Terms of Use IXOLIT ID

1. Scope, Acceptance of Terms of Use & Cookies

The website is directed at entrepreneurs under the Austrian Commercial Code ("UGB"), only. The following Terms of Use govern the contractual relationship between you and IXOLIT GmbH ("IXOLIT", "we") for the use of the service 'IXOLIT ID' ("Service") as provided via the domain id.ixolit.com ("Website").

By your use of the Website you accept the Terms of Use and give your consent to the use of the non-essential cookies set forth in Section 5 (Data Protection) below.

If you do not agree and/or do not grant consent for the processing of non-essential cookies, you may not use the Website any further. Please refer to Section 3 (Cookies) of our Privacy Policy particularly as regards adjusting your internet browser settings to reject or remove stored cookies.

You can download and save the Terms of Use by clicking "print" in your browser.

2. User Account

2.1 For adding a subscription (eg. for IXOPAY Starter or Growth), prior registration in the IXOLIT ID portal is required. The log-in is performed by using an e-mail address and a password. In the user account, you can create your organization, add team members and choose your subscription plan. 

2.2 You are obliged to handle the log-in data with due care. In particular, it is prohibited to disclose the log-in data to unauthorized third parties or allow them to access the user account. In the event of a breach of these provisions, you shall be liable for all activities related to that user account. 

2.3 You are obliged to provide true and complete information when creating the user account.

2.4 The user account is created for an unlimited period of time. Deletion of the user account is only possible if no IXOPAY subscription plan is active. To delete your user account please contact [email protected].

3. General, Limitation of Warranty & Liability

3.1 We will use reasonable endeavours to ensure that the Service operates without interruption, but we cannot warrant that no temporary interruptions or outages may occur. We may also temporarily or permanently restrict access to the Service due to maintenance, capacity issues and other events beyond our control. 

3.2 Liability for defects or downtimes beyond our control is excluded. Without prejudice to the foregoing, we are liable for direct damages caused by blatant gross negligence (in German: “krass grobe Fahrlässigkeit") or intent, only; conversely, our liability for slight negligence and ‘ordinary’ (but not blatant) gross negligence is excluded. Furthermore, we are not liable for consequential damages, including any pecuniary loss (in German: “reine Vermögensschäden”), lost profit (in German: “entgangener Gewinn”), any loss or injury to earnings or goodwill, as well as for damages resulting from frustration of commercial opportunities regardless of whether its realization can be considered as certain, unless such damages are caused by intent. However, these limitations do not apply to damages for which no limitation of liability is permitted by applicable law.

3.3 We may, at any time without notice, extend, discontinue or block the Services, temporarily or permanently, in whole or in parts. Furthermore, we reserve the right to block user accounts based on objective grounds without providing advance notice.

3.4 We cannot control the content and presentation of linked third party websites (if any). The liability for such linked websites rests with the respective owner. Accordingly, any liability for the content, timeliness, completeness and accuracy of linked internet services is therefore excluded to the fullest extent permitted by law.

4. Copyright protection, Linking to this Website

4.1 Content on the Website, such as text, data, pictures, illustrations, as well as design and structure of the Website and links, structure and contents of the database are subject to trademark and copyright protection of IXOLIT and/or IXOPAY GmbH. Unless expressly agreed in writing, this content may not be copied, send, made available, presented, performed, modified, translated or utilised.

4.2 © Copyright IXOLIT GmbH, 2023. Trademark protection: IXOLIT & IXOPAY are registered trademarks of IXOLIT GmbH.

4.3 It is forbidden to implement single sites in external frames ("framing") as well as to provide RSS-Feeds on external websites.

5. Data Protection

5.1 The B2B Privacy Policy (https://www.ixolit.com/en/legal/privacy-policy-ixolit-id) applies as regards our contractual relationship with you. 

5.2 Within the IXOLIT ID portal the following third party cookies are used:

Google Analytics

We use "Google Analytics", a web analysis service of Google Ireland Limited, Gordon House, Barrow Street Dublin 4, Irland ("Google") on our Website. The information generated through the Google Analytics Cookie about the use of the Website are usually transmitted to the servers of Google in the United States of America and stored there.

Google will use this information to evaluate the usage of our Website by the users, to assemble reports about the activities on our Website and to deliver to us further services connected to the use of the Website. In doing so, pseudonymised user profiles of users can be generated from the processed data. Google will also potentially transmit the data to third parties if legally required or third parties process the data on behalf of Google.

Both Google and government authorities might have access to this data. Google is contractually committed under the current data processing arrangements to a procedure that enables the transfer of personal data outside the EU in accordance with the requirements of the GDPR.

You can prevent the general use of Google Analytics by downloading and installing the browser plug-in available through the following link: https://tools.google.com/dlpage/gaoptout. More information about the data usage by Google, settings and objection options are available on the websites of Google: https://www.google.com/intl/en/policies/privacy/partners.

Microsoft Clarity

We use "Clarity", a web analytics service of Microsoft Ireland Operations Limited, 70 Sir Rogerson's Quay, Dublin 2, Ireland ("Microsoft"). Clarity uses cookies and a so-called tracking code, which enable us to analyze the use of our Website. The information collected is transmitted to and stored by Microsoft, and can be used for Microsoft advertising. The information generated by the Microsoft Clarity cookie about your use of the website may be transmitted to and stored by servers in the United States, and both Microsoft and government authorities may have access to that data. Microsoft uses a number of mechanisms to protect your rights when transferring data to third countries, including standard contractual clauses. More Information about the data usage by Microsoft, settings and objection options are available on the websites of Microsoft: https://privacy.microsoft.com/en-us/privacystatement.

Leadfeeder

We use "Leadfeeder", a web analytics service of Liidio Oy, Mikonkatu, 00100 Helsinki, Finland, to detect corporate visits and their geographic location. Leadfeeder only shows company visits, automatically filtering out all users visiting from residential IP addresses. All visit data is aggregated on the company level (no reference to natural persons). IP address anonymization erases the last part of the IP address, thereby making the IP anonymous. Via a connection to Google Analytics, Leadfeeder shows company visitors' interactions on the Website (pages viewed, visitor source and duration of session). Leadfeeder also enriches that company data with contact data for individuals from publicly available data sources (eg. LinkedIn). Please see further information on Leadfeeder's GDPR compliance and the Leadfeeder Privacy Notice

Google Ads 

We use cookies linked to the online marketing service "Google Ads" (formerly: "Google Adwords"). Through the information collected, we can access statistics and find out the total number of users that have clicked on our advertisements or that were forwarded to a Website of our Online Presence through a Google search or through the Google Display Network. On our behalf, Google Ads furthermore uses advertising functions of the Google Analytics service, on the basis of consent given by the individual user to Google, to place advertisements to target groups provided by Google.

You can object to Google regarding these processing activities by using the Opt-out service provided by Google: https://adssettings.google.com/authenticated. Please find more general information about data use for marketing purposes by Google through the data protection notice of Google under https://www.google.com/policies/privacy/partners.

Conversion-Cookies

We use the Conversion Tracker of the services Google Ads and Microsoft Advertising. This allows us to obtain information to assess the advertisement efficiency (so-called 'conversion') across our Websites and on websites of our marketing- & advertising partners. 

For further information of Google regarding Conversion-Tracking please see https://support.google.com/google-ads/answer/1722022.

You can find more information on data processing by Microsoft Advertising at https://privacy.microsoft.com/en-us/privacystatement.

5.3 Furthermore, the Privacy Policy of the IXOLIT Group (https://www.ixolit.com/en/legal/privacy-policy) applies, as relevant. 

6. Applicable Law, Exclusive Jurisdiction

6.1 These Terms of Use are governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law and to the UN Sales Convention (CISG).

6.2 All disputes directly or indirectly relating to or in connection with the Terms of Use, including the question of its applicability, shall be shall be subject to the exclusive jurisdiction of the court competent for 1060 Vienna, Austria.