General terms and conditions for the use of acceptify

1. General

1. acceptify GmbH (\"acceptify\") provides software and services (hereinafter collectively \"Services\") under *acceptify.at. With the acceptance of the GTCs, the currently valid GTCs become effective.

2. In the event of changes to the GTCs, you will be asked to agree again. As long as you are not requested to do so, the already accepted GTCs apply. The most current version of the GTCs can be viewed at https://acceptify.at/en/terms .

3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

4. acceptify retains all copyright and other rights in the Services. You may not remove, obscure, or alter any legal notices (e.g., copyright or trademark notices). You may not use acceptify's trademark for your own purposes.

5. If you violate the terms of this Agreement, acceptify may terminate your account or access to the Services.

6. These TOS constitute the entire agreement between you and acceptify and supersede all prior agreements under this heading. There are no oral side agreements.

7. You agree to be notified by acceptify by email of any changes to these TOS and of any new features or changes to the Services.

8. Austrian law applies in any case, regardless of your location. The place of jurisdiction is Graz, Austria.

2. Performance of services by acceptify

1. acceptify does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results obtained from the use of the Services will be accurate and reliable, (iv) any errors in the Services will be corrected.

2. acceptify shall not be liable for any direct or indirect damages of any kind resulting from: (i) the use of or inability to use the Services; (ii) modifications to the Services; (iii) permanent and temporary unavailability of the Services; (iv) unavailability or improper availability of data processed by the Services; (v) or other causes related to the Services.

3. acceptify provides technical support on a \"best effort\" basis and via email only. acceptify does not guarantee the availability of technical support.

4. For support and in particular the introduction of our Services into your organization, acceptify offers optional training and consulting packages.

5. acceptify has the right at any time to discontinue, remove, or modify the Services (or any part thereof), or to add new Services, permanently or temporarily. Such changes will automatically be subject to these Terms. Your continued use of the Services following such changes constitutes your tacit acceptance of the changes.

6. acceptify is entitled to store the data entered by the user in the course of using the services and the data generated thereby and attributable to the user for further processing. The responsibility for the permissibility of the collection and correctness of the data as well as the maintenance of confidentiality vis-à-vis involved persons (e.g. participants in surveys) lies with the user. In addition, the user bears sole responsibility for stored content that is subject to licensing (e.g., fonts and images).

3. Your use of the services

1. You agree to use the Services only in accordance with (i) these Terms and (ii) the regulations and legislation relevant to you.

2. For some services (or parts thereof) acceptify may require or optionally offer registration for a user account. You are required to accurately and truthfully complete and keep current all information required as part of any registration. You are also responsible for maintaining the security of your password. You are not permitted to create accounts in an automated manner.

3. For some services, acceptify allows you to configure a personal profile picture. You are responsible for ensuring that your profile picture is not abusive, does not infringe any copyright or trademark or other rights, and is not offensive to other acceptify users.

4. You may not impersonate any other person on acceptify.

5. You agree not to intentionally interfere with or disrupt the Services in any way.

6. You agree not to reproduce, copy, sell or trade the Services for any purpose. There is a distribution partnership option for this purpose.

7. You agree to acceptify's privacy policy. This can be viewed at https://acceptify.at/en/terms#privacy .

8. acceptify reserves the right (but is not obligated) to review, filter, modify, reject or delete any content or accounts within the Services. You acknowledge that by using acceptify, you may be exposed to data that is offensive, indecent or otherwise objectionable.

4 Advertising

1. Some services are already or will be financed by advertisements. The display of these advertisements may be controlled by the information generated by the use of the Services.

2. You agree that acceptify may display advertisements.

3. The type and amount of advertising can be changed at any time.

4. If you use a free service, you must not block the ads.

5. Paid services

The use of any of the paid acceptify offered acceptify paid subscriptions are subject to these TOS and the following specific terms:

1. Chargeable acceptify will be charged in advance. Any refund is excluded. Refund is explicitly excluded also in the following cases: Failure of the services during the subscription period, downgrade, partial use of the services, change of functionality.

2. All subscriptions are automatically renewed unless cancelled in writing before the end of the current subscription period.

3. Cancellation: You may cancel your subscription at any time by sending an informal letter to vertrieb@acceptify.at. Your subscription will remain active until the end of the subscription period.

4. Excessive use and abuse of paid acceptify may result in temporary or permanent suspension of access. Acceptify will be the sole judge of when usage is abusive or excessive..

5. When you subscribe to paid acceptify, you opt in to a certain number of approved users. This is the number of users who can participate in currently active consensuses of their organization. A user is identified by their email address. If a person uses multiple different email addresses to set up consensuses on acceptify, each different email address is considered a separate user. If a user does not use an email address, they will be counted in each consensus in which they participate. You are responsible for upgrading to a higher subscription level if the maximum number of users is exceeded.

6. acceptify reserves the right to block a user account permanently or temporarily if these terms are violated. Acceptify shall be the sole judge of when a violation has occurred. If a user account is blocked, acceptify will notify the owner of the user account of the blocking via e-mail.

7. A paid acceptify is always associated with a user account. acceptify always communicates via the e-mail address stored in the relevant user account. You are responsible for keeping the e-mail address up to date.

8. acceptify reserves the right to change the prices of all services at any time. However, price changes will not affect current subscriptions or contracts but will only take effect at the next contract or subscription renewal.

Data protection and personal responsibility

Privacy policy

Except for your e-mail address, we do not collect or store any personal data.

The legality of this storage and processing is given according to DSGVO Art. 6 (1): As you can see from the reasons for the storage from the enumeration below, it is exclusively used to ensure the proper quality of the services expected from them (consensuses in which you participate or sending of the newsletter).

The e-mail address is stored,

1. in order to at least make it more difficult for the same person to participate in the same consensus. If you do not want to enter your e-mail address for a consensus and this is required for this consensus, you will not be able to participate. Your e-mail address stored for this reason will be deleted 14 days after the expiration date of the consensus.
2. if you create a profile as a MeinSK user: to make multiple registrations of the same person at least more difficult. You cannot register as a MeinSK user without providing an e-mail address. Your e-mail address, which was stored for this reason, will be deleted when you delete the profile entry. This also allows you to exercise your right of withdrawal at any time.
3. to be able to send you the newsletter, if you request it. We cannot send you a newsletter if you do not provide an e-mail address. Your e-mail address, which was saved to your user, will be deleted again when you delete the user. This also allows you to exercise your right of withdrawal at any time.