TheraTap GbR, Grootkoppelstr. 56, 22844 Norderstedt (hereinafter: "TheraTap" or "we") provides you (hereinafter: "you" or "customer") with the TheraTap software (hereinafter: "Software") as a SaaS product for the digital documentation of treatments for horses, dogs and cats. The following terms of use apply to the use of the Software:
1.1. Contracting Parties and Subject Matter. The subject matter of these terms and conditions is the provision of the TheraTap Software for the use of its functionalities to the customer against payment of the agreed fee.
1.2. Business-to-Business ("B2B"). We direct our offer exclusively to companies and persons acting commercially or professionally. A contract is therefore concluded either with the company for which the Software is used, or with the commercially or professionally acting person.
2.1. Application Scope and Objective. The Software enables horse, dog and cat therapists to comprehensively capture treatment details. The objective of the Software is to enable horse, dog and cat therapists to efficiently document during and after treatments and to contribute to improving the overall treatment plan.
Beyond pure documentation, the Software offers a range of additional supporting functions. The specific scope of functions available depends on the package booked. Not all functions are available in all packages. In addition, the individual packages differ in terms of the maximum number of animals that can be recorded and the provision of storage space.
The currently available package options and prices can be accessed at any time at: https://theratap.de/#pricing
2.2. Scope of Functions. In detail, the following functions are available – depending on the package booked:
2.3. Accounting Module
2.3.1. Scope of Functions of the Accounting Module. TheraTap provides the customer – depending on the package booked – with an optional accounting module. This module enables in particular:
The specific scope of functions depends on the package booked.
2.3.2. No Tax or Legal Advice. The accounting module does not constitute tax, legal, or business consulting advice. In particular, TheraTap does not verify the tax or legal correctness of invoices created by the customer or the underlying information. The Software neither replaces a tax advisor nor accounting software with legal verification obligations.
2.3.3. Customer Responsibility. The customer is solely responsible for the content accuracy of invoices, the correct application of tax regulations (in particular value-added tax, small business regulation according to § 19 UStG), compliance with legal retention, documentation, and proof obligations, as well as checking whether the documents created by the Software comply with the applicable legal requirements. TheraTap is not liable for disadvantages resulting from incorrect or incomplete information provided by the customer.
2.3.4. Small Business Regulation (§ 19 UStG). To the extent that the Software provides functions for mapping the small business regulation according to § 19 UStG, this is done exclusively based on the settings made by the customer. The customer is responsible for checking whether they meet the requirements of the small business regulation and whether its application is legally permissible for them. No automatic or legal verification by TheraTap takes place.
2.3.5. No Liability for Tax Consequences. TheraTap is not liable for tax, financial, or legal consequences arising from the use of the accounting module, unless these are based on intentional or grossly negligent behavior by TheraTap.
3.1. Use of the Software. TheraTap grants the customer the use of the current version of the Software for the agreed number of authorized users via the Internet by means of browser access.
3.2. Availability: TheraTap ensures the functionality and availability of the Software during the term of the contractual relationship and will maintain it in a condition suitable for contractual use. The availability of the Software also depends on the availability of the servers at our hosting provider Hetzner. This provider currently guarantees us a network availability of 99.9% (further information available at: https://www.hetzner.com/de/legal/terms-and-conditions/).
3.3. Updates. TheraTap may, without being obligated to do so, update or further develop the Software at any time and in particular adapt it due to changed legal situation, technical developments, or to improve IT security. This may cause the scope of functions of the Software to change from time to time. TheraTap will appropriately consider the legitimate interests of the customer and inform the customer in a timely manner about necessary updates. In the event of a material impairment of the legitimate interests of the customer, the customer has a special right of termination.
3.4. Maintenance Work. TheraTap will regularly maintain the Software and inform the customer in a timely manner about any associated restrictions. Maintenance will regularly be carried out outside the customer's usual business hours, unless maintenance must be carried out at another time due to compelling reasons.
4.1. Use by the Customer. The customer must protect and store the access credentials provided to them in accordance with the state of the art against access by third parties. The customer will ensure that use only occurs within the contractually agreed scope. Any unauthorized access must be reported to TheraTap immediately.
4.2. Customer Access Capability. TheraTap provides the Software at the router output of the respective data center of the provider ("handover point"). It is the customer's responsibility to create the technical prerequisites for receiving the Software at the handover point and for its use. Regularly, this means that the customer must use a functional end device with a working Internet connection.
4.3. Data Security. The customer is further obligated not to store any data on the provided storage space whose use violates applicable law, official orders, rights of third parties, or agreements with third parties.
4.4. Virus Protection. The customer will check data for viruses or other harmful components before storing or using them in the Software and will employ measures in accordance with the state of the art (e.g., antivirus programs) for this purpose.
4.5. Data Backups. The customer must regularly make appropriate data backups on their own responsibility.
TheraTap provides you with support for the Software. You can contact this support with all concerns related to the Software. Support is available at: info@theratap.de or by phone at 040 33 46 90 24-0
6.1. Billing Period. Billing is done – depending on the chosen billing period – monthly or annually in advance for the respective period.
6.2. Payment Processing. Payment processing is handled by the payment service provider Stripe. The following payment methods are available: credit card, SEPA direct debit, Apple Pay, Google Pay, and SOFORT.
6.3. Price Changes. TheraTap reserves the right to adjust prices for subscriptions if this becomes necessary due to external circumstances (e.g., increased infrastructure costs, inflation, legal changes). Price changes will be communicated to customers by email at least six weeks before they take effect. If the customer does not agree with the price change, they have the right to cancel the subscription before the price change takes effect. If the customer does not cancel, the price change is deemed accepted.
7.1. Term. The subscription begins when one of the package options is booked. The minimum term is – depending on the chosen billing period – one month or one year. At the end of the respective billing period, the subscription automatically renews for the duration of another period.
7.2. Termination. The subscription can be terminated at any time and then ends at the end of the respective billing period.
7.3. Package Change. The customer can switch to a higher- or lower-priced package at any time. When switching to a higher-priced package ("Upgrade"), a pro-rated payment becomes due and the change takes effect immediately. When switching to a lower-priced package ("Downgrade"), the change only takes effect at the end of the respective billing period.
7.4. Trial Period. Customers can test the Software once free of charge for seven days. The trial period ends automatically after seven days without further obligations for the customer. If the customer switches to a paid subscription after the trial period, the data captured during the trial period will be retained.
8.1. Provision of Data. After contract termination, TheraTap does not separately provide the data created and uploaded by the customer for download. It is the customer's responsibility to secure their data in a timely manner before contract termination using the export functions of the Software.
8.2. Continued Data Backup. We backup our customers' data even after contract termination to ensure continued data backup if the customer does not perform proper data backup before the end of the contract term in accordance with 8.1. In this respect, a gratuitous custody relationship arises, which can be terminated by us with a notice period of 4 weeks. The customer will receive advance electronic notification of this. The customer can terminate the continued storage at any time by deleting the customer account including all still stored data. For this purpose, we provide a corresponding button in the customer account.
8.3. Deletion of Data. We store the customer's data after the end of the original usage agreement to the extent that this is necessary for continued backup within the meaning of section 8.2. or legal requirements demand ongoing storage.
The customer receives simple, i.e., non-sublicensable and non-transferable, rights limited in time to the duration of the contract to use the current version of the Software by means of browser access in accordance with the contractual regulations. The customer may only use the Software personally within the scope of their own business activities. Further use of the Software by the customer is not permitted. In particular, the customer is not permitted to grant third parties (e.g., employees) access to the Software, unless something else is agreed in individual cases (e.g., by booking the "Business" package).
10.1. Applicable Provisions. With regard to the granting of use of the Software as well as the provision of storage space, the warranty provisions of rental law (§§ 535ff. BGB) apply.
10.2. Defect Notification. The customer must immediately notify TheraTap of any defects.
10.3. Exclusion of Warranty. Warranty for only insignificant reductions in the suitability of the service is excluded. Liability independent of fault according to § 536a para. 1 BGB for defects that already existed at the time of contract conclusion is excluded.
11.1. Intent and Gross Negligence. The parties are liable without limitation in cases of intent, gross negligence, and culpable violation of life, body, or health.
11.2. Slight Negligence. Without prejudice to cases of unlimited liability, the parties are liable to each other for slight negligent breach of duty only in case of violation of essential contractual obligations, i.e., obligations whose fulfillment enables the proper execution of the contract in the first place or whose violation endangers the achievement of the contract purpose and on whose compliance the other party may regularly rely, however limited to the foreseeable, contract-typical damage at the time of contract conclusion.
11.3. Product Liability; Guarantees. The above liability limitations do not apply to liability under the Product Liability Act as well as within the scope of guarantees assumed in writing by a party.
11.4. Third Parties. The above liability regulations also apply in favor of employees, representatives, and organs of the parties.
11.5. Tax/Accounting Application. Liability for tax or accounting errors that are based on incorrect information provided by the customer or incorrect application of tax regulations by the customer is excluded; section 11.1 remains unaffected.
TheraTap takes the protection of your data very seriously. We process your data in accordance with applicable data protection regulations. For more information, please see our privacy policy, available at: https://theratap.de/privacy
13.1. Severability Clause. Should individual provisions of these terms and conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties will replace such provisions with valid and enforceable provisions that come as close as possible to the meaning and economic purpose as well as the will of the parties. The same applies in case of a contract gap.
13.2. Changes to Terms and Conditions. TheraTap reserves the right to make changes to these terms and conditions for valid reasons, for example to improve or expand the Software, for security reasons, or for legal or regulatory reasons. Should changes be able to affect the ongoing contractual relationship between you and TheraTap, TheraTap will inform you in advance in an appropriate manner depending on the circumstances and ask for your consent. This notification will contain information about the planned changes and your right to reject these changes as well as where to send the rejection and what consequences it has if you do not reject. The changes are deemed accepted if you do not reject them within 30 days. If a change proves to be invalid, void, or unenforceable for any reason, this does not affect the validity and enforceability of the remaining changes or conditions.
13.3. Choice of Law. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(As of: February 21, 2024)