, changing addresses and payment methods, adding/deleting users, checking account balances, downloading invoices, etc.) themselves via their customer account within the Services.

5.2. Use of the services requires mandatory registration. Registration of a legal entity may only be performed by an authorized natural person, who must be named. FAST LANE may refuse registrations.

5.3. Customer access to the service is password-protected. Customers are obligated to keep access data and passwords confidential and to protect them from misuse by third parties. In this context, FAST LANE employees are not authorized to request passwords by telephone or in writing. When choosing a password, generally accepted rules should be observed (length and complexity of the password). Password changes are only possible online within the customer account. Customers must immediately report the loss of access data or passwords, or any suspicion of misuse of these data. Furthermore, FAST LANE is entitled to block access to the service in the event of suspected misuse. Customers are liable for any misuse for which they are responsible.

5.4. If the operation, security and availability of the services are impaired by the customer, FAST LANE is entitled to block access temporarily or permanently until the impairment is remedied.

6. Terms of payment

6.1. Payment methods currently offered include direct debit, PayPal, and credit card. Invoices are payable without deduction upon due date – usually upon receipt – and are payable without deduction. Payment by direct debit is made using the SEPA direct debit procedure. The SEPA direct debit is only processed after the invoice has been sent. The credit card account is debited upon completion of the booking or after the invoice has been sent; this applies accordingly to PayPal direct debits. Invoices and reminders are generated automatically; they can be sent to the customer directly in the customer account, by email, or by letter, at FAST LANE's discretion. Fees for reminders and returned direct debits will be charged in the event of late payment. The services are provided at the applicable gross final price (net price plus statutory VAT).

6.2. If customers default on payment of due invoices, e.g., because the invoiced amounts cannot be debited from their credit card or bank account, not on time, or not in full, access to the Services may be blocked for the duration of the default. Access to the Services will be reactivated upon receipt of payment.

6.3. Customers are not entitled to withhold payments unless they are entitled to a statutory right of retention arising from the same contractual relationship. Offsetting is only permitted if the claim being offset is undisputed or has been legally established. Costs for unauthorized direct debits are to be borne by the customer.

6.4. Adjustment of remuneration: FAST LANE is entitled to increase the contractually agreed remuneration for the services, add-ons, and modules for the first time after the expiration of the minimum contract term and no more than twice per year, subject to one month's notice, in accordance with FAST LANE's cost development. Examples of cost elements that impact FAST LANE'S cost development include investments in services and infrastructure, personnel costs, service providers and other costs, rents, IT systems, energy, and public charges. FAST LANE may pass on any additional cost increases for advance services provided by third parties, provided that Fast LANE did not cause them.

As soon as the fee increases by more than 10% above the consumer price index, customers are entitled to terminate the contract with immediate effect, with two weeks' notice after receipt of the increase request. If the corresponding costs are reduced, customers can also request a corresponding reduction in the fee for the first time after the expiration of the minimum contract term. Notification of a price adjustment will be sent by email to the email address stored in the customer account.

6.5. Data transfer to debt collection agencies: If our payment claim has not been settled despite a prior reminder, we will transfer the data of customers in arrears to a commissioned debt collection agency as part of the contract fulfillment (Art. 6 (1) (b) GDPR). In this case, the claim will be collected directly by the debt collection agency, which may incur additional fees and costs. Furthermore, the transfer of data serves to protect our legitimate interests, which prevail within the framework of a balancing of interests, in the effective assertion or enforcement of our payment claim in accordance with Art. 6 (1) (f) GDPR.

7. Rights in the event of defects

7.1. If the service level specified in Section 3.4 (availability during operating hours) is not met for a period of three (3) consecutive calendar months or for three (3) calendar months within a period of six (6) calendar months and we are responsible for this, the customer is entitled to terminate the contract without notice and to demand compensation instead of performance.

7.2. In other cases of non-contractual performance, we are entitled and obligated to provide subsequent performance. If subsequent performance is not provided within a reasonable period of time, we may set a reasonable grace period with a warning of rejection. Upon the unsuccessful expiration of this period, the statutory remedies are available.

7.3. The limitation period for claims for defects shall be twelve (12) months.

8. Termination | Termination | Consequences of termination

8.1. For a contract with a minimum usage period, the contract term will automatically renew after the expiration of the minimum usage period for the respective minimum usage period of the previous contract, up to a maximum of two (2) years, unless terminated within the agreed notice period of two (2) weeks. Freemium offers may contain different notice periods. The timeliness of the notice of termination will be determined by the receipt by immosecure.

8.2. In the event of termination of a contract with an agreed notice period or minimum usage period, customers shall continue to be entitled to the contractually agreed services until the end of the remaining contractual term.

8.3. Any termination must be made in the customer account (online). Termination can also be made by email or in text form. Effective termination by email must be sent to the email address support@FASTLANE-INTERNATIONAL.COM. Non-use of services does not constitute termination.

8.4. The right of both parties to terminate the contract for good cause remains unaffected. In particular, FAST LANE is entitled to terminate a contract without notice if

the customers are in arrears with the payment of an amount for a period of more than two months, which is at least equal to the agreed fee for use for the period of two months
Insolvency proceedings or other judicial or extrajudicial proceedings for debt settlement have been or will be initiated against the customer's assets
the user account was transferred or the access data to the SaaS solution was made accessible to third parties without the prior consent of immosecure
the customers have otherwise breached their obligations under the contract and, despite setting a deadline with a threat of rejection, have not ceased the breach of contract or demonstrated measures that are suitable to prevent the breach of contract from being repeated in the future.

8.5 In the event of termination of the contractual relationship, regardless of the legal grounds, the parties are obliged to properly settle the contractual relationship. To this end, we will

make the data stored by us within the scope of the contract available for download/export until the end of the contract term.
delete any data that has not been deleted at the latest by the end of the assessment period following the termination date and destroy all copies made.

In this context, it is expressly pointed out that customers themselves are responsible for complying with the retention obligations under commercial and tax law.

9. Blocking of data

If a third party asserts against FAST LANE a violation of law through data or content that was transmitted by customers to the data storage devices provided by us, FAST LANE is entitled to temporarily block the relevant data or content if the third party has conclusively demonstrated the violation. In this case, we will request the customer to cease the violation within a reasonable period of time or to provide evidence of the legality of the content. If this request is not complied with or is not sufficiently complied with, FAST LANE is entitled, without prejudice to further rights and claims, to terminate the contract for good cause without notice. To the extent that the customer is responsible for the violation of law, they are also obligated to compensate for any resulting damages and must indemnify us against any claims of third parties upon first request. Further rights remain reserved.

10. Liability

FAST LANE shall be liable for all damages arising in connection with the contract, regardless of the actual or legal reason, only in accordance with the following provisions:

10.1. In the event of intent and gross negligence, claims under the German Product Liability Act, and injury to life, body, or health, immosecure shall be liable without limitation in accordance with the statutory provisions.

10.2. Otherwise, liability per calendar year is limited to the damage foreseeable at the time of conclusion of the contract, up to a total amount for all damage cases per calendar year equal to 50% of the remuneration paid by the customer in that calendar year. This limitation of liability also applies in the event of data loss and data deterioration.

11. Retention of title

Unrestricted ownership remains reserved until all payment obligations have been fully met.

12. Copyright/Usage Rights

12.1. Upon conclusion of the contract, the customer is granted the right to use the services within the framework of the statutory and contractual provisions. The non-transferable and non-exclusive rights of use are granted only for a limited period of time, for the agreed term of the user agreement. The right of use is limited to the use described below.

Customers are entitled to use the services within the scope of the contract (number of licenses purchased, duration of the right of use). The services may only be used by one person per license (named user). The duration of the right of use is determined by the respective offer.
Customers are authorized to use the services for their own purposes; the free or paid use of the services on behalf of third parties and the transfer of resulting research or calculation results to third parties is not permitted.

12.2. Use is permitted only on the hardware platforms and their operating system environment(s) supported by us. Customers are prohibited from altering any copyright notices, trademarks, and/or proprietary information contained in the Services.

13. Third-party intellectual property rights

13.1 If the contractual use of the services infringes the industrial property rights and copyrights of third parties and if third parties assert claims against the customer due to such infringement, we will, at our discretion and at our own expense, either

obtain the right to use the services or
modify the services so that they no longer infringe the rights of third parties and have at least the contractually required characteristics.

13.2 If the third party’s claim is not based on

a change to the Services that has not been approved by us under this Agreement or otherwise, or the use of the Services in a manner other than that agreed in accordance with the purpose of this Agreement, or
the use of the services on a hardware platform or operating system environment not approved by us,

We will, at our own discretion, defend the customer or indemnify and hold harmless from damages arising directly from such a claim and asserted against the customer in court, within the scope of the limitations of liability. Obligation to pay compensation is excluded if immosecure proves that the customer is not responsible for the infringement of third-party rights.

13.3. Customers are obligated to notify immosecure immediately if third parties assert infringements of intellectual property rights against them. Customers are only entitled to take measures, in particular to defend themselves against the claims in court or to satisfy the third party's statutory claims subject to reservation, if immosecure has previously notified the customer that immosecure will not defend the customer against the claim.

14. Third-party providers

FAST LANE offers collaborations with external partners. Customers enter into direct (license) agreements with these partners. Customers can find out more about the possibilities for connecting third-party applications and partnerships on the partner pages.

15. Transfer of contract

FAST LANE is entitled to transfer rights and obligations arising from this contractual relationship, in whole or in part, to a third party with a notice period of four (4) weeks. In this case, the customer is entitled to terminate the contract within two weeks of notification of the transfer.

16. Changes to these Terms and Conditions

FAST LANE reserves the right to amend these General Terms and Conditions at any time, subject to reasonable notice. Following publication of a notice of amendment, customers have the right to terminate the contract with immediate effect. The amendments are deemed accepted if the customer does not object to them in writing within 14 days.

17. Protection of confidentiality; data protection; data security

17.1. The processing of data subject to professional secrecy (e.g., patient data, client data in legal and tax advisory professions) by external service providers may require the consent of the patient or client. Customers are responsible for ensuring that such consent is required and, if so, that the corresponding consent form is available.

17.1.1. FAST LANE may only grant access authorizations for the provided data to its own employees to the extent necessary for their respective tasks. Should employees leave the company or change their job, resulting in the employee no longer requiring access to customer data, the access authorization of these employees must be deleted immediately.

17.1.2. FAST LANE undertakes not to make any copies or other records of the personal data submitted or made available for processing, nor to tolerate the making of such copies or other records by third parties, nor to pass such copies on to third parties. This does not apply to copies or other records that are absolutely necessary for proper data processing.

17.1.3. Except as provided for in its instructions, immosecure may not use the data provided for processing or use for its own purposes or for the purposes of third parties, nor may it allow third parties access to such data.

17.1.4. To the extent that customers are required by applicable data protection regulations to provide information regarding the collection, processing or use of data relating to that person, immosecure will assist in providing this information.

17.1.5. FAST LANE only employs employees and subcontractors who are bound to data confidentiality.

17.2. FAST LANE effectively protects all data, to the extent technically and economically feasible, against unauthorized access, alteration, destruction, or loss, unauthorized transmission, other unauthorized processing, and other misuse. If a threat to the services and data cannot be eliminated by other means with technically and economically reasonable effort or without promising success, immosecure is entitled to delete data containing harmful content. We will notify the customer of this intention by email to the email address provided to us.

18. Place of jurisdiction

The place of performance and jurisdiction for merchants, legal entities under public law, or special funds under public law is Palma de Mallorca. Spanish law applies exclusively.

Please send complaints and cancellations to the following address:

FAST LANE

Antoni Torrandell No. 2

07003 Palma /Mallorca

Spain