Terms and conditions

1. Scope and provider

These terms and conditions apply to all contracts for the use of the time tracking service HORAKA at horaka.com between you and:

giant Computer Systems
Owner Marc Breuer
Am Altengraben 23
90768 Fürth
Germany
Email: [email protected]
Phone: +49 (0) 911 976912-0
VAT identification number: DE257786239

(hereinafter “we” or “us”).

HORAKA is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), that is freelancers, self employed professionals, companies and their team members who use the service for their commercial or professional activity. By signing up you confirm that you act as a business. A statutory right of withdrawal for consumers therefore does not apply.

Deviating or additional conditions do not become part of the contract unless we have expressly agreed to them in text form.

2. Definitions

• Workspace: your company’s area in HORAKA with clients, projects, time entries and accounts. The workspace is the unit to which a plan applies.
• Owner: the account that created the workspace. Only the owner subscribes to plans, cancels and requests deletion.
• Team members: other people invited to the workspace by the owner or an admin.
• Plan: Free, Standard or Premium with the features and limits listed on the pricing page.

3. Sign up and conclusion of contract

3.1 Signing up is free of charge. There is no entitlement to sign up. Your details must be accurate; you keep changes up to date in your account.

3.2 Signing up concludes a free contract for use on the Free plan, starting with the trial under section 5.

3.3 A paid contract is concluded when you as the owner choose a plan and billing interval under Subscription and billing and submit the order in the checkout with the correspondingly labelled button. Before that you can review your entries and cancel the process.

3.4 The language of the contract is German. Translations of these terms are for your information; the German version is authoritative.

4. Our services

4.1 We provide HORAKA as a web application that you use in the browser and as an installed app. The features, number of people, projects and devices included in your plan are set out on the pricing page in the version valid at the time of your order.

4.2 We operate the service with customary care and strive for high availability. We do not guarantee any particular availability. We announce maintenance in advance where possible and schedule it at times of low usage. Disruptions outside our sphere of influence, for example at network operators, data centres or service providers we use, and force majeure are not our responsibility.

4.3 We develop HORAKA further and may add, change or replace features with equivalent ones as long as the essential scope of your plan is preserved.

4.4 The service does not replace your own backups or your accounting. You can download your data at any time as an export (CSV, Excel, PDF and as a full data export).

5. Trial

5.1 Every new workspace can try all features of the Premium plan free of charge for 14 days. No payment details are required.

5.2 The trial ends automatically. If you do not subscribe to a plan by then, you continue on the Free plan. An obligation to pay only arises with an order under section 3.3. We remind you by email three days before the end.

6. Prices and payment

6.1 The prices on the pricing page at the time of the order apply. All prices are net prices plus statutory VAT. With a valid VAT number from another EU member state we invoice under the reverse charge procedure, outside the EU as a non taxable supply.

6.2 The fee is payable in advance for the chosen term (month or year). We bill through our payment service provider Stripe, whose terms also apply. We provide invoices electronically; you find them in the customer portal.

6.3 The Premium plan includes five people. Each additional person is charged at the price on the pricing page for the respective term, pro rata from the time of the invitation.

6.4 If you are in default of payment, the statutory provisions apply. After an unsuccessful reminder we may reset the workspace to the Free plan; your data is kept.

7. Term, plan changes and cancellation

7.1 A paid subscription runs for one month or one year as chosen and renews for the same term unless cancelled.

7.2 You can cancel at any time to the end of the current term, in the customer portal, through the page Cancel your contract here or in text form to us. We confirm every cancellation by email. Fees already paid for the current term are not refunded.

7.3 Moving to a larger plan takes effect immediately and is charged pro rata. Moving to a smaller plan or a shorter term takes effect at the end of the current term.

7.4 When a paid subscription ends, you continue on the Free plan. Your data is kept; features not included in Free are locked, and team members above the plan limit are deactivated, not deleted.

7.5 You can end the free contract on the Free plan at any time by deleting the workspace. We can terminate it with four weeks’ notice in text form.

7.6 The right of both parties to terminate for good cause remains unaffected.

8. Data export and deletion

8.1 As the owner you can download a full export of your workspace’s data at any time.

8.2 As the owner you request deletion of the workspace in the settings. You can withdraw the request until a notice period of 14 days has expired; during this time the workspace is locked. Afterwards we cancel running subscriptions and permanently delete all data of the workspace. We keep invoices and anonymised billing records for 10 years because of statutory obligations.

8.3 Download your data before the notice period expires. After deletion we cannot restore it.

9. Your obligations

9.1 You keep your access credentials and API tokens secret and inform us immediately if you suspect misuse.

9.2 You are responsible for the content you and your team members record in HORAKA and ensure that you may lawfully process it. Where you record personal data of your team members or clients, you inform them in accordance with data protection requirements.

9.3 Not permitted are in particular unlawful content, circumventing technical protections and limits, automated access outside the documented API and its limits, and actions that disrupt operation.

10. Rights to your data

All data you record in HORAKA remains yours. You only grant us the simple right, limited to the term and purpose of the contract, to store and process it and to display it to you and your team. We do not use your data for advertising or to train artificial intelligence systems.

11. Data protection and data processing

How we process personal data is described in our privacy policy. Where we process personal data on your behalf, the data processing agreement also applies and becomes part of the contract when you sign up.

12. Suspension

In the event of a material breach of section 9 we may suspend access in whole or in part. We first ask you to remedy the breach unless this is unreasonable in the individual case, for example in the event of an acute danger to operation or to third parties.

13. Liability

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent intent, under a guarantee given and under the Product Liability Act.

13.2 In the case of simple negligence we are only liable for the breach of an essential contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract at the time of its conclusion.

13.3 On the free Free plan and during the trial we are only liable for intent and gross negligence, except for injury to life, body or health under section 13.1.

13.4 For loss of data we are only liable up to the amount that would have been incurred for restoration if you had backed up the data regularly (section 4.4).

13.5 Otherwise liability is excluded. The limitations also apply to our vicarious agents.

14. Changes to these terms

We may change these terms with effect for the future if there is a valid reason, such as a change in the law or new features. We notify you of the change in text form at least six weeks before it takes effect. If you do not object before it takes effect, the change is deemed accepted; we point out this consequence in the notice. If you object, either party may terminate the contract as of the date the change takes effect.

15. Final provisions

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

15.2 The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, provided you are a merchant, a legal entity under public law or a special fund under public law.

15.3 Declarations relating to this contract require at least text form. The email address of your account is the agreed means of communication.

15.4 Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.