Terms of Service of the “Fritto” App

Terms and Conditions (T&C) of the Web Application “Fritto Time Tracking” 

(These T&C apply to the use of the web application available at https://api.steinpilz-fritto.de/.) 

§ 1 Scope of Application and Contracting Parties

1. These Terms and Conditions (“T&C”) govern the use of the web application “Fritto Time Tracking” (hereinafter “Web Application” or “Fritto”) by registered users and companies. 
2. The contracting party is:
   

Steinpilz Risotto UG (haftungsbeschränkt)
Rosa-Heinzelmann-Str. 20
73230 Kirchheim unter Teck
Germany

Email: kontakt@stein-pilz.com
VAT ID: DE323402684
Commercial Register: HRB 768058, Local Court of Stuttgart
Represented by the Managing Directors Yury Filipovich and Mehmet Önkol
(hereinafter the “Provider”).

3. These T&C apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e., natural or legal persons using Fritto for the purpose of carrying out their commercial or independent professional activities. 
4. Any deviating or conflicting terms and conditions of the user shall not apply unless the Provider expressly agrees to their validity in text form. 
5. By registering or using the Web Application, the user agrees to be bound by these T&C. 

§ 2 Description of Services

1. Fritto is a web-based time tracking software enabling companies and self-employed persons to record working hours, manage projects, generate reports, and coordinate team activities. 
2. The Provider makes the Web Application available via the internet as a Software-as-a-Service (“SaaS”).
   No local installation is carried out on the user’s systems. 
3. The scope of services may comprise different subscription plans (e.g., Free, Pro, Team). The specific functions, prices, and terms of each plan are set out in the service description available on the website or within the customer portal. 
4. The Provider reserves the right to modify, expand, or restrict functionalities at any time, provided that such changes are reasonable for the user or are necessary to improve the service, ensure security, or comply with legal requirements. 

§ 3 Registration and User Account

1. Registration is required to use Fritto.
   The user must provide complete and accurate information during registration. 
2. Access to the Web Application is granted via personal login credentials (email address and password). These credentials must be kept confidential and may not be disclosed to third parties. 
3. The user is responsible for all activities carried out through their user account.
   Any misuse must be reported to the Provider without undue delay. 
4. The Provider may suspend or delete user accounts if false information is provided or if the application is misused. 

§ 4 Prices, Payment Terms, and Contract Duration

1. Fritto may be used free of charge or on a paid basis.
   The free version is available for a single user only.
   Use by more than one user requires a paid subscription. Paid plans are clearly identified and include details regarding prices, features, and contract terms. 
2. Unless otherwise agreed, billing occurs monthly or annually in advance.
   Payment may be made by SEPA direct debit, credit card, or other accepted payment methods. 
3. All prices are exclusive of statutory VAT. 
4. The contract shall automatically renew for the selected subscription term unless terminated in writing or via the cancellation function in the user account no later than 14 days prior to the end of the current term. 
5. Refunds of fees already paid shall generally not be granted, unless the Provider terminates the contract prematurely without justified cause.

§ 5 Rights of Use

1. The Provider grants the user a simple, non-transferable, non-sublicensable, and revocable right to use Fritto for the duration of the contract. 
2. The user shall not receive access to the source code or any technical components of the software. 
3. The transfer, leasing, or otherwise granting access to third parties is prohibited. 

§ 6 User Obligations

1. The user undertakes to use Fritto solely within the framework of its intended functionalities and shall not store or transmit any unlawful content. 
2. The user is solely responsible for backing up the data processed through Fritto. 
3. The user may not perform automated access (e.g., via bots or scripts) to the Web Application unless expressly permitted by the Provider. 

§ 7 Availability and Maintenance

1. The Provider aims to ensure an average annual availability of 99%.
   Planned maintenance times are excluded and will, where reasonably possible, be scheduled outside standard business hours. 
2. The Provider may carry out maintenance work during which the Web Application may be temporarily unavailable. The user will be informed in advance of any extended downtime. 

§ 8 Liability

1. The Provider shall be liable without limitation for intent, gross negligence, and for injury to life, body, or health. 
2. In cases of slight negligence, the Provider shall only be liable for breaches of essential contractual obligations, and such liability shall be limited to the foreseeable damage typical for the contract. 
3. Liability for indirect or consequential damages, loss of profit, or loss of data is excluded to the extent permitted by law. 
4. The Provider shall only be liable for data loss if the user has fulfilled their data backup obligations. 

§ 9 Data Protection and Data Processing Agreement

1. The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
   Further details are set out in the Privacy Policy available at. 
2. If the user processes personal data of third parties via Fritto (e.g., employee data), the Provider acts as a processor within the meaning of Article 28 GDPR.
   A separate Data Processing Agreement (DPA) must be concluded for this purpose and will be provided electronically.

§ 10 Contract Duration, Termination, and Deletion

1. The contract is concluded for an indefinite period, unless otherwise agreed. 
2. The user may terminate the contract at any time with effect at the end of the respective billing period. 
3. After termination of the contract, all personal data will be deleted within 30 days unless statutory retention obligations apply. 
4. The Provider may terminate the contract without notice for good cause, particularly in cases of:
   • violation of essential contractual obligations,
   • misuse of the Web Application, or
   • payment default exceeding 30 days.

§ 11 Amendments to the T&C

1. The Provider may amend these T&C with future effect, provided that the essential terms of the contract remain unaffected. 
2. Amendments will be communicated to the user at least four weeks before they enter into force, either by email or within the Web Application. 
3. If the user does not object to the amendments within four weeks of receipt of the notification, the amendments shall be deemed accepted. The user will be expressly informed of this right. 

§ 12 Final Provisions

1. These T&C shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 
2. If the user is a merchant or a legal entity under public law, the place of jurisdiction shall be the Provider’s registered office. 
3. If any provision of these T&C is or becomes invalid, the validity of the remaining provisions shall not be affected.