ferdinanz is a cloud-based Software-as-a-Service solution (SaaS), hereinafter referred to as the "Service", for automated cash flow analysis, liquidity forecasting and financial management for small and medium-sized enterprises. Before using this Service, you should read these terms carefully. Use of the Service is conditional on your acceptance of these Terms.

feodos is entitled to amend these Terms at any time with reasonable notice. When an amendment comes into force, the Customer has the right to terminate the contract with immediate effect. If the Customer does not object in writing within 14 days, the amended Terms shall be deemed accepted.

As the operator of the Service, feodos endeavours to make ferdinanz available 24 hours a day, 7 days a week. feodos guarantees the Customer an annual average service availability of 99%. Excluded are periods during which the Service is unavailable due to technical or other problems outside feodos's control (force majeure, fault of third parties, etc.). Planned maintenance work is counted as availability and communicated in advance where possible.

feodos reserves the right to modify or improve its services. In the event of material reductions in the scope of services, the Customer has the right to terminate the contract with immediate effect. Free services may be discontinued by feodos without notice and without prior announcement. No claims for reduction, reimbursement or damages may be asserted against feodos as a result.

ferdinanz is continuously developed. feodos is entitled to extend, modify or remove features of the Service at any time – in particular for security-related, technical, commercial, legal or regulatory reasons. Material changes will be communicated to the Customer in good time.

As ferdinanz is a cloud-based service, no individual software customisations or customer-specific developments are provided under these Terms. Individual extensions may be agreed separately and require a written agreement.

The Customer is obliged to pay the agreed fees on time, but no later than 14 days after the invoice date. Invoicing takes place at the beginning of the billing period in advance. The first billing period is charged on a pro-rata basis from the commencement of the service.

Invoices issued by feodos shall be deemed accepted by the Customer unless the Customer objects in writing, stating reasons, within 30 days of the invoice date.

Any charges and other costs incurred in connection with payment of fees shall be borne by the Customer. Fees may not be offset against counterclaims. Payments are always applied to the oldest outstanding debt.

feodos reserves the right to apply price indexation to all contractually agreed prices and fees. The reference index is the Consumer Price Index 2020 (VPI 2020) published monthly by Statistics Austria, or any index replacing it. The basis for indexation is the most recently published index figure at the time of conclusion of the contract, or the resulting average inflation over the preceding 12 months (rolling inflation).

Failure to calculate or collect an adjustment shall not constitute a waiver, regardless of the duration. Retrospective claims are permitted, subject to the three-year limitation period. An index adjustment may be applied no earlier than 6 months after the contract is signed.

Service agreements concluded for an indefinite period may be terminated in writing by either party with one month's notice, effective at the end of the calendar month.

The right to terminate for cause is expressly reserved by both parties. Grounds for termination by feodos include in particular: payment default exceeding 30 days, misuse of the Service or breach of these Terms.

Upon termination taking effect, the Customer's right to use ferdinanz ceases. Prior to the end of the contract, the Customer may export their data in machine-readable format. After a 30-day grace period, Customer data will be irreversibly deleted.

The Customer warrants that the information provided (in particular company details and contact information) is accurate and complete. Any changes must be communicated to feodos without delay.

The Customer must keep login credentials and passwords confidential and protect them from unauthorised access. The Customer is liable for any use of the Service under their credentials, provided the unauthorised use is attributable to the Customer.

The Customer is liable for all damages and legal consequences suffered by feodos as a result of misuse or unlawful use of the Service. The Service may only be used for lawful purposes.

ferdinanz enables the linking of bank accounts via the PSD2-compliant interface of finAPI GmbH. The connection is based exclusively on the Customer's explicit consent and may be revoked at any time. The connection is read-only – ferdinanz cannot trigger payments or modify account data.

The accuracy, completeness and currency of data transmitted via the bank interface is the responsibility of the respective account provider. feodos accepts no liability for errors or delays in data transmission by third-party providers.

The Customer is responsible for ensuring they are authorised to connect the linked bank accounts to ferdinanz (e.g. as account holder or authorised signatory). feodos accepts no liability for damages arising from an unauthorised account connection.

Claims for damages due to breach of contractual obligations may only be asserted against feodos where intentional or grossly negligent conduct can be demonstrated.

feodos accepts no liability for the tax or legal correctness of data created or imported by the Customer. ferdinanz is an analytical tool and does not replace tax or legal advice.

feodos accepts no liability for damages incurred by the Customer due to inadequate security measures during data transmission or as a result of unauthorised access to login credentials. Any potential liability on the part of feodos is limited in amount to the most recently paid monthly fee. Claims for damages by the Customer become time-barred one year after they arise, except in cases of intent or gross negligence by feodos.

feodos backs up stored data regularly and takes all reasonable and economically viable measures to ensure data security. Service disruptions due to force majeure – in particular failure or overload of global communications networks – are not attributable to feodos. The Customer may not assert any claim for fee reduction on this basis.

The Customer may request a full export of their data at any time. feodos accepts no liability for compliance with statutory retention periods under tax or commercial law.

The features of ferdinanz are continuously evolving and may change visually, technically, in terms of content or in any other way. feodos is entitled to extend, modify or remove features – in particular for security-related, technical, commercial, legal or regulatory reasons. Where practicable, feodos will always seek a reasonable and mutually agreeable solution in exceptional circumstances.

The processing of personal data in connection with the use of ferdinanz is carried out in accordance with the applicable General Data Protection Regulation (GDPR). Further information can be found in our Privacy policy.

All legal relationships between the parties are governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of performance for all services under the contract is the registered office of feodos (1200 Vienna, Austria).

The courts of Vienna, Austria, shall have exclusive jurisdiction over all disputes arising out of or in connection with this contract, including its validity.

The contract, all other information, customer support and complaint handling are provided in German. The English version of these Terms is provided for convenience only; in the event of any inconsistency, the German version shall prevail.

Warranty is provided in accordance with the statutory provisions of Austrian law. Defects must be reported to feodos in writing without undue delay upon discovery.