Terms & Conditions

§ 1 Scope

(1) These Terms & Conditions (hereinafter “T&C”) apply to all contractual relationships between Fabricon Design e.U., Am Anningerpark 2/1/31, 2351 Wiener Neudorf, Austria (hereinafter “Provider”) and the customer (hereinafter “Customer”) regarding the use of the cloud-based production planning software “GanttWork” (hereinafter “Software” or “Service”).

(2) These T&C apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

(3) These T&C are directed exclusively at businesses within the meaning of § 1 KSchG or § 14 BGB. The use of the Software by consumers is not intended.

§ 2 Subject Matter

(1) The subject of the contract is the provision of the cloud-based production planning software “GanttWork” as Software-as-a-Service (SaaS). The Software enables the Customer to digitally plan, control, and monitor production processes, in particular through:

• Visual production planning using interactive Gantt charts
• Management of orders, operations, and resources
• Real-time overview of production progress
• Worker terminals for recording working times and feedback
• Import and export of production data
• Multi-user access with role and permission management

(2) The Provider makes the Software available via the Internet. Access is provided through a standard web browser. No local software installation is required.

(3) The exact scope of services depends on the selected tariff (package) and the current service description on the Provider’s website.

§ 3 Contract Conclusion and Term

(1) The contract is concluded by the Customer’s registration on the Provider’s website and acceptance of these T&C. By registering, the Customer makes a binding offer to conclude a usage contract. The Provider confirms the conclusion of the contract by activating the customer account and sending a confirmation email.

(2) If the Customer takes advantage of a free trial period, it expires automatically after the period stated on the website. No automatic conversion to a paid subscription takes place without the Customer’s express consent.

(3) For paid tariffs, the minimum contract term is one (1) month for monthly billing or twelve (12) months for annual billing, in each case from the date of activation.

(4) The contract is automatically renewed for the same term unless it is terminated with thirty (30) days’ notice before the end of the respective contract term. Termination may be effected in writing, by email, or via the account management in the Software.

§ 4 Scope of Services

(1) The Provider makes the Software available to the Customer in its current version for use via the Internet. The Provider is entitled to further develop, update, and improve the Software, provided that the contractually agreed scope of functions is not materially restricted.

(2) The Provider renders the following services under the contract:

• Provision and operation of the Software on the Provider’s servers or those of its hosting partners
• Storage of data entered by the Customer
• Regular data backups
• Maintenance and updates of the Software
• Technical support by email during business hours (Mon–Fri, 09:00–17:00 CET)

(3) The Provider is entitled to carry out planned maintenance work that may result in temporary unavailability of the Software. Planned maintenance is carried out outside of normal business hours where possible and announced to the Customer at least 48 hours in advance.

§ 5 Usage Rights

(1) The Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Software for the intended purpose for the duration of the contract.

(2) The right of use encompasses access to the Software via the Internet and use of the functions included in the respective tariff for the agreed number of users.

(3) The Customer is not entitled to copy, decompile, disassemble, create derivative works of, rent, lease, or transfer the Software or parts thereof to third parties, unless this is expressly permitted by law.

(4) All rights to the Software, including all copyrights, patents, trademarks, and other intellectual property rights, remain with the Provider. The Customer does not acquire any ownership rights to the Software through the contract.

§ 6 Customer Obligations

(1) The Customer undertakes to provide truthful and complete information during registration and to update this information promptly in the event of any changes.

(2) The Customer is responsible for keeping their access credentials (username and password) confidential. The Customer must ensure that only authorised persons have access to their account. The Customer is liable for all activities carried out under their account, unless they are not responsible for the unauthorised use.

(3) The Customer undertakes to use the Software only within the framework of applicable laws and these T&C. In particular, the Customer is prohibited from:

• Using the Software for unlawful purposes
• Circumventing or manipulating the security measures of the Software
• Causing excessive loads on the server infrastructure
• Using automated access (bots, scrapers) without prior written consent
• Using the Software for purposes beyond the contractually agreed scope of use

(4) The Customer is responsible for backing up their own data, insofar as the export functions of the Software permit this. The Provider recommends regularly creating backup copies of important data.

§ 7 Availability

(1) The Provider aims for an availability of the Software of 99.5% on an annual average, based on the total time of a calendar year (24 hours / 7 days). Planned maintenance windows pursuant to § 4(3) are not included in the calculation of availability.

(2) The Provider is not liable for unavailability of the Software due to circumstances beyond its control, in particular:

• Force majeure (natural disasters, pandemics, war, etc.)
• Disruptions in the public telecommunications network
• Disruptions on the Customer’s side (e.g. faulty hardware, software conflicts, internet connection)
• DDoS attacks or other cyber attacks, provided that reasonable protective measures have been taken

(3) In the event of a material and persistent shortfall below the agreed availability, the Customer has the right to reduce the monthly fee proportionally or, if the shortfall continues for a period of more than five (5) consecutive business days, to terminate the contract on an extraordinary basis.

§ 8 Data Protection and Data Security

(1) The Provider processes personal data of the Customer and its users in accordance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Further information can be found in the Provider’s Privacy Policy.

(2) Insofar as the Provider processes personal data on behalf of the Customer in the course of contract performance, the parties shall conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

(3) Data entered by the Customer is stored exclusively on servers within the European Union. There is no transfer to third countries.

(4) The Provider takes appropriate technical and organisational measures to protect the Customer’s data against unauthorised access, loss, or destruction. The current state of the art is taken into account.

§ 9 Fees and Payment

(1) The amount of the fee is determined by the tariff chosen by the Customer according to the price list valid at the time of contract conclusion on the Provider’s website. All prices are exclusive of statutory VAT.

(2) Billing is in advance, monthly or annually, depending on the chosen billing period. Payment is due within fourteen (14) days of invoicing without deduction.

(3) Payment may be made by bank transfer, credit card, or SEPA direct debit. Additional payment methods may be indicated on the Provider’s website.

(4) If the Customer is in default of payment, the Provider is entitled to charge default interest at a rate of 9.2 percentage points above the respective base interest rate. The right to claim further damages remains reserved.

(5) The Provider reserves the right to adjust prices with a notice period of at least three (3) months before the end of the respective contract term. In this case, the Customer has a special right of termination at the time the price change takes effect.

§ 10 Liability and Warranty

(1) The Provider is liable without limitation for damages caused by intentional or grossly negligent breach of duty by the Provider, its legal representatives, or its vicarious agents.

(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the Provider’s liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

(3) Liability for slightly negligent breaches of non-essential contractual obligations is excluded.

(4) The above limitations of liability do not apply to damages arising from injury to life, body, or health, or to claims under product liability law.

(5) In cases of slight negligence, the Provider’s liability per claim is limited to the amount of the fee paid by the Customer for the last twelve (12) months.

(6) The Provider warrants that the Software substantially conforms to the respective service description. Immaterial deviations from the service description do not give rise to warranty claims. The Provider will remedy reported defects within a reasonable period. The Customer must report defects promptly after their discovery in a comprehensible form.

§ 11 Confidentiality

(1) Both parties undertake to treat all confidential information of the other party that becomes known to them in the course of the contractual relationship as confidential for an unlimited period and to use it only for the purposes of the contract.

(2) Confidential information includes, in particular, trade secrets, technical information, production data entered by the Customer into the Software, and the terms of the contract.

(3) The confidentiality obligation does not apply to information that is or becomes generally known without the receiving party being responsible; that was already known to the receiving party before disclosure; that was lawfully transmitted to the receiving party by a third party; or whose disclosure is required by law.

§ 12 Data Ownership and Return

(1) All data entered by the Customer remains the property of the Customer. The Provider does not acquire any rights to this data beyond the use required for contract performance.

(2) The Customer has the right at any time to download their data in a common format via the export functions provided in the Software.

(3) After termination of the contract, the Provider makes the Customer’s data available for export for a period of thirty (30) days. After expiry of this period, the Provider is entitled to irrevocably delete the Customer’s data, unless statutory retention obligations apply.

§ 13 Term and Termination

(1) The contract term and notice periods are governed by § 3 of these T&C.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• The Customer is in arrears with payment of at least two (2) monthly amounts despite a reminder and the setting of a reasonable grace period
• The Customer repeatedly or seriously violates their obligations under § 6 of these T&C
• Insolvency proceedings are opened against the assets of a party or the opening is refused for lack of assets
• The Provider is persistently unable to maintain the agreed availability despite the setting of a reasonable grace period

(3) Termination requires text form (email is sufficient).

(4) Upon termination of the contract, the Customer’s right of use to the Software expires. The Provider is entitled to block the Customer’s access to the Software. The provisions on data return pursuant to § 12(3) remain unaffected.

§ 14 Final Provisions

(1) Severability clause: Should any provision of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid provision shall apply that comes as close as possible to the economic purpose of the invalid provision.

(2) Applicable law: The law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of private international law.

(3) Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Wiener Neustadt, Austria, to the extent permitted by law.

(4) Written form clause: Amendments and additions to these T&C require text form. This also applies to the amendment of this written form clause itself. No oral side agreements exist.

(5) Assignment: The Customer may only assign or transfer rights and obligations under this contract to third parties with the prior written consent of the Provider.

(6) Amendment reservation: The Provider reserves the right to amend these T&C with a notice period of at least six (6) weeks. The Customer will be informed of amendments by email. If the Customer does not object to the amendments within four (4) weeks of receipt of the amendment notification in text form, the amendments shall be deemed approved. The Provider shall specifically draw the Customer’s attention to the significance of the deadline and the consequences of silence in the amendment notification.