Terms of Service
Last updated: January 2025
§1 Scope
(1) These Terms of Service (hereinafter "Terms") apply to all contracts between the operator of Fixcosts (hereinafter "Provider") and the user (hereinafter "Customer") regarding the use of the Fixcosts web application.
(2) The contract language is German. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to them in writing.
§2 Definitions
For the purposes of these Terms:
- "Service": The Fixcosts web application, accessible at fixcosts.com, including all features and content.
- "User" / "Customer": Any natural person who uses the Service, regardless of whether they have a paid subscription.
- "Subscription": A paid usage relationship (Free, Premium, or Pro).
- "Content": All data entered by the user, particularly information about subscriptions and fixed costs.
§3 Contract Formation
(1) The presentation of the Service on the website constitutes a non-binding offer to conclude a usage contract.
(2) The contract is concluded through the Customer's registration and subsequent activation of the user account.
(3) Registration confirmation is sent by email (Magic Link or Google authentication).
(4) For paid subscriptions, the contract is additionally only concluded after successful payment processing.
§4 Description of Services
Fixcosts is a web application for managing subscriptions and recurring costs. Services include, depending on the chosen plan:
4.1 Free Plan (free)
- Management of up to 5 fixed costs
- Dashboard with cost overview
- 4 currencies (EUR, USD, CHF, GBP)
- 5 Quick-Add templates
- Basic investment calculator
- Dark mode
4.2 Premium Plan (€2.99/month or €29.99/year)
- All features from Free
- Management of up to 25 fixed costs
- 10 budgets
- 30+ fiat currencies
- All quick templates
- Email reminders for cancellation deadlines
- 25 days email history
4.3 Pro Plan (€5.99/month or €59.99/year)
- All features from Premium
- Management of up to 50 fixed costs
- 25 budgets
- 30+ currencies + 15 cryptocurrencies
- 50 days email history
- PDF export
- Activity archive (12 months)
- Log export
The Provider reserves the right to expand the scope of features at any time. A reduction of features will only occur after announcement with reasonable notice.
4.4 Important Notes About Scope of Services
Fixcosts is exclusively a tracking and organizational tool. The service is designed for overview and management of subscriptions and recurring costs.
Fixcosts does NOT perform the following actions:
- Cancel subscriptions on behalf of the user
- Make contract changes or conclusions
- Process payments for tracked subscriptions
- Automatic bank connections or account access
- Legally binding communication with providers
The responsibility for cancellation, modification, or other management of subscriptions lies solely with the user.
§5 Prices and Payment
(1) All prices include statutory VAT (where applicable). As a small business according to § 19 UStG, no VAT is shown.
(2) Current prices can be viewed on the pricing page (fixcosts.com/pricing).
(3) Payment is processed through the payment service provider Stripe. The following payment methods are accepted:
- Credit card (Visa, Mastercard, American Express)
- SEPA direct debit
- PayPal
- Klarna
(4) For monthly payment, the fee is due at the beginning of each billing period. For annual payment, the annual fee is payable in advance.
(5) Price changes will be announced by email with 4 weeks' notice. In case of price increases, the Customer has an extraordinary right of termination.
§6 Right of Withdrawal
Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us at:
Tom Silas Helmke c/o Online-Impressum.de #4746
Europaring 90
53757 Sankt Augustin
Germany
Email: info@fixcosts.com
by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day we received notification of your withdrawal. We will use the same means of payment for the reimbursement that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
Special Notice
Your right of withdrawal expires for contracts for the supply of digital content not on a tangible medium if we have begun performance after you have expressly agreed that we begin performance before the expiry of the withdrawal period, and you have acknowledged that by giving your consent you lose your right of withdrawal when performance begins.
§7 Term and Cancellation
7.1 Free Plan
The Free Plan can be terminated at any time without notice by deleting the user account.
7.2 Premium/Pro Plan (monthly)
The monthly subscription can be cancelled at any time effective at the end of the respective billing period. Cancellation is done via account settings or by email.
7.3 Premium/Pro Plan (yearly)
The annual subscription automatically renews for another year unless cancelled with 30 days' notice before the end of the term.
7.4 Extraordinary Termination
The right to extraordinary termination for cause remains unaffected. A cause exists in particular in case of:
- Material breach of contractual obligations
- Violation of these Terms despite warning
- Payment default of more than 30 days
7.5 Consequences of Termination
After termination, the Customer's data remains available for export for 30 days. Thereafter, all data will be irrevocably deleted. Statutory retention obligations remain unaffected.
7.6 Plan Changes and Downgrade
When downgrading to a lower-priced plan, the user's data is automatically adjusted to the limits of the new plan. Before the downgrade, the user receives a detailed warning showing exactly which entries will be deleted (oldest first). After confirmation by the user, excess subscriptions and budgets are permanently deleted. Email notifications are automatically disabled when switching to the Free plan. The user can upgrade to a higher plan at any time.
§8 Usage Rights and Obligations
8.1 Usage Right
The Provider grants the Customer a non-exclusive, non-transferable right to use the Service for the duration of the contractual relationship in accordance with these Terms.
8.2 Customer Obligations
The Customer agrees to:
- Not enter or store any illegal content
- Keep login credentials (email, password) confidential and not share them with third parties
- Notify the Provider immediately if misuse of the account is suspected
- Not misuse the Service
- Not perform automated access (bots, scrapers) without permission
- Provide truthful information during registration
8.3 Customer Content
The Customer remains owner of all data entered by them. The Provider only receives the usage rights necessary to provide the Service.
§9 Intellectual Property
(1) All rights to the software, design, trademarks, and other content of the Service remain with the Provider.
(2) The Customer only receives the usage rights described in §8.1. Sublicensing, reproduction, decompilation, or other exploitation is not permitted.
(3) Content entered by the Customer remains the property of the Customer.
§10 Availability
(1) The Provider aims for 99% annual average availability of the Service. Excluded from this are:
- Scheduled maintenance (announced with at least 24 hours notice)
- Disruptions outside the Provider's control (force majeure, third-party disruptions)
(2) No guarantee for specific availability is given.
(3) The Provider is entitled to further develop and technically modify the Service as long as this is reasonable for the Customer.
§11 Liability and Warranty
(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intentional or grossly negligent conduct by the Provider.
(2) For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables proper performance of the contract and on which the Customer may regularly rely. In this case, liability is limited to the foreseeable, contract-typical damage.
(3) Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate backup copies.
(4) Liability in all cases is limited to the amount the Customer has paid to the Provider in the last 12 months, but maximum €500.
(5) Liability for indirect damages and lost profits is excluded to the extent permitted by law.
(6) The above limitations of liability also apply in favor of the Provider's legal representatives and vicarious agents.
11.1 Special Liability Exclusions
Cancellation Deadlines and Reminders: The cancellation deadlines calculated by the Service and reminders sent are non-binding and serve only as guidance. The Provider assumes no liability for:
- Missed cancellation deadlines, even if reminders were set up
- Incorrectly calculated cancellation deadlines due to incomplete or incorrect user entries
- Undelivered email notifications (e.g., due to spam filters, technical issues, incorrect email addresses)
- Financial damages from ongoing subscription costs after missed cancellation
User Data: The user is solely responsible for the accuracy, completeness, and currency of the data they enter. The Provider is not liable for damages resulting from incorrect or incomplete user entries.
No Guarantee for Email Delivery: Although the Provider endeavors to deliver all emails reliably, no guarantee can be given for actual delivery. The user is responsible for keeping track of their cancellation deadlines independently of email reminders.
§12 Data Protection
(1) The Provider processes the Customer's personal data exclusively in accordance with applicable data protection laws.
(2) Details on data processing are described in the Privacy Policy at fixcosts.com/privacy.
(3) The Customer consents to their email address being used for transactional emails (e.g., Magic Links, payment confirmations). Optional notifications require separate consent.
§13 Reviews
13.1 Review System
Registered users may submit a review of the Service after a minimum usage period of 14 days and at least 5 tracked subscriptions. Reviews consist of a star rating (1-5 stars) and an optional comment.
13.2 Publication
By submitting a review, the user agrees that it may be publicly displayed on the website after review and approval by the Provider. Upon publication, the user's first name (first part of the full name) will be displayed alongside the review. If no name is provided, the review will be displayed as "Verified User".
13.3 Modifications
Reviews may be modified once after initial submission (maximum 2 submissions per user). This serves to protect against abuse of the review system.
13.4 Moderation
The Provider reserves the right to review and reject submissions that violate applicable law, contain offensive content, or are obviously abusive. There is no entitlement to publication of a review.
§14 Changes to Terms
(1) The Provider reserves the right to change these Terms with effect for the future, provided this is reasonable for the Customer.
(2) Changes will be communicated to the Customer by email at least 4 weeks before taking effect. The amended Terms are deemed approved if the Customer does not object in writing or by email within 4 weeks of receiving the change notification.
(3) If the Customer objects to the changes, the Provider may terminate the contractual relationship ordinarily at the end of the current billing period. The Customer also has an extraordinary right of termination in this case.
(4) The Customer will be specifically informed of the significance of objection in the change notification.
§15 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent legally permissible, Sankt Augustin, Germany. This does not apply if the Customer is a consumer and has no general place of jurisdiction in Germany.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
(4) Side agreements, amendments, and additions to this contract require text form (email suffices).
§16 Contact
For questions about these Terms, please contact:
Tom Silas Helmke
Fixcosts
c/o Online-Impressum.de #4746
Europaring 90
53757 Sankt Augustin
Germany
Email: info@fixcosts.com
These Terms were created to the best of our knowledge. For legally binding advice, please consult a lawyer.