Linked Documents Terms and Conditions

Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of Linked Documents, a software product provided by AV Software, a business established in the Netherlands ("AV Software", "we", "us", or "our").

By purchasing, subscribing to, accessing, or using Linked Documents, you ("Customer" or "you") agree to these Terms.

1. Linked Documents

Linked Documents is a software product that extends Microsoft Excel with functionality for working with, linking, viewing, searching and managing documents and information associated with Excel workbooks.

Linked Documents may consist of an Excel add-in, associated online services, APIs, and other components made available by AV Software.

The Service requires compatible Microsoft products and services, including Microsoft Excel and, where applicable, a Microsoft account or Microsoft Entra ID account. Microsoft products and services are provided separately by Microsoft and are subject to Microsoft's own terms and conditions.

2. Eligibility

Linked Documents is primarily intended for professional and business use, including use by organizations, employees, sole traders, freelancers, and other individual professionals.

If you acquire Linked Documents on behalf of an organization, you represent that you have authority to accept these Terms on behalf of that organization.

Where applicable law classifies you as a consumer, nothing in these Terms excludes or restricts mandatory rights that cannot lawfully be excluded or restricted.

3. Subscription and License

Linked Documents is licensed on a per-user subscription basis.

Subject to payment of the applicable subscription fees and compliance with these Terms, AV Software grants each properly licensed user a limited, non-exclusive, non-transferable and non-sublicensable right to use Linked Documents during the applicable subscription period.

Organizations may purchase multiple user licenses and assign those licenses to authorized users in accordance with the licensing facilities provided through Microsoft.

A license may only be used by the user to whom it is assigned, except where reassignment is permitted through the applicable Microsoft licensing service.

The Customer may not sell, sublicense, rent, lease, redistribute, reverse engineer, circumvent licensing or access controls, or otherwise commercially exploit Linked Documents except as expressly permitted by applicable law or by written agreement with AV Software.

4. Microsoft Marketplace

Linked Documents subscriptions may be purchased through Microsoft Marketplace.

Where a subscription is purchased through Microsoft Marketplace, Microsoft may handle ordering, billing, payment, taxation, subscription management, license assignment, renewal, cancellation, and other transaction-related functions.

Those activities are also subject to the applicable Microsoft Marketplace terms and policies.

AV Software does not control Microsoft's Marketplace infrastructure and is not responsible for failures or delays caused solely by Microsoft's payment, licensing, Marketplace, or account-management systems.

In the event of a conflict concerning Marketplace billing or transaction mechanics, the applicable Microsoft Marketplace terms govern those aspects of the transaction.

5. Free Trial

Where offered through Microsoft Marketplace, eligible Customers may receive a 30-day free trial of Linked Documents.

As an alternative to starting the trial through Microsoft Marketplace, eligible Customers may also receive a 30-day trial period directly through the Linked Documents add-in from the authentication page.

Trial eligibility, commencement, administration, cancellation, and conversion to a paid subscription are subject to the applicable Microsoft Marketplace terms and the conditions presented to the Customer when the trial is started.

Unless otherwise stated at the time of acquisition, functionality available during a trial may be substantially the same as functionality available under the corresponding paid plan.

AV Software may impose reasonable measures to prevent repeated or abusive use of free trials.

6. Customer Accounts and License Assignment

The Customer is responsible for maintaining the security of accounts used to access Linked Documents.

Where an organization purchases multiple licenses, the organization is responsible for assigning licenses to authorized users and maintaining those assignments.

AV Software may use Microsoft identity and licensing services, including Microsoft Entra ID and Microsoft Graph, to authenticate users and determine whether a user has a valid entitlement to use Linked Documents.

A user may be denied access to licensed functionality if AV Software or Microsoft's licensing services cannot establish a valid entitlement.

7. Customer Documents and Data

The Customer retains all ownership and other rights in documents, workbooks, PDFs, data, annotations, metadata, and other content belonging to the Customer ("Customer Data").

AV Software does not acquire ownership of Customer Data through the Customer's use of Linked Documents.

The Customer grants AV Software only those limited rights to process Customer Data that are reasonably necessary to provide, maintain, secure and support Linked Documents.

Where Linked Documents stores information directly within an Excel workbook or another Customer-controlled file, that information remains part of the Customer's data.

The Customer is responsible for maintaining appropriate backups of its documents and workbooks. Linked Documents should not be treated as the sole archival or backup system for important business records.

8. Privacy and Data Protection

AV Software processes personal data in accordance with its Privacy Policy and applicable data-protection legislation.

Where AV Software processes personal data on behalf of a business Customer, additional data-processing terms may apply where required by applicable law.

The Privacy Policy will describe, among other things, the categories of personal data processed, purposes of processing, retention practices and applicable rights of data subjects.

9. Customer Responsibilities

The Customer is responsible for ensuring that its use of Linked Documents and Customer Data complies with applicable laws, regulations, contractual obligations and organizational policies.

The Customer must not use Linked Documents to:

• violate applicable law or the rights of another person;
• upload, distribute or process content without the necessary rights or authority;
• introduce malware or malicious code;
• attempt unauthorized access to Linked Documents, Microsoft services, or third-party systems;
• circumvent licensing, security, usage or access restrictions; or
• interfere with the proper operation or security of the Service.

The Customer remains responsible for determining whether Linked Documents is appropriate for its particular business, regulatory, records-management, audit, engineering, financial or other requirements.

10. Microsoft and Third-Party Services

Linked Documents depends on Microsoft technologies and may depend on other third-party services.

AV Software does not control those services and cannot guarantee their continuous availability or compatibility.

Changes made by Microsoft or another third-party provider may occasionally require AV Software to modify Linked Documents. Certain functionality may become temporarily unavailable or may need to be changed where an underlying Microsoft or third-party service changes or is discontinued.

The Customer is responsible for obtaining and maintaining Microsoft 365, Microsoft Excel, a compatible operating system, and internet access required to use Linked Documents.

11. Intellectual Property

Linked Documents, including its software, design, source code, documentation, trademarks and other proprietary materials, is owned by AV Software or its licensors and is protected by applicable intellectual-property laws.

These Terms grant a right to use Linked Documents. They do not transfer ownership of Linked Documents or its intellectual property to the Customer.

Customer Data remains owned by the Customer or its respective rights holders.

12. Updates and Changes to the Service

AV Software may provide updates, bug fixes, security improvements and new functionality to Linked Documents.

AV Software may modify the Service where reasonably necessary to improve functionality, security, compatibility or regulatory compliance.

We will seek to avoid changes that materially reduce core paid functionality during an active subscription without reasonable justification.

13. Availability and Support

AV Software will use commercially reasonable efforts to maintain the availability and proper functioning of Linked Documents.

Unless AV Software separately agrees to a service-level agreement in writing, no specific uptime or service-availability percentage is guaranteed.

Support may be provided through the support channels identified in the Linked Documents Marketplace listing, the Linked Documents documentation website or on the AV Software website.

14. Accuracy and Professional Decisions

Linked Documents is a productivity and document-management tool. It does not provide engineering, financial, accounting, audit, legal or other professional advice.

Information extracted, displayed, linked, searched or otherwise processed using Linked Documents should be verified by the Customer where accuracy is material.

The Customer remains responsible for professional judgments, calculations, approvals, reports, audit conclusions, engineering decisions and other decisions made using information handled through Linked Documents.

15. Warranties

AV Software warrants that it has the authority to provide Linked Documents and will use commercially reasonable efforts to provide the Service substantially in accordance with its published description.

Except for warranties expressly stated in these Terms and warranties that cannot lawfully be excluded, Linked Documents is provided on an "as available" basis.

AV Software does not warrant that Linked Documents will be uninterrupted or completely error-free, or that it will satisfy every Customer-specific requirement.

Nothing in this section limits statutory rights that cannot lawfully be excluded.

16. Limitation of Liability

To the maximum extent permitted by applicable law, AV Software will not be liable for indirect, incidental, consequential or special damages, or for loss of profits, revenue, business opportunities, goodwill or anticipated savings arising from the use of Linked Documents.

AV Software will not be responsible for loss resulting from the Customer's failure to maintain appropriate backups, unauthorized use of Customer accounts, or failures of Microsoft or third-party services outside AV Software's reasonable control.

For paid subscriptions, AV Software's aggregate liability arising from or relating to Linked Documents will, to the maximum extent permitted by law, be limited to the subscription fees paid or payable for the affected Customer licenses during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply where liability cannot legally be limited or excluded, including where applicable in cases of fraud, wilful misconduct, or other liability that mandatory law requires to remain unlimited.

17. Suspension

AV Software may suspend access to Linked Documents where reasonably necessary because:

• the Customer no longer has a valid license;
• the subscription has expired, been cancelled or been suspended through Microsoft Marketplace;
• the Customer materially breaches these Terms;
• use of the Service presents a material security risk;
• suspension is required by law; or
• suspension is reasonably necessary to protect AV Software, Microsoft, other customers or third parties.

Where reasonably practicable, AV Software will provide notice before suspension and an opportunity to remedy the issue.

18. Cancellation and Termination

Marketplace subscriptions may be cancelled or modified through the mechanisms provided by Microsoft, subject to the applicable Marketplace terms.

A Customer's right to use paid Linked Documents functionality ends when the applicable subscription or assigned license ends.

Termination of a subscription does not transfer ownership of Customer Data to AV Software.

Where Customer Data is stored locally in Customer-controlled Excel workbooks or other files, termination of the Linked Documents subscription does not itself delete those files. However, functionality required to access, manage or modify Linked Documents-specific information may no longer be available after the license expires.

Provisions which by their nature are intended to survive termination, including provisions concerning intellectual property, liability and governing law, will remain effective.

19. Changes to These Terms

AV Software may update these Terms from time to time to reflect changes to Linked Documents, applicable law, Microsoft Marketplace requirements or AV Software's business practices.

Where a change materially affects existing Customers' rights or obligations, AV Software will provide reasonable notice where required by applicable law.

Changes will not retroactively deprive Customers of rights already accrued.

20. Governing Law and Jurisdiction

These Terms and the contractual relationship between AV Software and the Customer are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

For business Customers, disputes arising out of or relating to these Terms or Linked Documents will be submitted to the competent courts in the Netherlands, unless otherwise agreed in writing.

If the Customer is legally considered a consumer, the choice of Dutch law does not deprive the Customer of mandatory consumer protections provided by the law that would otherwise apply to the Customer, and mandatory rules concerning consumer jurisdiction remain unaffected.

21. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly agreed between AV Software and the Customer, constitute the agreement between AV Software and the Customer concerning the use of Linked Documents.

Microsoft Marketplace terms continue to apply separately to Marketplace transactions and services provided by Microsoft.

If AV Software and a business Customer enter into a separately signed agreement concerning Linked Documents, that agreement will prevail over these Terms to the extent of any conflict.

22. Contact

Linked Documents is provided by AV Software, Netherlands.

Website: avapps.co. Email: support@avapps.co.