Terms of Use

1. Introduction

Airbank GmbH (hereinafter Airbank), is a financial management application for businesses. The present Term of Service (Terms) expose the rights and obligations of the user and of Airbank as the provider of the service.

Any use of the Application by the user entails the latter’s full and unreserved acceptance of these Terms. The user accepts these Terms of Service, acknowledges having reviewed them in their entirety and therefore waives any ability to invoke contradictory documentation.

Airbank GmbH, registered in the Commercial Register of the District Court of Charlottenburg (Berlin) under the registration number HRB 226357 B and the registered address Chausseestraße 86, 10115 Berlin, Germany, provides the Airbank website and its related services according to the terms and conditions set forth below.

Airbank may modify the Terms at any time. The relationship between the parties will always be governed by the most recent version of the Terms on the date of the user’s use of the Application. New features that could be added to the Services will be subject to the Terms of Service. In case the user continues to make use of the Service after any modification, it will assume their agreement with said modifications.

2. Account terms

To access the service it is essential to be over sixteen (16) years old. A complete legal name, an email address, and all information required by Airbank in the account creation process must be provided.

It is the responsibility of the user to provide truthful information, and Airbank reserves the right to delete any account if it is suspected of its veracity or could breach any of the rules of use of Airbank.

The user is responsible for maintaining the privacy of his account. Airbank shall not be liable for any damage or loss that may be the result of user error in protecting your login information.

3. The Application

The purpose of the Application is to offer the Client and its users a solution designed to assist professionals with the management of their company’s cash flows. In particular, its functions include cash flow monitoring, cash forecasting and reporting.

The Application is accessible online at https://app.joinairbank.com . Because the Application is not available for download, but rather only online, accessing and using it requires an Internet connection and a web browser.

The agreement entails Airbank’s provision of basic technical support services. That technical support can be provided either via a telephone hotline or by online chat, depending on the Package selected by the Client.

4. Pricing

The features to which the user will have access in the Application will depend on whether or not the Client has taken out a subscription.

Airbank offers a rate system that adapts to the activities and features that the user performs. The limits of each tariff are specified in the prices section at https://app.joinairbank.com/pricing . If the user exceeds any of the limits of his tariff, he will have to increase the rate.

All prices are stated in euros, exclusive of VAT.

5. Service and pricing modifications

Airbank reserves the right to modify or suspend, temporarily or permanently, the Service at any time for any reason with or without notice if it deems it convenient. Airbank reserves the right to change monthly fees with a notice of 15 days. Notification of quota changes will be posted on Airbank’s website and in writing.

6. Payment

A valid bank card is required to make payments. It is not required to create or use a free account. Airbank will periodically charge you a recurring fee depending on the type of account you have contracted.

The Service is charged each period in advance and is not refundable. There will be no refunds or credits for partial months of the Service, nor will there be refunds in case the user does not use the Service during the period of time the account is open. In no case shall exceptions be made.

The customer agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by means of electronic communication.

In case the user charges the account level for their volume of documents, a charge will not be made on their card with the new amount until the next billing date. From now on, the next billing will be charged on your card for the new amount, unless the account is cancelled.

From now on, the next billing will be charged on your card for the new amount, unless the account is cancelled.

In case of non-payment or return of the receipt, you will be notified of the default and will automatically lose the ability to access the Service. The data will be deleted within thirty (30) days from the date of default.

No fee includes any taxes or duties required by your governmental authorities. The user is responsible for paying these taxes or obligations.

Any amounts not paid by the stated deadlines will generate interest at the rate applied by the European Central Bank to its most recent refinancing transaction, plus 10 percentage points, and will also open the Client up to payment of a flat fee of €40 in the name of compensation for collections expenses. These late fees will be payable as from the first day late, without requiring any formal notice to pay, and shall accrue until payment in full has been made for all amounts owed, including late fees.

The Client shall not be able to invoke any grounds whatsoever for delaying or modifying the payment terms or requesting a price reduction, namely include a challenge relating to the quality or non-compliance of the Services.

In the absence of on-time payment, and after a formal notice to pay has gone unanswered for 48 hours, Airbank will have the option to demand immediate payment of the remaining balance and/or suspend the fulfilment of its obligations, without prejudice to its right to claim any damages and/or terminate the contract according to these Terms.

7. Account and users

For each additional company Interface that the Client wants to create, it will need to subscribe to another Package.

Under no circumstances may the contract be transferred, in whole or in part, for a fee or free of charge, without the express prior written consent of Airbank.

The user decides who has the right to enter his account with the role he deems appropriate.

8. Access and Use

Registration for the Application will be effective for an indefinite, as from the user’s receipt of an account creation confirmation email.

The features will be accessible for the same period as defined in the Client’s subscription agreement.

The user has the option to terminate their account and this contract at any time, via the dedicated section of the Application.

At the end of the Initial Term, the contract shall be tacitly renewed for the same time period, unless terminated by either Party at least seven (7) days prior to the contract’s anniversary date.

9. Cancellation / Termination

The user is responsible for the proper cancellation of his account. You can cancel your account at any time through the profile menu. Once your account is canceled, all your content will be deleted after thirty (30) days. The user can cancel his account at any time, but will be responsible for all the charges made until that moment, including the full monthly charge for the month in which he suspends the service. Thereafter, you will not be charged. Airbank reserves the right to cancel an account or prevent the use of the Software to those who do not comply with the present conditions of use.

Failure to comply with any of the Conditions of Use may lead to the cancellation of your account.

10. Refund policy

Monthly Subscriptions: If at any time during your FIRST month using Airbank you are dissatisfied, please contact us.

We will do our best to address your issue, provide a workaround or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan for that service.

Annual Subscriptions: Airbank doesn’t force you into an annual subscription as a condition using our services. We prefer to give you the flexibility to choose. In exchange for you signing up for an annual up-front commitment, we offer you a significant discount over the already-low monthly subscription cost. If at any time during your FIRST 30 days using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a workaround or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan.

Auto-Renewal: For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. We know that sometimes customers forget to cancel an account they no longer want until it has already been charged. That’s why you can cancel your monthly/annual subscription, through the settings on your Airbank account, up until seven (7) business days prior to your renewal date.

Exception to our Refund Policy: Please note that we will not entertain a request for a refund when we have suspended or terminated your access to Airbank’s services due to a breach of our Terms of Service.

11. Maintenance

In the event of scheduled maintenance, use of the Application may be suspended after given seventy-two (72) hours’ notice thereof. Further, any force majeure event, as typically recognized by the courts, may lead to suspension of the Application without notice, so as to perform maintenance.

12. User obligations

In respect of their use of the Application, the user agrees to:

* Submit complete, accurate information when using the Application and update that information in event of any changes.

* Refrain from using the Application for fraudulent ends or for any other purposes not mentioned in these Terms.

* Refrain from impersonating any other person or logging into an account other than their own.

* Refrain from performing systems analyses that are akin to reverse engineering.

* Refrain from uploading any viruses or files which could potentially pose a threat to the Application’s integrity.

* Refrain from creating multiple accounts for the purpose of accessing the Application and using the features by artificially renewing the trial period offered by Airbank.

The user and/or the Client alone will be responsible for the content they publish in the Application, namely any content (data, databases, texts, photos, videos, etc.) that they may post in the Application while using its features.

13. Copyright and intellectual property

Airbank owns all the Intellectual Property rights of all and any of the components of the Service that may be protected, including but not limited to the name of the Service, graphic material, all software associated with the Service and the elements of the user interface contents In the Service, many of the individual characteristics and related documentation.

In return for accepting these Terms, Airbank grants the user the personal, non-transferable and non-exclusive right to use the Application for the duration of the contract, for the user’s own needs.

The user undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or disguise any facet of the Service that Airbank owns. The user also accepts and agrees not to use robots, spiders, other automated devices, or manual processes to control or copy any content of the Service.

Airbank will not claim rights over the Intellectual Property of the Content that the user uploads or provides to the Service. However, by using the Service to send content, the user accepts that third parties can view and share this content sent by the user.

The user agrees not to infringe on those rights. The user also agrees not to give any unauthorized third parties access to the documentation associated with the Application, either directly or indirectly, in any capacity, in any form or for any reason whatsoever.

The user will protect Airbank against any legal action which may be lodged by a third party on the basis of the content posted by the user.

Airbank may share the name of the client, acting as part of its professional activities, as a business reference, unless otherwise stipulated in writing by the Client.

14. Confidentiality

The parties agree to protect the secrecy of all the different types of information that they may collect while using and/or running the Application. In particular, Airbank undertakes to preserve the confidentiality of the information it collects when the user uses the Application and any related information.

Both parties shall hold all of the other Party’s information, data, formulas and concepts as strictly confidential and shall refrain from disclosing them, regardless of the form in which they are provided to the receiving Party (written or verbal, on magnetic, electronic or computerized media, etc.) during the course of the contract (hereinafter the “Confidential Information”), for a period of five (5) years from the date of their disclosure to the other Party.

Neither Party shall disclose Confidential Information about the other Party to any third party without the express written consent of that other Party, and will not use any Confidential Information for purposes other than the fulfilment of the contract. Each Party shall apply the same level of precaution in respect of the non-disclosure of the other Party’s Confidential Information as they do for their own Confidential Information. Confidential Information does not include information which: is widely available to or known to the general public was previously known to the recipient was developed independently by the recipient, outside the scope of the contract established in accordance with Article 3 was legitimately disclosed by a third party or is disclosed during testimony before a competent authority. Both parties shall take all the necessary measures with their personnel and partners to ensure compliance with this obligation.

15. Account Information Services (AIS)

The user may choose to use the bank account information features to automatically import their transactions and other banking information (“Banking Information”) into their Company Interface(s). Airbank reserves the right to utilize the subcontractor(s) of its choice to provide such Account Information Services.

The Client represents and warrants that it has expressly authorized the banking institution responsible for collecting its banking information to communicate the information to Airbank or its subcontractors which is necessary in order to supply Services covered by trade secrecy.

Airbank shall not be held responsible in the event of a violation of trade secrecy relating to the Client’s banking information, within the context of its use of Airbank’s Services.

Airbank shall not be held responsible for any errors or damages resulting from an incomplete, incorrect or misleading transmission of banking data.

16. Third-Party Providers for the Provisioning of the Service

Airbank reserves the right to utilize the subcontractor(s) of its choice. Airbank also reserves the right to transfer this contract, with no formalities required, on condition of giving the Client advance notice thereof.

17. General Terms

The user is fully responsible for the access and correct use of Airbank subject to the current legality, whether national or international, as well as the principles of good faith, morality, good customs, and public order. And specifically, it acquires the commitment to diligently observe the present General Conditions of use.

The user agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written consent of Airbank. You may not use the Service to store, host, or send harmful or unsolicited (spam) e-mail.

You understand that the Service may be used for the transmission of your Content and that during this process, your Content, including invoices, payment notices, and personal messages, may be transferred unencrypted through the Internet. The user can not use the service to transmit any virus, worm, or any type of malicious or harmful content.

Airbank makes no warranties with respect to its ability to use the Service, its satisfaction with the Service, that the Service is available at all times, uninterruptedly and without errors, the accuracy of the mathematical calculations performed by the Service, and the correction Of the errors of the Service.

Neither Airbank nor its partners nor its sponsors are liable for any direct, indirect, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with the use made by the user from service. The user can only solve his dissatisfaction with the Service by not using it and canceling his account.

If any of the conditions described here are invalidated or can not be applied, the application of any of the remaining ones should not be affected in any case.

Any questions regarding the Terms of Use should be directed to Airbank Technical Support: support@joinirbank.com.

The Terms of Use establish an absolute understanding between you and Airbank regarding the Service and prevail over any prior agreement reached between you and Airbank.

18. Application account and security

The user is given dedicated, secure access to their account by means of their username and password. The user is responsible for the password, chosen by them at the time of registration, and undertakes not to share it with anyone. Airbank may not, under any circumstances, be held responsible for the consequences of fraudulent use of a password by a third party.

19. Privacy

Airbank GmbH is duly complying with the current regulations on confidentiality and security of confidential data.

The data that users enter into Airbank are hosted on Google’s servers in the European Union, thus ensuring both the regulation in data hosting as the highest levels of security and accessibility of the market.

20. Personal Data

The Client is hereby informed and agrees that, when it places an order or uses the Application, Airbank will process its personal data for the purposes of order management and supply of the Services, and this in accordance with the German Data Protection Act of 6 January 1978, as amended by German Law 2018-493 of 20 June 2018 on personal data protection, derived from the European General Data Protection Regulation. For more information about how Airbank processes personal data, the Client is referred to Airbank’s Privacy Policy, available at https://joinairbank.com/privacy-policy (hereinafter the “Privacy Policy”). If, during its performance of a Service ordered by the Client, Airbank needs to process users’ personal data, the terms and conditions laid down in the Appendix hereto will apply.

21. Guarantees and Responsibility

The Client acknowledges and accepts that Airbank is not responsible for the content that the Client and its users post in the Application, namely any quantitative data that they input, or for that contact’s accuracy, which shall be their sole responsibility. Under no circumstances may Airbank be held liable by the Client for any financial difficulties encountered by the latter and/or for poor management of the Client’s cash assets.

Any challenges made by the Client in respect of Airbank’s fulfilment of its contractual obligations must be justified and stated in a registered letter with acknowledgement of receipt, sent within one year of the date of discovery of the facts forming the grounds for that claim. Failure to do so will entail the Client’s waiver of any right to criticize Airbank’s fulfilment of its contractual obligations.

In no instance, save in the case of gross negligence or wilful misconduct, Airbank shall not be bound to remedy any indirect damage (moral damage, image problems or loss of business, data, profits, turnover, orders or clients) that the Client may suffer as a result of performance of the Services. FURTHER, IN ITS RELATIONS WITH THE CLIENT, UNDER NO CIRCUMSTANCES MAY AIRBANK’S LIABILITY ENSUING FROM DAMAGE CAUSED BY PERFORMANCE OF THE SERVICES EXCEED THE AMOUNT PAID BY THE CLIENT IN THE NAME OF THE CONTRACT OVER THE PREVIOUS 12 MONTHS.

Airbank shall not, under any circumstances, be held responsible for the content posted by the user in the Application, which Airbank merely hosts, as only the Client and/or the user will be considered the publisher(s) of that content. Airbank may invoke the user’s liability for any damage it may suffer as a result of the user’s content. The user will protect Airbank against any harmful consequences ensuing from their content, be they direct or indirect, tangible or intangible. Airbank is not responsible for the truthfulness of the data the user inputs into the Application, which is the user’s responsibility alone. Under no circumstances may Airbank be held liable for any financial difficulties encountered by the Client and/or for poor management of the Client’s cash assets.

Airbank will guarantee the Application’s availability and continuity, with the understanding that it shall not be held responsible for any interruption of the Application due to maintenance, technical problems, Internet bandwidth issues or a fault in any other data transfer system, that could prevent the Application from functioning.

Airbank does not guarantee the continuity and quality of the user’s communication links with the Application. Consequently, communications with Airbank’s personnel may be interrupted without warning for a reasonable period of time, namely due to maintenance or any other reason other than a fault on Airbank’s part.

Airbank shall not be held responsible for improper execution of the features caused by information that was incorrectly added, not updated by the user or incorrectly processed by the software.

Airbank shall not be held responsible for interruptions in the features or for damage caused by a cyberattack, by a third party fraudulently remaining in the system or by the illegal extraction of data, in spite of the implementation of security measures that comply with current technological information. Airbank only has a best effort obligation in view of known security technologies.

In the event that Airbank’s liability is invoked, namely due to a malfunction of the Application, Airbank may, at its sole discretion, quash that claim by correcting the error or updating the Application.

22. Final Provisions

If there is any doubt as to the interpretation of a clause, or in the absence of information allowing the Client to determine the scope of Airbank’s obligations, the Client acknowledges that these latter shall be understood as best effort obligations.

No act of forbearance by either Party toward the other, particularly any forbearance regarding payment terms, shall be interpreted as a waiver of the right to enforce all its rights hereunder at a later date.

The cancellation of one of this contract’s clauses shall not affect the validity of the others.

23. Applicable law and assignment of jurisdiction

The Terms, and your relationship with Airbank under these Terms, shall be governed by the laws of Germany. The user and Airbank accept to submit to the exclusive jurisdiction of the courts of Germany to resolve any legal question regarding the Terms of Service.

All the clauses laid down in these Terms of Service and all the contractual operations referenced herein shall be subject to German law, unless an international convention applies. THE CLIENT EXPRESSLY ACCEPTS THAT ANY DISPUTE ENSUING FROM THE ACTIONS REFERENCED HEREIN SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF BERLIN, GERMANY, EVEN IN CASES INVOLVING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.

This document is a convenience translation of the German original. In case of discrepancy between the English and German versions, the German version shall prevail.