1. Acceptance of Terms

Ivis Solutions‘ Services are subject to the following Terms and Conditions of Use (the „Terms of Use“). By accepting these Terms of Use or by accessing, using or downloading any materials from related Websites and Services, you acknowledge that you have read, understood, and agree to follow and be bound by these Terms of Use and agree that you are responsible for compliance with any applicable laws and regulations. If you are entering into these Terms of Use on behalf of a 3rd party, company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms „you“ or „your“ shall refer to such entity or its affiliates. If you do not have such authority, or if you do not agree with any of these terms, you are prohibited from using or accessing the Service. The materials made available through the Service are protected by applicable copyright and trade mark law.

Ivis Solutions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. You can review the most current version of these Terms of Use at any time at www.ivis.at/terms-of-service. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If any changes to these Terms of Use are unacceptable to you, your only remedy is to stop accessing and using the Service.

2. Service

    1. The „Service“ includes (a) the Sites, (b) Ivis Solutions‘ support and bespoke developement services and related technologies for monitoring your use of the Service and (c) all data, reports, text, images, sounds, video and content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the these Terms of Use.
    2. Ivis Solutions does not own and shall not be responsible for any data, information or material that you authorize us to retrieve or that you submit to the Service in the course of using the Service („Customer Data“). You, not Ivis Solutions, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Ivis Solutions shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
    3. Ivis Solutions may offer you certain features or a limited version of the Services on a temporary, cost-free basis („Trial Period“). Unless earlier terminated as described in these Terms of Use, any Trial Period will continue for (a) the then-current Trial Period offered by Ivis Solutions, as set forth in the Service, unless otherwise extended by Ivis Solutions at its sole discretion, or (b) if earlier, the start date of your paid Services term. The Trial Period may be subject to additional terms and conditions as set forth in the Service, which are hereby incorporated by reference into these Terms of Service; any such additional Trial Period terms will govern in the event of a conflict with these Terms of Service. ANY CUSTOMER DATA YOU PROVIDE DURING THE TRIAL PERIOD WILL BE DELETED AFTER THE TRIAL PERIOD UNLESS YOU PURCHASE A SUBSCRIPTION PRICE PLAN FOR THE SAME SERVICE FEATURES.

3. Use License

Subject to these Terms of Use and as long as you comply with the Terms of Use, Ivis Solutions grants you a personal, limited, non-exclusive, non-transferable, temporary right to use Ivis. This is a grant of a licence, not a transfer of title, and under this license you may not (a) modify or copy the materials, (b) attempt to decompile or reverse engineer any software contained on Ivis Solutions, (c) remove any copyright or other proprietary notations from the materials, (d) transfer the materials to another person or „mirror“ the materials on any other server or (e) sublicense, rent, lease or lend any portion of Ivis Solutions. This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Ivis Solutions at any time.

4. Maintenance

    1. Unscheduled Emergency Maintenance: Emergency upgrades, for example to apply critical security patches, will be notified immediately and may be required to be implemented immediately if the security of your data is deemed to be at risk. We will however always endeavour to minimise disruption to the Service.
    2. Scheduled Maintenance: You agree that it may be necessary for Ivis Solutions to temporarily suspend the Service for technical reasons or to maintain our Services, the timing of which will be as determined by Ivis Solutions.

5. Payment

    1. The Service or portions thereof may be made available to you with or without charge. Access to certain features or functionality, whether full or partial portions of the Service, may require payment. You may also be provided trial or other limited-access versions and/or portions of the Service.
    2. You will be required to select a price plan and provide information of your credit card or other payment instrument. You represent and warrant to Ivis Solutions that such information is true and that you are authorised to use the payment instrument.
    3. You agree to pay Ivis Solutions the amount that is specified in the price plan in accordance with the terms of such price plan and these Terms of Use.
    4. You hereby authorise Ivis Solutions to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable price plan until you terminate your account, and you further agree to pay any charges so incurred.
    5. If you dispute any charges you must let Ivis Solutions know within sixty (60) days after the date that Ivis Solutions invoices you. We reserve the right to change the Service prices. If Ivis Solutions does, Ivis Solutions will provide notice of the change on the Sites or in email to you, at Ivis Solutions’ option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

6. Termination

The Service may be made available to you for an initial Trial Period as described above. Once you purchase a subscription to the Service, your Trial Period will terminate. You have the right to terminate your account at any time in accordance with the procedures set forth on the Sites. You will not receive full or partial refunds for subscription periods that you have purchased. Ivis Solutions reserves the right to (a) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (b) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your Customer Data in the Service, for any reason, including if Ivis Solutions believes that you have violated these Terms of Service. Ivis Solutions shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Ivis Solutions will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Ivis Solutions. All of your Customer Data on the Service (if any) may be permanently deleted by Ivis Solutions upon any termination of your account in its sole discretion. However, all accrued rights to payment and the terms of Sections 5-14 shall survive termination of these Terms of Use.

7. Disclaimer

The Service and content on the Sites are provided „as is“. Ivis Solutions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ivis Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service and the content on the Sites or otherwise relating to such content or on any sites linked to the Sites.

8. Limitations

In no event shall Ivis Solutions or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ivis Solutions, even if Ivis Solutions or a Ivis Solutions‘ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Indemnity

You agree to indemnify and hold Ivis Solutions and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

    1. content or data you submit, post, transmit or otherwise make available through the Service or your use of the Service; or
    2. your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.

10. Revisions and Errata

The materials appearing on the Sites could include technical, typographical, or photographic errors. Ivis Solutions does not warrant that any of the materials on its Sites are accurate, complete, or current. Ivis Solutions may make changes to the materials contained on its Sites at any time without notice. Ivis Solutions does not, however, make any commitment to update the materials.

11. Links

Ivis Solutions has not reviewed all of the sites linked to its Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ivis Solutions of the site. Use of any such linked web site is at the user’s own risk.

12. No Waiver

No waiver of any of these Terms of Use shall be binding upon either party unless confirmed in writing bythe parties. No waiver of any provisions of or default under these Terms of Use shall affect any party’s right thereafter to enforce such provision or to exercise any right or remedy hereunder in respect of a subsequent default.

13. Assignment

You may not assign these Terms of Use without the prior written consent of Ivis Solutions, but Ivis Solutions may assign or transfer these Terms of Use, in whole or in part, without restriction.

14. Governing Law

Any claim relating to Ivis Solutions shall be governed by the laws of Austria without regard to its conflict of law provisions.