Welcome to factofly.de.

These Terms and Conditions („Terms“) govern your access to and use of the Website and the services provided by Factofly ApS („Factofly“, „we“, „us“ or „our“). By using our website or registering as a user, you agree to be bound by these Terms and Conditions.

1. who we are

Factofly GmbH
c/o Mindspace
Münzstraße 12
10178 Berlin

E-mail: kontakt@factofly.com

2. scope of application

These GTC apply to:

Visitors who access or use factofly.de
Persons who register and use the services of Factofly („Freelancers“)

If you do not agree to these terms and conditions, you may not use the website or our services.

3. our services

Factofly offers a simplified platform for invoicing, compliance and administration for freelancers who want to invoice clients without their own company.

A service contract is concluded between you and Factofly upon registration. Supplementary or specific contractual conditions may also apply.

4. data protection and GDPR

We process personal data in accordance with the General Data Protection Regulation (GDPR).

Details can be found in our privacy policy.

Key points:

We collect minimal data from visitors (e.g. IP address, browser data) for analysis and security purposes.
When you register, we process the information required for our service, including your name, e-mail address, address, tax ID and bank details.

Legal basis: Art. 6 para. 1 lit. b GDPR (fulfilment of contract) and Art. 6 para. 1 lit. f GDPR (legitimate interest).

You have the right to information, rectification, erasure and restriction of processing.

5. duties of the freelancer

With your registration you confirm:

You are at least 18 years old.
The information provided is correct and up-to-date.
You use Factofly exclusively for legitimate freelance activities.
You are responsible for your own tax obligations, unless expressly stipulated otherwise.

6 Payment and fees

Factofly charges a fee for its services, which is disclosed before each transaction.
Payment is made securely via Factofly; the fee is automatically deducted from your invoice amounts.
All prices include the statutory value added tax, if applicable.

7 Intellectual property

All content on this website (text, graphics, logos, software) is the property of Factofly or is licensed accordingly.
Reproduction, distribution or utilisation requires prior written consent.

8. liability

We strive for high availability and data accuracy, but do not guarantee uninterrupted service.
Factofly is not liable for indirect or consequential damages, including lost profits.
The total liability is limited to the amount that the freelancer has paid in fees in the last six months.

9. cancellation

Factofly may suspend or terminate accounts in the event of violations of the GTC or fraudulent/abusive activities. Freelancers can delete their account at any time.

10. changes to the GTC

Factofly may update these terms and conditions from time to time. We will inform you of any significant changes by e-mail or platform notice. Continued use shall be deemed as acceptance of the updated GTC.

11 Applicable law

These GTC are subject to the law of the Kingdom of Denmark. The place of jurisdiction is Copenhagen.

12. contact

support@factofly.com

Additional provisions for freelancers

The following applies in addition to the above GTC and regulates in particular the relationship between Factofly and the freelancers connected via Factofly.

§ 2 - Connection of the freelancer

The connection is made on the basis of the information Factofly receives upon registration and when a task or invoice is created on factofly.com/factofly.io/factofly.dk.
The freelancer must specify their primary area of activity. This determines whether Factofly's liability insurance covers the activity.

If an activity is not insurable, Factofly will contact the freelancer to clarify the insurance conditions.
The connection will only be made once the insurance cover has been fully clarified. Based on the information provided, Factofly draws up an agreement (order confirmation/contract), which is sent to the freelancer's client. EA connection can only take place after the contract between the customer and Factofly has been concluded. The freelancer receives a fixed-term employment contract when an authorised task begins or an invoice is submitted. Only its receipt represents the final connection. If registration and approval is given by Factofly, the general connection in accordance with these terms and conditions applies.

§ 3 - Execution of the work

Freelancers may work independently or for third parties outside Factofly at any time. You can freely decline tasks suggested by Factofly. New tasks that are to be invoiced via Factofly must be registered before the start of work in order to be insured. After approval, Factofly sends the client an agreement; only after client approval does the freelancer receive the confirmation. The task may only be started after receipt of this confirmation. Factofly can reject tasks without having to provide a reason. The refusal does not constitute any liability. Factofly bears the supervisory and insurance obligations during the execution of the work. Payments for tasks can only be made to Factofly with debt-discharging effect.

§ 4 - Illness

The Danish law on sickness benefit applies.

§ 5 - Confidentiality

Freelancers may not disclose or use confidential information about Factofly or its clients/end users. In particular, internal procedures, business secrets, methods, processes, technical drawings, recipes, models and similar information are confidential. This does not apply to data required for the execution or billing of the task or due to legal regulations. The disclosure of personal data is only permitted to the extent necessary and in accordance with Factofly's privacy policy. The confidentiality obligation shall apply for an unlimited period of time during and after termination of the co-operation.

§ 6 - Personal data

Factofly is responsible for all personal data processed in connection with this agreement. Factofly's privacy policy is an integral part of this agreement. Freelancers can request information or correction of their data in writing to: Factofly, Danneskiold-Samsøes Allé 41, 1434 Copenhagen K received.

§ 7 - Insurance

If the Freelancer's primary area of activity is covered by Factofly's liability insurance, Factofly will provide the necessary liability and accident insurance during the performance of the work. VInsurance cover only exists if Factofly has authorised the assignment before the start of work and has concluded a client agreement. Activities that do not fall under Factofly's insurance cover are subject to individual agreement when the contract is concluded, including co-payment if applicable.

§ 8 - Exclusion of liability

Factofly is not liable for damages that occur when: the freelancer provides incorrect information about his area of activity, incorrect information was provided during registration or task notification, the work was started before a customer agreement was in place. This includes, among other things: lack of insurance benefits, non-payment by the customer for non-performance or defective performance.

§ 9 - Breach of contract

Factofly may terminate the employment relationship with immediate effect and cancel invoices if customers dispute the provision of services. Factofly may also terminate the agreement without notice in the event of a material breach of contract by the Freelancer. A material breach of contract exists in particular if: work was not performed or was performed inadequately, material information has been concealed from the customer or Factofly, IInformation on insurance cover was withheld, the freelancer acts in bad faith, false statements are made about the task, its scope or important circumstances. In the event of culpable behaviour, Factofly is entitled to assert claims for damages against the Freelancer.