This document is a translation of our German General Terms and Conditions (Allgemeine Geschäftsbedingungen). While we have made every effort to ensure the accuracy of this translation, please note that only the German version is legally binding. In case of any discrepancies or contradictions between the German original and this English translation, the German version shall prevail.

To view the German version, please use the language selector at the top of the screen.

General Terms and Conditions (GTC)

Get Mika GmbH
Kolonnenstr. 8
10827 Berlin

1. General Information and Scope

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Get Mika GmbH (hereinafter "mika") and its customers (hereinafter "Customer") regarding the use of the SaaS solution offered by mika.

1.2 mika's SaaS solution is an intelligent cloud solution (Software as a Service) that provides support in the form of an artificial intelligence-driven financial solution for entrepreneurs. The SaaS solution simplifies accounting and tax processes for small businesses without providing tax advisory services itself.

1.3 Deviating, conflicting, or supplementary GTC of the Customer shall only become part of the contract if mika has expressly agreed to their validity.

2. Subject of Contract and Scope of Services

2.1 mika provides the Customer with temporary access to the SaaS solution via the Internet for the duration of the contract. Access is provided using login credentials that mika provides for the Customer's employees ("Users").

2.2 The scope of services to be provided by mika is determined by the subscription package booked:

DIY Accounting: Invoice validation, mika bot, AI pre-accounting, DATEV export, payment reminders, invoice creation
Peace of Mind: All DIY Accounting services plus additional bookkeeper chat, accounting by AI & bookkeeper, VAT advance return, handover of error-free accounting to the Customer's tax advisor for a more cost-effective annual financial statement (by June 30 of the following year at the latest)

2.3 mika's SaaS solution does not provide tax advisory services within the meaning of the German Tax Advisory Act (StBerG). Using the software does not replace the services of a qualified tax advisor. If tax advisory services are owed as part of the agreed subscription, these services are subject to a separate agreement.

2.4 Additional services such as consulting or workshops for automation and optimization can be booked separately and will be charged at €150 (net) per hour, exclusively upon explicit offer and request from the Customer.

3. Rights and Obligations of Use

3.1 mika grants the Customer the non-exclusive, geographically unlimited, temporally limited to the contract term, non-transferable right to access and use the SaaS solution via web access.

3.2 The Customer may use the SaaS solution only for their own business purposes. Allowing third parties to access the solution is only permitted with mika's consent.

3.3 The Customer is obligated to:

determine and transmit all information that mika requires for contractual service provision
securely store the access credentials to the SaaS solution and make them accessible only to authorized users
secure the SaaS solution against access by unauthorized third parties through appropriate measures
refrain from all measures that could endanger or disrupt the functionality of the SaaS solution

3.4 The operation and configuration of the SaaS solution is the responsibility of the Customer. If mika provides hints, recommendations, or advice within the SaaS solution, these are automatically generated and non-binding information intended to support the Customer in their business decision-making.

3.5 The Customer is solely responsible for compliance with all tax obligations.

4. Availability and Maintenance

4.1 The average availability of the SaaS solution is 99% per month, meaning the SaaS solution may be unavailable for up to 7.5 hours per month. This excludes necessary planned maintenance work and disruptions outside mika's sphere of influence.

4.2 mika will, if possible, inform the Customer of planned maintenance work in text form in a timely manner. However, mika explicitly reserves the right to carry out unannounced maintenance work if necessary, especially if this is required for data and operational security.

4.3 Maintenance includes:

Online remote maintenance and telephone support on weekdays from 9:00 AM to 5:00 PM local time at mika's headquarters
Email support for questions regarding the operation and application of the SaaS solution
Elimination of errors, defects, and disruptions of the SaaS solution
Maintenance of the licensed software within the framework of its functions described in the documentation
All updates of the SaaS solution

4.4 Support requests must be submitted to support@getmika.de or through the feedback function of the SaaS solution. Support can only be provided upon request.

5. Compensation and Payment Terms

5.1 The Customer pays a monthly fee for the use of the SaaS solution, which depends on the chosen subscription and the number of monthly transactions.

5.2 The monthly license fee automatically adjusts to the currently valid price category as soon as the average number of transactions processed in the last three months exceeds the respective threshold. A separate consent or notification is not required. The adjustment takes effect from the following billing period.

5.3 Billing occurs monthly in advance. The amount specified in the invoice is due within the payment period specified on the invoice.

5.4 All prices are net amounts plus statutory value-added tax.

6. Contract Duration and Termination

6.1 The initial minimum contract term is six (6) months.

6.2 The ordinary notice period is three (3) months to the end of the month.

6.3 The right to termination for good cause remains unaffected. For mika, good cause exists particularly if:

The Customer does not pay, does not pay in full, or does not pay on time the agreed fee
The Customer repeatedly and despite prior warning uploads prohibited content to the SaaS solution
The Customer culpably violates their confidentiality obligation

6.4 Upon termination of the contract, mika will delete all content of the Customer, to the extent and as quickly as is technically possible and economically reasonable. mika is entitled to retain content beyond the termination of the contractual relationship if mika is legally, judicially, or administratively obligated to do so.

7. Warranty and Liability

7.1 If the services to be provided by mika are defective, mika will improve the services or provide them again within a reasonable period after receipt of a notice of defect.

7.2 Errors are divided into four error classes and prioritized accordingly:

Error Class A (Operation-preventing error): Resolution within 48 hours
Error Class B (Severe operation-hindering error): Resolution within 72 hours
Error Class C (Minor operation-hindering error): Resolution within four months
Error Class D (Non-operation-hindering error): Resolution during regular revision

7.3 mika has unlimited liability for intent and gross negligence as well as for damages resulting from injury to life, body, or health.

7.4 In cases of simple negligence, mika is liable for breach of a material contractual obligation, whereby the liability is limited to the typical, foreseeable damage at the time of contract conclusion.

7.5 mika is not liable for lack of economic success, lost profit, and indirect damages in case of simple negligence.

8. Data Protection and AI Usage

8.1 Regarding the personal data that mika processes on behalf of the Customer within the scope of the contract, the separately concluded data processing agreement pursuant to Art. 28 GDPR applies.

8.2 The Customer agrees that artificial intelligence is used within the SaaS solution. Data used by the Customer with the SaaS solution is used for validation purposes and for training purposes, whereby for the latter it is ensured that this only happens for models where no data of one customer could become visible to other users.

9. Final Provisions

9.1 Changes and side agreements to this contract must be made in writing. This also applies to this written form clause.

9.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.3 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided that the contracting parties are merchants or the Customer does not have a general place of jurisdiction in Germany.

9.4 Should a provision of these GTC 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 what was economically intended.

Effective: May 7, 2025

Get Mika GmbH
Kolonnenstr. 8
10827 Berlin