Terms and Conditions

Definitions

“SaaS service” or “service”

Software as a Service. The software runs on Invoisary.com's IT infrastructure and is made available to the customer over the internet as a service. Maintenance and updates are carried out by Invoisary.com.

“Invoisary”

the SaaS service offered by Invoisary.com as a web application.

“Plan” or “subscription”

the right to use Invoisary for the period and to the extent covered by the selected service package. The plan governs in particular the scope of functions and any quantitative limits.

“Free plan”

a plan that can be used free of charge indefinitely, with a limited scope of functions and use.

“Customer”

the company that opens an account for Invoisary or books a paid plan.

“User”

natural persons within the customer's sphere who hold a personally assigned user account with their own username and password.

“Customer data”

all data entered and all files uploaded into Invoisary by the customer or its users.

1. Scope, eligible customers, amendments

1.1 These general terms and conditions (the “terms”) apply, in the version in force from time to time, to all present and future services of Invoisary.com in connection with Invoisary, including use under the free plan.

1.2 Invoisary is aimed exclusively at entrepreneurs within the meaning of § 1 UGB. By registering, the customer confirms that it is entering into the contract in the course of its business activity. Consumer transactions are excluded; the provisions of the KSchG and the FAGG do not apply.

1.3 In the event of conflicting provisions, written individual agreements between the contracting parties take precedence over these terms.

1.4 Deviating contractual terms of the customer, in particular its purchasing conditions, do not become part of the contract, even if Invoisary.com does not expressly object to them. They apply only if Invoisary.com expressly acknowledges them in writing.

1.5 The version of these terms in force from time to time is available at https://invoisary.com/en/terms.

1.6 Amendments to these terms are notified to the customer at least four weeks before they take effect, in text form (email to the address on file or a notice in the application). If the customer does not object in text form before the amendments take effect, they are deemed accepted; the notification will point out this consequence separately. In the event of an objection, Invoisary.com is entitled to terminate the contractual relationship as of the date the amendment takes effect.

2. Subject matter and conclusion of contract

2.1 The subject matter of the contract is the provision of Invoisary for use over the internet within the scope of the selected plan, together with the storage of customer data. The scope of services follows from these terms, from the service description of the selected plan and from any written individual agreements.

2.2 The customer registers independently via the registration form at https://invoisary.com or via the offered sign-in using a third-party identity service (“social sign-up”). By completing registration, the customer submits a binding offer to conclude a contract on the basis of these terms. The contract is concluded when Invoisary.com activates the account, at the latest when access is first provided. The customer receives a confirmation in text form.

2.3 If the customer signs in via a third-party identity service, the sign-in is additionally governed by that provider's terms. Invoisary.com has no influence over its availability.

2.4 The customer is obliged to provide complete and correct information when registering and when booking a paid plan, and to keep it up to date — in particular company name or personal name, address, commercial register number where registered, and the billing and contact email address. Invoisary.com is entitled to verify entrepreneur status and to request suitable evidence for this purpose. Disclosure of a VAT ID is governed by clause 7.2.

2.5 The free plan is provided free of charge indefinitely. Invoisary.com is entitled to change the scope of functions, usage limits and availability of the free plan, or to discontinue the free plan, upon 30 days' notice in text form. There is no entitlement to the permanent maintenance of a particular scope of functions. Clause 9.5 (data export) also applies to the free plan.

2.6 There is no entitlement to the development of bespoke programs or to the adaptation of the standard software to particular customer requirements, unless separately agreed in writing.

3. Description of services

3.1 Access and prerequisites. Once the account has been activated, the customer can use Invoisary via a web browser within the scope of the selected plan. This requires an up-to-date web browser in line with the system requirements published at https://invoisary.com/en/systemvoraussetzungen, and a working internet connection. Providing these prerequisites and bearing their cost is the customer's responsibility. If the internet connection is interrupted, use is not possible or only possible to a limited extent. Complaints attributable solely to non-compliance with the published system requirements — in particular an insufficient screen resolution on the device used — do not constitute a defect within the meaning of clause 3.5.

3.2 User accounts and permissions. The number of permitted user accounts depends on the selected plan. Each user account is assigned to a single natural person; use of one account by several people is not permitted. Passwords are stored exclusively in encrypted form. Permissions control which content a user can view and edit; assigning and managing permissions is the customer's responsibility. Users can work at the same time.

3.3 Tenant separation. Customer data is stored in a multi-tenant system and logically separated by technical and organisational measures, so that access to other customers' data is prevented. This does not entail physical separation into a dedicated database instance per customer, and no such separation is owed.

3.4 Availability, maintenance and disruptions. Invoisary.com operates the service with the care customary in the industry, but does not owe any particular level of availability unless a service level has been expressly agreed in writing. Scheduled maintenance is carried out outside usual business hours where possible and, where it involves an interruption, is announced at least 24 hours in advance in text form or in the application. Unforeseeable interruptions — in particular due to security incidents, urgent updates, load problems or outages at upstream providers — may occur without prior notice. In the event of serious disruptions, Invoisary.com will immediately take all reasonable measures to remedy them; this requires the customer to report the disruption without delay in accordance with clause 5.5.

3.5 Functional defects (bugs). The customer acknowledges that, according to the state of the art, software cannot be entirely free of defects. Invoisary.com remedies malfunctions where the affected function is part of the service description of the selected plan, the customer submits a comprehensible error description (steps taken, expected and actual result, browser used including version, operating system and device), and the error is reproducible under the same or comparable conditions. Further guidance on reporting errors is available at https://invoisary.com/en/support.

3.6 AI-assisted receipt recognition. To read uploaded receipts, Invoisary uses automated text and document recognition, including third-party services based on artificial intelligence. The values determined in this way — in particular amounts, dates, tax rates and partner data — are suggestions. Invoisary.com gives no warranty as to their accuracy or completeness. The customer is obliged to check and approve the recognised data before it is used further, in particular before it is transferred into accounting or into payment processes. Invoisary.com engages only providers that have contractually undertaken not to use the transmitted data for training purposes.

3.7 Bank connection (open banking). Connecting bank accounts via a PSD2 interface is not part of the standard scope of services. It is provided exclusively on separate request and under a separate agreement. Setting up and revoking account access is the customer's responsibility. Invoisary.com is not liable for the availability, completeness or accuracy of the data supplied by the bank or the interface operator. Payment initiation services are not provided.

3.8 Data backup. Invoisary.com regularly creates backup copies of customer data to protect against data loss in the event of system failures, in line with the state of the art. The customer has no right to be given backup copies. Invoisary.com may carry out a restore where possible; there is no entitlement to it. The effort involved is charged in accordance with clause 3.11. These backups do not release the customer from exporting and archiving its own data to the extent required by its statutory retention obligations.

3.9 Updates and further development. Invoisary.com provides updates containing bug fixes, improvements and new functions without any action being required from the customer. Updates cannot be declined, as they may contain security-relevant changes. Invoisary.com is entitled to develop the scope of services further and to change individual functions, as long as the agreed core functionality is preserved. If a material function of the plan booked by the customer is discontinued, the customer is entitled to terminate the contract as of the date the change takes effect.

3.10 Support. Support is provided via the “ask a question” function directly in the web app under System Support, or by email to support@invoisary.com, in German and English. Particular response or resolution times are owed only where separately agreed in writing. There is no entitlement to support under the free plan.

3.11 Chargeable additional services. Services going beyond the agreed scope are charged according to actual effort. These include in particular services rendered outside business hours at the customer's request, data restores at the customer's request, training, and the analysis and remedy of disruptions attributable to improper handling by the customer or to other circumstances not attributable to Invoisary.com. The hourly rate is EUR 120 plus VAT. Charging is in units of 30 minutes, with started units charged in full. For services rendered at the customer's express request outside usual business hours (Monday to Friday, 09:00 to 17:00, excluding public holidays in Austria), a surcharge of 50 % is charged. The hourly rate increases annually on 1 January in line with the change in the consumer price index published by Statistik Austria (CPI 2020 or a successor index). Price changes do not apply to services already commissioned and started.

3.12 Fair use. The customer will not use Invoisary in a way that impairs operation, security or availability for other customers. In particular, automated bulk queries, circumvention of technical usage limits and load or security testing without prior written consent are not permitted. Where the usage limits of the selected plan are significantly exceeded, Invoisary.com may, after prior notice, throttle usage or require a switch to a suitable plan.

3.13 No tax or legal advice. Invoisary is a software tool and does not replace tax, accounting or legal advice. Responsibility for the substantive and formal accuracy of the invoices and other documents created with Invoisary, for compliance with the applicable tax and accounting rules, and for meeting statutory retention obligations lies solely with the customer.

4. Rights in the software and in customer data

4.1 Right of use. For the term of the contractual relationship, Invoisary.com grants the customer the non-exclusive, non-transferable and non-sublicensable right, limited to the selected plan, to use the Invoisary user interface as intended. All rights in Invoisary and its source code remain with Invoisary.com. The customer is in particular prohibited from downloading, reproducing, modifying, reverse engineering or making available to third parties Invoisary in whole or in part, unless mandatorily permitted by law.

4.2 Customer data. Invoisary.com acquires no rights in the customer data; the customer remains solely entitled to it. Invoisary.com is entitled to process, store and reproduce the customer data to the extent required to perform the contract, in particular for display, processing and backup. The customer ensures that the customer data is free of third-party rights that would conflict with such use (see clause 5.3).

5. Customer obligations

5.1 Use as intended. The customer may use the services only for the intended purposes and only within the scope of services booked.

5.2 Access credentials. The customer and its users must protect the assigned access credentials against third-party access and must not disclose them to unauthorised persons. Allowing third parties to use the service, including via remote access to the device used, is not permitted; setting up a dedicated user account for the customer's tax adviser or bookkeeper within the number permitted by the plan is excepted. If there is any suspicion that access credentials have become known to unauthorised persons, the customer must inform Invoisary.com without delay and change the affected credentials.

5.3 Content and indemnity. The customer undertakes not to enter or upload into Invoisary any content that is unlawful, prohibited or encumbered with third-party rights. Invoisary.com does not review the content of customer data. The customer indemnifies and holds Invoisary.com harmless against all third-party claims based on unlawful use of Invoisary by the customer or its users, or with their approval, including reasonable costs of legal defence.

5.4 Special categories of personal data. Entering and processing special categories of personal data within the meaning of Art. 9 GDPR — in particular health data, genetic and biometric data, data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning sex life or sexual orientation — is prohibited.

5.5 Reporting disruptions. The customer undertakes to report serious malfunctions without delay in text form to support@invoisary.com (see clauses 3.4 and 3.5).

5.6 Cooperation. The customer cooperates in remedying disruptions to a reasonable extent, in particular by providing the information required for analysis.

6. Data protection and confidentiality

6.1 Where Invoisary.com processes personal data from the customer's sphere in the course of providing the services, Invoisary.com acts exclusively as a processor and processes that data only to perform the contract and on the customer's instructions. The data processing agreement under Art. 28 GDPR forms an integral part of this contract; it is available at https://invoisary.com/en/avv and is concluded together with these terms upon registration.

6.2 Invoisary.com is entitled to engage sub-processors to perform the contract. The current list of sub-processors engaged, including service, location and any safeguards for third-country transfers, is available at https://invoisary.com/en/subprozessoren. Intended changes are notified to the customer at least 14 days before they take effect, in text form or via that page with its notification function. Within that period, the customer may object to a change in text form on important grounds relating to data protection. If no amicable solution can be found, the customer has an extraordinary right of termination as of the date the change takes effect.

6.3 Responsibility for the lawfulness of the collection, processing and use of the personal data that the customer processes in Invoisary lies solely with the customer. The customer is responsible for ensuring that it and its users are entitled to process that data under the applicable rules, in particular data protection law.

6.4 Payment data. With respect to the personal data required to establish and perform the contractual relationship and to handle payment — in particular company name, name and contact details of the contact person, billing address, VAT ID, payment method data and transaction data — Invoisary.com acts not as a processor but as an independent controller; clause 6.1 does not apply in that respect. The payment service provider engaged under clause 8.2 processes this data partly on Invoisary.com's instructions and partly, in order to meet its own statutory obligations — in particular anti-money-laundering and sanctions screening and fraud detection — as an independent controller; Invoisary.com has no influence over the latter processing, for which the payment service provider's privacy notice applies. Payment processing may involve a transfer to the United States; such transfer is covered by the European Commission's adequacy decision on the EU-U.S. Data Privacy Framework and, additionally, by standard contractual clauses under Art. 46(2)(c) GDPR. The impact of this transfer has been assessed and documented; a summary is provided on request. Customer data within the meaning of these terms — in particular uploaded receipts, the data derived from them and account information from a bank connection under clause 3.7 — is not transmitted to the payment service provider.

6.5 Both contracting parties undertake to keep confidential all confidential information of the other party that becomes known to them in connection with this contract, not to disclose it to third parties, and to use it only to perform the contract. This obligation continues for three years after the end of the contract. Excepted is information that is public knowledge, was lawfully obtained from a third party, or must be disclosed by law or official order.

7. Prices and taxes

7.1 All prices are in euro and exclusive of statutory VAT.

7.2 If the customer claims treatment as an intra-Community supply with the reverse charge mechanism, it must provide a valid VAT ID and maintain its validity for the entire term of the contract. Invoisary.com is entitled to verify the VAT ID in the confirmation procedure, including repeatedly at the start of each contract period. Where the conditions are met, invoicing is without Austrian VAT; otherwise Austrian VAT is charged at the statutory rate. The customer must notify Invoisary.com without delay if the conditions cease to be met. If it subsequently emerges that the conditions were not met, the customer is obliged to pay the resulting VAT. Customers established in Austria and customers established outside the European Union are not obliged to provide a VAT ID.

7.3 Invoisary.com is entitled to adjust the fees with effect from the start of the next contract period. The adjustment is notified to the customer in text form at least 30 days before the end of the current period. If the increase exceeds 10 % of the previous fee, the customer may terminate the contract, by way of derogation from clause 9.2, up to the end of the current period. Irrespective of this, Invoisary.com is entitled to index the fees once a year in line with the change in the consumer price index published by Statistik Austria (CPI 2020 or a successor index); such indexation does not give rise to a right of termination.

8. Payment

8.1 The amount of the fee depends on the selected plan and the selected billing period. The fee is payable in advance for the entire contract period.

8.2 Invoisary.com is entitled to send invoices exclusively by electronic means. Payment is made by credit card via the payment service provider engaged by Invoisary.com, Stripe Payments Europe, Limited, 3 Dublin Landings, North Wall Quay, EIR-D01 C 4E0 Dublin, Ireland. Payment method data is collected directly by that provider and is not stored in Invoisary.com's systems. Invoisary.com is entitled to change the payment service provider; clause 6.2 applies accordingly. The customer authorises Invoisary.com or the engaged payment service provider to collect the fee due at the start of the respective contract period, and must ensure that a valid payment method with sufficient funds is available.

8.3 Invoices are due immediately without deduction. In the event of late payment, Invoisary.com is entitled to charge default interest at the statutory rate under § 456 UGB, the flat-rate collection charge under § 458 UGB, and the necessary and appropriate reminder and collection costs.

8.4 If the customer is in default with a payment due and fails to pay despite a reminder and a grace period of at least 14 days set in text form, Invoisary.com is entitled to block access to the service until payment is received in full. The customer's obligation to pay remains in force during the block. Invoisary.com is not liable for the consequences of a justified block. The right to extraordinary termination under clause 9.4 remains unaffected.

8.5 Set-off against counterclaims is permitted only where those claims are undisputed or have been established by a final court decision. Any right of retention on the part of the customer is excluded unless it is based on the same contractual relationship.

9. Term and termination

9.1 Start and term. The contract begins when the account is activated. The term follows the billing period selected by the customer when booking (monthly or annual). The contract renews automatically for the same period unless terminated in due time. A change of plan or billing period is possible as of the start of the next contract period.

9.2 Ordinary termination. With a monthly term, either party may terminate the contract giving 7 days' notice to the end of the respective term; with an annual term, giving 30 days' notice. The customer terminates via the cancellation function in the account or in text form to support@invoisary.com. Fees already paid for the current period are not refunded pro rata.

9.3 Free plan. An account on the free plan may be terminated by either party at any time without notice. Invoisary.com is entitled to deactivate and delete free-plan accounts that have not been used for more than 12 months, after prior notice in text form and expiry of a 30-day period.

9.4 Extraordinary termination. Both parties are entitled to terminate the contract for good cause without notice. Good cause for Invoisary.com exists in particular where the customer is in default of payment despite a reminder and a grace period, where it breaches material obligations under clause 5 despite a warning, where insolvency proceedings are opened over its assets or an application is dismissed for lack of cost-covering assets, or where the customer or a person affiliated with it is listed on a relevant national or international sanctions list or is determined to be a sham business within the meaning of § 8 SBBG.

9.5 Data export and deletion. The customer is itself responsible for backing up its data in good time. For this purpose, Invoisary provides an export function in CSV and PDF formats during the term of the contract. After the contract ends, access remains available free of charge for 30 days. It is granted exclusively for the purpose of backing up and exporting the customer data; during this period there is no entitlement to support, warranty or the remedy of disruptions. The customer data is then deleted; backup copies are deleted in accordance with clause 3.8. In the event of extraordinary termination under clause 9.4, Invoisary.com is entitled to block access immediately; in that case the customer may request a data export within 30 days, which is charged according to effort. Invoisary.com's statutory retention obligations remain unaffected.

10. Warranty

10.1 Invoisary.com warrants that, during the term of the contract, Invoisary substantially conforms to the service description of the selected plan. No warranty is given for any particular availability or for fitness for a purpose beyond the service description. No warranty is given for the free plan provided free of charge.

10.2 The customer must notify defects in text form without delay, and at the latest within 14 days of becoming aware of them, providing the information listed in clause 3.5. The duty to give notice of defects under § 377 UGB remains unaffected.

10.3 Invoisary.com will remedy properly notified defects within a reasonable period by way of improvement. The presumption of defectiveness under § 924 ABGB is excluded.

10.4 Warranty claims lapse six months after the point at which the defect became known to the customer or should have become known in the course of proper use.

11. Liability

11.1 Invoisary.com is liable to the customer for demonstrably culpable damage only in cases of gross negligence or intent. This applies accordingly to damage attributable to third parties engaged by Invoisary.com. For culpably caused personal injury, Invoisary.com is liable without limitation under the statutory provisions.

11.2 Liability for indirect damage — in particular lost profit, costs of business interruption, interest or currency losses, savings not realised and third-party claims — is excluded.

11.3 Invoisary.com's liability is limited in amount to the fee that the customer actually paid for the use of Invoisary in the twelve months preceding the event causing the damage. For use free of charge under the free plan, Invoisary.com is liable exclusively in accordance with mandatory statutory provisions; any liability beyond that is excluded.

11.4 For the loss of customer data, Invoisary.com is liable, by way of derogation from clause 11.2, in accordance with clause 11.1. Liability is limited to the effort that would have been required to restore the data had the customer backed it up properly and regularly in accordance with clause 3.8, and is limited in amount by clause 11.3.

11.5 For unauthorised acquisition of knowledge of customer data or access credentials by third parties, Invoisary.com is liable only in cases of gross negligence or intent. Claims of data subjects under Art. 82 GDPR remain unaffected.

11.6 Where Invoisary.com renders services with the assistance of third parties and warranty or liability claims against those third parties arise in that connection, Invoisary.com assigns those claims to the customer. In that case the customer shall look primarily to those third parties.

11.7 Claims for damages lapse in accordance with the statutory provisions, but at the latest one year after the customer becomes aware of the damage and the party causing it.

11.8 Warranty and damages claims of the customer going beyond those set out in these terms — on whatever legal basis — are excluded. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

12. Force majeure

12.1 Events of force majeure release the affected party from its performance obligations for the duration of the disruption and to the extent of its effect. Force majeure includes in particular natural disasters, war, terrorist attacks, epidemics, acts of public authority, large-scale failures of power or telecommunications networks, and attacks on the IT infrastructure that could not be averted even with due care.

12.2 The affected party must inform the other without delay. If the event lasts longer than 60 days, either party is entitled to terminate the contract.

13. Final provisions

13.1 Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

13.2 The competent court in Vienna is agreed as the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract.

13.3 Text form is sufficient for declarations under this contractual relationship, unless these terms expressly require written form. Declarations to the customer are sent to the email address last notified. There are no oral side agreements.

13.4 Invoisary.com is entitled to transfer the rights and obligations under this contract to a legal successor. The customer is informed of this in text form and may in that case terminate the contract within 30 days of receiving the information, effective as of the date of transfer. A transfer by the customer requires the prior written consent of Invoisary.com.

13.5 Should individual provisions of these terms be or become invalid, the remaining content is unaffected. The contracting parties will cooperate in partnership to find a valid provision that comes as close as possible to the economic purpose of the invalid one.

13.6 For disputes arising from this contract that cannot be settled amicably, the parties agree to involve registered mediators (ZivMediatG) specialising in commercial mediation from the list of the Federal Ministry of Justice before initiating legal steps. If no agreement can be reached on the selection of mediators or on the substance, legal steps may be initiated at the earliest one month after the negotiations have failed. Not covered by this agreement are court enforcement of monetary claims that have fallen due, injunctive claims, and applications for interim legal protection. The costs of a preceding mediation, including those for legal advisers involved, may be claimed as pre-litigation costs in subsequent proceedings.

13.7 The language of the contract is German. Translations serve information purposes only; in case of doubt, the German version prevails.