Subscription Terms for go AVA Applications

1. General provisions

1.1 These terms ("Subscription Terms") apply in addition to the General Terms and Conditions and form an integral part of the User Agreement. Capitalized terms that are not defined in these Subscription Terms have the meaning assigned to them in the General Terms and Conditions.

2. Usage Models, term and changes of Usage Model

2.1 go AVA offers its customers the right to use the services of the go AVA Applications through various Usage Models. The paid standard models "Basic", "Pro" and "Premium" (collectively the "Payment Plans") as well as a custom-designed plan ("Enterprise Plan") are available. For each Payment Plan as well as for the Enterprise Plan, go AVA may grant the customer a free trial period ("Free Trial") prior to commencement of the relevant Usage Model.

2.2 The Usage Model agreed upon by the parties and the specific scope of services available through that model (including the numbers of participants, course minutes, credits and numbers of authors) as well as the duration and scope of any Free Trial are set out in the respective User Agreement, into which the parties enter during the online ordering process in accordance with section 2 of the General Terms and Conditions; supplementary individual agreements may be entered into for the Enterprise Plan.

2.3 Customers enter into Payment Plans and the Enterprise Plan for the fixed term selected during each ordering process. Unless otherwise specified in the User Agreement, the term begins when the customer enters into it. This also applies to a prior Free Trial. If a prior Free Trial is agreed upon in the User Agreement, the initial term is extended by the duration of the Free Trial; in other words, the end of the term is calculated based on the start date of the respective Payment Plan or Enterprise Plan and the obligation to pay only begins from that point. Unless otherwise agreed in the User Agreement, any party may terminate the Payment Plans and the Enterprise Plan by giving one (1) month's notice prior to the end of the respective term; clause 12.3 of the General Terms and Conditions applies accordingly. If termination does not occur by the deadline, the respective User Agreement for a Payment Plan or the Enterprise Plan will be automatically extended for the originally agreed term.

2.4 For Payment Plans and the Enterprise Plan, a Free Trial may be arranged before the term of the User Agreement in accordance with the following conditions:

Unless otherwise expressly provided in the respective User Agreement, the General Terms and Conditions or these Subscription Terms, all provisions of the User Agreement – including the General Terms and Conditions and these Subscription Terms – will also apply accordingly during the Free Trial.
The Free Trial begins upon entering into the Agreement and runs for the agreed-upon period (unless otherwise specified, the Free Trial lasts for fourteen (14) calendar days). The customer may terminate the User Agreement at any time during the Free Trial. If notice of termination is given in due time, the User Agreement will end with immediate effect without the need for any further declaration. If the Agreement is not terminated in this manner, the Free Trial will end at the conclusion of the trial period and automatically transition to the fee-based Payment Plan or Enterprise Plan that the customer purchased.
The Free Trial is provided solely for evaluation purposes within the customer's own business operations and only to the extent of the Payment Plan or Enterprise Plan purchased by the customer. There is no entitlement to a Free Trial. Unless go AVA explicitly states otherwise, a Free Trial is granted no more than once per customer and per Payment Plan or Enterprise Plan; multiple Free Trials may not be combined or artificially extended.
Unless explicitly agreed otherwise, there is no entitlement to specific availability, service levels, response times or support services during the Free Trial; however, go AVA will endeavor to meet these standards to the extent possible during the Free Trial, without this giving rise to any contractual entitlement on the part of the customer.

2.5 Any change of Usage Model, including upgrades and other modifications to the Usage Model, may only be made by entering into a new User Agreement through the online ordering process or – in the case of an Enterprise Plan – through a (supplementary) individual agreement. The customer has no entitlement to change the Usage Model. The existing User Agreement will end upon the effective date of the new User Agreement only if this is expressly provided for in the new User Agreement.

2.6 This does not affect statutory rights to terminate the User Agreement without notice for good cause.

3. Fees

3.1 The fees owed by the customer are determined by the applicable Usage Model and the User Agreement entered into for that purpose.

When purchasing a Payment Plan, the customer is required to pay the fee specified in the User Agreement for the selected Usage Model ("Basic", "Pro" or "Premium").
When purchasing an Enterprise Plan, the customer is required to pay the fee individually agreed in the applicable User Agreement.
No fee is payable for a Free Trial before the term of the User Agreement.

3.2 Unless explicitly stated otherwise, all fees are net amounts in EUR plus the applicable statutory value added tax.

3.3 Unless otherwise specified in the applicable User Agreement, invoices are issued on a monthly basis. Invoices are due without deduction within 30 days of receipt of the invoice.

3.4 The customer may make a setoff against go AVA's payment claims only if the underlying claims have been finally adjudicated or are undisputed.

Notwithstanding sentences 1 and 2, where payment is made via a payment method provided by the Customer during the ordering process (in particular credit card), the agreed remuneration shall be charged to the stored payment method at the beginning of the respective billing period; where a preceding Free Trial has been agreed, the first charge shall be made on the first day following expiry of the Free Trial. The amount, frequency and timing of the charges, as well as the date of the first charge following expiry of a Free Trial, shall be displayed to the Customer during the ordering process prior to placing the order. The Customer shall receive an invoice or a receipt in text form for each charge.

4. Termination and Refunds {#refund}

4.1 Notice of termination may be given at any time, subject to the applicable notice periods, (i) via the cancellation function in the Customer’s user account or (ii) in text form, in particular by e-mail to goEducation@goAVA.ai. The date by which ordinary notice of termination may be given with effect from the end of the current contract term shall be displayed to the Customer during the ordering process prior to placing the order as well as in the user account.

4.2 In the event of ordinary termination, the Customer’s access to the go AVA applications shall remain in place until the end of the respective contract term; the obligation to pay the remuneration for the current contract term shall remain unaffected by the termination.

4.3 Remuneration already paid shall not be refunded, in whole or in part; this shall apply in particular in the event of ordinary termination prior to the expiry of the respective contract term. No charges shall be incurred by the Customer during a Free Trial; if the Customer terminates the user agreement by the end of the Free Trial, no costs shall be incurred.

4.4 The right of both parties to extraordinary termination for good cause as well as the Customer’s statutory rights, in particular statutory warranty rights, shall remain unaffected. If the Customer justifiably terminates the user agreement extraordinarily for good cause attributable to go AVA, go AVA shall refund to the Customer, on a pro-rata basis, remuneration already paid for service periods after the termination takes effect.