Terms of Use

1. Parties and acceptance of the terms

1.1. These Terms govern the relationship between, on the one hand, the sole proprietor Fətəliyeva Mənsurə (VÖEN 1606038922, hereinafter the “Operator”), who provides the Ağıllı Mühasib service, and, on the other hand, the business subscribing to the service (hereinafter the “Customer”).

1.2. Operator details:

1.3. The Terms are accepted electronically when the invitation to the panel is accepted, by ticking the corresponding box. The system records the date and time of acceptance and the version of the Terms.

1.4. The person who accepts the Terms on behalf of a business confirms that they are authorised to do so.

1.5. The service is intended for business use. Only a person aged 18 or over may open a Customer account. The Customer may invite to the panel only employees aged 16 or over.

1.6. The rules for processing personal data are set out in the Privacy Policy. In case of a conflict between the Terms and the Privacy Policy, the Privacy Policy applies to personal data and these Terms apply to all other matters.

1.7. Where a separate written agreement is concluded between the Operator and the Customer, the provisions of that agreement that differ from these Terms apply. These Terms apply to matters not covered by that agreement.

2. Description of the service

2.1. Ağıllı Mühasib is a cloud-based accounting system. The Customer accesses the panel through a browser; no software needs to be installed.

2.2. The system makes it possible to manage sales, stock, expenses, customer debts, cost of goods and reports from a single panel.

2.3. The Operator determines which modules are available to the Customer in accordance with the subscription plan and the agreement with the Customer. Modules that are not enabled are not shown in the panel and can be enabled later by agreement.

2.4. Setup, migration of existing data from Excel by the Operator’s team and training of the team are included in the subscription price. After the migration, the Customer checks the balances and key figures and informs the Operator of any discrepancies.

2.5. The Operator sends the Customer payment reminders and notices about technical work, new features and security by the account email, WhatsApp and announcements in the panel. For some important announcements, the Operator may ask for confirmation that they have been read.

2.6. The Operator may develop and change the functionality of the service and discontinue individual features. Notice of at least 15 calendar days is given of any change that significantly reduces the functionality used by the Customer.

3. Account and users

3.1. The owner of the business adds their employees to the panel by email invitation, assigns them roles and may suspend their access at any time. The role determines what each user can see and change in the panel.

3.2. Each user must keep their sign-in details confidential. Sign-in details may not be given to third parties.

3.3. All operations carried out under the Customer’s account are attributed to the Customer. If there is any suspicion that sign-in details have been compromised, the Customer must inform the Operator immediately.

3.4. It is the Customer’s duty to suspend the panel access of an employee who leaves in good time.

3.5. Each business sees only its own data. The Operator’s team has no access to the Customer’s sales, expense and revenue figures. The technical access of the server administrator is governed by section 10 of the Privacy Policy.

3.6. Two-step sign-in is mandatory for the Operator’s administrator accounts. For the Customer’s users it is optional, and enabling it is recommended.

4. Subscription and payment

4.1. The subscription is monthly and is paid on the basis of an invoice. The price is set according to the size of the business and the chosen plan and is agreed with the Customer before the subscription starts.

4.2. Invoices are issued in Azerbaijani manat. Another currency may be agreed separately with Customers located outside Azerbaijan.

4.3. Payment is accepted by transfer to the bank account shown on the invoice, in cash or by card terminal. Card details do not enter the Operator’s systems. This clause will be updated when online card payment is added.

4.4. For the service provided in each calendar month, the Operator issues an electronic tax invoice in accordance with tax legislation. For this purpose the Customer provides its VÖEN and full name before the subscription starts.

4.5. Reminders are sent to the Customer before and after the payment due date, and a warning appears in their panel.

4.6. Once the payment due date has passed, a grace period of 10 (ten) calendar days is given. This period may be changed by separate agreement.

4.7. After the grace period ends, the panel may be switched to view-only mode. In this case:

• the Customer’s data is not deleted;
• viewing and exporting data remain available;
• it is not possible to create new records or change existing ones;
• the panel is restored automatically once the payment is recorded.

4.8. Notice of at least 30 calendar days is given of a price change. The change does not affect a period already paid for. If the Customer does not agree with the new price, they may stop the subscription.

4.9. The Operator reserves the right to claim the interest provided for by law for late payment.

5. Refunds

5.1. Subscription fees paid are not refunded.

5.2. Exception to this rule: if, through the fault of the Operator, the service does not work for more than 72 consecutive hours within one calendar month, at the Customer’s request the subscription fee paid for that month is refunded in full or in proportion, or the subscription is extended by that period.

5.3. If the Customer stops the subscription of their own accord during a month, no recalculation is made for the remaining days.

6. Customer data

6.1. All data that the Customer enters into the panel belongs to the Customer. The Operator does not claim ownership of this data.

6.2. The Customer may export their data in CSV format at any time. Export also remains available in view-only mode.

6.3. The Operator uses the Customer’s data only to provide the service, does not sell it and does not give it to third parties for advertising purposes.

6.4. The Operator makes a daily backup of the data. In addition, we recommend that the Customer regularly export and keep their important data.

6.5. The panel records users’ operations in an audit log. This log is used for security and for checking disputes.

7. Data relating to third parties

7.1. Where the Customer enters into the panel personal data relating to its own customers, employees and other third parties, the Customer itself is the owner of that data. The Operator acts only as an operator.

7.2. The Customer confirms and warrants that it has collected that data in accordance with the law and on the necessary legal basis, has informed those persons of the processing of the data, the purpose of the processing and their rights, and has all the legal grounds needed for this data to be stored in the system.

7.3. Remarks, demands and claims of third parties relating to this data are addressed first of all to the Customer. Where such a claim is brought against the Operator, the Customer reimburses the court and legal assistance costs incurred by the Operator, the administrative fines imposed and the damages paid.

7.4. Where a third party contacts the Operator, the Operator forwards the request to the Customer. The Customer must state its written position within 5 (five) working days. If the Customer does not respond within this period, or if the request is clearly lawful, the Operator reserves the right to restrict access to that data or to move it to the archive. This action is not considered a breach of contract by the Operator.

7.5. Where the Customer sends a debt reminder or another message to its own customers from the panel, the message is sent in the Customer’s name. The Customer is responsible for the content of the message and for obtaining the necessary consent from the recipient.

8. Accounting and tax responsibility

8.1. Ağıllı Mühasib is an accounting tool. The Operator does not give accounting, tax, legal or financial advice.

8.2. Responsibility for the accuracy, completeness and timely entry of the data entered into the system lies with the Customer.

8.3. The calculations made and the reports prepared by the system are of an auxiliary nature. Responsibility for the accuracy and timely submission of tax returns, financial statements and other official documents lies fully with the Customer.

8.4. The Operator is not responsible for decisions made on the basis of figures obtained from the system or for their consequences.

9. Prohibited use

9.1. The following are prohibited when using the service:

• using the system for activities that break the law;
• attempting to bypass the system’s security mechanisms or trying to gain unauthorised access to another business’s data;
• studying, copying or changing the system’s code, or using it for the purpose of creating a similar product;
• sharing sign-in details with third parties or reselling the service to third parties;
• sending automated requests that disrupt the system or place an excessive load on it;
• entering into the panel personal data of a sensitive category, including data about health and beliefs;
• sending harmful files through the support chat or the panel.

9.2. In case of a breach of this clause, the Operator warns the Customer and demands that the breach be remedied. In case of a serious breach that threatens the security of the system or other Customers, the Operator may suspend the account immediately without warning.

10. Availability and support

10.1. The service is provided on an “as is” basis. The Operator does not offer a guaranteed availability level (SLA).

10.2. Where possible, the Operator gives advance notice of planned technical work by an announcement in the panel or by email.

10.3. Support is provided through the “Support” section in the panel, WhatsApp, email and phone.

10.4. Support is available every day from 09:00 to 01:00 (Baku time). Requests sent outside these hours are accepted and handled during the next working hours.

10.5. Our target is to reply to requests within 24 hours. On public holidays this period may extend to 48 hours. These periods, as well as response times stated in marketing and promotional materials, are targets: they reflect the Operator’s internal work standard and do not create a contractual obligation. The Operator replies to support requests as soon as reasonably possible.

10.6. Support covers fixing errors found in the operation of the system and explanations on its use. Keeping the Customer’s accounts, filling in its documents and preparing its reports are not included in support.

11. Limitation of liability

11.1. The Operator’s total financial liability under these Terms is limited to the subscription amount actually paid by the Customer during the 3 (three) months before the date the claim arose.

11.2. The Operator is not liable for indirect damage, lost profit, loss of expected income or reputational damage.

11.3. The Operator is not liable for the following:

• malfunctions and data loss resulting from the actions of the Customer or its users;
• situations resulting from the Customer not protecting sign-in details;
• malfunctions of the internet connection, the server provider and other third-party services;
• inaccuracy of the data the Customer has entered into the system.

11.4. This section does not apply to liability that cannot be limited by law, including intentionally caused damage.

12. Intellectual property

12.1. All rights to the system’s software, source code, design, name and logo belong to the Operator.

12.2. During the subscription period, the Customer is given a non-exclusive, non-transferable right to use the system. The system itself is not sold to the Customer.

12.3. This clause does not apply to the data the Customer enters into the panel, which remains the property of the Customer.

12.4. The Customer’s suggestions and feedback on improving the service may be used by the Operator without creating any obligation.

13. Termination of the service and after cancellation

13.1. The Customer may stop the subscription at any time without giving a reason. The termination takes effect at the end of the current subscription period.

13.2. The Operator may stop the service in case of a breach of the Terms, non-payment even after the grace period, or where required by law.

13.3. After the subscription ends, the panel remains in view-only mode, data export is available and the data is not deleted automatically. When the Customer resumes payment, the panel returns to full mode with all its data.

13.4. 12 months after the subscription ends, the Operator may delete the Customer’s business data after sending a warning to the account email 30 calendar days in advance.

13.5. At the Customer’s written request, business data is deleted from the active system within 7 working days. Removal from backups takes up to 90 days.

13.6. Documents that must be kept under tax and accounting legislation, including invoices and payment documents, are kept for the period set by law regardless of these periods.

14. Changes to the Terms

14.1. The Operator may make changes to these Terms. Notice of a change is sent by the account email and in the panel.

14.2. A change takes effect 15 calendar days after the date the notice is sent. Notice of price changes is given 30 calendar days in advance.

14.3. If the Customer continues to use the service without objecting during that period, the change is deemed accepted.

14.4. If the Customer does not agree with the change, it has the right to stop the subscription and export its data before the effective date.

14.5. All previous versions of the Terms are kept in an archive with the dates during which they were in force. The Customer can see in the panel which version it accepted for its account and when.

15. Governing law, language and disputes

15.1. These Terms are governed by the legislation of the Republic of Azerbaijan.

15.2. Disputes are first resolved by negotiation. If no agreement is reached, disputes are heard by the competent court of the city of Baku.

15.3. The Azerbaijani text of the Terms is the official text. The Russian and English texts are translations, and in case of a discrepancy the Azerbaijani text applies.

15.4. Where the mandatory legal rules of the country in which the Customer is registered must be applied, those rules remain in force.

15.5. Where the service is provided to Customers registered in the European Union, additional terms are set out in a separate Annex. Until that Annex takes effect, the Operator does not provide the service to Customers located in the European Union.

15.6. The Operator may transfer its rights and obligations to a legal entity it has founded or controls. In such a case, the Customer is given 15 calendar days’ notice, the terms of the service do not change, and the new entity takes on all obligations under these Terms as they are.

15.7. Contact: contact@agillimuhasib.com, +994 10 379 92 59 or the “Support” section in the panel.