Terms of use

1. What this is about

These terms are the license agreement (EULA) for the Folnaro Mac app. They apply between you and Daniel Boberg, Klinkerwerkstraße 8, 32549 Bad Oeynhausen, Germany (“we”). They replace Apple’s standard license agreement for licensed applications.

This agreement is between you and us only, not with Apple. We, not Apple, are responsible for Folnaro and its content. Apple’s Media Services Terms and Conditions also apply to the purchase itself. The Usage Rules there take precedence over these terms where they say otherwise.

Folnaro is made for freelancers and small businesses. If you use Folnaro as a consumer, you keep all the rights the law gives you as a consumer. Nothing in these terms limits them.

2. Purchase, trial and subscription through Apple

You download Folnaro for free from the Mac App Store and can try every feature for 30 days from your first download. You do not need payment details for this. The trial ends by itself; no subscription is created.

After that you unlock Folnaro Pro with a subscription (monthly or yearly) or with the one-time purchase. Both unlock exactly the same features. You find the current prices in the App Store and on the pricing page.

• Apple is the seller. You conclude the purchase contract with Apple (in the EU Apple Distribution International Ltd., Ireland). Apple takes the payment, renews and ends subscriptions and decides on refunds. We cannot take or refund payments ourselves.
• Subscription: the subscription renews automatically for the chosen period unless you cancel it at least 24 hours before it ends. You can cancel at any time in your Apple Account settings under Subscriptions. The subscription then runs until the end of the paid period.
• One-time purchase: the one-time purchase unlocks Folnaro Pro without an end date, including in future versions of Folnaro that we offer in the Mac App Store. Apple does not end a running subscription automatically when you buy it. Cancel it yourself if you use the one-time purchase.
• Family Sharing: you can share the subscription and the one-time purchase with your family through Apple’s Family Sharing.

3. Withdrawal and refunds

Because Apple is the seller, your right of withdrawal and refunds are governed by Apple’s Media Services Terms and Conditions. As a consumer in the EU you can, as a rule, withdraw from a purchase within 14 days without giving a reason. You declare the withdrawal and request refunds to Apple, most easily at reportaproblem.apple.com. The exact rules, including when the right of withdrawal for digital content ends early, are in Apple’s Media Services Terms and Conditions.

4. Your license

We grant you the simple, non-transferable right to use Folnaro on Apple devices that you own or control, within the Usage Rules in Apple’s Media Services Terms and Conditions. This includes use by members of your Family Sharing group.

You may not rent, lend, sell or pass on Folnaro, and you may not modify, reverse engineer or decompile it unless the law expressly allows it (sections 69d and 69e of the German Copyright Act, UrhG). This license ends if you breach these terms and do not remedy the breach after being notified. Your right to your data (section 5) is not affected.

5. Your data stays yours

What you enter in Folnaro belongs to you. We have no access to it (see the privacy policy). Because you have to keep invoices, receipts and books for many years, we promise you:

• After the trial or a subscription ends, you can still view, search and print your data, export it as PDF, DATEV, XRechnung and the package for your tax advisor, and back it up. You can still cancel a wrong invoice too. Agents can still read through MCP.
• Only creating and finalizing new documents, expenses and time entries is locked then.
• We do not take these abilities away from you through an update.
• Backups and exports are ordinary files in a place of your choice that you keep even without Folnaro.

You are responsible for your data and for keeping it. Folnaro makes backups automatically. In addition, keep a backup in a second place regularly, for example on an external drive.

6. Updates and changes

We provide the updates needed for Folnaro to keep working as agreed, including security updates. This applies during a subscription for its term, and for the one-time purchase for as long as you can expect given the nature and purpose of Folnaro. The Mac App Store informs you about updates. If you do not install such an update although we informed you about it, we are not liable for defects that result solely from that.

Folnaro needs a current version of macOS. Which one is shown in the App Store. New features are an offer, not an entitlement.

Beyond that, we change Folnaro only for a valid reason, such as new legal requirements (for example for e-invoices or tax returns), new versions of macOS, security, or to improve features. Such changes cost you nothing extra. We inform you about them clearly and comprehensibly. If a change impairs your access to or use of Folnaro more than insignificantly, we inform you in advance on a durable medium. You can then end the contract free of charge within 30 days of the information or of the change, whichever is later. This does not apply if we keep providing the unchanged version to you at no extra cost.

7. No tax or legal advice

Folnaro is a tool for your own bookkeeping. It calculates according to rules we have implemented and tested carefully, for example for mandatory invoice details, VAT, the VAT return, the EC sales list and the profit statement (EÜR). But Folnaro does not advise you and does not know your particular situation. You decide whether details, settings and returns are right for you, when in doubt together with your tax advisor. Check figures before you file them with the tax office or pass them on. Your rights in case of defects in Folnaro (section 8) are not affected.

8. Warranty

The statutory rights apply to defects in Folnaro. If Folnaro does not work as promised, write to us. We will take care of it. You can also notify Apple of a defect. Apple may then refund the purchase price to you. Beyond that, to the extent permitted by law, Apple has no warranty obligation for Folnaro. We, not Apple, are responsible for all other claims relating to defects.

9. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.

In case of slight negligence we are liable only if we breach an essential obligation, that is an obligation whose fulfillment makes the proper use of Folnaro possible in the first place and on whose fulfillment you may regularly rely. Our liability is then limited to the damage typically foreseeable when the contract was concluded. If you did not back up your data regularly, we take contributory fault into account for a loss of data under section 254 of the German Civil Code (BGB).

These rules also apply to the people we use to perform our obligations. Your statutory rights in case of defects (section 8) are not affected.

10. What you keep in mind

• You use Folnaro only within the law. You are the controller under data protection law for your customers’ data.
• Agents you connect through MCP act on your behalf and only with the permissions you grant. Check what an agent creates or finalizes.
• Services you connect to Folnaro, such as your email server, Paperless-ngx, iCloud or the VAT ID check, are governed by their providers’ terms.
• You confirm that you are not located in a country subject to a US government embargo or designated by the US government as a terrorist supporting country, and that you are not listed on any US government list of prohibited or restricted parties.

11. Help and contact

We, not Apple, are responsible for help, maintenance and support for Folnaro. You find answers to many questions in the help. Direct questions, complaints or claims about Folnaro to:

Daniel Boberg
Klinkerwerkstraße 8
32549 Bad Oeynhausen
Germany
Email: support@folnaro.app

12. Third-party rights

If anyone claims that Folnaro or your use of it infringes their intellectual property rights, we, not Apple, take care of it. Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement. Once you accept these terms, Apple can enforce them against you as a third-party beneficiary.

13. Law and dispute resolution

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the country where you have your habitual residence.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. If there is a problem, just write to us directly.

14. Versions of these terms

The version that applied when you downloaded or bought Folnaro applies to you. If these terms change, the new version applies to you only if you agree to it. The German version is authoritative; the English version is a translation.