Performance period, termination and place of performance

Demo access can be granted for a period of two months within 5 working days of a written request via our website. However, we reserve the right to refuse demo access. We are also entitled to terminate the demo access without giving reasons or observing a period of notice. One week before the end of the trial period, the customer will receive an e-mail notification informing them that their data will be deleted at the end of the trial period. At the end of the two-month trial period, the demo account and all data entered and created by the customer will be deleted automatically and without further notice. A transfer of data that the customer has created with the demo account is not intended and also not possible (e.g. from the demo account to a customer account).

The place of performance for all services in connection with the demo access is Graz. If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of contractual rights can only be made in writing by letter, e-mail or via the secure online administration area, insofar as this option is available. In the case of a transfer by letter or fax, the previous and new contractual partner must sign by hand.

Data security, network availability

The customer receives a user ID and a corresponding password in accordance with his application for demo access. He is obliged to treat these confidentially and is liable for any misuse resulting from unauthorized use of the respective password. If the customer becomes aware that a password is known to unauthorized third parties, he must inform us immediately. If, due to the customer’s fault, third parties use our services by misusing the passwords, the customer shall be liable to us for usage fees and damages. In the event of suspicion, the customer therefore has the option of requesting a new password, which we will then send to the customer.

One week before the end of the trial period, the customer will receive an e-mail notification informing them that their data will be deleted at the end of the trial period. At the end of the two-month trial period, the demo account and all data entered and created by the customer will be deleted automatically and without further notice.

The data entered by the customer via the demo access is not backed up and the customer has no right to do so. In the event of data loss, the customer shall be solely responsible and, if necessary, obliged to transmit the data in question again free of charge for recovery at a charge.

We do not assume any warranty for the network availability or infrastructure of our servers within the scope of demo access. If the security of our servers, network operation or the maintenance of network integrity is at risk, we may restrict or block access to the services temporarily or permanently as required without giving reasons.

To use the iPROT services as part of the demo access, the customer must ensure that a broadband network connection to the database is available at all times.

Data protection

Our data protection practices comply with the applicable laws in Austria. The customer’s personal data is only collected and used insofar as it is necessary for the establishment, content or amendment of the contractual relationship.

The customer undertakes to keep this data in his online administration area up to date at all times. We only use the customer’s e-mail address for information letters on demo access or orders, for invoices and, unless the customer objects, for customer care and for our own newsletters.

We do not pass on any personal customer data to third parties. Excluded from this are service partners, insofar as this is necessary for determining the fee and for billing the customer.

The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If statutory or contractual retention obligations or other legal reasons prevent deletion, the data will be blocked.

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In our data protection declaration and agreement, we inform you about the most important aspects of data processing within the scope of our website and our online offering. If you contact us using the form on the website or by e-mail, the data you provide will be stored by us for at least six months for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent. By ordering an iPROT demo account, you also agree to our privacy policy and agreement.

Published content

The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. We are not obliged to check the content of our customers.

The posting of erotic, pornographic, extremist or immoral content is not permitted. We are entitled to block the customer’s access in the event that this is violated. The same applies in the event that the customer publishes content that is likely to offend the honor of third parties, insult or denigrate persons or groups of persons. This also applies in the event that there is no actual legal entitlement.

The sending of spam mails is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In the event of non-compliance, we are entitled to block access.

Liability

We accept no liability for direct or indirect damage, consequential damage or loss of profit due to technical problems and malfunctions in connection with demo access.

This also applies in all cases of personal injury and in the context of product liability. If the customer violates the provisions set out in clause 1 with the content published by him. If the user violates any of the obligations mentioned in the published content, in particular legal prohibitions or common decency, he shall be liable to us for compensation for all direct and indirect damages arising therefrom, including financial losses.

In addition, the customer undertakes to indemnify us against claims by third parties – of any kind whatsoever – resulting from the illegality of content posted on the Internet. The indemnification obligation also includes the obligation to fully indemnify us from legal defense costs (e.g. court and attorney’s fees).

The customer is entitled to grant third parties access authorization to its commissioned services (= iPROT demo access). In this case, the customer nevertheless remains the sole contractual partner. The customer shall continue to be solely and fully liable for compliance with the contractual agreements between the customer and us. If the cooperation of the third party is required for changes of any kind, the customer shall ensure that all legal and contractual provisions are complied with when granting access authorization. If the third party violates the contractual obligations or does not fulfil the obligation to cooperate, if the data provided by the third party is incorrect or incomplete or if other problems arise with the granting of access authorization, the customer shall be fully liable for all resulting damages and shall also indemnify us against all claims made against us by the third party or others.

Costs

Use of the iPROT services as part of the demo access is free of charge for a period of two months until further notice.

Final provisions and severability clause

These General Terms and Conditions and the contractual relationship between us and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

The exclusive, also international, place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Graz, even if the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer has no general place of jurisdiction in Austria or if the customer’s place of residence, place of business or habitual abode is unknown at the time the action is brought. In all cases, however, we are entitled to sue at the customer’s place of business. Overriding statutory provisions, in particular regarding exclusive responsibilities, remain unaffected.

Should any provision be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if and insofar as a loophole is found in this contract. The invalid or unenforceable provision shall be replaced by an appropriate provision which, as far as legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, had they considered this point.