‍

Terms of use

‍

Using the Vinlivt application

1st preamble

Vinlivt GmbH, hereinafter “Vinlivt”, provides the user, hereinafter “user”, with the Vinlivt application, a free software solution, hereinafter “Vinlivt application”, with which the user can easily manage contracts, use multi-banking, communicate with financial experts and manage finances. In accordance with the following terms of use, Vinlivt offers the services listed in Section 3 and in particular the following benefits:

• Overview of the current financial situation (budget analysis)
• Pension forecast and calculation of the pension gap
• Overview of bank accounts, credit cards, savings accounts and deposits via Open Banking
• Automated and manual overview of current contracts and subscriptions
• Review or termination of unwanted contracts
• Performance adjustments and optimizations
• Individual retirement and financial tips
• Saving tips and learning to make better use of money and insurance
• Communication with financial experts via messenger
• Exchange of documents with financial experts via upload

At Vinlivt, data protection is a top priority and mindful. We develop Vinlivt applications in accordance with all legal and regulatory requirements and are also constantly testing them in our development process. A trusting relationship with our customers and partners is our highest standard, which we always want to live up to. We promise that we will never sell or share personal information with third parties without your consent.

We are working on the best financial app for our customers and your financial home. We use personal data such as: highly sensitive bank details, contract data or even health data exclusively for your benefit and to guarantee your financial security or cost optimization.

2. General and scope

2.1 Vinlivt GmbH provides services to users of the application in accordance with these terms of use listed here.

2.2 If Vinlivt offers the services offered to the user together with partner companies or arranges services from partner companies (see sections 7 and 8), additional conditions of these partner companies may apply. For this purpose, data protection regulations and terms of use are provided separately by the partner and obtained separately from the user and require his confirmation.

2.3 The terms of use apply exclusively. Any terms of use that conflict with or deviate from these terms of use shall only become part of the contract insofar as the content of these terms of use corresponds to the content of these terms of use or has been expressly accepted by Vinlivt in writing. This also applies if Vinlivt provides services without reservation in the knowledge of conflicting or deviating conditions.

3. Services provided by Vinlivt

The purpose of the Vinlivt Application and Services is:

• Comprehensive financial analyses and financial forecasts
• forecasts based on the so-called Vinlivt financial check
• Or based on personal account information via Open Banking
• Categorization of account transactions and forecasts
• Cancellation functions for contracts, subscriptions via email or push notification
• Individual retirement and financial tips, savings tips, e.g. based on account information, user behavior, user information, uploaded documents, OCR technology to save money, optimize services and contracts and/or learn how to manage your own finances better
• Offering pension and financial products in cooperation with connected financial partners, e.g. financial advisors, insurance companies, banks
• Brokering contracts with cooperation partners, e.g. optimization of insurance contracts, savings products, loan rescheduling
• Matching with financial advisors/experts for competent advice
• providing customers with customer support to answer users' questions
• In accordance with these terms of use and the separate privacy policy

4. Carrying out the financial analysis

The prerequisite for using the Vinlivt application services is the analysis of the user's bank account, hereinafter referred to as financial analysis or pension analysis. The financial analysis or pension analysis is carried out in accordance with the following points:

4.1 The necessary data for financial analysis of the bank account, in particular regular refunds, SEPA direct debits and standing orders, can be retrieved via standardized interfaces via Open Banking Technology (Tink), followed by banking interfaces using XS2A, FinTS or bank's own interfaces, e.g. dbAPI.

https://tink.com/de/

4.2 In order for the data to be retrieved via these banking interfaces, the user must authenticate himself as the account holder with his online banking login data, e.g. with the account number and PIN/password, as well as an additional strong authentication by the customer, e.g., smsTAN, to the banking interface. Depending on the respective bank, the transactions of the last 90-365 days are then transmitted to us.

4.3 Vinlivt analyses and categorizes the relevant debits and credits from the submitted sales data. Categorization means that account transactions are assigned to different categories such as shopping, income, child support, household, housing, etc. Based on this analysis, personal pension, financial tips, pension tips and the digital contract review are created.

4.4 In addition to account transaction data, some banking interfaces offer the option that the personal information stored at the bank, such as first and last name, postal address and email address, is transferred to us. The user must always expressly consent to the transmission of this data.

4.5 The use of the Vinlivt application requires that the user has expressly confirmed the terms of use and has agreed to Vinlivt's separate privacy policy before authentication with their current account.

5. Access and availability

5.1 The prerequisite for using the Vinlivt application is the possession of an online-enabled current account with a bank based in the European Union and the legal capacity of the user.

5.2 The provision of the Vinlivt application services also requires the authentication of the user to the banking interface. To do this, the user must know their authentication data, see section 4.2.

5.3 Vinlivt is entitled to change or change the services of the Vinlivt Application in accordance with the Vinlivt Terms of Use.

5.4 Vinlivt always strives to make the Vinlivt Application available without interruption. However, no liability can be assumed for temporary unavailability. Vinlivt may restrict availability if necessary with regard to capacity limits, the security or integrity of the servers, or to carry out technical maintenance or repair measures and this is for the proper or improved provision of services, such as maintenance work. In these cases, Vinlivt takes into account the legitimate interests of the user, for example by providing advance information and transparent messages to users. Vinlivt's liability for fault remains unaffected.

6. Conclusion of contract

6.1 By registering with a valid bank account, the user submits a binding offer to conclude a contract for the processing of their data and the provision of the Vinlivt application services in accordance with these terms of use and the separate privacy policy by Vinlivt.

7. Pension and financial products in cooperation with financial distributors

7.1 In cooperation with various financial distributors and organizations, hereinafter referred to as financial partners, the user is offered various pension and financial products, such as the use of financial advice from affiliated financial partners. The consultation takes place exclusively after the explicit consent of the user has been obtained.

7.2 For services relating to the offer of pension and financial products with our partners, in addition to the Vinlivt terms of use, the general terms of use of the connected financial partners apply. The information on the data processing of financial partners is available in the Vinlivt application at any time. The corresponding service description is also available at any time for the financial partner.

7.3 The conclusion of a contract for a pension or financial product and the use of further consulting services requires further consent from the user. These consulting services are carried out by contracted financial partners and external service providers. Vinlivt does not provide advice on financial services.

7.4 After consent, a so-called consultant matching is carried out and the user must explicitly agree and will be informed of this immediately and transparently.

7.5 All communication via the integrated messenger service in the Vinlivt application takes place between the user and the connected financial partner. In particular, this also applies to declarations or notifications relating to the user's contractual relationship with the financial partner. In this respect, Vinlivt is an explanatory and receiving agent between financial partner and the user (platform).

7.6 The costs of using the pension and financial products offered in cooperation with the connected financial partners result from the price and service schedule and terms of use of the corresponding financial partner. The amounts listed in the list of prices and services include statutory sales tax.

8. Offering and arranging additional services in cooperation with partner companies

8.1 Through the Vinlivt application, Vinlivt may provide additional services in cooperation with financial partners, such as contract optimizations or contracts, loans or other pension and financial products. Vinlivt reserves the right to extend or restrict the additional services offered at any time.

8.2 The contracts for additional services are concluded with the financial partners. Vinlivt only mediates as a platform, unless Vinlivt expressly acts as a contractual partner.

8.3 The rights and obligations of the user with regard to the additional services arise from the separate contractual conditions relating to the additional service, which are agreed with the respective partner company. The contract terms are made available to the user within the Vinlivt app before a contract is concluded and must be accepted by the user before the contract is concluded.

8.4 Vinlivt simply transmits the user's request as a messenger/tipster to the respective financial partner. Depending on the nature of the contractual relationship, Vinlivt also acts as a messenger/tipster (platform) in the further course of the contractual relationship, provided that communication regarding the additional service is handled via the Vinlivt application.

8.5 Vinlivt complies with its legal obligations to provide information and information to the user in accordance with these General Terms of Use.

8.6 Under circumstances arising from the general terms of use of the respective financial partner, the user will be asked to consent to the transfer of personal data to the respective partner company before concluding a contract for additional services.

8.7 Under circumstances arising from the general terms of use of the respective financial partner, an identity verification is required in order to conclude a contract for an additional service, which can be carried out by an external service provider on behalf of the partner company. Identity verification is carried out using an identification process, e.g. video identification and/or qualified electronic signature, which fully meets the requirements of the Money Laundering Act, the data protection guidelines and the respective supervisory authority, e.g. BaFin). As part of the respective closing process, the user is automatically guided to the identification process.

9. Involvement and other obligations of the user

9.1 The user is required to provide appropriate cooperation in using the services of the Vinlivt application.

9.2 In particular, the user authenticates himself to the banking interface using his Open Banking login data, e.g. account number and PIN/TAN.

9.3 The user does not deposit a third party account in the Vinlivt application without the express permission of that person.

9.4 The user does not circumvent any security features of the Vinlivt application and also fails to attempt to do so.

9.5 The user must ensure the confidentiality and security of their access data to the Vinlivt application and the services used or provided via it. He/she must keep his login details secret, must not disclose them, do not tolerate or enable third parties to access them and take the necessary measures to ensure the confidentiality of his access data, e.g. by using a secure password with sufficient characters and combinations of numbers, letters and special characters and regularly changing his password. He must keep his mobile phone safe from access by third parties.

9.6 If the user discovers the loss or theft of the misuse or other unauthorized use of their access data, they must immediately inform Vinlivt. Any theft or misuse must be reported immediately to the police. If the user suspects that another person has gained unauthorised possession of or knowledge of their access data or is using their access data, Vinlivt must also be notified immediately.

9.7 The price/tariff and provider information displayed in the Vinlivt application as part of contract conclusion and/or optimization, as well as financial recommendations, is based on the data provided by the user and information about a desired tariff. The user is therefore jointly responsible for the completeness and accuracy of the data provided to Vinlivt and the result of the processing of this data by Vinlivt. If there is evidence that the data and information provided by the user is or could be incorrect, Vinlivt has the right not to process the order placed. Vinlivt will inform the user.

9.8 If the user instructs Vinlivt to initiate or conclude contracts or optimizations, the user is obliged to immediately check the order confirmations received and the provider's contract documents for accuracy. If there are errors or discrepancies, it is the responsibility of the user to inform the provider immediately.

9.9 If the user violates his obligations under these terms of use, Vinlivt is entitled to cancel the affected services of the Vinlivt application or not to perform the desired service.

10. Right of withdrawal

10.1 As a consumer, the user has a right of withdrawal in accordance with the following provisions when using paid services, referred to as each contract below:

Withdrawal policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement, such as an email or letter. To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

The revocation must be sent to:

Vinlivt GmbH

Rofanstraße 8

81825 Munich

email: hello@vinlivt.de

Withdrawal consequences

In the event of an effective withdrawal, the benefits received by both parties must be returned. You are obliged to pay compensation for the service provided up to the time of revocation if you have been notified of this legal consequence before submitting your contract declaration and have expressly agreed that we will start processing the consideration before the end of the withdrawal period. If there is an obligation to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be met within 30 days. The period begins for you when you send your declaration of withdrawal and for us when you receive it. The revocation may limit your scope of services, such as access to paid services.

Consent to perform the contractual services before expiry of the withdrawal period

The user agrees that Vinlivt will begin to perform the contractual services even before the cancellation period has expired. In the event of a withdrawal, the user is obliged to pay compensation for the services received in accordance with legal regulations.

End of cancellation policy

10.2 If Vinlivt or a financial partner provides the user with certain paid services in full immediately after ordering, the right of withdrawal expires when the user has given Vinlivt or the financial partner his express consent to do so and at the same time has confirmed his knowledge that he will lose his right of withdrawal if Vinlivt has fulfilled the contract in full. The user's right of withdrawal expires in the case of a contract for the delivery of digital content not on a physical data carrier, even if Vinlivt has begun to execute the contract after the user has expressly agreed that Vinlivt begins to execute the contract before the cancellation period has expired, and he confirms his knowledge of it has declared that, as a result of his consent, he loses his right of withdrawal at the beginning of the execution of the contract. The user will be informed of these points separately in the corresponding services.

11. Data protection

Vinlivt collects, processes and uses the user's personal data exclusively for the purpose of providing the Vinlivt application services. Vinlivt does not use user data for any other purpose. In order to be able to use the Vinlivt application without restrictions, your consent to the use of your data is required.

For details, reference is made to the separate privacy policy, which is stored on Vinlivt's website at https://vinlivt.de/datenschutz and in the Vinlivt application and can be accessed there at any time.

The privacy policy also expressly contains the user's right to withdraw consent in whole or in part at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal. In the event of a full or partial withdrawal, however, it is possible that the user may not be able to continue using Vinlivt or may not be able to continue using Vinlivt in full or in full.

When using additional services in cooperation with our financial partners, additional or special data protection regulations may also apply, which may also require the consent of the user.

12. Additional liability disclaimer for pension and financial analyses, pension forecasting, or a termination function in contract manager/area

12.1 The services provided are based on data from user behavior in the Vinlivt application, from account information such as account transactions, as well as the pension check or document analyses from the document upload.

Vinlivt technology attempts to transfer recognizable patterns from data from the past to the future. However, this may result in changes or events that are beyond our control. Vinlivt therefore points out that no guarantee can be given as to the accuracy of the analyses, for example the accuracy of the content of the contract manager, the pension forecast, the budget analysis or pension and financial tips or the upload of documents.

12.2 Within the Vinlivt application, the user can forward contracts and other information and documents, which have been identified manually or via the user's account data, to the connected financial partner (via Vinhub Messenger). The contract information is transmitted to the financial partner in real time via encrypted data transfer. This only happens after the user has given their consent. The user has no claim that the information is actually received by the financial partner, nor that the data become formally effective or that the deadlines or obligations are met.

12.3 In accordance with Section 13 below, Vinlivt assumes no liability for the accuracy of the retirement and financial tips and expressly states that its task is limited to proposing and reporting financial tips to the user on the basis of its financial analysis. The user is responsible for evaluating retirement and financial tips and forecasts and completing them.

13. liability

13.1 Claims by the user for compensation are excluded. This excludes claims for damages by the user against Vinlivt arising from injury to life, limb, health or from the breach of essential contractual obligations, i.e. cardinal obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by Vinlivt, its legal representatives or vicarious agents. This also applies to indirect sequential damage, in particular loss of profit.

Significant contractual obligations, i.e. cardinal obligations, are obligations that Vinlivt has just completed in accordance with the content and purpose of this contract and its additions, the fulfilment of which makes the proper execution of this contract possible in the first place and on whose compliance the user regularly trusts and may rely. The essential contractual obligations of this contract include in particular, but not exclusively, the services listed in section 3. The essential contractual obligations of this contract do not include the uninterrupted technical availability of the Vinlivt application.

13.2 In the event of a breach of essential contractual obligations, i.e. cardinal obligations, Vinlivt is only liable for foreseeable damage typical of the contract if this was simply caused by negligence, unless the user claims for compensation arising from an injury to life, body or health.

13.3 The restrictions set out in Sections 13.1 and 13.2 of the Terms of Use also apply in favour of Vinlivt's legal representatives and vicarious agents if claims are made directly against them.

13.4 The limitations of liability arising from clauses 13.1, 13.2 and 13.3 of the terms of use do not apply insofar as Vinlivt has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as Vinlivt and the user have reached a quality agreement.

13.5 The provisions of the Product Liability Act remain unaffected by the provisions in this Section 13 of the Terms of Use.

13.6 Insofar as Vinlivt, at the instigation of the user, provides third-party services, which are expressly identified as such and clearly identified as such, with the identity and address of the mediated partner company, provided by partner companies, see section 8.2, or orders on behalf of the user and on the account of the user, Vinlivt is not liable for the services or work results of the partner company concerned. In these cases, Vinlivt only acts as an intermediary, i.e. a platform. The respective partner companies are not vicarious agents of Vinlivt.

13.7 Vinlivt is liable for loss of data and programs and their recovery to the extent apparent from this Section 13 and only to the extent that this loss could not have been prevented by taking appropriate precautionary measures, in particular by making daily backup copies of all data and programs.

13.8 The user is obliged to immediately report any damage in accordance with the above liability regulations to Vinlivt in writing or to have Vinlivt record it, so that Vinlivt is informed as early as possible and may be able to reduce the damage together with the user.

13.9 Vinlivt has financial loss liability insurance for potential damage.

14. Termination

14.1 Vinlivt may also terminate the entire business relationship or individual business relationships, for which neither a term nor a different termination provision has been agreed, at any time subject to a reasonable period of notice. When calculating the notice period, Vinlivt will take into account the legitimate interests of the user.

14.2 Termination of the entire business relationship or individual business relationships without notice is permitted if there is good cause that makes it unacceptable for Vinlivt to continue it, even taking into account the legitimate interests of the user. There may be important reason in particular if the legal or regulatory requirements for the provision of or in connection with Vinlivt's services change. If the important reason is the breach of a contractual obligation, termination is only admissible after the unsuccessful expiry of a reasonable period of time set out to remedy the situation or an unsuccessful warning, unless this is dispensed with due to the special features of the individual case, Section 323 paragraphs 2 and 3 of the Civil Code.

14.3 Subject to a separate agreement, the user is entitled to disconnect from the entire business relationship with Vinlivt at any time without notice. To do this, the user can contact Vinlivt and request a user account solution. Vinlivt will then irrevocably delete the user account and all data after verification and authentication.

15. Miscellaneous

15.1 Applicable Law

15.1.1 These terms of use and all contracts and contractual rights and obligations concluded between Vinlivt and the user including these terms of use are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

15.1.2 All non-contractual rights and obligations arising from or in connection with these terms of use are also subject to and shall be interpreted in accordance with the laws of the Federal Republic of Germany.

15.1.3 The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected.

15.1.4 If the user 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 contractual relationships between the user and Vinlivt is the registered office of Vinlivt GmbH.

15.2 Amendments to the terms of use

15.2.1 Vinlivt reserves the right to change these terms of use and any special conditions at any time. Amendments will be offered to users no later than two months before the proposed effective date in writing or via an electronic means of communication, if agreed. Every user has the right to either agree to or reject the changes before the proposed effective date. The user's consent is considered to have been given if he has not notified his refusal before the proposed date for the changes to take effect. Vinlivt will draw particular attention to this approval effect in its offer.

15.2.2 The remaining parts of the contract remain binding even if individual points are legally ineffective. Where applicable, the ineffective points shall be replaced by the statutory provisions. However, insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.