GENERAL TERMS AND CONDITIONS

§ 1 GENERAL

1.1 SOLAFLEX is a Digital Measurement System provided by Solaflex GmbH (hereinafter referred to as: the Provider). The Provider operates and offers this Digital Measurement System as a closed software platform to structure and digitise measurement processes. It can be used via an app and the web portal ‘MySolaflex’ (hereinafter also referred to as ‘the system’).

1.2 These terms and conditions shall apply to the use of the system with all its content, functions, services (e.g. creating sketches, joint grids, project and drawing management, etc.) and its accessories (e.g. RX5 Digital Tape, ZX0 Centring Aid, etc.) as well as to all contracts concluded in the context of using the system, between the Users of the system (hereinafter: Users) and the Provider.

1.3 These Terms and Conditions shall exclusively apply in the version valid at the time of the conclusion of the respective contract. The User’s Terms and Conditions do not apply to this contractual relationship. The User accepts these Terms and Conditions by registering on the system. The Provider reserves the right to offer additional services, incl. services from third-party Providers, and further applications on the system. Additional Terms and Conditions may apply to specific applications within the system. However, the User will be notified about such additional Terms and Conditions prior to use.

§ 2 REGISTRATION

2.1 In order to be able to use the system, the User shall register on the system and create an account. The User shall provide correct and complete data when registering. If the data provided by the User during registration changes, the User is responsible to change it on the account. The Provider reserves the right to check the accuracy of the data provided. In the even that incorrect data is inserted or the insertion of incorrect data is suspected, the Provider is authorised to restrict or block a User’s access to their account.

2.2 By registering, the User concludes a contract with the Provider for the use of the system. Registration is open to both private and legal persons. By registering and setting up the account, the User receives a user-licence for free functions; the User can also use the system’s fee-based services by paying the required costs. If an attempt is made to use one of the fee-required functions, a message appears stating that a user-licence is required.

2.3 An account can only be created by one User, whereby the acquired licence for chargeable functions is either a) activated by means of a code or b) purchased directly via the app shop. The licence is only valid for one registered User at a time, although this User can create a group (a company) and subsequently invite or add further Users to the group. The User may not transfer his/her account and all rights associated with the use – in particular rights of availability and authorisations to use of works – to third parties. The acquired licence for chargeable functions is valid for one year and can be extended one year at a time.

2.4 The User is obliged to treat the access data to his account confidentially and may not pass it on to third parties. The User shall be liable to the Provider for any misuse of his account by third parties, insofar as they can be accused of being at fault.

§ 3 CHARGEABLE FUNCTIONS

3.1 A separate fee must be paid for the use of chargeable functions, to which the User is informed accordingly. The amount of the fee will be communicated to the User before the respective service is ordered. By clicking on the button ‘Order with obligation to pay’ (or similar) for the respective service, the User submits a binding offer to the Provider to purchase the service.

3.2 The contract is concluded when the Provider informs the User that the offer was accepted and an activation code is made available to the User (e.g. by transmitting it in the system or on a leaflet in an analogue measurement set). Renewals do not require the entry of an activation code.

3.3 The prices stated for the respective service on the system (‘usage fees’) shall apply. The prices are to be understood as an annual usage fee plus VAT. The User can choose between different payment methods for the relevant service in the order process. The payment process depends on the selected payment method.

3.4 The order confirmation is sent to the User by e-mail and can be reviewed online after the payment has been processed.

3.5 The following contract withdrawal provisions do not apply in the case of activation codes made available in analogue form (e.g. on the instruction leaflet in a purchased analogue measurement set), however they apply in cases of online orders.
The following right of withdrawal applies to the purchase of digital content and not for data contents stored on a physical data carrier by Consumers in accordance with § 11 para. 2 no. 3 FAGG (The Act on Distance Contracts and Off-Premises Contracts):

3.5.1 Consumers in terms of the FAGG have the right to withdraw from this contract within 14 days without giving reasons. The Provider shall only provide the service or make the digital content available after the 14-day withdrawal period has expired, unless the customer does expressly request that the service or digital content be provided or made available before the cancellation period expires. The customer acknowledges that in the event of withdrawal within the 14 days period, the customer must pay an amount which, in comparison to the contractually agreed total price, corresponds proportionately to the services provided by the Provider up to the cancellation date. If the Provider has already provided all agreed services in full, the customer shall no longer be entitled to cancel the contract (Section 18 (1) (1) FAGG).

3.5.2 To exercise the right of withdrawal, Consumers must notify the Provider of the decision of withdrawal by unequivocal statement (e.g. a letter sent by post or email).

3.5.3 In order to comply with the withdrawal period, it is sufficient for the Consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period, which is 14 days.

3.5.4 If the Consumer withdraws from this contract, the supplier shall reimburse all costs received without delay, at the latest within fourteen days of the day on which the supplier receives notification of the withdrawal of this contract. For this repayment, the supplier shall use the same payment method used for the original transaction, unless expressly wished otherwise by the Consumer. In no case shall the Consumer be charged any fees for this repayment.

3.5.5 The Consumer acknowledges that the right of withdrawal from this contract, is lost when agreeing to the supplier fulfilling this contract (during conclusion of contract), before the expiry of the cancellation period.

§ 4 LICENCE OF USE

4.1 Due to licensing and other legal laws in various countries the Provider may limit access to certain content on the system. Hence, it may be possible that some content is only accessible from countries authorised by the Provider.

4.2 Without exception, the Provider shall grant user-licences and exploitation authorisations exclusively for using the system. Utilisation outside the system is not permitted unless this involves data records generated by the User himself (e.g. measurement data). The following licence to use content (e.g. images, graphics, texts, videos), functions and services offered on the system is acquired:

4.2.1 The User may access all content, functions and services (for example e-learning content in video tutorials) on the system, which are accessible to the user account (§ 2.1), for the duration of the licence in use (cf. § 2.2 and § 2.3) exclusively within the limits of the system and authentically (which means unchanged), in the manner technically intended for the system (for example the right of reproduction within Section § 15 UrhG), such as the downloading of files, or the simultaneous transmission and playback of video and/or audio data (‘streaming media’).

4.2.2 A separate agreement with the Provider or the respective third-party Provider is required for any additional types of use desired.

4.2.3 Users are granted only a non-exclusive, non-transferable, non-sublicensable, and geographically limited right of use, restricted to the countries where the service is available and where usage is permitted under the respective applicable legal provisions. The content may only be used within the contractually agreed conditions and for personal use, while complying with all further provisions of the contractual relationship. It is the responsibility of the user to inform themselves about the applicable laws of their country or region.

4.3 The User acknowledges that the content, functions and services (for example video tutorials) offered on the system may change without prior notice.

4.4 Further the User acknowledges that all data, services and functions provided, solely be used in direct connection with the system. It is strictly forbidden to transfer this data to other applications and online services or suchlike, via interfaces or to make it accessible to the public in any other way. Specifically, the User is prohibited from utilizing system-related data of other Users or merge it with other data to create their own offers (e.g. apps) with an extended range of functions. All content made available to the User is legally protected, in particular by copyright act and ancillary copyrights.

4.5 In particular, the User is not authorised to edit the content in any way, distribute it or make it publicly accessible, make it publicly available, reproduce it, show it publicly, make it publicly perceptible or to utilise it in any other way – whether commercially or non-commercially.

4.6 Users who upload content or files to the system (‘upload’) and make them available to others must comply with all laws and other legal provisions. In particular, no content, such as data, images, graphics, texts, films (videos) or links, may be uploaded or distributed that violate the rights of third parties, in particular third-party property rights such as copyrights, or violates other legal provisions. Everyone is responsible for their own files and the content posted on the system. The Provider does not check uploaded data for viruses or it’s processability by viruses, nor does it check the content made available for its legality or accuracy.

4.7 Before uploading any file, a User must ensure that they are entitled to the rights of use required for the system for the relevant content (e.g. data, notes, graphics, texts, photos or videos), functions and services and that making them publicly accessible does not violate legal regulations, public decency and/or the rights of third parties. In particular, it is prohibited to upload or publicise files with illegal content or representations or to communicate in this sense. Photos, videos or images with persons may only be uploaded to the system if the written consent of these persons has been obtained.

4.8 The Provider is authorised to remove files and content posted without prior notice if and insofar as there are concrete indications that the publication on the system violates legal regulations, public decency and/or the rights of third parties.

§ 5 TECHNICAL REQUIREMENTS

5.1 Internet access is required to use the system. The app is only available for iOS (Apple) and Android (Google). The ‘MySolaflex’ web portal can be accessed with any modern browser.

5.2 The Provider reserves the right to temporarily discontinue the system at any time. The User acknowledges that interruptions to the system may occur for technical reasons (e.g. when installing updates, during maintenance work, etc.). No legal claims can occur for the User from the temporary interruption or the partial or complete cancelation of the system.

§ 6 TERMINATION OF THE USER-LICENCE

6.1 The User has the right to delete his User account at any time.

6.2 If the User breaches this Agreement or applicable law, the Provider shall be entitled to terminate access to the system with immediate effect without prior notice and without observing a notice period and to immediately deactivate or delete the User Account and all information and files in the account and/or block any further access to these files or the system.

6.3 Outstanding receivables of the Provider remain unaffected by the cancellation of the User account.

6.4 The User recognises that the Provider is not liable to the User or third parties for the interruption or discontinuation of the system or the termination of the User’s access to the system.

§ 7 LIABILITY

7.1 With the exception of damage to persons, the Provider shall only be liable for itself or its authorised agents in cases of deliberate act or gross negligence. This limitation of liability applies to contractual and non-contractual claims. Liability based on mandatory statutory provisions remains unaffected.

7.2 The Provider cannot guarantee that access to the system will be possible at all times without interruption and without errors.

7.3 The User is responsible for regularly updating the software and creating data backups, as well as up-to-date virus protection and firewall systems.

7.4 The Provider does not guarantee universal usability of the available content, with any technology used by the User. If the content is not playable, available or incomplete (even with the standard software) the Provider asks to be notified.

§ 8 DATA PROTECTION

8.1 Data processing is carried out in accordance with the conditions set out in the Provider’s privacy policy. You can access them through this link Data protection and information on cookies – Solaflex and save it as a PDF.

8.2 If the user has purchased hardware from one of the provider’s business partners, the user’s email address may be shared with that partner to allow them to send relevant information directly to the user.

§ 9 AMENDMENT OF THE TERMS AND CONDITIONS

9.1 The Provider reserves the right to amend these Terms and Conditions at any time. However, the Provider shall inform all Users in advance of any changes. If a User does not agree to the new Terms and Conditions, their account will be deleted at the end of the three-month cancellation period.

9.2 From the date of their announcement, the new Terms and Conditions shall replace the old version and shall form the basis of all newly concluded contracts.

§ 10 PLACE OF FULFILMENT AND JURISDICTION

10.1 These Terms and Conditions and all concluded contracts on their basis are subject to Austrian law, excluding international conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

10.2 The exclusive place of jurisdiction is Feldkirch in Austria, unless the applicable Consumer protection provisions for Consumer transactions provide otherwise.

§ 11 FINAL PROVISIONS

11.1 These Terms and Conditions and all concluded contracts on their basis, may only be amended or replaced in writing. Should any provision of the Terms and Conditions be or become invalid and/or incomplete, the invalid provision shall be replaced by a legally valid provision that comes as close as possible to the economic effect of the invalid provision. If individual provisions of these Terms and Conditions are not in accordance with mandatory statutory provisions, this shall not affect the remaining provisions of these Terms and Conditions.

11.2 Verbal agreements must be confirmed in writing in order to be valid.