General Terms and Conditions of
Airbank GmbH

as of 01 August 2022
  1. Scope

These are the general terms and conditions ("GTC") of Airbank GmbH, registered with the commercial register B of the local court of Charlottenburg under HRB 226357 B, c/o Speedinvest Deutschland GmbH, Chausseestr. 86, 10115 Berlin ("Airbank"). Airbank operates a finance management Software ("Software"). These GTC govern the business relationship between Airbank and persons who register for use of the Software provided by Airbank via the application Software ("App") ("Users")

  1. Airbank provides financial management, accounting and related services ("Services"). In some cases, Airbank provides the Services with the involvement of partner companies.
  1. Airbank provides services exclusively to Users who are entrepreneurs within the meaning of section 14 of the German Civil Code (BGB).
  1. Deviating, conflicting or supplementary general terms and conditions of Users shall only become part of the agreement if Airbank has expressly consented to their application in text form. This consent requirement shall also apply if Airbank begins to perform the Services in the knowledge of a User’s general terms and conditions.
  1. Subject of the Agreement
  1. The App and Software enable the User to manage payment accounts, in particular track cash flow, generate cash flow forecasts, and support financial reporting.
  1. The exact scope of Services depends on the subscription chosen by the User (Starter, Premium or Enterprise). Details can be found at https://joinairbank.com/de/pricing.
  1. The Software is accessible online via the website app.joinairbank.com. The Software cannot be downloaded, but is only accessible online as Software-as-a-Service ("SaaS"). Therefore, an internet connection and a browser are required for any access.
  1. The provision of the internet access required to use the App and the Software does not form part of Airbank's service.
  1. Agreements related to the opening and maintenance of an account (e.g. account agreement, payment service framework agreement, payment agreements) are concluded exclusively between the User and one or more credit institutions. Airbank does not become a party to these agreements.
  1. Airbank shall endeavor, within its sphere of influence, to maximize availability of the App and the Software, but does not guarantee any particular availability. The accessibility of the App and Software may be limited or impossible, in particular during maintenance and/or repair work. Airbank gives 72 hours' notice of maintenance work where possible.
  1. The agreement concluded with Airbank and the User, sections 675c et seq. German Civil Code (BGB) ("User Agreement") shall be independent of and remain unaffected by the agreements existing between the User and the payment account managing payment service provider (usually a credit institution) of the User. This applies in particular with regard to possible charges levied by the User's payment account-holding payment service provider for services ordered by the User via Airbank.
  1. General Requirements for the Use of the App and the Software

The use of the Software offered via the App initially requires registration and login via the App and the associated conclusion of a User Agreement with the associated Order data Processing Agreement (with content according to Annex 1) with Airbank (see section 4 below) (the “DPA”).

  1. Registration, Conclusion of the Agreement, User Account
  1. The registration of the User shall take place using the onboarding process provided for this purpose in the App. There is no entitlement to registration or to conclusion of a User Agreement with the associated DPA.
  1. The User shall choose a personal access password with which they can log into their User Account after successful registration (access password and the User's e-mail address provided during registration hereinafter together "Access Data"). By clicking on a button provided in the onboarding process, the User submits a binding offer to Airbank to conclude a User Agreement with an associated data processing agreement in accordance with these GTC. After submitting the registration form, the User will receive an acknowledgement of receipt from Airbank. Such email does not constitute a declaration of acceptance on the part of Airbank. Only when the User Account is activated by Airbank a User Agreement with the associated DPA comes into effect with Airbank.
  1. The User is obliged to provide truthful information when registering and to ensure that the data stored in the User Account is always up to date. In the event of changes or inaccuracies in the stored data, the User must update or correct this data immediately without being asked to do so. The User can do so in the User Account. If it is not possible to update or correct the data in the User Account, the participant must immediately send the updated or corrected data by e-mail to support@joinairbank.com without being asked to do so.
  1. The User may authorize one or more persons, such as team members, to use the User Account (hereinafter "Authorized Persons") and, if necessary, grant them different levels of authorisation. The User shall inform Airbank of the names and contact details of the Authorized Persons. If there is more than one Authorized Person, the User shall name to Airbank (1) at least one of them who will manage the User Account from a technical point of view (hereinafter "Administrator"), and (2) a contact person who is authorized with regard to the User Agreement.

4.5 User Accounts are individualized and may only be used by the User and Authorized Persons. Passing on the Access Data or otherwise permitting or enabling the use of the User Account by third parties who are not Authorized Persons is prohibited. The User is obliged to keep the Access Data secret, to store it securely and to protect it from unauthorized access by third parties. The User is also obliged to instruct Authorized Persons accordingly, in particular when allowing them to use the App and Software on their own end devices. The user is obliged to inform Airbank immediately in the event of suspected misuse.

  1. The User shall be liable for the persons authorized by it as for its own breaches of duty and its own fault.
  1. The legal relationship of the User with the operator of the app store through which the User obtains the App and the general terms and conditions of this app store shall remain unaffected.
  1. User’s Obligations
  1. By designating a payment account for inclusion in the App and Software, the User consents to Airbank to the fullest extent possible to all activities related to the Services with respect to such payment account. Airbank cannot provide any services to the User without this consent.  
  1. The User is responsible for data and content entered into the App and Software by them or by Authorized Persons.
  1. The User and Authorized Persons may not enter or transmit content into the App nor Software that violates legal provisions, official orders, or common decency. It is furthermore prohibited to enter or transmit data that violates the rights of any third party, in particular regarding copyrights and/or industrial property rights as well as claims under competition law (e.g., for the confidentiality of trade secrets).
  1. The User shall indemnify Airbank against all claims asserted by third parties against Airbank for infringement of their rights or for infringements of rights based on the content provided or transmitted by the User or by Authorized Persons. In this respect, the User shall also bear the necessary costs of Airbank's legal defense, including court costs and lawyers' fees. The indemnification obligation shall not apply if the User is not responsible for the infringement.
  1. The User and Authorized Persons shall refrain from any action that could jeopardize or disrupt the functioning or operation of the App and Software. They shall in particular refrain from,
  1. using automated Software mechanisms (such as robots, crawlers, spiders, scrapers) in connection with the App and Software;
  1. using the App and Software for purposes other than those provided for in the agreement, in particular not for the transmission of so-called viruses, worms or Trojans;
  1. using any existing technical or conventional errors of the App and/or platform to circumvent access blocks, legal prohibitions and/or harm third parties;
  1. distributing illegal content;
  1. taking any other actions that are likely to impair the smooth operation of the App and Software.
  1. The User may not transfer the User Agreement together with the associated DPA to third parties.
  1. The User undertakes to compensate Airbank for all damages arising from the culpable breach of the aforementioned obligations.
  1. Blocking and Deleting Accounts
  1. Airbank is entitled to block the User Account temporarily or permanently at its reasonable discretion,
  1. if the User provides incorrect information during registration and fails to correct this information without undue delay - if applicable, despite Airbank's request to do so;
  1. in the event of misuse, unauthorized or fraudulent use of the User Account, or if there is reason to fear such use on the basis of concrete indications;
  1. if the User or an Authorized Person posts content on the platform or transmits such content via the messaging and communication functions of the platform that is punishable under the applicable laws or serves to prepare punishable acts;
  1. if the User or an Authorized Person breaches any of the obligations under these GTC and the User fails to remedy the breach within a reasonable period of time despite a warning;
  1. if the User has allowed or otherwise enabled an unauthorized third party to use the Account or the Access Data for which the User is responsible; or
  1. if there are other circumstances that would entitle Airbank to terminate for cause.
  1. When deciding on measures in accordance with section 6.1, Airbank will give due consideration to the legitimate interests of the User concerned.
  1. Prices
  1. Airbank offers a tariff system that adapts to the activity and level of use. Details of the charges levied in each tariff are given in the "Prices" section at joinairbank.com/en/prices. If the User exceeds one of the limits specified there for the tariff currently used by them, the next higher tariff level shall automatically apply to them as of the next month. Airbank shall inform the customer of this immediately in text form.
  1. The Services that the User and Authorized Persons may access depend on the subscription that the User has taken out.
  1. Prices are always quoted in euros and net of VAT.
  1. Airbank reserves the right to change prices at any time. Airbank will notify the User of changes in prices in text form at least four weeks in advance. If the User does not agree to the changes, Airbank reserves the right to terminate the User Agreement with the associated DPA.
  1. Invoicing and Payment
  1. Airbank will invoice the User in advance for the fee for the relevant period. There will be no refunds or credits for periods during which the App and Software have not been used, nor in any other case, unless specified in the refund policy (section 9).  
  1. Payments can be made by direct debit, credit card or PayPal. In case of payment by direct debit, the User authorises Airbank to collect the payments to be made by them from a payment account to be named by the User. The User shall be obliged to notify their bank of the direct debit authorisation and to ensure sufficient coverage of the payment account. The User shall bear the costs of a chargeback for which they is responsible plus a further processing fee of EUR 20 net.
  1. Invoices are due upon receipt.
  1. The statutory provisions on default and interest on arrears shall apply.
  1. If an invoice is not paid immediately after the due date, Airbank will send the User a reminder in text form. Airbank may block the User Account two days after sending this reminder until the outstanding amount has been paid. This shall not give rise to any claims on the part of the User.
  1. Claims for damages and termination rights of Airbank shall remain unaffected.
  1. Refund Policy
  1. The User has a special right of termination within the first month of use.
  1. If the User exercises the special right of termination under the previous paragraph, Airbank shall refund the fee paid by the User in full (net) and without interest. The User Account will be downgraded to the free subscription.
  1. Amendments of the App and Software
  1. Airbank reserves the right to make further developments to the App and Software and associated changes to the scope of Services, e.g. through the use of newer or different technologies, systems, procedures or standards. Airbank will inform the User of significant changes to the Services and the date of their implementation ("Change Date") at least one month before the Change Date. If the User demonstrably suffers material disadvantages as a result of the further development or change in performance, he shall be entitled to terminate the User Agreement and the associated DPA with extraordinary effect as of the Change Date. The termination can only be declared to Airbank in text form within two weeks after receipt of the change notification by the participant.
  1. Airbank does not have to  give notice of insignificant changes in performance.
  1. Term and Termination of the Agreement 
  1. The term and termination of the User Agreement with the associated DPA shall be governed by the provisions of the subscription concluded by the customer.
  1. Unless otherwise provided, the User Agreement with the associated DPA shall be automatically renewed after the expiry of the original term for a period corresponding to the duration of the first term, unless the User Agreement with the associated DPA is duly terminated by one of the parties at least two weeks before the expiry of the respective term.
  1. The right to extraordinary termination shall remain unaffected. Reasons for extraordinary termination on the part of Airbank include a delay in payment by the User lasting longer than one week or the opening of insolvency proceedings against the assets of the User.  
  1. Any termination must be in text form (e-mail). The User also has the option to terminate the User Agreement with the associated DPA in the corresponding area of the App.
  1. Thirty (30) days after the effective date of termination, Airbank will delete all contents of a User Account, unless Airbank is required or permitted to retain them for legitimate interests. The User shall be responsible for the storage of any data that he may still need after the termination of the agreement.
  1. Copyright and Intellectual Property
  1. The homepage layout, the graphics and images used, the collection of contents as well as individual contents including the system presentation texts of Airbank as well as all other manifestations and functionalities of App and Software may be subject to industrial property rights and/or copyrights and other rights of Airbank or the respective inventor or author or other holder of rights (hereinafter collectively "Protected Contents"). Unless expressly agreed otherwise in text form or regulated by law, reproduction or use of this Protected Content by the User is not permitted.
  1. The User is not permitted to modify, adapt, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the App or Software.
  1. If the User or Authorized Persons post content in the App or Software for the purpose of editing, the ownership rights, property rights and copyrights thereto shall remain with the User. The User warrants to Airbank that it also holds the rights to such content posted by Authorized Persons. The User hereby grants Airbank a royalty-free, non-exclusive right of use, unlimited in time and place, with respect to all content posted by the User or Authorized Persons. The transfer of rights includes in particular the right to reproduce, store and edit as well as the right to display, broadcast and distribute the content via the platform. The rights granted to Airbank by the participant under this license are limited to the purpose of operating the App and Software and providing the associated Services.
  1. The User undertakes not to infringe any rights to the Protected Content. The User undertakes not to make the documentation associated with the App and Software available to unauthorized third parties, either directly or indirectly, in any capacity, form or for any reason whatsoever.
  1. Reference

Airbank may use the name of the User for reference purposes in commercial transactions unless the User expressly prohibits this in text form.

  1. Confidentiality
  1. For the purposes of the User Agreement, "Confidential Information" means all trade secrets that the User or Authorized Persons post on the platform.
  1. Airbank is obliged, 
  1. to keep Confidential Information strictly confidential and to use it only for the purpose of fulfilling its contractual obligations under the User Agreement with the associated Order Processing Agreement, 
  1. not to disclose or permit access to any Confidential Information to any third party, 
  1. to take reasonable steps to prevent unauthorized persons from gaining access to Confidential Information; and
  1. to secure the Confidential Information against unauthorized access by third parties by taking appropriate confidentiality measures and to comply with the legal and contractual provisions on data protection when processing the Confidential Information. This also includes technical security measures adapted to the current state of the art (Art. 32 GDPR) and the obligation of employees to maintain confidentiality and to observe data protection (Art. 28 (3) lit. b GDPR).
  1. The obligations under section 14.2 do not apply to Confidential Information that must be disclosed due to mandatory legal provisions or a decision of a court and/or a public authority.
  1. The obligations under this section 14 shall remain in force for a period of 3 years beyond the termination of the User Agreement. Legal provisions for the protection of business secrets shall remain unaffected.  
  1. Data Protection
  1. Airbank shall comply with the applicable provisions on data protection. This also includes the conclusion of an DPA in connection with the conclusion of the User Agreement.  
  1. The data that the User or Authorized Users enter into the App and Software will be hosted on Google's servers in the European Union.
  1. The User consents to Airbank processing his/her personal data in the course of registration and use of the App and Software. If the User allows Authorized Persons to use the App, this constitutes a declaration that they have consented to the processing of their personal data. Further information on how Airbank processes personal data and the legal basis for data processing can be found in Airbank's privacy policy, which is available at https://joinairbank.com/de/datenschutz ("Privacy Policy").
  1. Liability
  1. Airbank shall be liable without limitation for intent and gross negligence on the part of Airbank, its vicarious agents and legal representatives, but for slight negligence only in the event of a breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the User Agreement and on the observance of which the User may regularly rely.
  1. Liability in the event of negligence shall be limited to the damage typical for the agreement, the occurrence of which Airbank had to anticipate at the time of conclusion of the agreement on the basis of the circumstances known at that time, but at most to the amount of the fee for one year following the subscription selected by the User.
  1. The above limitations of liability shall not apply in the event of the assumption of express warranties, in the event of claims due to the lack of warranted characteristics and for damages arising from injury to life, limb or health. Liability under the Product Liability Act shall also remain unaffected.
  1. Information regarding Account Information Services
  1. In order to be able to make full use of Airbank's services, it is necessary for the User to enter into an agreement with an account information service provider for the provision of account information services and to instruct the account information service provider to forward account information to Airbank. 
  1. The account information service provider is not a vicarious agent of Airbank and will act independently.
  1. Airbank shall at no time have access to the User's security features required to access the User's payment account.
  1. Airbank shall not be liable for the completeness and accuracy of the account information provided to Airbank by the User's payment account servicing payment service provider or by the account information service provider and that it has been provided without violating banking secrecy and other legal provisions.
  1. Subcontractors for the Provision of Services, Transfer of the Agreement
  1. Airbank is entitled to use subcontractors at its discretion and to enter into sub-  order data processing agreements with them as required.
  1. Airbank shall be entitled to transfer the User Agreement in its entirety to a third party. Airbank shall notify the User thereof in due time, but no later than one month before the transfer takes effect. The User shall then be entitled to extraordinary termination for good cause within two weeks of receipt of the notification.
  1. Severability

Invalidity of a provision shall not affect the validity of the remaining provisions of the User Agreement.

  1. Changes to these GTC
  1. Changes to these GTC shall be offered to the User in text form no later than two months before their proposed effective date.
  1. The changes offered by Airbank shall only become effective if the User accepts them, if applicable by way of deemed consent as set out below.
  1. The consent of the User shall be deemed to have been given if the User has not notified Airbank of his rejection before the proposed date of entry into force of the changes (deemed consent). Airbank will specifically draw the User's attention to this effect of approval in its offer of changes. 

If the User has agreed on an electronic communication channel with Airbank within the framework of the business relationship or if such a channel is usually used, the changes may also be offered by this means.



  1. If the above deemed consent does not apply for any reason whatsoever, the User's silence shall only be deemed to constitute acceptance of the change offer if
  1. Airbank's change offer is made in order to restore the conformity of the contractual provisions with a changed legal situation, because a provision of the GTCs
  • no longer corresponds to the legal situation due to a change in the law, including directly applicable legal provisions of the European Union, or
  • becomes invalid or may no longer be used due to a final court decision, including a court of first instance, or
  • is no longer in compliance with regulatory obligations due to a binding order of a national or international authority competent for Airbank (e.g. the German Federal Financial Supervisory Authority or the European Central Bank), 

and

  1. the User has not rejected Airbank's change offer prior to the proposed effective date of the changes.
  1. Airbank shall in any case inform the User of the consequences of their silence in the change offer.
  1. The fictitious consent shall in any case not apply in the case of 
  • in the case of modifications affecting the principal obligations of the agreement, or
  • amendments which are equivalent to the conclusion of a new agreement, or
  • in the case of amendments which would significantly shift the previously agreed relationship between performance and consideration in favor of Airbank.

In such cases, Airbank will obtain the User's consent to the changes by other means.

  1. If Airbank makes use of the fictitious consent, the User may also terminate the agreement without notice and free of charge before the proposed date on which the changes take effect.
  1. Airbank shall specifically draw the User's attention to this right of termination in its change offer.
  1. Applicable Law and Place of Jurisdiction
  1. Place of performance and exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship including these GTC between Airbank and the User shall be Berlin. Airbank shall, however, remain entitled to take legal action at the registered office of the User.
  1. The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.