Legal information

General Terms and Conditions of Commitly GmbH

1. Scope

  1. These General Terms and Conditions (“Terms and Conditions”) of Commitly GmbH, FN 476463 g, commercial register court Wiener Neustadt, Dr. Clemens Pirquet-Strasse 43, 2380 Perchtoldsdorf, (“Commitly”) apply to all contracts between Commitly and the customer concerning the use of the Commitly platform accessible via the website www.commitly.com.
  2. The business relationship between the user, who can only use the Commitly software after full registration and consent to these Terms and Conditions, and Commitly is governed exclusively by the following Terms and Conditions in their version applicable at the time. The Terms and Conditions can be accessed separately by the user at https://commitly.com/legal/.
  3. At the same time as consent is given to these Terms and Conditions, the data processing agreement of Commitly GmbH pursuant to Art. 28 GDPR takes effect.
  4. Deviating terms and conditions of the user do not take effect.

2. Subject matter of the contract, conclusion of the contract and amendments

2.1. Subject matter of the contract

  1. On conclusion of the contract, Commitly grants the customer the non-exclusive and non-transferable permission, limited in time to the duration of the contract concluded by the customer with Commitly, to use the Commitly platform, which the customer accesses via the website www.commitly.com.
  2. The permission granted to the customer under the contract and the services rendered by Commitly in accordance with the contract are referred to as the “service package”.

2.2. Service package

  1. Commitly provides a web-based software solution for cash flow planning and management as well as the optional add-ons “COMMITLY Bills” (incoming invoice management) and “COMMITLY Account” and “COMMITLY Card” (account integration).
  2. Within the framework of the optional functions “COMMITLY Account” or “COMMITLY Card”, Commitly provides the customer with technical payment services via the external electronic money institution Swan SAS, 95 Avenue du Président Wilson, 93100 Montreuil, France. Swan is an electronic money institution licensed by the French financial supervisory authority (ACPR), registration number 86245. Account opening, IBAN allocation, payment processing (SEPA) and KYC identification are performed by Swan. In this, Commitly acts as a technical intermediary without offering payment services itself. The customer acknowledges that within the framework of these services he also enters into a direct contractual relationship with Swan, over which Commitly has no influence.
  3. Within the framework of an account information service, the user has the option of connecting existing bank accounts at European financial institutions to Commitly and of preparing his finances in accordance with his business requirements and, on that basis, drawing up plans for future payment flows.
  4. The user selects the bank holding the account from which the bank account is to be connected and then logs into his online banking. By registering online as a customer of Commitly and by consenting to these Terms and Conditions and to the privacy policy, the user explicitly consents to the storage of the login data by the external account information service, so that the bank accounts connected with the help of the Commitly software can always be viewed up to date. If the customer does not consent to this storage, the service package pursuant to 2.2.1 cannot be used.
  5. On logging in, an encrypted and secure connection to the user’s account-holding bank is established. This connection is made by providing an interface between the account-holding bank and Commitly through the external service provider. If the customer wishes to connect several bank accounts, he repeats the process described.
  6. Commitly points out that the transaction history of the implemented bank accounts can only be displayed to the extent that the responsible account-holding bank transmits the data to Commitly. The transmission is fully encrypted and complies with the highest security standards. The transmission is also always up to date. Commitly gives no guarantee that the account-holding bank will continue to support the application in future. Commitly depends on the transmission of the data by the account-holding banks, but has no influence on their willingness to transmit it.
  7. The nature, characteristics and configuration of the service package selected by the customer are specified as follows:
  • By registering online as a customer of Commitly.
  • By the sum of functions and services selected by the customer at the time of online registration (“edition”). Details are described on the website www.commitly.com.
  • By the optional add-ons additionally selected and activated by the customer.
  • By the term selected by the customer (see clause 3 of these Terms and Conditions).
  • By the technical performance features of the Commitly platform (see clause 6 of these Terms and Conditions).

2.3. Conclusion of the contract

  1. The contract on the use of the Commitly platform is concluded by sending the completed online registration, by the consent to the Terms and Conditions and the privacy policy required as part of the registration and by the customer’s selection of edition and term (“registration”), as well as by activation of the corresponding offer by Commitly.
  2. The customer can register for a trial phase (“free trial”). During the free trial, use of the Commitly platform in the selected edition is free of charge; in all other respects the provisions of these Terms and Conditions also apply to use during the free trial.
  3. Opening a “COMMITLY Account” with a payment function requires a successful identity check by Swan SAS. For this purpose Commitly transmits the necessary data to Swan. Processing is carried out in accordance with the GDPR. Swan may reject applications or request additional documents.

2.4. Amendment of the General Terms and Conditions

  1. Amendments to these General Terms and Conditions are communicated to the customer by email. If the customer does not object by email within four weeks, the amended General Terms and Conditions are deemed accepted for the current contractual relationship, provided that Commitly has pointed out this legal consequence in the notification of the amendment. Under the conditions set out above, the amended General Terms and Conditions apply in any case from the beginning of a term of the contract that has been automatically extended pursuant to clause 3.

3. Term and termination

  1. For all editions the customer can choose between a term of one month and one year. The monthly term is automatically extended by a further month unless one of the parties terminates it with three days’ notice to the end of the initial or extended monthly term. The annual term is automatically extended by a further year unless one of the parties terminates it with four weeks’ notice before the end of the initial or extended annual term. Termination can be effected by clicking the termination button in the user administration area of the Commitly platform (under User Profile / Account / Manage subscription) or by email. To terminate by email, the customer must use the primary email address stored for him in the Commitly platform.
  2. In good time before the expiry of the periods stated in clause 3.1 of these Terms and Conditions, the customer is reminded of the end of the term, where applicable with a note that prices will change if the term is extended.
  3. The right to terminate for good cause remains unaffected. Commitly is entitled to terminate for good cause in particular in the event of a breach by the customer of the obligations under clause 5 of these Terms and Conditions.
  4. Commitly is entitled to delete the data stored by the customer in the Commitly platform definitively – that is, irrecoverably – at the time the contract ends. Commitly carries out this deletion irrespective of the quality, nature, value and significance of this data for the customer. At the customer’s request, the deletion of the data is confirmed to him in writing by email.

4. Prices and payment options

  1. The prices announced on the website www.commitly.com for the edition and term as part of the customer’s registration and listed in the online registration apply. The prices stated are exclusive of the statutory value added tax.
  2. Payment for the service is made by means of the online payment options offered.
  3. In the event of an automatic extension of the term pursuant to clause 3.1 of these Terms and Conditions, the prices stated to the customer in the notification pursuant to clause 3.2 of these Terms and Conditions apply from the beginning of the extended term. The customer’s payment for the extended term is made in accordance with the payment method originally selected.
  4. If the customer falls into arrears with his payment obligations, Commitly can block the customer’s connection to the Commitly platform.
  5. If a customer switches during a term to a service package with a greater range of functions and/or if a customer acquires additional licences during the term, the proportionate fee payable for this is charged for the remaining term of the original service package.

5. Terms of use

  1. Commitly will continuously update, extend and/or modify the software in order to build in new functions, to respond to customer interest and feedback and (where applicable) to remedy technical errors. The customer has no claim to the maintenance of the state existing at the conclusion of the contract or at a later point in time. Commitly reserves the right to make the software available only for certain operating systems or certain versions of operating systems and to support only certain browsers.
  2. The user has no claim to the creation of a Commitly user account. Commitly may refuse or reverse the creation of a user account at any time in the case of incomplete registration or of implausible and/or incorrect information. In the latter case the user account is deleted by Commitly.
  3. During the term and subject to compliance with these Terms and Conditions, the customer has the limited right to access and use the service for internal business purposes in accordance with the edition he has selected. The customer may not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, make available on a timeshare basis, otherwise commercially exploit or make available to third parties the service and its use, with the exception of authorised users and external users for the promotion of the customer’s internal business purposes.
  4. Commitly is entitled at any time to cease providing the software and to terminate the customer’s rights of use, in particular if the customer breaches these terms of use.
  5. The customer requires a high-speed internet connection for the proper transmission of the service.
  6. With regard to the storage of data (including beyond the business relationship), Commitly’s privacy policy at https://commitly.com/legal/ applies.
  7. If it is necessary for reasons of operational or data security after weighing the interests of both sides, Commitly can temporarily block the customer’s access to the user account; the customer is informed of this by email.
  8. In accordance with the edition selected, access to and use of the service is limited to a certain number of individual users. The customer agrees and acknowledges that each user is identified by a unique combination of user name and password (“login”) and that each login may only be used by one (1) individual. The customer undertakes not to permit any use of a login by more than one person.
  9. The customer can request the deletion of his user account at any time. This is equivalent to a termination of the usage contract between the customer and Commitly.
  10. The customer is responsible for keeping his access data secret and secure. In particular, the customer must keep the password for access to his Commitly user account secret, may not pass it on, must not tolerate or enable third parties from becoming aware of it and must take all necessary measures to ensure confidentiality. If there is a suspicion that the access data is being or has been misused, the customer must notify Commitly of this without delay.

6. Technical performance features of the Commitly platform

6.1. Infrastructure

  1. The Commitly platform is operated on the basis of the highly available Amazon Web Services (AWS cloud) infrastructure. The Commitly platform is hosted within the EU.

6.2. System availability

  1. The Commitly platform is generally available 24 hours a day. Outside core hours, however, availability may be restricted due to maintenance work.

6.3. Core hours

  1. Core hours are the hours from 05:00 to 20:00 (CET/CEST) on working days (Monday – Friday). In individual cases and after timely prior notice, maintenance work may also take place within core hours.

6.4. Maintenance and maintenance windows

  1. Maintenance is generally carried out between 00:00 and 02:00 on working days or on Sundays and public holidays between 18:00 and 22:00. In the case of maintenance work outside these maintenance windows, the customer is informed of the timing, duration and scope of the work at an early stage, if possible 10 days in advance.

6.5. Security

  1. To encrypt the data of the communication with the platform, the Commitly platform uses SSL encryption in line with the current state of the art on the basis of a trustworthy public certificate. All technical components of the Commitly platform are located within a Virtual Private Cloud (VPC). Separate firewalls secure all relevant components within the VPC. The distribution across different zones (availability zones) and the associated backup strategy guarantee the highest level of data security.

7. Damages

  1. Commitly’s liability for ordinary negligence is excluded, unless mandatory statutory provisions preclude this.
  2. Commitly is not liable for indirect damage and consequential damage, damage caused by delay, lost profit or third-party claims against the customer, unless mandatory statutory provisions preclude this.
  3. The limitations of liability apply accordingly to the employees and vicarious agents of Commitly and to other third parties whom Commitly uses to perform the contract.
  4. The customer’s claims for damages against Commitly are limited in amount to the fee paid by the customer for the use of the Commitly platform, unless mandatory statutory provisions preclude this.
  5. Swan SAS alone is liable for the banking services provided by Swan, in accordance with its terms and conditions.

8. Confidentiality and data protection

  1. Commitly will treat all of the customer’s information as strictly confidential.
  2. With regard to the collection of personal data, reference is made to the separate privacy policy and to the data processing agreement pursuant to Art. 28 GDPR.

9. Choice of law and place of jurisdiction

The contract between Commitly and the customer is governed by the law of the Republic of Austria. The place of jurisdiction is, as far as legally permissible, Vienna, Austria.

10. Notifications and support

  1. All notifications by the customer that are made by email under these Terms and Conditions are to be addressed to the following email address: support@commitly.com
  2. Support requests by email are also to be addressed to the aforementioned email address.

11. Other agreements

Should individual provisions of these General Terms and Conditions be wholly or partly invalid, this does not affect the validity of the remaining terms. The parties will replace an invalid provision with a valid provision that comes closest to the intention of the parties at the conclusion of the contract and to the economic interests of both parties. The same applies if and to the extent that these General Terms and Conditions contain a gap.

(Status: 07.09.2025)

COMMITLY Terms and Conditions

20250907_AGB Commitly