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. All customers of statycs are entrepreneurs within the meaning of Section 1(2) of the Austrian Consumer Protection Act (KSchG).

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.

Individual agreements require a signed written document. Informal statements by statycs, including statements made by email, are not binding.

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, and the customer may object in writing within four weeks of receiving the notification. If the customer does not object within this period, the amendment is deemed accepted. If the customer objects, the customer may terminate the contract to the end of the current billing period. statycs will highlight these consequences and the right to object in the notification email. If the customer reasonably disputes whether an amendment falls within the four categories above, the amendment is treated as material for the purposes of the following paragraph.

Any amendment that materially and adversely affects the customer's existing rights requires the customer's active consent. If the customer does not consent, either party may terminate the contract effective on the date the amendment would have taken effect, and statycs will refund any prepaid fees on a pro-rata basis for the unused portion of the term.

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 to the end of the current billing period within 14 days of receiving the notification. No refund of fees already paid is due in that case, except where §02 provides for a pro-rata refund.

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. Upon termination of the contract, the customer's project data is retained for 30 days and is then permanently deleted.

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 ensures appropriate backup of customer project data. Where the data loss is attributable to statycs' systems, statycs will restore the affected data at no charge. Customer-requested restorations for other reasons are billed at standard rates. Data restoration is possible only within the 30-day retention window set out above.

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 for all damages resulting from a breach of these obligations, in particular in the case of unlawful use of the Software.

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 if these terms or any individual agreement is violated, in particular in the event of payment default. Such a block does not relieve the customer of the obligation to continue paying the contractual usage fee. The customer is also liable for any costs incurred in connection with such a block.

The customer agrees that statycs may use the customer's company logo and company name for marketing purposes, including on the statycs website and in published case studies. After the contract ends, statycs may continue to display the customer in historical customer lists and in case studies already published; no new, forward-looking marketing use will be made. The customer may request removal from forward-looking marketing materials at any time by written notice to [email protected].

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 subscription consists of a Core license plus any add-ons activated by the customer. The Core license covers use of the Software by one company (legal entity) 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. The customer may at any time extend the subscription by adding further legal entities, further full users, or optional paid modules ("Extensions"). The fee payable adjusts accordingly based on the add-ons activated. The then-current scope and prices are set out in the customer's order or in the billing section of the Software.

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.

If the scope of the Core license and activated add-ons is exceeded, statycs and the customer will coordinate an appropriate adjustment.

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.

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.

Subject to the final paragraph of this section, statycs is not liable for direct or indirect damages caused by malfunctions, whether to the customer or to third parties, or for damages to the customer's devices. Compensation for consequential damages, loss of earnings, lost profits, unrealized savings, and damages arising from third-party claims is excluded.

statycs is liable only in cases of intent and gross negligence. statycs' total aggregate liability for all claims arising under this agreement shall not exceed the fees actually paid by the customer in the twelve (12) months immediately preceding the event giving rise to the claim. If the total damage exceeds this amount, each claimant's compensation is reduced proportionally.

In the event of data loss attributable to statycs' systems, statycs will use commercially reasonable efforts to restore the affected data from the most recent available backup.

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. statycs is also not liable for disruptions of public communication networks or for the customer's failure to meet the applicable system requirements.

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 always address critical malfunctions - meaning malfunctions that cause data loss or data corruption, or that prevent access to core planning and analysis functions - regardless of payment status. 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 - including war, terrorism, natural disasters, fire, strikes, lockouts, embargo, government action, epidemics, pandemics, power outages, disruptions to transport or telecommunications, cyberattacks, denial-of-service attacks, or failures of upstream cloud or hosting providers - this does not constitute a breach of contract and gives rise to no claims against statycs.

The limitations and exclusions of liability set out above do not apply to (a) liability for personal injury, (b) liability under the Product Liability Act, (c) liability under Art. 82 GDPR, (d) liability for intent and gross negligence, or (e) liability for the breach of essential contractual obligations - meaning obligations that are essential to the purpose of this contract and on whose fulfillment the customer routinely relies. For the breach of an essential contractual obligation caused by slight negligence, liability is limited to damages that are foreseeable and typical for this type of contract.

The customer is the data controller under data protection law; statycs acts solely as a data processor. A separate data processing agreement is concluded for this purpose. In the absence of an individually agreed data processing agreement, the standard data processing agreement of statycs applies.

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.

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. No data will be used in a way that could identify the customer or its clients. 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 determined in the individual agreement with the customer.

After the minimum term expires, the contract renews automatically for successive periods unless either party terminates with one month's notice before the end of the current period. Deletion of the account by the customer also constitutes a termination, provided it occurs at least one month before the end of the current term.

Termination may be submitted in writing or through the statycs platform by an authorized administrator.

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) must occur at least one month before the end of the current term.

If the customer terminates due to a material breach by statycs, or exercises a termination right under §02 of these terms or §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. 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 also terminate with immediate effect if (1) the customer provides incomplete or incorrect information or fails to provide requested evidence, or (2) there is a reasonable suspicion that the Software is being used abusively. No refund of prepaid fees is due on any statycs-initiated termination for cause under this paragraph.

The customer is responsible for backing up its project data before the contract ends. Project data is retained for 30 days after the contract ends and is then permanently deleted; access cannot be reactivated after deletion.

The customer must promptly inform statycs of any changes to its address. If the customer fails to do so, notifications sent to the last known communication channels are deemed delivered.

The customer agrees that statycs may send legally significant communications, including invoices, by email or by other electronic means. Invoices may be electronically signed in compliance with the Austrian VAT Act (§11(2) UStG). Notifications are deemed received as soon as the customer can access or become aware of them under ordinary circumstances.

All amounts are exclusive of applicable value-added tax and other charges unless otherwise stated. Cash discounts are excluded.

Usage fees are invoiced in advance for each contract term. Invoices are issued upon acceptance of the offer, at the end of a contract term, or upon renewal, and are delivered digitally in PDF format to a customer-defined email address. 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 is responsible for costs incurred through the involvement of lawyers and debt collection agencies.

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 all major credit cards as well as SEPA bank transfers.

The customer may offset claims against statycs, or exercise a right of retention, only where such claims are undisputed or have been legally established by final judgment.

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.

The customer may not assign rights or obligations under the contract without statycs' prior written consent. statycs may assign this agreement to a successor in connection with a merger, acquisition, or sale of substantially all of its assets, provided the assignee assumes all obligations under this agreement. statycs will notify the customer of any such assignment at least 30 days in advance, and the customer may terminate this agreement within 30 days of such notification.

statycs may engage third parties to perform its obligations, in whole or in part.

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.