Terms and Conditions (AGB)

This page is an unofficial English translation of the German version and is provided for your information only. The authoritative and legally binding text is the German original; in the event of any discrepancy, the German version prevails. This translation has no legal force.

1. Oxif GmbH, Lugeck 1-2/15, 1010 Vienna, commercial register number FN 609400 b (hereinafter referred to as the "PROVIDER") offers the software application "LONIO Kassa" in the most current version available at the time of conclusion of the contract (hereinafter the "APPLICATION") to the customer in the form of a software rental.
2. This license agreement is directed exclusively at persons who intend to use the services for professional purposes, i.e. entrepreneurs within the meaning of § 1 para 1 no 1 KSchG (Austrian Consumer Protection Act) (hereinafter referred to as the "CUSTOMER").
3. The general terms and conditions of the CUSTOMER expressly do not apply.
4. For reasons of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

1. For the sake of clarity, it is noted that the flat-rate license fee according to the offer covers exclusively the following services:
2. Expressly not covered by the flat-rate license fee, and therefore to be remunerated separately, are however:

1. Use of the APPLICATION may be preceded by a free trial phase. During this trial phase, all warranty claims are excluded.
2. During the trial phase, the APPLICATION can only be used to a limited extent.
3. During the trial phase, there are no update obligations.
4. For damage caused during the trial phase, the PROVIDER is liable only in cases of intentional damage or blatantly grossly negligent conduct.
5. During the trial phase, the PROVIDER is entitled to discontinue the provision of the APPLICATION or individual functions at any time and without delay, without stating reasons.
6. It is pointed out that during the trial phase, tax-law requirements may not be complied with.
7. Use for purposes other than testing the APPLICATION is not permitted.

1. This license agreement, in the version valid at the time the transaction is concluded, applies to all business relationships between the PROVIDER and the CUSTOMER in connection with the use of the APPLICATION.
2. This license agreement forms an integral part of the offer addressed to the CUSTOMER. Upon acceptance of the offer, this license agreement is deemed effectively agreed. The offer on the website constitutes merely an invitation to submit an offer and is not binding on the PROVIDER.
3. The language of the contract, orders, and business is German.
4. The CUSTOMER shall ensure that an order via the website is placed exclusively by persons duly authorized and legitimized (empowered to act as representatives).
5. After entering the required data in the web form provided for this purpose, the CUSTOMER submits a binding order to the PROVIDER by clicking the button "order now with obligation to pay" (or similar). The CUSTOMER then immediately receives an order confirmation. This order confirmation does not yet constitute a conclusion of contract.
6. Before finally submitting an order, the CUSTOMER has one more opportunity to check it for any errors and to correct them if necessary.
7. The contract with the PROVIDER is only concluded when the PROVIDER expressly accepts the order ("order acceptance confirmation") or when the APPLICATION is made available to the CUSTOMER.

1. The CUSTOMER is obliged, within the scope of the business relationship, to provide truthful and complete information and to keep its data up to date at all times. The CUSTOMER must treat its data (in particular passwords and access credentials) confidentially. If the CUSTOMER suspects misuse by third parties, it must inform the PROVIDER thereof without delay.
2. The CUSTOMER must refrain from all actions that could endanger or impair the PROVIDER's technical provision of services (including cyber attacks). Such conduct will be prosecuted under criminal law.
3. The CUSTOMER is fully liable for the conduct of its employees and of the (end) customers it serves.
4. Scraping of information displayed in the APPLICATION is expressly prohibited. In this regard, the PROVIDER expressly declares a reservation of use within the meaning of § 42h para 6 UrhG (Austrian Copyright Act).
5. In the event of unlawful use of the APPLICATION, the PROVIDER reserves the right to deny the CUSTOMER the use of the APPLICATION.
6. It is the CUSTOMER's responsibility to establish the electronic infrastructure necessary for using the services. This also means that the CUSTOMER (or its end customer) has the software and hardware equipment necessary to use the APPLICATION. Since the APPLICATION is provided on the basis of cloud technology, a functioning internet connection is necessary for its use. It is the CUSTOMER's responsibility to ensure that it has a suitable internet connection with sufficient bandwidth. The PROVIDER is not obliged to provide information or advice in this regard.
7. For certain functions of the APPLICATION, a time-limited offline mode is available in the event of an internet connection failure. It is the CUSTOMER's responsibility to ensure that the data created offline can subsequently be synchronized with the server.
8. It is the sole responsibility of the CUSTOMER to ensure that the APPLICATION does not record any content containing illegal information. The PROVIDER assumes no liability for any unlawful use of the APPLICATION.
9. It is the sole responsibility of the CUSTOMER to check the results produced and processed by means of and through the APPLICATION for their correctness and plausibility. The PROVIDER assumes no liability for the correctness of the data generated by the APPLICATION.
10. The CUSTOMER shall ensure that the APPLICATION is configured in accordance with the tax-law rules applicable to it (and that the related legal requirements are complied with), and shall carry out any necessary backups and archiving. The PROVIDER does not provide tax or financial-law advice to the CUSTOMER. The PROVIDER provides recommendations exclusively with regard to the functions and the use of the APPLICATION.
11. The CUSTOMER shall ensure that the PROVIDER is entitled to contact the end customer via e-mail or SMS (or similar media) in order to fulfill the end customer's requests on behalf of the CUSTOMER.

1. The prices stated by the PROVIDER are in EUR. In case of doubt, value added tax is not yet included (and must therefore be added).
2. The content of the agreed service and the fee to be paid result from the package or offer selected by the CUSTOMER. Different packages exist for the provision of the APPLICATION. The costs and functions of the individual packages can be found on the website (or in the written offer). The packages are revised regularly and may not correspond to the CUSTOMER's tariff.
3. The prices stated at the time of the order apply in each case. The PROVIDER is bound by its offers for seven days.
4. Payments are due upon invoicing. If the claims are not paid within 14 days, the PROVIDER will charge statutory default interest of 9.2 % per year above the current base interest rate of the European Central Bank, from the day the payment falls due.
5. In the event of default, the CUSTOMER undertakes to reimburse the PROVIDER for reminder and collection costs incurred, insofar as they are necessary for appropriate legal enforcement. Costs of EUR 40.00 may be claimed per reminder letter.
6. In the event of a payment default of more than 45 days, the PROVIDER is entitled to withhold its services. If the CUSTOMER is more than 30 days in default with a payment, the PROVIDER may demand payment of the entire outstanding amount at once ("acceleration of maturity").
7. With regard to the flat-rate license fee, payment is made in advance for one month or one year, depending on the CUSTOMER's selection. Partial months are billed on a pro-rata basis.
8. In the case of a subscription, the account specified by the CUSTOMER may be debited automatically. The CUSTOMER shall ensure that sufficient funds are available to carry out the debit successfully. In the event of a failed debit, the CUSTOMER bears any additional costs incurred as a result. For failed debit attempts, an amount of EUR 25.00 per debit attempt may be charged.
9. All other fees not covered by the recurring license fee are invoiced in arrears.
10. Services not covered by the recurring license fee are, in case of doubt, billed on a time-and-materials basis at an hourly rate of EUR 150.00 plus VAT. Note: this also applies to support requests that are not attributable to an error in the APPLICATION.
11. The PROVIDER reserves the right to adjust the agreed fees once a year in line with inflation. The reference value is the Austrian consumer price index published on the website of Statistik Austria at the time of conclusion of the contract. The fees change in accordance with the average change in the index figures published in the last 12 months.
12. For the use of the APPLICATION, it may be necessary for the CUSTOMER to acquire signature certificates from A-Trust GmbH. Unless otherwise agreed, the PROVIDER will acquire corresponding signature certificates on behalf of the CUSTOMER. This is without prejudice to the fact that, in principle, the CUSTOMER itself is fully responsible for acquiring an appropriate signature certificate in order to fulfill the signature obligation (for instance within the meaning of § 131b para 2 BAO (Austrian Federal Fiscal Code) and the RKSV (Austrian Cash Register Security Ordinance)). It is pointed out that the costs for the signature certificates are not included in the flat-rate license fee and must therefore be paid separately. It is further pointed out that upon termination of the contractual relationship, the signature certificates lapse (and must therefore subsequently be acquired again by the CUSTOMER), and that no refund is made. It is further pointed out that in the event of a change in the CUSTOMER's legal form, the acquisition of a new signature certificate may be necessary (and the previously existing signature certificates lapse).
13. If the CUSTOMER does not acquire a signature certificate although it is obliged to do so, the PROVIDER reserves the right to discontinue its services to the CUSTOMER.
14. It is the sole responsibility of the CUSTOMER to evaluate whether it is subject to the obligation to maintain a signature certificate.

1. The CUSTOMER may use the APPLICATION offered by the PROVIDER only for its intended purpose.
2. Only registered branches may use the APPLICATION. One license must be acquired per branch. The CUSTOMER may use the APPLICATION on any number of end devices per branch. By way of explanation: "branch" means a place of business (and not a separate legal entity). The CUSTOMER must disclose the location of the branch upon conclusion of the contract. The CUSTOMER may enter only its own data into the APPLICATION and not the data of a third party.
3. Upon full payment of all fees, charges, and expenses, the PROVIDER grants the CUSTOMER a non-exclusive license (within the meaning of § 24 para 1 first sentence UrhG (Austrian Copyright Act), "Werknutzungsbewilligung") to use the APPLICATION, which is limited in time to the duration of the contract, limited territorially (to the place of business), and limited in content to the purposes of the business relationship. In all other respects, all rights of use (of the work) in all forms of exploitation remain with the PROVIDER.
4. Sub-licensing or onward licensing is permitted only with the express consent of the PROVIDER.
5. The right to decompile and reverse engineer the APPLICATION is excluded to the extent legally permissible. The CUSTOMER is not entitled to modify the APPLICATION without the PROVIDER's consent.
6. Markings of the APPLICATION, in particular copyright notices, trademarks, serial numbers, or similar, may not be removed, altered, or rendered unrecognizable.
7. The source code of the APPLICATION is expressly not owed.
8. A user manual is not owed.

1. The PROVIDER creates backup copies at regular intervals of the data generated and stored in the APPLICATION during its use.
2. It is pointed out that data recorded with the APPLICATION will be deleted at the PROVIDER 30 days after termination of the contractual relationship. It is therefore solely the CUSTOMER's responsibility to back up the data in good time and, where applicable, to extract it (in order to ensure audit-proof retention). Reference is made to the provision in clause 19.7.

1. The PROVIDER endeavors to be available on working days at the following times: Monday to Thursday: 08:00 to 17:00; Friday: 08:00 to 16:00 (CERT). Public holidays of the Republic of Austria, federal province of Vienna, are not working days.
2. Requests are to be submitted exclusively via the ticket system provided for this purpose or via e-mail.
3. It is pointed out that support requests that do not originate from an error in the APPLICATION are billed on a time-and-materials basis, applying an hourly rate of EUR 150.00 plus VAT.
4. The PROVIDER endeavors to achieve an availability of the APPLICATION of 99.0 % per year. Announced maintenance work and outages due to force majeure are not deducted when calculating availability.

1. The CUSTOMER is obliged to support the PROVIDER on an ongoing basis and to a reasonable extent in providing the APPLICATION and, where applicable, to enable (remote) access to the APPLICATION. In particular, the CUSTOMER must provide the PROVIDER with the necessary information, data, and descriptions and communicate its wishes and expectations regarding the provision of services in good time and clearly.
2. In the event of necessary (security) updates of the APPLICATION, the CUSTOMER is obliged to tolerate their installation by the PROVIDER.
3. The CUSTOMER must ensure that it always uses the most current version of the APPLICATION.

1. The setup of the APPLICATION at the CUSTOMER's premises is referred to as implementation costs and is to be remunerated separately. The specific amount of the implementation costs results from the individually agreed offer. If the contract is concluded via the website, the amount of the implementation costs results from the website.

1. The CUSTOMER has the right to propose changes to the APPLICATION (change request or customizing), whereby the PROVIDER is not obliged to implement these changes.
2. The desired changes are to be described by the CUSTOMER as precisely as possible in the form of a requirements specification and, where applicable, are to be remunerated separately.
3. The exclusive right of use of the work (within the meaning of § 24 para 1 second sentence UrhG (Austrian Copyright Act)) in works created in the course of customizing remains with the PROVIDER.

1. Updates, i.e. the maintenance of the APPLICATION, are covered by the recurring license fee. An update means a change from, for example, version 2.4. to 2.5.
2. Upgrades, i.e. the improvement of the APPLICATION, are covered by the recurring license fee. An upgrade means a change from, for example, version 2.4. to 3.0. In case of doubt, changes required by law are to be qualified as an upgrade.

1. The service description available at the time of conclusion of the contract is decisive for the characteristics of the APPLICATION provided by the PROVIDER.
2. The PROVIDER is entitled to remedy any defects by means of economically and technically reasonable workarounds.
3. The PROVIDER's liability for damage caused by slight negligence is excluded in its entirety.
4. In cases of gross negligence, the PROVIDER's liability is limited to seven times the net license fee paid by the CUSTOMER to the PROVIDER in the last year of the contractual relationship. In the first year, the net license fee payable in the ordinary course serves as the basis of assessment.
5. Claims for damages by the CUSTOMER become time-barred one year after they arise.
6. The PROVIDER is not liable for lost profits. Likewise, liability of the PROVIDER for indirect damage, loss of interest, unrealized savings, consequential and pecuniary damage, damage arising from third-party claims, as well as for the loss of data and its recovery, is excluded to the extent legally permissible.
7. The PROVIDER endeavors to ensure trouble-free operation of the APPLICATION. This is naturally limited to services over which the PROVIDER has influence. The PROVIDER remains free to temporarily restrict access to the APPLICATION, in whole or with regard to individual functions, due to maintenance work, capacity concerns, and other events beyond its control.
8. The PROVIDER is not liable for content that the CUSTOMER publishes in the APPLICATION.
9. In the event that the CUSTOMER, or a person attributable to it, causes damage to the PROVIDER, the CUSTOMER shall fully indemnify and hold the PROVIDER harmless upon first request.
10. In the event of claims being asserted due to an alleged or actual infringement of law and/or violation of third-party rights, the CUSTOMER shall indemnify the PROVIDER against all third-party claims arising from actions of the CUSTOMER in connection with the use of the APPLICATION for which the CUSTOMER is responsible.
11. The PROVIDER assumes no liability and provides no warranty that the APPLICATION runs free of errors. The PROVIDER proceeds in accordance with the current state of the art, but does not guarantee absolute security of the APPLICATION and is not liable for it.
12. The PROVIDER assumes no liability that the APPLICATION with its respective functions will be assessed as legally compliant in all cases.

1. The transfer of data and information to the business partners required in each case is permitted insofar as this is necessary for the performance of the contractual relationship, legitimate interests, and legal obligations (Art 6 para 1 lit b, c, and lit f DSGVO (GDPR — EU General Data Protection Regulation)). In all other respects, the PROVIDER is obliged to maintain secrecy about the circumstances, data, or business and trade secrets of the other party that have become known to it from the present business relationship, and in particular to maintain data secrecy. These obligations of data and business secrecy also apply beyond the term of the contractual relationship.
2. The source code of the APPLICATION qualifies as a trade secret within the meaning of § 26b UWG (Austrian Unfair Competition Act) and as such is subject to appropriate confidentiality measures. The CUSTOMER is not entitled, without the written consent of the PROVIDER, to pass on organizational elaborations, programs, offers, service descriptions, requirements specifications (hereinafter "WORK RESULTS") and similar, in whole or in part, for consideration or free of charge. The WORK RESULTS created are exclusively the intellectual property of the PROVIDER and constitute trade secrets.
3. The PROVIDER points out that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f DSGVO). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 DSGVO).
4. Since personal data is processed by the PROVIDER on behalf of the CUSTOMER in the course of the provision of services, the parties conclude the data processing agreement pursuant to Art 28 DSGVO set out in Annex I.
5. It is pointed out that subsequent deletion or modification of data subject to financial and tax-law regulations is not possible. Cancelled bookings therefore remain stored with the corresponding annotation.

1. The PROVIDER has the possibility to verify compliance with the license-compliant and lawful use of the APPLICATION. Irrespective of this, the PROVIDER may require the CUSTOMER to provide proof that the APPLICATION is being used in a license-compliant and lawful manner. Inquiries in connection with the license-compliant and lawful use of the APPLICATION must be answered truthfully.
2. The PROVIDER is entitled to verify the CUSTOMER's compliance with the license-compliant and lawful use of the APPLICATION at any time, on site or remotely, upon at least 14 days' notice (license audit). The PROVIDER may engage an auditor or attorney bound to confidentiality for this purpose. In doing so, the PROVIDER will respect the CUSTOMER's business and trade secrets as well as its data protection interests to the best possible extent. The audit will be conducted during ordinary business hours with due regard for the CUSTOMER's operational activities. Each party bears its own costs arising in this connection. The CUSTOMER is obliged to provide the PROVIDER with the information required for these purposes and to cooperate with the PROVIDER in the course of the license audit. Otherwise, the PROVIDER is entitled to withhold its services. This is without prejudice to any further legal claims.

1. The PROVIDER is entitled to refer to the fact of the business relationship with the CUSTOMER by means of a notice on its website or in other marketing/business materials. In this connection, it is entitled to use the CUSTOMER's logo. This right also continues beyond this contractual relationship.

1. The PROVIDER is entitled to engage a subcontractor (vicarious agent) for the performance of its services. The limitations of liability agreed in this license agreement also apply to such subcontractors.

1. The contractual relationship is concluded for an indefinite period.
2. In the case of a monthly subscription, the contractual relationship may be terminated, subject to a notice period of seven days, effective as of the last day of each contract month. The contract month begins as soon as the APPLICATION is made available to the CUSTOMER.
3. In the case of an annual subscription, the contractual relationship may be terminated, subject to a notice period of 14 days, effective as of the last day of the contract year. The contract year begins as soon as the APPLICATION is made available to the CUSTOMER.
4. The parties' right to extraordinary termination remains unaffected.
5. After termination of the contractual relationship, the CUSTOMER is no longer entitled to use the APPLICATION.
6. Termination must be effected either in written form (within the meaning of § 886 ABGB (Austrian General Civil Code)) or via the button specifically provided for this purpose on the website.
7. After termination of the contractual relationship, the CUSTOMER is itself responsible for exporting the data necessary for its accounting-law retention obligations (for instance within the meaning of § 132 BAO (Austrian Federal Fiscal Code) or § 212 UGB (Austrian Commercial Code)) and for retaining it for the prescribed period.

1. All goods delivered by the PROVIDER remain its property until full payment has been made.
2. If the CUSTOMER has not taken over the goods as agreed (default of acceptance), the PROVIDER is entitled either to store the goods, for which a reasonable storage fee per calendar year or part thereof may be invoiced, or to deposit them with a court at the CUSTOMER's cost and risk.
3. In addition to the provisions on warranty and damages set out in this license agreement (see clause 14), the following applies to the purchase of hardware: The CUSTOMER must observe the duties to give notice of defects pursuant to §§ 377 ff UGB (Austrian Commercial Code). Notice of defects must be given within 14 days of delivery of the goods.
4. The risk of damage to and loss of the goods passes to the CUSTOMER upon handover to the carrier.
5. Warranty claims must be asserted in court within one year of acceptance of the goods.
6. Insofar as identification marks, company markings, serial numbers, or other markings have been affixed to the hardware by the PROVIDER, these may be neither altered nor removed.

1. Austrian law applies to this contractual relationship and is deemed agreed. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. The exclusive place of jurisdiction is the court with subject-matter jurisdiction in Vienna (1st district), Austria.
3. The place of performance is the registered office of the PROVIDER.

1. The PROVIDER is entitled to amend this license agreement at any time. The PROVIDER will inform the CUSTOMER of such amendments by sending the amended terms to the e-mail address most recently disclosed to it. The CUSTOMER has the right to object to such an amendment. If the CUSTOMER does not object within 14 days of the amendment being sent, implied consent to the amendment of the terms is to be assumed. Amendments to the terms that are not objectively justified cannot be implemented in this manner.

1. Void provisions of individual parts of this contract do not affect the validity of the remaining provisions. They shall be replaced by appropriate substitute provisions which, in light of the purpose of the contract, come closest to what the contracting parties would have intended had they been aware of the invalidity. The same applies to gaps contrary to the contract.
2. The agreement made herein supersedes any previously concluded oral or written contracts.
3. The PROVIDER is entitled to transfer and/or assign the entire contractual relationship or individual rights and obligations, in whole or in part, to third parties. The CUSTOMER hereby grants its consent to the transfer of the contract and/or to the assignment or transfer of rights and obligations to third parties in this sense.
4. The annex referred to forms an integral part hereof and is deemed effectively agreed.