Terms & Conditions

statycs GmbH (FN 613704g, Commercial Court of Vienna), Liechtensteinstrasse 59, 1090 Vienna, Austria ("statycs"), develops, distributes, and operates software for financial planning and analysis, along with additional modules that form part of its platform.

These General Terms and Conditions govern the rights and obligations between statycs and its customers. statycs contracts exclusively with entrepreneurs within the meaning of §1(1)(1) of the Austrian Consumer Protection Act (KSchG) and §1 of the Austrian Commercial Code (UGB). By registering, the customer warrants that it concludes this contract in the operation of its business and not as a consumer, and statycs is entitled to rely on that warranty. Where a customer is nevertheless a consumer, statycs may terminate the contract with immediate effect and will refund prepaid fees on a pro-rata basis, and mandatory consumer protection provisions take precedence over any conflicting term of these terms for the period until termination.

These terms govern the entire business relationship between statycs and its customers, whether on a paid or unpaid basis (including free trial periods). statycs provides its services exclusively under these terms. By using any statycs service, the customer agrees that these terms apply to the business relationship.

Individually agreed written terms take precedence over these General Terms and Conditions. If the customer maintains their own terms and conditions, the customer confirms by using statycs' services that only the terms provided by statycs apply. The customer's own terms apply only if statycs expressly confirms this in writing.

Where these documents conflict, the following order of precedence applies: an individual agreement signed by both parties; the Data Processing Agreement, for matters of data protection; these terms; and the product documentation. The product documentation describes the Software and does not vary these terms, except where these terms expressly refer to it to define the scope of a permission or a limit, in which case the documentation as in force at the start of the current billing period applies.

Individual agreements that vary these terms require a signed written document. Where these terms require a communication to be "in writing" or "written", text form is sufficient, including email, unless a signed document is expressly required. Notices, amendments, invoices and other communications provided for in these terms are validly given by email to the address the customer has designated in its account, and are binding on both parties. Statements made outside these channels do not vary the contract.

statycs may amend these terms where the amendment is (a) required by law, regulation, or a supervisory authority; (b) necessary for security or operational reasons; (c) the introduction of a new service or feature that does not materially and adversely affect the customer's existing rights; or (d) a correction of errors or clarification that does not reduce the customer's rights. Amendments will be communicated to the customer by email at least two months before they take effect, or as early as reasonably practicable where applicable law or a competent authority requires a shorter implementation period, and the customer may object in writing within four weeks of receiving the notification. statycs will highlight the right to object and the consequences of silence in the notification email. If the customer does not object within this period, the amendment is deemed accepted.

Where the amendment does not materially and adversely affect the customer's existing rights and the customer objects within this period, the amendment does not take effect in respect of that customer during the current billing period, and statycs may terminate the contract effective at the end of that period on notice given within four weeks of receiving the objection. The customer may, within four weeks of the notification, terminate the contract effective at the end of the current billing period. Where neither party terminates, the amendment takes effect in respect of that customer at the start of the next billing period. No refund of prepaid fees is due on a termination under this paragraph.

Any amendment under (b), (c) or (d) above that would materially and adversely affect the customer's existing rights requires the customer's active consent. An amendment required by law, regulation or a supervisory authority under (a) above takes effect on the date stated in the notification irrespective of the customer's consent; where such an amendment materially and adversely affects the customer's existing rights, the customer may terminate the contract effective on that date, and statycs will refund any prepaid fees on a pro-rata basis for the unused portion of the term. If the customer does not consent to an amendment under (b), (c) or (d) within four weeks of the notification, statycs may terminate the contract effective on the date the amendment would have taken effect, and will refund any prepaid fees on a pro-rata basis for the unused portion of the term. Where statycs does not terminate, the contract continues on the existing terms.

Changes to the Software are governed exclusively by §03 and changes to fees exclusively by §11; neither is an amendment of these terms.

statycs provides customers with a system for financial planning and analysis, which may consist of multiple modules, delivered as Software-as-a-Service ("SaaS") in its current version for use over the internet, including data storage (the "Software"). The platform may be extended by additional modules, all of which are subject to these terms.

statycs reserves the right to further develop and modify the Software at any time, including by adopting newer technologies, systems, or standards. The customer benefits from ongoing development and acknowledges that temporary maintenance periods may occur during updates. For significant changes, statycs will notify the customer in advance. If such changes cause the customer unreasonable disadvantage, the customer may terminate the contract within 14 days of receiving the notification, effective on the date the change takes effect, and statycs will refund prepaid fees on a pro-rata basis for the unused portion of the current term. Changes to the Software under this paragraph are not amendments of these terms; amendments of these terms are governed exclusively by §02.

The services are intended for finance professionals, managers, and other strategic roles who work with financial data and are capable of evaluating and interpreting the information provided. Results and projections are non-binding and are based on the data supplied by the customer. All information provided through the platform is for informational purposes only.

Neither statycs nor any affiliated individuals provide tax, accounting, auditing, investment, or other financial advice through the platform.

Where a trial period is offered at registration (typically 14 days), the customer may use the Software free of charge during that period. statycs will send a reminder at least two days before the end of the trial; if the customer does not cancel in time, the paid subscription starts automatically. Where the customer enters into a paid subscription directly (for example, via a payment link or an individually agreed order), no trial period applies and the subscription begins on the date specified in the order. Customer content is retained after termination as set out in §09.

During a free trial the Software is provided without charge. For the trial period, and notwithstanding the general limitation in §06, statycs is liable only for intent and gross negligence, subject to the limitation of amount set out in §06. The warranty obligations in §06 do not apply during a free trial. statycs may end a free trial at any time and may refuse a repeated trial to the same customer or to an affiliated undertaking.

statycs is responsible only for the services it provides directly. Malfunctions caused by the customer, or by third parties engaged by the customer, do not give rise to claims against statycs.

The point of service delivery is the router exit to the internet of the data center used by statycs. The customer's devices and internet connection are not part of statycs' service.

statycs maintains regular backups of customer content. Where data loss is attributable to statycs' systems, statycs will use commercially reasonable efforts to restore the affected data from the most recent available backup, at no charge. Customer-requested restorations for other reasons are billed at standard rates. Restoration is possible only where a backup containing the affected data is still available at the time the request is made. statycs gives no assurance as to the retention period of any individual backup. After the contract ends, the period set out in §09 applies.

The customer agrees to use the Software only in accordance with these terms and with any individual agreements in place, and to ensure that all users (employees or third parties attributable to the customer) comply with the relevant provisions. The customer is liable to statycs, without limitation as to amount, for damage culpably caused by unlawful use of the Software or by infringement of third-party rights, and for damage caused intentionally or through gross negligence by a failure to keep access credentials secure. The customer indemnifies and holds statycs harmless against third-party claims arising from content the customer uploads or from the customer's use of the Software in breach of these terms, provided that statycs (a) notifies the customer of the claim without undue delay, (b) gives the customer the opportunity to conduct the defence and settlement negotiations, and (c) does not acknowledge or settle the claim without the customer's prior written consent, which the customer will not unreasonably withhold. For other breaches of this section, statutory liability applies.

The customer will use the Software only for its intended purpose and will not abuse it, in particular by storing or distributing illegal content. The customer will not use any technical equipment, software, or data that could impair the Software or statycs' systems.

The customer is responsible for maintaining, at its own expense, the IT infrastructure necessary for using the Software and for meeting the applicable system requirements.

The customer must store access credentials securely and must not share them with third parties. Mobile devices used to access the Software must be adequately protected (for example by PIN code or biometric authentication).

statycs may block the customer's access in the event of a material breach of these terms or of an individual agreement, or where the customer is in payment default. Except where immediate action is necessary to protect the platform, its data, or third parties, statycs will first notify the customer and allow 14 days to cure the breach. A block does not relieve the customer of the obligation to pay the usage fee for the period of the block, unless the block proves to have been unjustified, in which case the fee for that period is credited. The customer bears the reasonable costs directly caused by a justified block.

All rights to the Software belong to statycs. The customer receives a non-exclusive, non-transferable, and non-sublicensable right to use the Software within the agreed scope of the Core license and any activated add-ons during the contract term. The customer may reproduce the Software only to the extent necessary for its intended use (for example, loading it into device memory). The customer may not reproduce, sell, rent, lease, or otherwise transfer the Software, or parts of it, to third parties. Temporary subcontractor access with restricted functionality is permitted as described in the product documentation.

No further rights to the Software are transferred to the customer, including any copyright, trademark, patent, or other intellectual property rights.

The customer retains all rights to the data it uploads to the platform and to the reports, plans and other outputs generated from that data (together, "customer content"). statycs acquires no ownership of them. The customer grants statycs a non-exclusive licence to host, store, reproduce and process that data and those outputs to the extent necessary to provide the service, to respond to support requests, to meet statycs' legal obligations, and to create aggregated and anonymized data in accordance with §08. That licence ends when the data is deleted in accordance with §09, save that statycs' rights in aggregated and anonymized data created before that date, and in feedback and suggestions, survive termination of this contract without limitation in time. Where the customer submits feedback or suggestions about the Software, statycs may use them without restriction and without obligation.

The subscription consists of a Core license plus any add-ons activated by the customer. The Core license covers use of the Software for one reporting entity - one set of accounts - regardless of the customer's legal form, and includes a predefined number of full users and an unlimited number of guest users with read-only access to a limited scope as set out in the product documentation. A full user is one identified natural person. A full user account may not be shared between, or transferred between, several individuals, save that a seat may be permanently reassigned where a person leaves the role. Guest user access is read-only and is limited to the scope described in the product documentation. The customer may at any time extend the subscription by adding further reporting entities, further full users, or optional paid modules ("Extensions"). The fee payable adjusts accordingly based on the add-ons activated. An add-on activated during a running term is invoiced immediately, pro-rated to the end of that term at the rate corresponding to the customer's billing period, and is then included in full in each subsequent renewal invoice unless it has been removed in accordance with §09. The then-current scope and prices are set out in the customer's order or in the billing section of the Software. Prices are changed only in accordance with §11.

For third-party software products made available to the customer through statycs, the respective manufacturer's license terms take precedence over this section. statycs ensures that it acts in accordance with those license terms when the Software is used as intended.

The customer may not reverse engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly and mandatorily permits such activity.

The usage rights and intellectual property provisions set out above apply accordingly to all documents provided by statycs to the customer, including the Software documentation.

Where a third party asserts that the Software infringes its intellectual property rights, statycs will at its own expense defend against the claim, provided the customer notifies statycs without undue delay, gives statycs sole conduct of the defence and settlement, and provides reasonable assistance at statycs' expense. statycs will indemnify the customer against amounts finally awarded by a court or agreed in settlement, subject to the limitation of amount in §06. statycs may at its option modify the Software so that it no longer infringes, procure the right for the customer to continue using it, or terminate the contract on written notice and refund prepaid fees on a pro-rata basis for the unused portion of the term. This paragraph states the customer's sole and exclusive remedy in respect of any claim that the Software infringes third-party rights. It does not apply where the claim arises from the customer's data, from the customer's use of the Software in breach of these terms, or from a modification or combination not made or authorized by statycs.

Where the customer uses the Software beyond the scope of the licences it has activated, statycs may invoice the fees for the additional reporting entities or full users actually used, from the month in which the excess use began, at the list prices then in force. This is without prejudice to statycs' other rights, including under §04.

Notwithstanding the confidentiality obligation in §08, statycs may name the customer as a customer and use the customer's company name and logo for that purpose on the statycs website and in its sales materials. This permission covers the name and logo only. The customer's data, figures, content, and any case study describing the customer's use of the Software may be published only with the customer's separate prior written consent. The customer may withdraw this permission at any time, for the future, by written notice to [email protected]; statycs will then make no new forward-looking use of the name or logo, but may continue to display material already published and historical customer lists.

statycs provides the Software on a reasonable-best-efforts basis. Within economically reasonable limits, statycs will endeavor to ensure uninterrupted use of the Software and to rectify any errors that restrict its use.

statycs does not warrant continuous availability of the Software or that the Software will be free of errors. The customer acknowledges that, according to the current state of technology, it is not possible to completely eliminate software errors, and that connection issues or maintenance work may cause temporary interruptions. Where warranty claims cannot be excluded, repair takes precedence over price reduction or replacement.

Where the Software is temporarily unusable or its usability is restricted, statycs will rectify the restriction within a reasonable period. Any reduction of the fee on account of that restriction is limited to the portion of the fee attributable to the period during which the restriction persisted, and requires that the customer notified statycs of the restriction without undue delay. Further claims arising from restricted usability are excluded, subject to the final paragraph of this section. This paragraph states the customer's sole remedy in respect of restricted usability, except where the liability provisions of this section provide otherwise, in which case those provisions apply. The application of §§1096, 1104 and 1105 ABGB is excluded to the extent legally permissible.

Liability of statycs is governed exclusively by this section. statycs is liable without limitation for damage caused by intent, for personal injury, and under the Austrian Product Liability Act (PHG) and any successor legislation implementing Directive (EU) 2024/2853. Nothing in these terms limits the direct claim of a data subject against statycs under Art. 82 GDPR. statycs bears no liability for, and makes no contribution towards, any administrative fine imposed on the customer by a supervisory authority. For gross negligence, statycs is liable in accordance with the following limitation of amount. For slight negligence, statycs is liable only for the breach of an essential contractual obligation - meaning an obligation whose fulfillment makes performance of this contract possible at all and on whose fulfillment the customer routinely relies - and then only for damage that is foreseeable and typical for this type of contract. Any further liability is excluded.

The total liability of statycs arising out of or in connection with this contract, on any legal basis, is limited per contract year to the fees actually paid by the customer in the twelve (12) months immediately preceding the first event in that contract year giving rise to a claim. For damage caused by gross negligence, the limitation is three hundred per cent (300%) of the annual fee applicable at the time of the first event in that contract year giving rise to a claim. Where no fees have yet been paid, in particular during a free trial, the annual fee that would apply to the plan the customer has selected, or the lowest annual plan fee if the customer has not selected one, is treated as the fees paid and as the annual fee applicable for the purposes of the two preceding sentences. For the purposes of this section, the annual fee of a customer on a monthly plan is twelve times the monthly fee applicable at the time of the event, and a contract year is each twelve-month period beginning on the date the contract took effect. The limitations in this paragraph apply in the aggregate to all claims arising in the same contract year, irrespective of the number of incidents or the legal basis on which the claims are brought; where more than one of them applies in the same contract year, the higher applies to all claims in that year in the aggregate.

Irrespective of the legal basis, statycs is not liable for loss of profit, loss of anticipated savings, loss of revenue, loss of business or goodwill, business interruption, wasted expenditure, the cost of procuring substitute services, indirect or consequential loss, or claims made against the customer by third parties, except for claims expressly covered by the intellectual property indemnity in §05 and except where the damage was caused by intent or gross negligence. This exclusion does not apply to liability for intent, liability for personal injury, or liability under the Austrian Product Liability Act (PHG) and any successor legislation implementing Directive (EU) 2024/2853.

Warranty claims must be asserted within twelve months of the defect becoming apparent, and in any event within twelve months of the end of the month in which the defect first arose. Claims for damages against statycs lapse unless asserted in writing within twelve months of the customer becoming aware of the damage and of the person liable, and in any event within three years of the event causing the damage. The presumption in §924 ABGB is excluded. These periods do not apply to claims arising from intent, to claims for personal injury, or to claims under the Austrian Product Liability Act (PHG) and any successor legislation implementing Directive (EU) 2024/2853.

statycs is not liable for damages resulting from improper operation, altered system components, interfaces or parameters, changes to system settings, or application errors caused by the customer, nor for disruptions of public communication networks or for the customer's failure to meet the applicable system requirements. This paragraph does not limit liability under the paragraph on unlimited liability above.

If any limitation in this section is held invalid or unenforceable in whole or in part, the limitation permitted to the greatest extent by law applies in its place, and the remainder of this section is unaffected.

The customer is responsible for retaining its own copies of the data it uploads to the platform and of the outputs generated from it, and for maintaining them at intervals appropriate to the value of that data. Where data is lost or corrupted, statycs' sole obligation is restoration in accordance with §03, and its liability for the loss is limited to the cost of restoring the data from the most recent available backup. That limitation does not apply where the loss was caused by intent or gross negligence, in which case the liability provisions of this section apply. Liability is otherwise subject to the limitation of amount in this section, except for the heads of liability excluded from it by the final paragraph of this section.

The customer will promptly notify statycs of any malfunctions and, where possible, provide a clear error description. The customer will assist statycs free of charge in rectifying malfunctions. statycs will prioritize critical malfunctions - meaning malfunctions that cause data loss or data corruption, or that prevent access to core planning and analysis functions - and will not defer their rectification on grounds of payment status alone, for as long as the contract is in force and the customer's access has not been blocked under §04. For non-critical issues, statycs may defer rectification where the customer is more than 30 days in arrears on invoices that have not been disputed in writing within 14 days of receipt.

The Software was not developed for fail-safe applications in which a failure could directly result in death, personal injury, severe property damage, or environmental harm.

To the extent and for the duration that obligations cannot be fulfilled due to force majeure - meaning an event outside statycs' sphere of control that statycs could not have averted with reasonable care, including war, terrorism, natural disasters, fire, industrial action affecting third parties, embargo, government action, epidemics, pandemics, widespread failures of public power supply, disruptions to public transport or public telecommunications networks, and large-scale cyberattacks or denial-of-service attacks not attributable to a failure of statycs' own security measures - this does not constitute a breach of contract and gives rise to no claims for damages against statycs. The fee for the affected period is governed by the paragraph on restricted usability above. If the force majeure event prevents performance for more than 60 consecutive days, either party may terminate the contract with immediate effect, and statycs will refund prepaid fees on a pro-rata basis for the unused portion of the term.

Where a hosting, connectivity or other infrastructure provider engaged by statycs fails, statycs remains responsible under §12, but its liability for that failure is subject to the fault standards and the limitation of amount in this section.

The exclusions and limitations of liability set out in this section do not apply to liability for intent, liability for personal injury, or liability under the Austrian Product Liability Act (PHG) and any successor legislation implementing Directive (EU) 2024/2853. These heads of liability cannot be limited and are not subject to the cap in this section. Nothing in these terms limits the direct claim of a data subject against statycs under Art. 82 GDPR.

For personal data that the customer uploads to or processes through the platform, the customer is the controller and statycs acts as its processor. A separate data processing agreement governs that processing; in the absence of an individually agreed one, the standard data processing agreement of statycs applies. For a limited set of processing that statycs determines itself - account administration, product analytics, platform security, and direct communication with its own customers - statycs is the controller. That processing is described in the statycs privacy policy, which also sets out the right to object to product analytics.

As the controller, the customer is responsible for complying with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). If the customer processes personal data through the Software - for example by entering, processing, storing, or transmitting personal data - the customer must ensure that it is authorized to do so under the applicable data protection regulations. The customer will not upload to the platform any special categories of personal data within the meaning of Art. 9 GDPR or any personal data relating to criminal convictions and offences within the meaning of Art. 10 GDPR.

Both parties undertake to treat all business and operational secrets obtained in connection with this agreement as confidential and not to disclose them to third parties. This obligation does not apply to information that is publicly known, was already known to the recipient without a confidentiality obligation, was disclosed by a third party without a confidentiality obligation, was independently developed by the recipient, or must be disclosed pursuant to a final governmental or judicial order. The confidentiality obligation continues indefinitely beyond the termination of the contractual relationship.

statycs may use aggregated and anonymized data derived from the customer's use of the platform to improve product functionality and generate anonymous industry benchmarks. Benchmarks are published only in aggregate and never identify the customer or its clients by name, and statycs does not publish an aggregate where the number of contributors is too small for it to be meaningfully anonymous. The customer may opt out prospectively at any time by written notice to statycs; the opt-out does not require the deletion of data that has already been aggregated.

Subcontractors engaged by statycs for contract performance are not considered third parties, provided they are subject to a corresponding confidentiality obligation.

The minimum contract duration is one month for monthly plans and twelve months for annual plans. Any right to terminate for the purpose of switching under §13 applies irrespective of the minimum contract duration. A different minimum duration may be agreed in an individual agreement.

After the minimum term expires, the contract renews automatically for a further period equal to the initial term - one month for monthly plans, twelve months for annual plans - unless either party terminates before the end of the current period. Termination takes effect at the end of that period. Deletion of the account by the customer also constitutes a termination, effective at the end of the current period. Different notice arrangements may be agreed in an individual agreement. This paragraph is without prejudice to §13.

statycs may notify the customer before an automatic renewal takes effect. Any such notification is a courtesy and is not a condition of the renewal. The renewal date and the fee payable are shown at all times in the billing section of the Software, and it is the customer's responsibility to terminate before the end of the current period if it does not wish the contract to renew.

Termination must be declared in writing to [email protected] from the email address designated in the customer's account, or submitted through the statycs platform by an authorized administrator. statycs will confirm receipt of a termination without undue delay.

A complete termination requires termination of the entire subscription. Removing or deactivating individual add-ons does not constitute termination of the subscription. Reductions to the subscription (for example, removing add-ons or reducing the number of entities or users) take effect at the end of the current period.

Where the customer terminates due to a material breach by statycs, or exercises a termination right under §06 (force majeure lasting more than 60 days) or under §06 of the Data Processing Agreement (sub-processor objection), statycs will refund prepaid fees on a pro-rata basis for the unused portion of the term. The same applies where statycs terminates under §02 because the customer has not consented to a material amendment, and where the customer terminates under §02 following an amendment required by law that materially and adversely affects its existing rights. Where the customer objects to an amendment that does not materially and adversely affect its existing rights and either party then terminates under §02, termination takes effect at the end of the current billing period and no refund is due. Where the customer terminates under §03 following a significant change to the Software, termination takes effect on the date the change takes effect and statycs will refund prepaid fees on a pro-rata basis for the unused portion of the current term. A price adjustment under §11 takes effect only for a subsequent term and therefore gives rise to no refund. A termination for the purpose of switching is governed by §13. Where statycs terminates under §01 because the customer is a consumer, or under §05 following a third-party intellectual property claim, statycs will refund prepaid fees on a pro-rata basis for the unused portion of the term. In all other cases, no credit will be issued for the remaining contract period.

The right to terminate without notice remains unaffected. If the customer is in payment arrears, statycs will issue a written reminder allowing 14 days to cure the default. If the default is not cured within this period, statycs may terminate with immediate effect. statycs may terminate with immediate effect where there is a substantiated suspicion, based on specific facts, that the Software is being used abusively, and where the nature of the suspected abuse makes it unreasonable to expect statycs to await the expiry of a cure period. In all other cases of suspected abuse, statycs will first notify the customer and allow 14 days to cure. Where the customer provides incomplete or incorrect information required under §10 or §11, or fails within a reasonable deadline set in writing to provide evidence reasonably requested to verify that information, statycs may terminate with immediate effect. On a termination by statycs under this paragraph, no refund or credit of prepaid fees is due. statycs' right to claim further damages remains unaffected.

The customer may export its customer content at any time during the contract term and throughout the 30 days following its end, in a structured, commonly used and machine-readable format, using the export function of the Software. Where the customer's access has been blocked or the contract terminated, statycs will on written request restore export access, or provide an export, at no charge, within ten business days of the request or before the end of the retention period set out below, whichever is earlier. A request made fewer than ten business days before the end of the retention period extends that period until the export has been provided, and for no more than a further ten business days. Customer content is retained for 30 days after the contract ends, then deleted from live systems and purged from encrypted backups within the following backup cycle; access cannot be reactivated once deletion has begun.

The customer must promptly inform statycs of any change to its company name, legal form, registered address, billing address, the email address designated in its account, its billing contact, or its value-added tax identification number, and must on reasonable written request provide evidence of that information. If the customer fails to do so, notifications sent to the last designated communication channels are deemed delivered.

The customer agrees that statycs may send legally significant communications, including invoices, by email or by other electronic means. That agreement includes the customer's acceptance of electronic invoicing for the purposes of §11(2) of the Austrian VAT Act (UStG). Notifications are deemed received as soon as the customer can access or become aware of them under ordinary circumstances.

All amounts are stated in euro and are exclusive of value-added tax and other charges unless otherwise stated. Value-added tax and other taxes are charged as required by applicable law. The customer will provide a valid VAT identification number and any other evidence of its status that statycs reasonably requests, will keep that information current, and will notify statycs without undue delay of any change. Where the customer does not provide it, statycs charges the tax that applies in the absence of that evidence. Where any payment under this contract is subject to withholding or deduction on account of tax in the customer's jurisdiction, the customer will gross up the payment so that statycs receives the amount it would have received had no withholding or deduction been required. Cash discounts are excluded.

Usage fees are invoiced in advance for each contract term. An invoice is issued on acceptance of the offer for the initial term, and thereafter before the start of each renewal term, and is delivered digitally in PDF format to the email address the customer has designated in its account. Where the customer has provided a payment method, the customer authorizes statycs and its payment provider to charge that method for each amount due on its due date, including on each renewal, and the invoice serves as the record of that charge. Where no payment method is stored, invoices are payable within 14 days of receipt. From day 15, statutory commercial default interest under §456 UGB applies, together with reasonable reminder fees. The customer bears the necessary and appropriate costs of extrajudicial collection, including reasonable legal and debt collection agency fees, in reasonable proportion to the outstanding debt (§1333(2) ABGB).

For orders placed through the statycs website, payment is processed by Stripe (stripe.com), unless otherwise specified.

The customer bears all bank charges and transfer-related expenses.

Payments are first allocated to any incurred expenses and default interest, and then to the oldest outstanding debt.

statycs may adjust the pricing for subsequent renewal periods with at least three months' prior written notice. Price changes do not apply to the current prepaid term. If the customer does not accept the new pricing, the customer may terminate the agreement at the end of the current term.

statycs accepts payment by major credit and debit cards and by SEPA direct debit. Where the customer pays by SEPA direct debit, it issues statycs and its payment provider a corresponding mandate, and the parties agree that the pre-notification period for each collection is shortened to one calendar day. statycs may change the payment methods it accepts at any time; where a payment method the customer uses is discontinued, statycs will give the customer reasonable notice and the opportunity to provide another.

The customer may offset claims against statycs only where such claims are undisputed or have been legally established by final judgment. The customer may exercise a right of retention only in respect of claims arising from this contract, and only in an amount proportionate to the defect or non-performance relied on.

If any provision of these terms is or becomes invalid or unenforceable, the remaining provisions remain in effect. The invalid provision shall be replaced by a valid provision that best reflects the economic intent of the original clause.

The right to challenge due to gross inadequacy (laesio enormis) is excluded.

These terms are published in several languages. The English version is the binding version and governs the contractual relationship between the parties. All other language versions are provided for convenience only; in the event of any discrepancy, the English version prevails.

The customer may not assign rights or obligations under the contract without statycs' prior written consent. statycs may assign this agreement, in whole or in part, to an affiliated undertaking, or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets or of the business to which this agreement relates, provided the assignee assumes all obligations under this agreement. statycs will notify the customer of any such assignment without undue delay. statycs may assign monetary claims arising under this agreement to third parties at any time without the customer's consent.

statycs may engage third parties to perform its obligations, in whole or in part, and remains responsible for their performance as for its own. Where such a third party processes personal data on the customer's behalf, the sub-processor provisions of the Data Processing Agreement apply, including the customer's right to advance notice and to object.

Austrian law applies exclusively, even if the Software is used abroad or any other connection to foreign jurisdictions exists. The referral provisions of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded.

The exclusive place of jurisdiction for all disputes is the competent court in Vienna. Vienna is also the place of performance.

The following provisions survive termination of this contract for any reason: §05 (Usage Rights) as regards rights that are expressed to survive, §06 (Warranty, Liability & Malfunctions), §08 (Confidentiality), §09 as regards data export and deletion, §11 as regards obligations accrued before termination, §12 (Other Provisions), and §13 (Switching and Data Portability).

This section applies to the extent that Chapter VI of Regulation (EU) 2023/2854 (the Data Act) applies to the Software. Where any other term of this contract cannot be given effect together with this section, this section prevails.

The customer may at any time initiate a switch to another provider of data processing services, to on-premises infrastructure, or to erasure of its exportable data, by giving statycs written notice. The maximum notice period for initiating the switch is two months. On expiry of the notice period a transitional period begins, during which this contract remains in force and statycs continues to provide the Software. The transitional period is 30 calendar days unless the parties agree a longer one.

The customer may extend the transitional period once, for a period the customer considers appropriate for its own purposes, by written notice before the transitional period expires. Where the switch cannot technically be completed within 30 calendar days, statycs will notify the customer within 14 working days of the notice initiating the switch, explain why, and propose an alternative transitional period of no more than seven months.

The contract terminates on successful completion of the switch, and statycs will notify the customer of the termination. Where the customer gave notice in order to erase its exportable data rather than to switch, the contract terminates at the end of the notice period and statycs will notify the customer accordingly. From termination the customer has a retrieval period of at least 30 calendar days during which it may retrieve its exportable data and digital assets. statycs erases them after the retrieval period ends, unless the customer has requested erasure earlier or a longer period is required by law.

The exportable data and digital assets comprise all financial data the customer has uploaded, all reports, plans and other outputs generated from it, and the customer's entity structure, reporting configuration and user and permission records. The first two categories can be exported by the customer at any time through the export function of the Software, in a structured, commonly used and machine-readable format; the remainder is provided by statycs on written request, in the form in which statycs holds it. The categories of data excluded from export, because they are internal to the functioning of the Software and their release would disclose the trade secrets of statycs or of a third party, are exhaustively the following: statycs' application, infrastructure and deployment configuration; its security, monitoring, logging and audit data; its service telemetry and operational metrics; and its internal identifiers, data schemas and algorithms. No other category of data is excluded from export.

During the transitional period statycs will provide reasonable assistance to the customer and to any provider the customer designates, maintain continuity of the Software, and continue to apply the security measures set out in §08 of the Data Processing Agreement. statycs will support the customer's exit strategy, including by providing the information the customer reasonably needs to plan and carry out the switch, and will inform the customer of the switching and porting methods and formats available, of any technical limitations known to statycs, and of any risk to the continuity of the Software during the switch that is known to statycs. statycs levies no switching charge, exit fee or other charge by reason of the switch, and charges no fee for the export of the exportable data.

Information about the jurisdictions in which the infrastructure used to process the customer's data is located, and about the technical, organisational and contractual measures statycs applies against unlawful international governmental access to that data, is set out in §07 of the Data Processing Agreement, published at statycs.com/en/dpa.