Terms of Use

Last updated: 2 September 2026

1. Scope and parties

These Terms of Use govern the use of the E-Rechnung Pro service, available at zugferd.randomstar.org (the "Service"), which is provided by CHERNOVA LILIIA PETRIVNA, Private entrepreneur under the law of Ukraine, Masyv Raiduzhnyi 24, 67804 Lymanka, Odesa district, Odesa region, Ukraine, email zugferd@randomstar.org (the "Provider", "we", "us").

They apply to every registration for, and every use of, the Service by you (the "Customer", "you"). By ticking the box during registration you accept these Terms of Use. Terms of business of the Customer that conflict with or deviate from these Terms of Use do not apply, even if we perform the contract without expressly objecting to them.

2. Business customers only

The Service is offered exclusively to entrepreneurs, self-employed professionals, legal persons and public bodies acting in the exercise of their commercial or professional activity. It is an entrepreneur within the meaning of section 14 of the German Civil Code and a professional within the meaning of the preliminary article of the French Consumer Code.

The Service is not offered to consumers. By registering you confirm that you are acting in the exercise of your commercial or professional activity and not as a consumer. Consequently, the statutory rules on distance contracts with consumers, including any right of withdrawal, do not apply to this contract.

3. What the Service does, and what it does not do

The Service allows you to create electronic invoices from scratch, to convert existing PDF invoices into hybrid documents containing embedded structured XML, and to check documents for technical conformity with the ZUGFeRD and Factur-X specifications.

The following limitations are an essential part of this contract and you acknowledge them expressly:

• No tax or legal advice. The Service is a software tool. We do not provide tax advice, legal advice, accounting services or bookkeeping services, and nothing produced by the Service constitutes such advice. Responsibility for the accuracy, completeness and legal correctness of the content of your invoices, including all tax entries, rests exclusively with you.
• No warranty of acceptance. Whether a document produced by the Service is accepted by its recipient, by a tax authority, by a platform or by any other body depends on the recipient's own rules and on requirements applicable to you, which are outside our control. A successful technical validation does not constitute an assurance of acceptance.
• Technical validation only. The validation function assesses conformity of a document with the technical specification. It does not assess whether the content is factually or fiscally correct, and does not detect incorrect amounts, incorrect tax rates or incorrect party details.
• No status as a certified platform. We are not a certified partner dematerialisation platform, not a public invoicing portal and not an intermediary for transmitting invoices to any tax administration. The Service does not transmit your invoices to any authority.
• Compliance obligations remain yours. You remain solely responsible for compliance with the invoicing, retention and reporting obligations applicable to you, including the archiving of your invoices for the period required by the law applicable to you.

4. Formation of the contract and your account

By submitting the registration form you make an offer to conclude a contract for the free plan. The contract comes into effect when we confirm your registration and activate your account. For paid plans, the contract comes into effect when we confirm your order after a successful payment authorisation.

You must provide accurate and complete registration details and keep them up to date. Your access credentials are personal. You must keep them confidential, must not disclose them to third parties and must notify us without undue delay if you become aware of any unauthorised use of your account. You are responsible for all activity carried out through your account, unless that activity is not attributable to you.

An account may be used by one company. Use by several independent businesses through a single account, and resale or sublicensing of access, is not permitted without our prior written consent.

5. Plans, limits and fair use

The Service is offered under several plans whose current features, quotas and prices are set out on our pricing page, which forms part of these Terms of Use. Quotas, such as the permitted number of validations per day or documents per month, are enforced automatically. Once a quota is exhausted, the corresponding function is unavailable until the start of the next period or until you change plan.

The free plan is provided without charge and without any assured availability. We may modify or discontinue the free plan at any time with reasonable notice.

Where a plan is described as unlimited, this is subject to reasonable use. We may apply technical rate limits in order to protect the stability of the Service and to prevent automated mass use that materially exceeds normal business use. We will inform you before applying any such limit to your account, unless immediate action is required to protect the Service.

6. Prices, taxes and payment

Prices are those stated on our pricing page at the time of your order. All prices are net prices and exclusive of value added tax.

No value added tax identification number pursuant to section 27a of the German Value Added Tax Act has been issued; the provider is not registered for value added tax in the European Union.

Payment is made by card through our payment service provider. Subscriptions are payable in advance for the chosen billing period. Invoices are made available in your account.

Subscriptions renew automatically for a further period of the same length unless terminated in accordance with section 7. By subscribing you authorise us to charge the recurring fee to the payment method you have stored, until you terminate.

If a payment fails, we may retry the charge and may suspend paid functions until payment is received. We may charge default interest at the statutory rate.

We may adjust prices for future billing periods. We will notify you in text form at least 30 days before the change takes effect. If you do not agree, you may terminate the contract with effect from the date on which the change would take effect; termination must reach us before that date. If you do not terminate within that period, the changed price applies from the next billing period.

7. Term, termination and downgrade

The contract runs for the billing period you selected and renews automatically as described above.

You may terminate your subscription, or downgrade to a lower plan, at any time with effect from the end of the current billing period, using the billing section of your account. Termination takes effect at the end of the period already paid for; fees already paid are not refunded on a pro rata basis, except where mandatory law provides otherwise.

The free plan may be terminated by either party at any time.

The right of either party to terminate for cause remains unaffected. Cause exists for us in particular where you materially breach section 9, where you are in default of payment despite a reminder, or where insolvency proceedings are opened over your assets.

We may suspend access to your account temporarily where this is necessary to avert an imminent danger to the security or integrity of the Service. We will inform you of the reason and lift the suspension as soon as the reason ceases to apply.

Following termination you may download your documents for a period of 30 days. After that period we delete your data in accordance with our privacy notice.

8. Your content and rights of use

You retain all rights in the files, data and content that you upload to or create with the Service ("Customer Content"). We acquire no ownership of it.

You grant us the simple, non-exclusive right, limited to the term of the contract and to the purpose of performing it, to store, reproduce, transmit and process your Customer Content to the extent necessary in order to provide the Service to you, including transmission to the validation and rendering components described in our privacy notice. We do not use Customer Content for any other purpose, and in particular not for advertising or for the training of machine learning models.

You warrant that you hold the rights required to upload your Customer Content and that its use through the Service does not infringe the rights of third parties or applicable law.

You are responsible for keeping your own backup copies of your Customer Content. The Service is not an archiving system within the meaning of tax law.

All rights in the Service itself, including the software, the interface, the templates, the documentation and the trade marks, remain with us or our licensors. You receive a simple, non-transferable, non-sublicensable right, limited to the term of the contract, to use the Service for your own business purposes.

9. Acceptable use

You must not:

• use the Service in breach of applicable law, or to create documents with content that is false or intended to deceive;
• upload content that is unlawful, or that infringes third party rights;
• upload malicious code, or attempt to gain unauthorised access to the Service, to other accounts or to the underlying infrastructure;
• circumvent quotas, rate limits or access controls, including through automated registration of multiple accounts;
• place a load on the Service that impairs its operation for other customers;
• reverse engineer, decompile or copy the Service, except to the extent permitted by mandatory law;
• resell the Service or make it available to third parties without our prior written consent.

10. Availability and maintenance

We operate the Service with the care customary in the industry and endeavour to achieve high availability. No specific level of availability is assured, and no service level agreement is concluded, unless expressly agreed in writing.

Availability may be restricted by maintenance, by security updates, by faults outside our sphere of control, in particular in networks or at our hosting provider, and by events of force majeure. We will announce planned maintenance that is expected to cause material interruption in advance where reasonably possible, and will schedule it outside normal business hours where possible.

11. Defects

We provide the Service in a condition suitable for use in accordance with the contract. You must notify us of defects in text form, describing them in a comprehensible manner. We will remedy reproducible defects within a reasonable period.

Claims based on defects are excluded where a defect results from your own modification of files, from use contrary to the contract, or from software or systems not provided by us.

Strict liability for defects existing at the time of conclusion of the contract, irrespective of fault, is excluded.

12. Liability

The following provisions apply to claims for damages and for reimbursement of futile expenditure, on whatever legal basis:

1. We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, for fraudulently concealed defects, under any guarantee we have expressly given, and under mandatory statutory product liability rules.
2. In the case of slight negligence we are liable only for breach of a material contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the damage which is foreseeable and typical for this type of contract.
3. Subject to paragraph 1, our aggregate liability in the case of slight negligence is limited, per contract year, to the amount of the fees actually paid by you for the Service in the twelve months preceding the event giving rise to the damage, and to a minimum of one hundred euros where no fees have been paid.
4. Subject to paragraph 1, we are not liable in the case of slight negligence for loss of profit, loss of production, loss of anticipated savings, damage to reputation, or claims of third parties against you.
5. Our liability for loss of data is limited, in the case of slight negligence, to the expenditure that would have been necessary to restore the data had you maintained backup copies in accordance with the state of the art and at appropriate intervals.
6. The above limitations apply equally to the personal liability of our employees, agents and subcontractors.

We are in no case liable for tax, fiscal or administrative consequences arising from the content of your invoices, from their rejection by a recipient or authority, or from your failure to comply with invoicing or archiving obligations applicable to you. That risk lies within your sphere of responsibility, in accordance with section 3.

13. Indemnity

You shall indemnify us against claims that third parties assert against us on the ground that Customer Content uploaded or created by you infringes their rights, and shall reimburse us the reasonable costs of legal defence, unless you are not responsible for the infringement. We will inform you of any such claim without undue delay and will not acknowledge it without your consent.

14. Data protection

We process personal data in accordance with our privacy notice, which is available on this website.

To the extent that we process personal data contained in your invoices on your behalf, you act as controller and we act as processor within the meaning of Article 28 of Regulation (EU) 2016/679. A data processing agreement, including the standard contractual clauses where relevant, is published at zugferd.randomstar.org/static/dpa/ and forms an integral part of this contract from the moment these Terms of Use are accepted. No separate signature is required; on request we will provide and sign a separate counterpart bearing your company details. You warrant that you are entitled to have that data processed by us.

15. Confidentiality

Each party shall keep confidential all information of the other party that is marked as confidential or is evidently confidential by its nature, and shall use it only for the purposes of this contract. This obligation does not apply to information that is publicly known, that was already lawfully known to the receiving party, or that must be disclosed by law or by order of a court or authority. It survives the end of the contract for three years.

16. Changes to these Terms

We may amend these Terms of Use where this is necessary in order to reflect changes in the law, in case law, or in the functions of the Service, provided the amendment is reasonable for you taking into account our interests and does not materially disturb the balance of the contract.

We will notify you of any amendment in text form at least 30 days before it takes effect. If you do not object in text form before the amendment takes effect, it is deemed accepted; we will inform you of that consequence in the notification. If you object, either party may terminate the contract with effect from the date on which the amendment takes effect.

17. Force majeure

Neither party is liable for the non-performance of its obligations, other than obligations to pay money already due, to the extent that the non-performance is caused by an event beyond its reasonable control, including armed conflict, acts of war, attacks on critical infrastructure, general failures of power or telecommunications networks, official measures, strikes and natural disasters. The affected party shall inform the other party without undue delay and shall use reasonable efforts to limit the effects. If such an event lasts for more than 60 days, either party may terminate the contract with immediate effect.

18. Governing law and place of jurisdiction

This contract is governed by the law of the Federal Republic of Germany, to the exclusion of its conflict of laws rules and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Berlin, Germany, provided that the Customer is a merchant, a legal person under public law or a special fund under public law. We remain entitled to bring proceedings at the Customer's general place of jurisdiction.

Provisions of the law of the Customer's country of establishment which cannot be derogated from by agreement, and the application of Regulation (EU) 2016/679, remain unaffected.

The parties shall attempt to resolve any dispute amicably before commencing proceedings. Each party shall address the other in text form and allow a period of 30 days for a response.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, since the Service is not offered to consumers. The online dispute resolution platform of the European Commission ceased operation on 20 July 2025 and is therefore no longer referenced.

19. Final provisions

Amendments and supplements to this contract must be made in text form. This also applies to any waiver of the requirement of text form.

You may assign this contract to a third party only with our prior written consent, which shall not be unreasonably withheld. We may transfer this contract to a legal successor in the event of a reorganisation of our business, and will inform you in advance; you may terminate the contract within 30 days of that notification.

Should any provision of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory rules.

These Terms of Use are published in English, German, French and Ukrainian. In the event of any discrepancy, the English version prevails, save where mandatory law requires otherwise.