Terms and Conditions

Please note: The German-language version of these Terms and Conditions is the legally binding version for all contracts concluded under Austrian law. The English translation is provided for information purposes only.

General Terms and Conditions

of Thelixis e.U. for the IIA Analysis Suite
As of: June 2026 · Version 2.0

§ 1 Provider, Scope and B2B Restriction

1.1 The provider is Thelixis e.U., owner Kristina Momirovic, Hildebrandgasse 39, 1180 Vienna, Austria, VAT ID: ATU68027725, email: office@iia-analysis.at (hereinafter "Provider"). The Provider's product is the web-based SaaS platform "IIA Analysis Suite" (hereinafter "Platform").

1.2 These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the IIA Analysis Suite and all related services provided by the Provider.

1.3 The IIA Analysis Suite is intended exclusively for entrepreneurs within the meaning of § 1 para. 1 of the Austrian Commercial Code (UGB) and for legal entities under public or private law. Conclusion of a contract with consumers within the meaning of § 1 para. 1 no. 2 of the Austrian Consumer Protection Act (KSchG) is not intended and will be declined by the Provider.

1.4 By placing an order, making a payment or using paid access, the customer expressly confirms that they are acting as an entrepreneur within the meaning of the UGB and are using the IIA Analysis Suite exclusively for business purposes.

1.5 Deviating, conflicting or supplementary general terms and conditions of the customer shall only apply if the Provider has expressly agreed to their validity in writing.

1.6 Individual agreements between the Provider and the customer take precedence over these GTC. Their content and proof shall be governed by the written or electronically confirmed form.

§ 2 Subject Matter and Scope of Services

2.1 The IIA Analysis Suite is a web-based Software-as-a-Service (SaaS) solution for the analysis, structuring and evaluation of telecommunications invoices, contracts, tariffs, cost centres, usage data and related information.

2.2 The specific scope of services depends on the package booked by the customer, the service description and price list of the Provider valid at the time of conclusion of the contract. The possible functions of the platform include in particular:
— Analysis and structured preparation of telecommunications invoices;
— Contract and tariff evaluation;
— Cost centre and location assignment;
— User and connection management;
— AI-supported invoice and data analysis;
— Dashboards, reports and export functions;
— Additional modules and add-ons depending on the package booked.

2.3 The Provider is entitled to continuously develop the platform, adapt or supplement functions, provided that the essential scope of services of the booked package is not materially impaired thereby. Material changes will be communicated to the customer in good time.

2.4 The IIA Analysis Suite does not provide legal, tax, financial, procurement or business consulting. Analysis results, AI evaluations and notices are information services. No specific economic success or guaranteed savings are owed.

§ 3 Trial Period and Free Use

3.1 The Provider may offer a free trial period or demo use upon request or as part of specific promotions. There is no legal entitlement to the permanent provision of a trial period.

3.2 During the trial period, no paid contract is created, provided the customer does not expressly book a paid package or make a payment.

3.3 Upon expiry of the trial period, the trial access ends automatically without a separate termination being required. Transition to a paid subscription only occurs through active booking by the customer.

3.4 There is no entitlement to the transfer of trial data to a paid account or to the permanent provision of trial functions, unless otherwise agreed.

§ 4 Conclusion of Contract and Incorporation of GTC

4.1 A contract between the Provider and the customer is concluded by:
— completion of an electronic ordering process via the Provider's website;
— acceptance of an individual written or electronic offer from the Provider;
— written or electronic confirmation of a contract by both parties;
— activation of paid access by the Provider following an order;
— execution of the agreed first payment by the customer.

4.2 By completing the ordering process, accepting an offer, written or electronic confirmation, the first payment or use of paid access, the customer bindingly accepts the Provider's offer. At the latest upon the first payment, the contract including the twelve-month minimum term contained therein is bindingly concluded, unless the contract was already concluded previously by order or acceptance of an offer.

4.3 By accepting, the customer expressly confirms that they have read, understood and accepted these GTC, the service description, the price and payment conditions, the minimum term and, where applicable, the data processing agreement (DPA).

4.4 These GTC are made available to the customer before conclusion of the contract via the website, the checkout process, the offer or a permanently accessible link and are available at any time at iia-analysis.at/agb.

§ 5 Contract Commencement and Minimum Term

5.1 The minimum term is twelve (12) months (hereinafter "Minimum Term"). The Minimum Term begins on the date of the first payment transaction, unless a different contract commencement date has been expressly stipulated in the offer, the ordering process or a written agreement.

5.2 The Minimum Term applies regardless of whether the customer has chosen monthly billing, annual advance payment or any other payment method.

5.3 Monthly payment or monthly billing is exclusively a payment and billing modality. It does not establish a monthly cancellable contractual relationship during the Minimum Term and does not alter the twelve-month minimum commitment.

5.4 The customer owes the agreed remuneration for the entire Minimum Term of twelve (12) months. This also applies if the customer does not use the platform or uses it only partially during the Minimum Term.

5.5 Ordinary termination during the current Minimum Term is excluded. The right of either party to extraordinary termination for good cause remains unaffected.

5.6 After expiry of the Minimum Term, the contract continues for an indefinite period unless terminated in accordance with § 7 of these GTC.

§ 6 Prices, Billing and Payment

6.1 Prices are based on the package booked, the individual offer or the price list of the Provider valid at the time of conclusion of the contract. All prices are in euros, net, plus applicable statutory VAT, unless expressly stated otherwise.

6.2 The Provider offers the following payment models, unless individually agreed otherwise:
— Monthly billing in advance: The monthly fee is due and collected at the beginning of each billing month. Monthly billing does not affect the twelve-month Minimum Term pursuant to § 5.
— Annual advance payment: The annual fee is due once in advance for the agreed annual period. For annual advance payment, the Provider may grant a discount, the amount of which is set out in the current price list.
— Individually agreed payment method: Deviating payment arrangements require written confirmation by the Provider.

6.3 Payments are made via the payment methods offered by the Provider, in particular credit card, SEPA direct debit, bank transfer or via payment service providers. By providing a means of payment, the customer authorises the Provider or the engaged payment service provider to collect amounts due in accordance with the chosen billing model. Payment service providers do not become a party to the use contract.

6.4 Invoices may be transmitted in electronic form. The customer must provide complete, correct and up-to-date billing, company, VAT number and payment details and notify the Provider immediately of any changes.

6.5 In the event of late payment, the Provider is entitled to charge statutory default interest pursuant to § 456 UGB as well as reasonable collection costs for commercial transactions under Austrian law. In the event of continued default despite reminder and reasonable grace period, the Provider is entitled to temporarily suspend access to the platform. The customer's payment obligation continues during a suspension, provided the customer is responsible for the reason for suspension.

6.6 Set-off by the customer is only permissible against undisputed or legally established claims.

§ 7 Termination

7.1 Ordinary termination is first possible with effect upon expiry of the twelve-month Minimum Term. The notice period is one (1) month. The termination must therefore be received by the Provider no later than one (1) month before expiry of the Minimum Term in order for the contract to end at the end of the Minimum Term.

7.2 If notice of termination is not received in time, the contract continues for an indefinite period after expiry of the Minimum Term. After expiry of the Minimum Term, either party may terminate the contract with one (1) month's notice to the end of a calendar month.

7.3 Terminations require at least text form, in particular by email to office@iia-analysis.at. The date of receipt of termination by the recipient is decisive.

7.4 The right of either party to extraordinary termination for good cause remains unaffected. Good cause includes in particular:
— default of payment by the customer of more than two monthly fees or a material part of the agreed remuneration;
— breach of material contractual obligations despite written warning and reasonable grace period;
— unlawful or abusive use of the platform;
— passing on access data to unauthorised third parties;
— serious violations of data protection or confidentiality obligations;
— measures that endanger the security or stability of the platform or other customers.

7.5 In the event of justified extraordinary termination by the Provider, fees due for the Minimum Term and claims for damages by the Provider remain unaffected.

§ 8 Additional Modules, Add-ons and Extensions

8.1 The customer may book additional modules, user access, functions, data contingents, clients, storage or analysis services, to the extent offered by the Provider.

8.2 Additional modules become, unless otherwise agreed, part of the existing main contract. Their term is governed by the respective offer or service description. If no separate term is agreed, additional modules run at minimum until the end of the current contract period of the main contract and generally end with the main contract.

8.3 The payment, use, data protection, termination and liability provisions of these GTC apply accordingly to additional modules and extensions, unless a deviating agreement has been made.

§ 9 Tokens, Usage Quotas and AI Analysis

9.1 If AI analysis functions or consumption-based services are offered, tokens, credits or usage quotas may apply for their use. Prices, package sizes and consumption logic are governed by the current price list, the offer or the service description of the Provider.

9.2 A token purchase is, unless expressly agreed otherwise, a one-time transaction without a recurring subscription, recurring charge or automatic renewal. Tokens are generally not redeemable for cash and non-refundable, to the extent permitted by law.

9.3 AI-supported functions of the IIA Analysis Suite serve to support, pre-structure and analyse data. AI results do not replace independent human review and do not constitute legal, tax, financial, procurement or business consulting. The customer is obliged to independently review AI results before their commercial use. The Provider does not make solely automated decisions within the meaning of Art. 22 GDPR that have legal effects on data subjects.

§ 10 Rights of Use

10.1 The Provider grants the customer, for the duration of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use the IIA Analysis Suite within the scope of the booked package.

10.2 The right of use includes access to the platform via the internet and the use of the functions included in the package exclusively for the customer's own internal business purposes. Use for third parties, commercial resale of access or sublicensing is expressly prohibited.

10.3 The customer is not permitted to reproduce, distribute, lease or make the platform available to third parties outside their own company, to use it for building competing products or for competitive analysis, or to circumvent technical protection measures or carry out reverse engineering, to the extent not mandatorily permitted by law.

10.4 Automated access, scraping, crawling or load testing requires the express written consent of the Provider.

10.5 All rights to the software, the platform, the user interface, database structures, designs, trademarks, texts and documentation remain with the Provider. The customer retains all rights to their own data and content that they enter into the platform.

§ 11 Customer Obligations

11.1 The customer uses the platform exclusively in accordance with the contract and in compliance with applicable legal provisions.

11.2 The customer is responsible for the accuracy, completeness, legality and currency of the data uploaded, entered or transmitted by them. They must ensure that they are authorised to process and transmit such data.

11.3 Access data must be kept confidential by the customer and protected from access by unauthorised third parties. In the event of suspected misuse or unauthorised access, the customer must immediately inform the Provider.

11.4 The customer may not enter or transmit any unlawful, harmful, security-threatening or rights-infringing content into the platform.

11.5 The customer must implement reasonable data backup and control measures of their own. Use of the platform does not replace the customer's own data backup obligations.

11.6 In the event of culpable breach of obligations, the Provider is entitled to suspend access after prior notice and setting of a reasonable grace period. In the event of imminent danger or significant security risks, immediate suspension without prior notice is permissible.

§ 12 Availability, Maintenance and Support

12.1 The Provider endeavours to ensure high availability of the platform. A specific uninterrupted availability is only owed if this has been expressly agreed in a separate service level agreement (SLA). The target is a monthly technical availability of 99%, measured at the level of the platform infrastructure, excluding planned maintenance, emergency maintenance, force majeure, disruptions at third-party providers and restrictions due to the customer's systems or connections.

12.2 Planned maintenance work is carried out where possible outside normal business hours (Monday to Friday, 8 a.m.–6 p.m. CET) and is announced to the customer in good time by email or on the website. Emergency maintenance for security, data protection, stability or urgency reasons is also permissible without prior notice. Temporary impairments due to maintenance work do not constitute defects entitling the customer to claims.

12.3 Support is governed by the package booked, the service description or a separate agreement. The customer must describe faults in a comprehensible manner and cooperate reasonably in the fault analysis.

§ 13 Data Protection and Data Processing

13.1 The Provider processes personal data of the customer and their users in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG), the Provider's privacy policy and, where applicable, a data processing agreement (DPA). The privacy policy is available at any time at iia-analysis.at/datenschutz.

13.2 To the extent that the customer processes personal data in the course of using the platform for which they are controller within the meaning of Art. 4 no. 7 GDPR, the Provider is generally a processor within the meaning of Art. 28 GDPR. In this case, a DPA must be concluded, which becomes part of the contract. The customer remains responsible for the lawfulness of the personal data entered, uploaded or processed.

13.3 The Provider is entitled to engage suitable subcontractors and sub-processors for the provision of services, in particular for hosting, cloud infrastructure, payment processing, email delivery, analytics, AI services and support systems. Sub-processors are bound by appropriate contractual data protection obligations. The sub-processors engaged are listed in the privacy policy.

§ 14 Confidentiality

14.1 Both parties undertake to treat all confidential information that they receive or become aware of in the course of the contractual relationship with strict confidentiality and not to disclose or publish it to third parties without the express consent of the other party.

14.2 Confidential information includes in particular: trade secrets, technical information, access data, price and contract information, customer data, invoice data, evaluations, internal processes and product information not publicly accessible.

14.3 The confidentiality obligation does not apply to information that:
— is or becomes generally known without either party having violated this obligation;
— was already lawfully known to the receiving party before disclosure;
— was disclosed to the receiving party by an authorised third party;
— must be disclosed due to legal, regulatory or judicial obligation.

14.4 The confidentiality obligation continues after termination of the contract.

§ 15 Data Export and Data Deletion after Contract End

15.1 The customer is entitled to export their data stored in the platform at any time during the active contract term, to the extent that the platform provides corresponding export functions.

15.2 After termination of the contract — regardless of the reason — the customer's data is available for export for a period of thirty (30) days from the end of the contract, to the extent technically possible and legally permissible. The Provider will, where possible, notify the customer by email of the imminent expiry of this period.

15.3 After expiry of the 30-day period, the Provider is entitled to delete the customer account and data, to the extent that no statutory retention obligations exist. Restoration is no longer possible after deletion. The customer is responsible for the timely backup of their own data.

15.4 The Provider is not liable for data losses arising from the customer's failure to use the export option in time, except in the case of intent or gross negligence on the part of the Provider.

§ 16 Warranty and Defects

16.1 The Provider warrants that the platform, when used in accordance with the contract, substantially fulfils the essential functions described in the service description.

16.2 The following are not defects within the meaning of these GTC: minor deviations, operating errors or misuse by the customer, problems caused by the customer's systems, software or connections, disruptions by third-party providers or internet connections, and unsupported file formats or data sources.

16.3 Defects must be reported by the customer immediately, in a comprehensible manner and in writing. The Provider is entitled to remedy defects at its discretion by rectification, update, workaround or other reasonable measures. No specific economic purpose or savings are warranted unless expressly agreed.

16.4 The warranty period against entrepreneurs is, to the extent permitted by law, six (6) months from delivery of the service.

§ 17 Liability

17.1 The Provider is liable without limitation for damages caused by intent or gross negligence of the Provider, its legal representatives or vicarious agents, as well as for damages arising from injury to life, limb or health.

17.2 In the case of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations), i.e. those obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited in amount to the foreseeable, contract-typical damage at the time of conclusion of the contract.

17.3 To the extent permitted by law, the Provider is not liable for indirect damages, consequential damages, loss of profit, failure to achieve savings, business interruptions, reputational damage or claims of third parties against the customer.

17.4 For data losses, the Provider is only liable to the extent that the damage would have occurred even with proper data backup by the customer.

17.5 The total liability of the Provider is, to the extent permitted by law, limited in amount to the net fees actually paid by the customer to the Provider in the twelve (12) months preceding the damaging event.

17.6 The foregoing liability limitations do not apply in the case of personal injury, intent, gross negligence, mandatory statutory liability, fraudulent concealment of defects or claims under the Product Liability Act (PHG). The liability limitations also apply for the benefit of the Provider's employees, vicarious agents, representatives and subcontractors.

§ 18 Suspension of Access

18.1 The Provider is entitled to temporarily suspend the customer's access to the platform in whole or in part if:
— the customer is in default of payment despite reminder and setting of a reasonable grace period;
— there is a justified suspicion of misuse or unauthorised access;
— there is a risk to the security or stability of the platform or other customers;
— the customer is in breach of material contractual obligations;
— there is a legal, regulatory or judicial obligation to suspend.

18.2 The Provider will inform the customer of the suspension and its reasons, to the extent that no overriding security interests or legal obligations preclude this.

18.3 A suspension does not release the customer from their payment obligation, provided the customer is responsible for the reason for suspension. The suspension is lifted as soon as the reason for suspension no longer exists.

§ 19 Reference Use

19.1 The Provider may only name or use the customer's name, company or logo as a reference, in marketing materials or on the website with the customer's express prior consent.

19.2 Consent given may be withdrawn by the customer at any time with effect for the future in writing or by email.

§ 20 Price Changes

20.1 During the Minimum Term, prices may only be adjusted in the event of an express individual agreement or in the event of mandatory statutory changes, tax changes or levy changes.

20.2 After expiry of the Minimum Term, the Provider is entitled to adjust prices for future billing periods. Price changes will be communicated to the customer at least thirty (30) days before they take effect by email.

20.3 In the event of a price increase after expiry of the Minimum Term, the customer is entitled to terminate the contract extraordinarily at the time the price increase takes effect. The notice period in this case is one (1) month from receipt of the notification of the price increase.

§ 21 Amendments to the GTC

21.1 Amendments to these GTC only take effect for the future and require a substantive reason, in particular a change in law, supreme court jurisprudence, technical development, new functions, security requirements or organisational adjustments of the Provider.

21.2 Amendments will be communicated to the customer at least thirty (30) days before they take effect by email to the registered contract address.

21.3 Amendments to material contractual obligations, the minimum term, termination periods or remuneration obligations to the detriment of the customer require the customer's express consent or are only permissible to the extent required by law.

21.4 If the customer does not object to any other amendment within fourteen (14) days of notification, the amendment shall be deemed accepted. The Provider will expressly draw the customer's attention to this consequence of their silence in the notification.

21.5 In the event of objection, the Provider is entitled to terminate the contract at the time the amendments take effect or at the next possible ordinary termination date.

§ 22 Force Majeure

22.1 Neither party is liable for non-performance or delayed performance of contractual obligations to the extent that this is due to events outside the reasonable sphere of influence of the affected party (force majeure). This includes in particular: natural disasters, war, terrorism, pandemic, governmental measures, widespread internet or power failures, data centre failures, cloud infrastructure failures, failures of material payment service providers and other events that were not foreseeable at the time of conclusion of the contract.

22.2 The affected party will inform the other party of the occurrence and expected end of the event as far as possible and reasonable without delay and will take all reasonable measures to minimise damage.

22.3 If the force majeure event lasts longer than thirty (30) consecutive days and leads to a material impairment of service provision, either party is entitled to terminate the contract extraordinarily.

§ 23 Assignment and Transfer of Contract

23.1 The customer may only transfer rights and obligations under this contract to third parties with the prior written consent of the Provider.

23.2 The Provider is entitled to transfer rights and obligations under this contract to an affiliated company, a legal successor or a purchaser of the business, provided that the legitimate interests of the customer are not materially impaired. The customer will be informed of such a transfer.

§ 24 Notices

24.1 Legally relevant notices — in particular terminations, reminders, price change notifications and GTC amendments — are sent by email to the contract address registered by the customer, unless a stricter form is required by law. Notices are deemed received when they are accessible under normal circumstances.

24.2 The customer must register a valid, regularly checked email address. Changes to company name, address, billing details, VAT number, contact persons or email address must be communicated to the Provider immediately. The Provider is not liable for disadvantages arising from the customer's failure to register a current contact address.

24.3 Notices to the Provider are sent to the contact address of the Provider stated in the legal notice, the contract or on the website.

§ 25 Applicable Law and Jurisdiction

25.1 All contracts subject to these GTC are governed exclusively by Austrian law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Conflict of law rules that would lead to the application of another national law are also excluded.

25.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these contracts is the court of competent jurisdiction in Vienna, Austria, unless mandatory statutory provisions preclude this.

25.3 The place of performance for all services of the Provider is Vienna, Austria.

§ 26 Final Provisions

26.1 Amendments and supplements to individual agreements require written form or express electronic confirmation, to the extent permitted by law.

26.2 Should individual provisions of these GTC be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision and appropriately takes into account the interests of both parties. The same applies to any gaps in the provisions.

26.3 The German version of these GTC is authoritative. Any translations into other languages are for information purposes only.

As of: June 2026 · Version 2.0
Thelixis e.U. · Owner: Kristina Momirovic · Hildebrandgasse 39, 1180 Vienna, Austria · office@iia-analysis.at