General Terms and Conditions (GTC)
of
Acua Technology GmbH, Nordwestbahnstraße 29/GL, 1020 Vienna, Austria, Commercial Register No. FN 488645x, VAT No. ATU73172167
for the use of the software solution "robomaintainer."
Scope
These General Terms and Conditions (GTC) apply to all business relationships between Acua Technology GmbH (hereinafter referred to as "Provider") and users of "robomaintainer" or "RoboMaintainer." RoboMaintainer is a solution for automating WordPress plugin updates and detecting visual changes.
Conclusion of Contract, Contract Duration
The contract is established when the necessary access data or API key is provided by the Provider.
The contract automatically ends after the booked term, unless the user opts for an unlimited duration or a subscription. In the case of a subscription, the contract is automatically renewed for another period unless the user cancels it 30 days before it expires. Cancellation must be made in writing via email or through the relevant functions in the software.
Payment
The user can choose between three payment options: one-year use without automatic renewal, payment with automatic renewal (subscription), and unlimited use.
The Provider reserves the right to change or terminate the payment terms at any time. The Provider also reserves the right to terminate the contract at any time with immediate effect. In the event of termination by the Provider, any fees already paid will be refunded proportionately to the actual period of use.
Service Availability
The Provider delivers the service on a "best effort" basis. Guaranteed availability is not assured.
In the event of force majeure or circumstances beyond the Provider's control, the Provider is released from providing the service.
Service Delivery, Support
Services are provided within the technical and operational capabilities of the Provider. Support is provided on a "best effort" basis and can be accessed via email, ticket system, or phone.
Updates
The Provider, at its discretion, provides updates to improve the software or adapt to changed conditions.
Prohibited Uses
The user agrees to use the software only within the scope of normal usage and to refrain from any abusive or illegal activities.
User Obligations, Cooperation, Reference
The user is obliged to take all necessary measures to ensure the proper use of the software and to assist the Provider in troubleshooting.
The user agrees that RoboMaintainer may use the user's company name and logo as a reference on its website, in correspondence, or in social media posts. Consent can be withdrawn at any time without providing reasons. A short written notice via email is sufficient for withdrawal.
Liability
Acua Technology is only liable for demonstrably caused damages in cases of gross negligence or intent. This also applies to damages caused by third parties engaged by the Provider. In the case of personal injury, the Provider is liable without limitation.
Liability for indirect damages—such as lost profits, costs associated with business interruption, data loss, or third-party claims—is expressly excluded.
Claims for damages expire according to statutory regulations but no later than one year after becoming aware of the damage and the responsible party.
If the Provider renders the service with the help of third parties and warranty and/or liability claims arise in this context, the Provider assigns these claims to the user.
If data backup is expressly agreed as a service, the liability for data loss deviates from point 9.2 and is limited to a maximum of EUR 10% of the order amount per damage case, but not exceeding EUR 5,000. Other warranty or damage claims—regardless of the legal basis—are excluded.
The Provider is not liable for disruptions to the telecommunications infrastructure, including telephone lines.
Provider's Copyrights, Licenses
The Provider retains all copyrights to the software.
Data Protection
The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information, please refer to the Privacy Policy.
Accessibility Act (BaFG)
The solution has not yet been tested for accessibility. It is planned to conduct this assessment by the end of the transition period and to implement appropriate recommendations.
Mediation
In the event of disputes, the parties agree to attempt mediation before taking legal action.
Translations, Order of Precedence
In the event of discrepancies or inconsistencies between the German version of these General Terms and Conditions (GTC) and any translated version, the German version is binding and takes precedence. The German version serves as the reference in case of interpretation issues.
Jurisdiction, Applicable Law, Severability Clause
The place of jurisdiction is Vienna, Austria. Austrian law applies, excluding the UN Sales Convention.
Should any provisions of these GTC be invalid, this does not affect the validity of the remaining provisions. The invalid provision will be replaced by a valid regulation that comes closest to the economic purpose of the invalid provision.
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Last updated: August 28, 2024