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Terms and conditions

For contracts relating to FUBEXA. Only for businesses within the meaning of § 14 of the German Civil Code (BGB).

This translation is provided for convenience; in case of discrepancies the German version prevails.

§ 1 Scope

  1. These general terms and conditions apply to all contracts between FUBER LTD, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom, registered with Companies House (England and Wales) 14783209 (“FUBEXA”, “we”), and its customers concerning the use of FUBEXA ONE and related services.
  2. Our offer is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers.
  3. Deviating or supplementary terms of the customer apply only if we expressly agree to them in text form.

§ 2 Services

  1. FUBEXA ONE is software for retailers that the customer uses over the internet in a browser and as an app (software as a service). Depending on the plan, it includes modules for example for sales, warehouse, finance, staff and the cockpit, which matches data from the connected systems and reports discrepancies.
  2. The scope of services is determined by the selected plan and by the offer. The plan descriptions on fubexa.com are an overview; the offer is decisive.
  3. We access the customer’s systems, such as JTL-Wawi and DATEV, on a read-only basis and do not change any data there.
  4. We do not owe any particular economic result, in particular not that every discrepancy will be detected. The customer decides on corrections, complaints and claims.
  5. The AI assistant answers questions on the basis of the connected data. Its answers may contain errors and do not replace a check by the customer.
  6. We do not provide legal, tax or accounting advice.
  7. FUBEXA is software as a service (SaaS) on subscription. The service is digital: after setup, the customer gets access to FUBEXA through a user account in the browser or in the app. No goods are shipped.
  8. FUBEXA does not make payments on the customer’s behalf and does not hold or transfer money. The FUBEXA Finanzen module only records payments.

§ 3 Free trial and error scan

  1. The customer can test FUBEXA ONE on the Pro plan free of charge for 14 days. No payment details are required for the trial. It ends automatically after 14 days and does not turn into a paid contract.
  2. The error scan is a free, one-off check over 14 days with read-only access. It does not oblige the customer to anything, ends automatically with the handover of the report and does not turn into a paid contract.
  3. The provisions of these terms and conditions on access (§ 2(3)), cooperation (§ 5), data protection (§ 8), confidentiality (§ 9) and liability (§ 11) apply accordingly to the trial and the error scan.

§ 4 Conclusion of the contract

  1. The presentation of our services on fubexa.com does not constitute a binding offer.
  2. The contract is concluded when the customer accepts our offer in text form or we confirm the customer’s order in text form.

§ 5 Cooperation by the customer

  1. The customer provides the read access required for the connection and names a contact person.
  2. The customer ensures that it is permitted to grant us access to its systems and data, including vis-à-vis its software providers and suppliers.
  3. The customer keeps its access credentials for FUBEXA ONE secret and informs us without undue delay if it suspects misuse.

§ 6 Fees and payment

  1. The prices stated in the offer apply. Prices are per store and month. All prices are net prices plus statutory VAT.
  2. Each further store of the same customer costs 50% less than the first.
  3. Setup is included in the price; we do not charge a setup fee.
  4. The monthly fee is due monthly in advance. Invoices are payable without deduction within 14 days.
  5. Founding customers: for the first 10 customers who conclude a contract by 31 December 2026, the Pro plan costs €89 per store and month. This price remains unchanged for 24 months from the start of the contract (price guarantee); the contract remains cancellable monthly (§ 7). If the customer’s first month-end close in FUBEXA ONE does not succeed, we refund the first monthly fee.
  6. All prices and payments are in euros (EUR).
  7. We invoice monthly in advance. With yearly payment (lower price), the annual amount is invoiced in advance.
  8. Payment is made after the contract is concluded, using the secure payment link in the invoice we send you – by credit card (Visa, Mastercard) or SEPA direct debit. Card data is not stored by FUBEXA; it is processed by our payment service provider, Stripe.

§ 7 Term and termination

  1. The contract runs for an indefinite period; there is no minimum term. Either party may terminate it with effect from the end of any month.
  2. The right to extraordinary termination for good cause remains unaffected.
  3. Notices of termination must be given in text form.
  4. When the contract ends, we end our access to the customer’s systems. On request, we return the customer’s data as a complete export (§ 8(3)). We delete the customer’s data 30 days after the end of the contract, insofar as no statutory retention obligation prevents this.
  5. On ordinary termination, the monthly fee paid for the current month is not refunded. If the customer terminates for good cause, or if we terminate without any cause on the customer’s side (including for the reasons in § 12), we refund the fee paid in advance pro rata for the period after the contract ends. We refund duplicate or faulty charges in full.
  6. Refunds are made in euros (EUR) to the payment method the customer paid with, through our payment service provider Stripe. We initiate them within 14 days after we have confirmed the refund claim. The page “Cancellation and refunds” summarises the details.

§ 8 Data protection and data export

  1. Insofar as we process personal data on behalf of the customer, our data processing agreement pursuant to Art. 28 GDPR (DPA) applies. The customer receives the signed DPA together with the contract.
  2. We use the customer’s data only to provide the agreed services.
  3. The data belongs to the customer. The owner of the customer account can request a complete export in FUBEXA ONE at any time: every table as a CSV file and every stored file in its original form (without access credentials such as password hashes). We provide the export within 24 hours.
  4. If we discontinue FUBEXA ONE, we provide the customer with the complete export at least 90 days in advance.

§ 9 Confidentiality

  1. Both parties treat all non-public information of the other party as confidential, in particular prices, terms and customer and supplier data. This obligation continues to apply after the end of the contract.
  2. It does not apply to information that is publicly known or that a party must disclose due to a statutory obligation.

§ 10 Availability

We strive for high availability of FUBEXA ONE. We only owe a specific level of availability if it has been agreed in the offer. Where possible, we announce maintenance work in advance.

§ 11 Liability

  1. We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and insofar as we have assumed a guarantee.
  2. In cases of slight negligence, we are liable only for the breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.
  3. We are liable for the loss of data only to the extent that it would also have occurred if the customer had backed up its data properly.
  4. These limitations also apply in favour of our employees and agents.

§ 12 Export controls and sanctions

  1. We do not sell to, or provide services for, customers based in Russia or Belarus, in countries or territories subject to EU, United Nations or US sanctions or embargoes, or persons and organisations that are on EU, UN or US sanctions lists or controlled by such persons.
  2. The customer warrants that none of these cases applies to it, its beneficial owners or its users, and informs us without undue delay of any later change. If one of these cases applies or arises later, we may terminate the contract without notice and stop the services. We refund fees already paid for the period after the contract ends in accordance with § 7(5), unless sanctions law prevents this.

§ 13 Changes to these terms and conditions

We notify the customer of changes to these terms and conditions in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; we point this out in the notification. If the customer objects, either party may terminate the contract with effect from the date on which the changes take effect.

§ 14 Final provisions

  1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. To the extent permitted by law, the place of jurisdiction is the customer’s registered office.
  3. If any provision of these terms and conditions is invalid, the remainder of the contract remains valid.

Version: 12 November 2026