Terms & Conditions

Last Updated: 18 November 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions govern your use of the Avantwerk software platform and any related services provided by Bennovate. By accessing or using our platform, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our services. These terms apply to all visitors, users, and others who wish to access or use the service.

2. Account Registration and Use

You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when registering and to keep this information up to date. You must notify us immediately of any unauthorized use of your account.

3. Subscription Plans, Fees, and Payment

Our services are billed on a subscription, one off and usage basis. You will be billed in advance on a recurring, periodic basis (e.g., monthly or annually). Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time, but no refunds will be provided for partial subscription periods. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.

4. Services and Acceptable Use Policy

You agree not to use the service for any unlawful purpose or to violate any laws in your jurisdiction. You shall not misuse the platform by knowingly introducing viruses, trojans, or other malicious material. You are prohibited from using the service to send spam or unsolicited messages. We reserve the right to suspend or terminate your account for any violation of this policy.

5. Intellectual Property Rights

The Avantwerk platform, its features, and all original content (excluding Customer Data) are and will remain the exclusive property of Bennovate and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Customer Data and Data Protection (GDPR)

You retain all ownership rights to your data uploaded to the platform ('Customer Data'). We will not access, view, or process Customer Data except as necessary to provide the services, or as required by law. We are committed to GDPR compliance. As a data processor, we will process personal data on your behalf in accordance with your instructions and our Data Processing Addendum, which is incorporated by reference into these terms. We implement robust technical and organizational measures to protect the security and confidentiality of your data.

7. Confidentiality

Each party agrees to treat all non-public information received from the other party as confidential. This includes, but is not to, business information, customer data, and platform technology. This obligation will not apply to information that is publicly known or becomes publicly known through no fault of the receiving party.

8. Term and Termination

These terms will remain in effect while you use the service. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms. Upon termination, your right to use the service will cease immediately.

9. Warranties and Disclaimers

The service is provided on an 'AS IS' and 'AS AVAILABLE' basis. We make no warranties, express or implied, regarding the service, including but not to its reliability, availability, or fitness for a particular purpose. We do not warrant that the service will be uninterrupted, secure, or error-free.

10. Limitation of Liability

In no event shall Bennovate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Łódź, Poland.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.