Terms of Service

Last updated: December 2025

Terms of Service – VATGenius

These Terms of Service ("Terms") govern the contractual relationship between VATGenius ("VATGenius", "we", "us") and the business customer ("Customer", "you") regarding the use of the VATGenius automated input tax refund application service (the "VATGenius Service").

  1. Scope and Conclusion of Contract

1.1 VATGenius offers business customers of Neobanks an automated service for applying for VAT refunds under the input tax refund procedure.

1.2 By accessing and using the VATGenius Service via your Neobank’s application or platform, a user agreement is concluded between the Customer and VATGenius ("Customer User Agreement").

1.3 These Terms apply exclusively to the Customer User Agreement unless otherwise agreed in writing or required by mandatory law.

  1. Description of Services & Sub-processing

2.1 The VATGenius Service is a technical tool designed for data aggregation and analysis, automated submission of VAT refund applications, and monitoring of refund payments.

2.2 VATGenius may provide the service, in whole or in part, through a third party (each a "Third-Party Provider"), if the following conditions are met:

  • Contractual Safeguards: The VATGenius enters into a written agreement with the Third-Party Provider that imposes the same data protection obligations on the Third-Party Provideras are set out in these Terms of Service (pursuant to Art. 28 para. 4 GDPR).
  • Selection & Monitoring: VATGenius shall select the Third-Party Provider with due care and regularly monitor its compliance with data protection regulations.
  • International Transfers: If the Third-Party Provider is located in a third country outside the EU/EEA, the Provider ensures that an adequate level of protection is maintained (e.g., via EU Standard Contractual Clauses).
  • Information: VATGenius provides information about the Third-Party Provider engaged without delay if the Customer requests such information.

2.3 No Contractual Relationship with Third Parties: If a Third-Party Provider is involved, no direct contractual relationship is established between the Customer and the Third-Party Provider. The Third-Party Provider acts solely as a vicarious agent (Erfüllungsgehilfe) of VATGenius.

2.4 VATGenius remains fully liable to the Customer for the performance of the Third-Party Provider's data protection obligations. If the Third-Party Provider fails to fulfill its data protection obligations, the VATGenius shall be liable for the Third-Party Provider's acts and omissions.

2.5 No Advisory Services: VATGenius provides a technical tool only. VATGenius does not provide legal or tax advisory services. VATGenius does not act as the Customer's legal proxy or tax representative.

  1. Usage Restrictions

3.1 The VATGenius Service may be used exclusively for the generation and submission of VAT refund applications.

3.2 The Customer is prohibited from decompiling, modifying, or using the VATGenius Service in any manner that exceeds the contractually agreed purpose.

  1. Customer Obligations

In order to use the VATGenius service, the customer must assure VATGenius that:

  • Tax Status: At the time of the foreign transaction and at the time of application, the Customer was and remains a registered taxable person (Unternehmer) within the meaning of the VAT Act in their state of residence.
  • Activity in Refund Country: During the refund period, the Customer carried out no VAT-taxable transactions (e.g., sales or services) in the refund country and is not registered for VAT there. (Note: Specific transactions where the tax liability shifts to the recipient [Reverse Charge] and certain transport services are exempt from this restriction).
  • Deduction Entitlement: The Customer is entitled to a full (unrestricted) input tax deduction in their state of residence.
  1. Customer Responsibilities and Verification

5.1 The Customer is the sole applicant. The Customer bears exclusive responsibility for the accuracy and completeness of the information provided in the refund application.

5.2 Prior to submission, the Customer will be given the opportunity to review, correct, or cancel the application.

5.3 VATGenius is under no obligation to verify the accuracy or authenticity of the information or invoices used, nor to monitor or remind the Customer of filing deadlines.

5.4 The Customer manages their data via their account at VATGenius. The Customer is responsible for ensuring their data remains up to date.

  1. Fees and Payment Terms

6.1 Setup Fee: A one-time setup fee applies for creating the VATGenius account.

6.2 Success Fee: A success-based fee applies in the event of an actual VAT refund.

6.3 Transparency: The specific amounts for both fees will be displayed to the Customer before the account is created. The Customer may cancel the setup at this stage without incurring costs.

6.4 Invoicing: After successful setup, the Customer will receive an invoice for the Setup Fee. Access to the submission service is granted only after payment of this fee.

6.5 Success Fee Collection: Success fees are automatically withheld from the refund amount. The Customer receives the net refund amount after the fee deduction. Invoices for success fees are sent via email.

  1. Limitation of Liability

7.1 Unlimited Liability: VATGenius shall be liable without limitation for damages arising from:

  • Intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit);

  • Culpable injury to life, body, or health;

  • Claims under the German Product Liability Act (Produkthaftungsgesetz);

  • A breach of a guarantee expressly granted by VATGenius.

    7.2 Simple Negligence and Cardinal Obligations: In the event of a breach of a "Cardinal Obligation" through simple negligence (einfache Fahrlässigkeit), the liability of VATGenius shall be limited to the compensation of the foreseeable, typically occurring damage.

Note: Cardinal obligations are duties whose fulfillment is essential for the proper execution of the contract and on whose observance the Customer regularly relies and may rely (e.g., the technical transmission of the data provided).

7.3 Financial Cap on Liability: In all cases of simple negligence falling under Section 7.2, the liability of VATGenius per contract year is limited to a maximum amount of the total fees (Setup Fees and Success Fees) paid by the Customer to VATGenius in the thirty-six (36) months preceding the damaging event, provided this is legally permissible under the applicable jurisdiction.

7.4 Exclusion of Liability for Accuracy and Deadlines: VATGenius provides a technical automation tool. Consequently, VATGenius assumes no liability for:

  • The substantive accuracy, authenticity, or legal validity of the invoices and data uploaded by the Customer;

  • The non-observance of statutory filing deadlines, unless the delay was caused solely by a technical malfunction of the VATGenius Service;

  • The final decision of the tax authorities (i.e., VATGenius does not guarantee that a refund will be granted).

    7.5 Indirect and Consequential Damages: To the extent permitted by law, liability for indirect damages, consequential damages (including loss of data), and loss of profit is excluded, except in cases of intent or gross negligence.

    7.6 Statute of Limitations: Claims for damages by the Customer shall lapse within twelve (12) months from the end of the year in which the claim arose and the Customer became aware of the circumstances giving rise to the claim, unless the liability is based on intent, gross negligence, or injury to life, limb, or health.

  1. Data Protection

8.1 Regarding personal data provided by the Neobank to VATGenius, a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is concluded between the Neobank and VATGenius, which is attached as an Annex to these Terms.

8.2

8.3. VATGenius processes only the data and invoices necessary for the refund application.

8.4 Data will be deleted once it is no longer required for the refund process, provided that all reclamation periods by tax authorities have expired and no statutory retention obligations exist.

  1. Term and Termination

9.1 The Agreement is concluded for an indefinite period.

9.2 Automatic Termination: The Agreement ends automatically without notice if the Customer’s account at the Neobank (linked to the VATGenius account) is closed. Switching to a different account at the same Neobank requires a new VATGenius account and a new setup fee.

9.3 Ordinary Termination: Either party may terminate the Agreement with five (5) business days' notice. The Customer may terminate via their VATGenius account; VATGenius may terminate via email.

9.4 Extraordinary Termination: The right to terminate for good cause (wichtiger Grund) remains unaffected.

9.5 Effect of Termination: Upon termination, no new applications can be submitted. Existing applications remain unaffected. The Customer retains account access for these pending applications and remains liable for Success Fees upon refund, unless the Customer terminated for good cause.

  1. Final Provisions

10.1 Amendments: Amendments and supplements to these Terms must be made in text form.

10.2 Severability: Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

10.3 Applicable Law: This Agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.4 Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, Germany.