Terms of Service

AirBill is a digital accounting solution developed for entrepreneurs and accountants. The software is geared towards efficiency, ease of use and clarity, so that you spend less time on administration and keep more room for other things. With AirBill you manage your financial administration easily online and have insight into your figures anytime, anywhere. Because we value transparency, in these terms of service we clearly set out what you may expect from us and what we expect from you.

1. Definitions: who do we mean?

Where these terms refer to 'you' or 'your', we mean you as a user of AirBill's online accounting software, the AirBill apps, additional AirBill services and/or the AirBill website. If the administration is registered in the name of a business, these terms refer to that business as a commercial customer.

'We', 'us' or 'our' means: Tally AI B.V., established at Schipluidenlaan 4, 1062HE Amsterdam, registered with the Chamber of Commerce under number 99443570.

2. Applicability: when do these terms apply and how can you deviate from them?

These terms apply as soon as you use AirBill (including the website and apps), and also when you obtain additional services through AirBill that relate to a separate agreement with a partner.

The agreement comes into being through (i) creating a user account, (ii) obtaining an additional service, or (iii) installing an AirBill app. You cannot transfer the agreement to another party. When you register, activate or install, we therefore ask you to agree to these terms.

AirBill always operates on the basis of these terms of service. Only if we expressly agree otherwise in writing or by email does that deviation apply.

If your AirBill administration is registered in the name of a general partnership (vof) or a professional partnership (maatschap), these terms bind all partners.

If a provision of the agreement or these terms is declared invalid by a court (null and void or voidable), the remaining provisions remain in full force.

3. Representation: who may act on behalf of your business?

The persons below may represent your business towards AirBill. In these terms we refer to them as 'Representatives':

• the director(s);
• the indirect director(s) (if the director of your business is itself a company: the director of that company);
• the partners (in a general partnership);
• the partners (in a professional partnership).

AirBill may assume that:

• each Representative is independently authorised;
• no restrictions apply to that authority; and
• each Representative may give instructions on behalf of your business.

AirBill does not have to verify this. You accept that each Representative may independently carry out actions towards AirBill. To the extent necessary, you hereby grant each Representative an irrevocable power of attorney to independently represent your business.

4. Registration: what details do we ask for and what if they are incorrect?

When you create your AirBill account, we ask you for certain details. You ensure that these details are and remain accurate and complete. Does something change? Then you update this as soon as possible in your account and/or via the management of your administration.

For some services AirBill may require additional information, such as correct SBI codes, business activities and details of ultimate beneficial owners (UBOs). Without this (mandatory) information you cannot use those services.

You may not use AirBill services for purposes that do not fit within the business activities and SBI codes that you have provided to AirBill. You must therefore inform AirBill immediately if that information changes. You also report any changes in your situation that are relevant to AirBill immediately, for example in the event of bankruptcy, suspension of payments, administration of assets, placement under guardianship or admission to the statutory debt restructuring scheme.

5. Service provision: what may you expect from AirBill (and what not)?

AirBill wants you to be able to use the service comfortably. We make every effort to keep AirBill functioning well and to improve it continuously.

Nevertheless, AirBill cannot guarantee that the service is always fully available or always works without disruptions. Nor can AirBill guarantee that the service can be used without problems on every operating system, every browser or every (mobile) device.

Sometimes it is necessary to take AirBill offline temporarily for maintenance, updates or improvements. We try to do this as much as possible outside peak times (preferably at night or at the weekend).

AirBill may adjust, expand, remove or change components. As a result, features may disappear (temporarily or permanently), or support for certain systems/devices may stop.

AirBill does its best to provide correct and up-to-date information, but cannot rule out that errors occur in calculations, overviews or reports. This may be due to a system error, but also to data that you provide. Therefore, always check the results (or have them checked) before you use them, for example for tax returns.

In blogs, knowledge base articles, examples and tips (including via support), AirBill shares general information. This is intended as support, but is no substitute for advice from an accountant, bookkeeper or tax adviser; you can therefore derive no rights from it.

Do you use bank connections, partner connections or an API? Then AirBill is only responsible for the connection on the AirBill side. AirBill has no control over your software or that of third parties, or over the systems of banks/partners. Disruptions or changes there fall outside our responsibility and liability.

6. Use of AirBill: rules of conduct, prohibited actions and your responsibility

6.1 Basic conditions for use

AirBill is intended for businesses and accountants. You may not create an account as a private individual or as an automated system ("robot"). You must also be 18 years of age or older. An account may only be created by the owner of the business or a legally authorised representative of that business. It is not permitted to open an account as an (external) representative of a business, for example as an administration office.

You may run a maximum of one business per AirBill administration. If your business has multiple trade names, those may fall under the same administration.

6.2 What is not permitted?

You may not use AirBill in a way that conflicts with these terms, the law, public order or public decency. Among other things, this means that you:

• do not use AirBill for illegal or criminal activities (such as advertising fraud, VAT fraud via fake invoices, money laundering);
• do not store any unlawful or illegal materials within the AirBill platform;
• do not send spam via AirBill;
• do not attempt to hack or circumvent security measures;
• do not publish any websites that pose as AirBill or otherwise present themselves as AirBill;
• do not place or distribute any harmful code (such as worms/viruses) via AirBill;
• do not misuse your AirBill payment account, for example as a pass-through account for funds belonging to third parties.

In addition, you may not infringe the intellectual property rights of AirBill or third parties. For example, you may not publish content from the website elsewhere without permission and you may not replicate (parts of) AirBill.

A fair-use policy applies to AirBill. In the case of use that clearly deviates from normal/reasonable use, AirBill will contact you. AirBill may in that case charge additional costs and, in extreme situations, may terminate the agreement.

6.3 Your responsibilities

You are responsible for the use of AirBill and for all actions that take place via your AirBill account, payment account or payment card. This also applies in the case of misuse. Has misuse become possible because someone used your password or security code, or because you gave others access (for example your administration office)? Then AirBill is not liable for this.

To prevent misuse, we recommend a strong, unique password and changing it regularly. You must keep your password/security code strictly personal and not share it — not even with AirBill. If AirBill finds that you have nonetheless done so, AirBill may reset your password so that you have to set a new password.

You install updates that AirBill offers as soon as possible. AirBill also offers the option to give others their own access (for example your bookkeeper), so that you do not have to share your login details.

Finally, you remain responsible yourself for tax remittance (incl. fines, interest and costs) on products and services that you pass on to customers via your AirBill account or payment account.

7. Rates: what prices apply to AirBill services?

An AirBill user account is free. Within that account you can add one or more administrations and obtain one or more packages.

At the moment AirBill offers one free package with limited functionality; this may change in the future. For additional possibilities, AirBill offers paid packages. The AirBill website lists the functionalities and the associated price for each package.

For additional services that AirBill offers via partners, you pay a fee. That fee depends on the service you use. You can find rate information on the AirBill website. Payments for these additional services are collected automatically and specified on the next invoice. If you change your package to a less extensive version, that change is applied at the end of the month.

AirBill may adjust prices (see article 10).

8. Payment: how is settlement made?

When you choose a paid AirBill package, you provide valid payment details and authorise automatic collection of the monthly amount via SEPA direct debit or credit card. If you have a payment account with AirBill, AirBill may also collect amounts directly from that payment account.

AirBill always sends you an invoice in advance for the amount that will be collected.

Your payment obligation starts as soon as you obtain the package. If, during the current subscription month, you switch to a more extensive package, you only pay the price difference pro rata for the remaining part of the month for that month.

If, in addition to the package, you obtain additional services, those costs are likewise collected automatically and specified on your next invoice. If you switch to a less extensive package, this takes effect as of the end of the month.

9. Late payment: what are the consequences?

You ensure that your payment details are up to date and that there is sufficient balance available to pay invoices. If a collection fails due to insufficient balance, AirBill will attempt to collect the amount again.

If that does not succeed, you nonetheless pay the outstanding amount within the payment term and state the reference number when doing so.

In the event of late payment, AirBill may charge statutory commercial interest and collection costs. AirBill may also temporarily block your access to (parts of) AirBill until all outstanding amounts have been paid.

In addition, AirBill has the right to dissolve the agreement, stop the service provision and block or remove (or have blocked or removed) your AirBill account, without prior notice of default. In that case AirBill is not liable for damage resulting from you no longer having access to your administration or from data having been removed.

10. Change of rates: what may AirBill do and what can you do?

AirBill may adjust its packages, services and functionalities. This may lead to rates changing or to new prices applying to additional or amended services.

When AirBill adjusts prices, we inform you at least six weeks in advance. If you do not agree with a price change, you have the right to terminate the agreement free of charge.

If you continue to use AirBill after the effective date of the amended rates, you are deemed to have agreed to the price change.

11. Breach of the terms: what are the consequences?

If you act in breach of these terms of service, you are yourself liable for the damage that results from this.

If AirBill is held liable by a third party for damage that results from your breach of these terms, you fully indemnify AirBill against that damage. This means that any claims, costs and compensation are for your account.

In such cases AirBill may — whether or not after warning — restrict your access to (parts of) the AirBill services, block or remove your account. AirBill may also do this at the request of the judicial authorities, a regulator or in response to a court ruling.

In addition, AirBill may be legally obliged to give a third party (such as a regulator or investigative authority) access to your user account.

After termination or closure of your account, you no longer have access to your administration. Loss of data as a result of this is entirely at your own risk; AirBill is not liable for this.

12. Force majeure: what if AirBill cannot deliver?

If AirBill cannot deliver its services due to force majeure, AirBill is not obliged to fulfil its obligations under the agreement for as long as that force majeure situation continues.

Force majeure includes, among other things (but not exclusively):

• the failure of AirBill's suppliers to perform;
• disruptions in power or internet facilities at AirBill, its suppliers or third parties.

If the force majeure situation lasts longer than sixty days, you have the right to terminate the agreement by closing your account. In that case AirBill is not obliged to pay any compensation.