Terms/Conditions
Last updated: March 31, 2023
Welcome to avixpense!
We provide an expense management software, developed specially to reflect the needs of aviation companies.
All use of the Services, information, website, and content provided through, in connection with, or made available on the website is subject to your acceptance of these Terms and Conditions and our Privacy Policy.
The following Terms and Conditions incorporate a legal agreement between you “Customer” and avixpense and set forth the Terms and Conditions by which avixpense will make the Service available in order to electronically provide Customer with use of and access to avixpense Data and Services.
By accessing or using the avixpense Service in any manner, such as browsing the Site, using the Application on your mobile device or by entering into a statement of work with avixpense, you are indicating that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you have no right to access or use the avixpense Service or Site Content. If you agree to the Terms of Service and do not agree to any Program Terms, please refrain from using the corresponding Program. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, you will refer and apply to that company or other legal entity.
1. Object of the contract.
These Software Terms and Conditions apply to legal transactions between companies for the delivery and licensing of software. Software, within the meaning of these Terms and Conditions, concerns computer programs as defined by Article 40a of the Austrian Copyright Act [Urheberrechtsgesetz] which have been distributed as standard by the licensor or custom developed/adapted by the licensor.
The scope and associated software services as well as any additional services are to be defined in an individual contract. These Terms and Conditions shall also apply to those software services and additional services.
2. Customer’s Right.
Provided that you comply with these Terms, avixpense grants you a revocable, non-exclusive, non-transferable, limited right to: access and use the Service for your internal business purposes; download, install and use mobile or desktop applications and plug-ins to access and use the Service.
3. Customer’s Obligations.
3.1. Customer’s Account: Your access and use of the Service are limited to the number of individual users specified in your subscription plan or in the relevant order. Each User shall be identified using unique login information which may include usernames and passwords and such User Login shall be used only by one named user, to whom the expenses relate to. Using one User Login to manage expenses of a named user other than the named user to whom the User Login belongs shall be construed as a violation. You are solely responsible for determining whether the Service or the information generated by it is accurate or sufficient for your purposes.
3.2. Permissible Use: You agree not to license, sub-license, sell, rent, lease, transfer, distribute, time share, assign, or otherwise exploit the Service for commercial purposes or make it available to any third party, except for users within your organization for internal business purposes, as expressly permitted by these Terms. Adapt, modify, reverse engineer, or hack the Service or otherwise attempt to gain or gain unauthorized access to the Service or related systems or networks. Use the Service, store or transmit Customer Data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights. Use the Service to store or transmit any content that infringes upon any person’s intellectual property rights or is unlawful, hateful, racist, abusive, defamatory, obscene, or discriminatory. Use the Service to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan virus, time bombs, or any other similar harmful software. Or use the Service for the purposes of cookie tracking, ad exchanges, ad networks or data brokerages.
It is your responsibility to obtain and keep up-to-date hardware or devices that can be used to access and utilize the Service, along with any updates that may be released. Additionally, please note that malfunctions and delays may occur while using the Service due to the inherent nature of the Internet and electronic communications.
It is your responsibility to obtain the necessary data network or internet access to use the Service. If you access or use the Service from a wireless-enabled device, your mobile network’s data and messaging rates and fees may apply, and you will be responsible for paying such rates and fees.
4. Use of Service.
Any enhancements, new features, or updates to the Service that are released by avixpense will be subject to these Terms, and avixpense reserves the right to deploy updates at any time.
From time to time, the Service may be temporarily unavailable due to scheduled downtime for upgrades and maintenance. In such cases, avixpense will make commercially reasonable efforts to notify the customer in advance.
Notwithstanding anything to the contrary contained elsewhere, avixpense shall not be liable for unavailability of the Service caused by circumstances beyond avixpense’s reasonable control, such as, but not limited to, acts of government, acts of terror or civil unrest, technical failures beyond avixpense’s reasonable control – including, without limitation, inability to access the internet, or acts undertaken by third parties, including without limitation, distributed denial of Service attacks.
avixpense will provide technical support and other support services to you. You may request support by e-mailing support@avixpense.com.
You agree that avixpense shall not have an obligation to provide support for the following: restoration of any data that has been lost due to your failure in maintaining backup copies, the issue is due to a failure on your part to use the Service in accordance with the technical documentation provided by avixpense, including any minimum Service requirements. Any accident or disaster affecting your network or systems. Modifications or alteration made by you without avixpense’s approval and your failure to install updates or improved versions of the whole or part of the Service provided by avixpense. Or where the Service or its domains are not whitelisted by you or your ISP.
5. Third-Party Services.
You acknowledge and agree that your use of third-party services is subject to the Terms and Conditions and privacy policies of the respective third-party, and that avixpense shall not be liable for any issues related to your access, use, or enablement of such third-party services, including the processing of your data by such third party. If you encounter any issues related to your use of third-party services, you should contact the third-party service provider for assistance.
6. Intellectual Property Rights.
Except for the rights granted to you under “Customer’s Right”, all rights, title, and interest in and to all intellectual property and/or proprietary rights, title, and interest in or related to the Service, including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how, collectively, “Intellectual Property Rights” shall belong to and remain exclusively with avixpense. You shall retain all ownership over customer data.
avixpense shall have a worldwide, royalty-free, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from you.
6.1. Trademarks: avixpense trademarks and/or Service marks may not be used in connection with any product or Service that is not provided by avixpense, in any manner that is likely to cause confusion among customers or users of the Website, tarnishes or dilutes the marks, or disparages or discredits avixpense.
“avixpense”, the avixpense logo and other identifying marks of avixpense are and shall remain the trademarks and trade names and exclusive property of avixpense, and any unauthorized use of these marks is unlawful. Other trade-marks on the Service are the property of their respective owners.
6.2. No Granting of Ownership Rights: Customer acknowledges that avixpense owns all right, title, and interest, including but not limited to all copyright rights therein in and to the avixpense Service and that Customer shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting Customer or any end users any ownership rights in or to any avixpense Service.
6.3. avixpense’s Right to Terminate: avixpense reserves the right at any time to terminate this agreement, or withdraw from distributing avixpense Service.
All rights not expressly provided to you herein are reserved.
7. Payment and Commercial Terms.
Unless otherwise specified in your order or subscription plan, all charges associated with your account, including setup fees, must be paid in full and in advance when you subscribe to the Service.
You shall be billed as per your subscription plan. You will be billed in advance on a recurring and periodic basis billing cycle. Billing Cycles are set either on a monthly or quarterly basis, depending on the type of subscription plan you select.
At the end of each billing cycle, your subscription will automatically renew for an equivalent subscription Term at the then prevailing charges unless terminated in accordance with these Terms.
You agree that until your account is terminated your subscription shall automatically be renewed at the subscription charges prevalent at the time of such renewal, even if you do not use our Service. Subscription charges are non-refundable unless expressly agreed to by avixpense.
Licensed, Not Sold: Use of avixpense Service is licensed, and not sold.
avixpense may change the fees at any time and will inform you four weeks in advance.
8. Content Rights / Data Rights.
You hold the rights to the customer data that you submit to avixpense. We do not assert any ownership over it. However, by transferring customer data to avixpense, you grant a royalty free, non-exclusive license and permission to use the data and the metadata, generated by your usage of the Service solely for the purpose of providing, maintaining, and improving the Service. User data will belong to you even after the user is no longer part of your organization.
You are responsible for the data you submit by using our Service and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
9. Term, Termination and Suspension.
The Subscription Term is as set forth in your quote.
9.1. Termination by Customer: You may terminate your account or accounts, without cause, by providing avixpense thirty days prior written notice. You may terminate one or more of your account or accounts in the event avixpense materially breaches the Terms of these Terms, if you provide advance notice of such breach to avixpense and affords avixpense not less than thirty days to cure such breach. In case of such termination by you for material breach by avixpense, avixpense shall, pro-rata, refund the subscription charges for the remainder of the subscription Term.
9.2. Termination and Suspension by avixpense: In addition to suspension for late payment or non-payment of subscription charges, avixpense may suspend your access to and use of your account or the Service if you are in violation of these Terms. avixpense will notify you of your activities that violate these Terms and provide you with a period of thirty days to cure or cease such activities. If you do not cure or cease such activities within the said cure period or if avixpense believes that your breach of these Terms cannot be cured, your account shall be terminated immediately.
9.3. Insolvency: Regardless of anything stated in these Terms, either party can end them without giving notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, has proceedings for bankruptcy (voluntary or involuntary) filed against them, or has a receiver or trustee appointed to manage most of their assets.
10. Changes to Terms.
avixpense has the right to change the Terms of these Terms or its policies at any time. The changes will become effective once they are posted on avixpense’s website, and they will apply to you as long as you continue to use avixpense’s service. If you don’t agree to the revised Terms, you can choose to stop using avixpense’s service.
11. Confidentiality, Data Privacy and Security.
11.1. Confidentiality obligations: Each of the parties agree to maintain the confidentiality of each other’s information and protect it from unauthorized access, use, or disclosure using reasonable care. Each party may use the other’s confidential information only to exercise their rights and fulfill their obligations under these Terms. They may disclose such information only to their employees, representatives, and agents who have a need to know such information and who are bound to maintain its confidentiality and not misuse it. This provision overrides any prior non-disclosure agreement between the parties that pertains to the confidentiality of customer data, and such an agreement will no longer apply to customer data.
11.2. Security of Customer Data: avixpense uses appropriate technical and organizational measures to protect the customer data. The measures used are designed to provide a level of security appropriate to the risk of processing the customer data.
Any personal data that you or your users provide to avixpense is subject to our Privacy Policy which governs our collection and use of personal data. We process your and/or your users’ personal data solely in accordance with these Terms and our Privacy Policy.
You recognize and accept that that, in connection with the use of the Service by yourself, your users and/or end users, we process any personal data only on your behalf. We both hereby agree that you shall be deemed to be the data controller and we shall be deemed to be the data processor. We shall process such personal data only for the purposes of providing the Service and in accordance with these Terms and applicable data privacy laws.
You acknowledge and agree that avixpense may access or disclose information about you, your account, users, including customer data, in order to comply with the law or respond to lawful requests or legal process. Additionally, we reserve the right to disclose your information if we believe it is necessary to prevent any infringement of the proprietary rights of our group companies or customers. We may also, at our discretion, refer any suspected fraudulent, abusive, or illegal activity by you to law enforcement authorities.
12. Liability Matters and Indemnification.
12.1. Provided in Good Faith: avixpense is provided in good faith, and although avixpense endeavors to ensure that all information is accurate and obtained from sources believed to be reliable, avixpense does not guarantee or warrant the following: the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of avixpense; or that the service is free from errors or other material defects.
12.2. Disclaimer: The avixpense software is provided ‘as is’ and ‘as available,’ without any warranty of any kind, either express or implied. avixpense explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. avixpense makes no warranty that the avixpense service or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. avixpense makes no warranty regarding the quality of any products, avixpense service or site content purchased or obtained through the avixpense service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the avixpense service. avixpense does not warrant the results of use of the avixpense service, and users of the avixpense service assume all risk and responsibility with respect thereto.
12.3. Disclaimer: avixpense does not represent or warrant that the Software, or access will be uninterrupted or error-free or that errors in the software will be corrected. avixpense explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. avixpense makes no warranty that the avixpense service or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. avixpense makes no warranty regarding the quality of any products, avixpense service or site content purchased or obtained through the avixpense service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the avixpense service. avixpense does not warrant the results of use of the avixpense service, and users of the avixpense service assume all risk and responsibility with respect thereto.
12.4. Disclaimer: In no event shall avixpense, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the software be liable to Customer or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or interoperability, inaccuracies, errors, or omissions, regardless of cause, in the avixpense services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause. Users of the avixpense service should note that in using the avixpense service, sensitive information will travel through third-party infrastructures which are not under avixpense’s control such as third-party servers and the internet. avixpense makes no warranty with respect to the security of such third-party infrastructures.
12.5. Indemnification by Customer: Customer shall indemnify, defend, and save harmless avixpense, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
any act or omission by Customer or any person connected, affiliated, or associated with Customer with respect to this Agreement and/or the avixpense; and/or,
any non-fulfillment or breach of any covenant or agreement on Customer’s part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by Customer contained in this Agreement.
12.6. Limitation of Liability: You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the avixpense service and site content remains with you.
Our company, including its officers, directors, employees, and agents, shall not be liable to you or any other party for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of our expense management web app or any related services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to the amount of fees paid by Customer for the current term. You will have no obligation or liability with respect to any such claim arising out of the gross negligence or willful misconduct of avixpense.
In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that avixpense`s maximum aggregate liability to Customer and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by Customer for the current term.
13. Miscellaneous.
13.1. Severability. No Waiver: These Terms and Conditions incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and avixpense with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms and Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and avixpense relating to the Services. There are no other agreements, representations, warranties, or commitments that either party can rely on, except as expressly stated in these Terms. This agreement is not intended to create a partnership, joint venture, or agency relationship between you and avixpense.
If any provision of these Terms and Conditions is invalid, illegal, or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remaining provisions of these Terms and Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. avixpense’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms and Conditions.
Customer agrees that these Terms and Conditions, avixpense’s Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
These Terms and Conditions, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.
13.2. Assignment: Neither party can assign these Terms or their rights and obligations under these Terms without the other party’s prior consent, except to its affiliates/within its group companies. If assigned to an affiliate, the party must promptly inform the other party and fulfill payment obligations. These Terms are binding on the parties and their successors and assigns, subject to the above restrictions.
13.3. Publicity Rights: By agreeing to these terms, you are granting avixpense permission to use your trademark or logo, free of charge, anywhere in the world, to identify you as a customer of avixpense in their marketing materials and on their websites. Each Subscriber also agrees that avixpense may verbally reference such Subscriber as a Subscriber of the Service. This permission is also transferable, meaning that if avixpense were to transfer ownership of their company or assets, the permission would still be valid. Subscriber may opt out of the provisions in this section by contacting avixpense Support.
13.4. Survival: All provisions that are intended to remain in effect despite termination will continue to be in effect even after the termination of these Terms regarding the Customer’s use of the Service. Termination of these Terms will not release either party from liability for obligations incurred prior to or during the term of these Terms, nor for any breach of these Terms.
14. Company.
https://avixpense.com and any registered sub domains thereof is a site operated by avixpense.com, an Austrian technology company registered in Bad Erlach, Austria at the following location:
Grenzweg 94
2823 Bad Erlach
Austria
15. Contact.
Should you have any questions, complaints, or comments about these Terms and Conditions, this service, or website, or require further clarification of any kind, please do not hesitate to contact our team at info@avixpense.com.