General Terms and Conditions

DIE ANTWORT Büro für Informationstechnik GmbH

1. General information

  • 1.1.DIE ANTWORT Büro für Informationstechnik GmbH, FN 315384a, Obere Weißgerberstraße 4, 1030 Vienna, Austria (“DIE ANTWORT”) provides the Software as a Service “EuroPDF”, by means of which documents in HTML format are converted into PDF documents (“online platform”).

2. Contractual basis and applicable law

  • 2.1. These General Terms and Conditions (“GTC”) apply to all current and future services provided by DIE ANTWORT to its respective contractual partner (“User”) via the use of the online platform. The user acknowledges the GTC and agrees to them by expressly accepting them during registration (see point 3.). These GTC shall thus become binding and shall apply in the version that existed at the time of the respective conclusion of the contract or at the time of the respective extension of the contract (cf. point 4.4.). They are binding even if no explicit reference is made to them.

  • 2.2. Any terms and conditions of the user that contradict or supplement the GTC of DIE ANTWORT are expressly and fully rejected; the user’s terms and conditions therefore do not apply even if DIE ANTWORT has not separately objected to their validity in individual cases or if reference is made by DIE ANTWORT to an e-mail or other letter that contains or refers to the terms and conditions of the user or a third party. The user’s terms and conditions therefore do not apply even if DIE ANTWORT permits the use of the online platform without reservation in the knowledge that terms and conditions conflict with or deviate from these GTC. The user’s terms and conditions therefore only apply if and to the extent that DIE ANTWORT expressly agrees to them in writing.

  • 2.3. DIE ANTWORT reserves the right to unilaterally amend these GTC for future use of the online platform or the conclusion of contracts at any time; the GTC of DIE ANTWORT shall therefore apply in the version valid at the time of the respective use of the online platform or the respective conclusion of the contract.

  • 2.4. Verbal agreements and all other declarations, in particular collateral agreements and amendments to the terms of use or contract or the GTC must be made in writing to be effective. This also applies to the amendment, supplementation or revocation of the written form requirement.

3. Registration, access data

  • 3.1. The contractual relationship between DIE ANTWORT and the customer for the use of the online platform can take place via the website of EuroPDF (“Self-Service Contracts”) or, at DIE ANTWORT’s discretion, with certain customers in direct contact (“Enterprise Contracts”).

  • 3.2. To use the online platform, the user must register in advance on the website (“account”).

  • 3.3. The registration comprises the entry of customer data (registration page) and acceptance of these terms and conditions, which can be saved and printed out. The data entered by the user is displayed again on the confirmation page and can be corrected there by the user before the user sends his registration. The user will immediately receive an automatically generated e-mail from DIE ANTWORT confirming their registration.

  • 3.4. Accounts registered by “bots” or other automated methods are not permitted.

  • 3.5. Users can view the data they entered during registration or subsequently changed at any time via their account.

  • 3.6. In any case, the user must provide true and complete information, in particular with regard to name or company name, date of birth or company register number, e-mail and postal address. DIE ANTWORT is free to refuse registrations and/or delete accounts. In addition, the user must update their data immediately if they change.

  • 3.7. The creation of more than one account per natural person or company (legal entity or partnership) requires the express consent of DIE ANTWORT.

  • 3.8. The user is responsible for all activities that take place under their account. In particular, the user is obliged to prevent unauthorized access and is therefore responsible for any misuse of the online platform – regardless of fault. The user acknowledges that DIE ANTWORT is entitled to temporarily block or irretrievably delete the account and thus to immediately discontinue the use of the online platform upon discovery of any use contrary to the agreement, even if the user is not at fault. Regardless of culpability, he guarantees that neither persons without legal capacity nor other unauthorized third parties use the online platform within his sphere.

4. Conclusion of contract

  • 4.1. All prices, subscription periods, descriptions and the presentation during the order process for self-service contracts, as well as all advertising communication by DIE ANTWORT – in particular on the website and the online platform – are merely an invitation to the user to place an order and are non-binding.

  • 4.2. Self-service contracts are limited in time (“subscription”). A subscription is concluded via the online platform by the user selecting a subscription model and confirming this selection by clicking on “PLACE ORDER”. By clicking on “PLACE ORDER”, the user submits a binding offer. The user immediately receives an automatically generated e-mail from DIE ANTWORT confirming the technical receipt of his order (his binding offer) on the DIE ANTWORT server. Subscription models differ in respect of (i) the term (“subscription period”), (ii) the fee for the subscription (“subscription price”), (iii) the scope of the services included in the subscription price (“service contingent”), and (iv) the fees for used services that go beyond the service contingent (“additional services”).

  • 4.2.1. The offer to conclude a self-service contract for the use of the online platform in accordance with the selected subscription model submitted by the user by clicking on “CONFIRM ORDER” is valid for seven calendar days and can be rejected by DIE ANTWORT by e-mail or in another suitable manner without stating reasons. The offer is accepted by informing the user that the use of the platform is possible under the conditions of the selected subscription model (“order confirmation”).

  • 4.2.2. The subscription begins with the order confirmation and ends at the end of the subscription period. After expiry of a subscription period, the subscription is extended by a further subscription period unless the user or DIE ANTWORT expressly objects to an extension of the subscription via the online platform at least one day before the end of the subscription period.

  • 4.2.3. The right to immediate termination for important reasons remains unaffected. An important reason shall be deemed to exist in particular if the user violates essential contractual provisions, in particular if they violate point 3.2., 3.7., 5.1., 5.2. and/or 6.2. or has outstanding claims against the user despite two reminders from DIE ANTWORT.

    The subscription period also ends prematurely if the user makes use of the option to order a higher-priced subscription model (“upgrade”) during the subscription period. The points 4.2.1. to 4.2.3. also apply to upgrades. The aliquot fee for the unused remaining term of the previous subscription will be offset against the subscription price of the upgrade.

    It is possible to switch to a lower-priced subscription model (“downgrade”), provided the customer applies for this via the online platform at least one day before the end of the subscription period. The new subscription then begins seamlessly after the end of the subscription period of the original subscription.

  • 4.2.4. The service quota according to the selected subscription model is valid for one subscription period. Unused service quotas expire at the end of the subscription period.

  • 4.2.5. The subscription price is due at the beginning of the subscription period. Fees for additional services used during the subscription period are due at the end of the subscription period.

  • 4.3. The conclusion of an Enterprise contract takes place via direct contact with the user by e-mail or other means of correspondence. Depending on the agreement, the contract is either limited in time according to the agreed term or unlimited. For fixed-term Enterprise Contracts, the provisions in Section 4.2.2. apply. Unlimited contracts can be terminated in writing by both contracting parties with a notice period of one month to the end of the month. The right to premature termination for important reasons in accordance with point 4.2.3. also applies to Enterprise contracts.

5. Right of use (license)

  • 5.1. DIE ANTWORT is entitled to all (intellectual property) rights to the online platform. While the account is valid, the user is only entitled to use the online platform as Software as a Service (SaaS) worldwide exclusively for their own purposes in accordance with these GTCs and the terms of use specified by DIE ANTWORT. The user is not entitled to reproduce, publish, rent, lease, edit, duplicate or distribute the online platform or parts or individual elements thereof, to make it accessible to others via networks or otherwise online or to exploit it in any other form.

  • 5.2. Any use of the account that is contrary to the law, these GTCs or other terms of use stipulated by DIE ANTWORT is not permitted and entitles DIE ANTWORT to delete the account immediately without prior notice, either temporarily or irrevocably. This also includes any use that could harm or endanger DIE ANTWORT in any way whatsoever, impair its interests and/or impair or restrict the availability of the online platform for other users. In this context, DIE ANTWORT is also entitled to take any other conceivable measures to ensure that the online platform is used in accordance with the contract and the rules, such as in particular throttling bandwidth consumption overall or for individual users or user groups.

  • 5.3. Use of the online platform is at the user’s own risk.

6. Obligations of the user

  • 6.1. The user is solely responsible for the legality of the content used by them in the context of using the online platform. DIE ANTWORT has no duty of care, protection or warning in connection with the lawful usability of the online platform with regard to the content used by the user. In any case, DIE ANTWORT is not obliged to check the content on the online platform used by the user for its legal conformity.

  • 6.2. In connection with the use of the online platform, the user shall:

  • 6.2.1. not violate applicable law, including but not limited to intellectual property rights, fair trading rights and personal rights of third parties;

  • 6.2.2. refrain from using content of an obscene, harassing or immoral nature when using the online platform;

  • 6.2.3. comply with all data protection and other legal obligations;

  • 6.2.4. after submitting a fault report, the user shall reimburse the DIE ANTWORT for the expenses incurred by the inspection if the inspection reveals that there was no fault in the sphere of DIE ANTWORT;

  • 6.2.5. (also) refrain from attempting to use data themselves or through unauthorized third parties without authorization or to interfere with the system or program of the online platform for this purpose, to penetrate it or to intercept data improperly or to commit fraudulent misuse of data processing or to cause all this to happen;

  • 6.2.6. not take any action that could cause an unreasonable or disproportionate burden or even damage to the online platform, and thus in particular not introduce viruses, Trojans, worms or other malware into DIE ANTWORT systems, with which systems or data can be damaged, impaired, secretly intercepted or destroyed;

  • 6.2.7. not reproduce, replicate, forward to third parties, modify, redesign, make public or create derivative works from the online platform.

  • 6.3. DIE ANTWORT is entitled to block access to the online platform in the event of a breach of duty by the user or a third party attributable to the user.

7. Warranty and exclusion of liability

  • 7.1. DIE ANTWORT provides no guarantee for a specific availability, a specific functionality and/or a specific range of functions. Therefore, DIE ANTWORT does not give any warranties, guarantees and/or assume any risk of success with regard to the online platform, in particular not with regard to a particular suitability of the online platform for a specific purpose.

  • 7.2. Notwithstanding this, DIE ANTWORT shall endeavor to rectify the error within a reasonable period of time in the event of malfunctions of the online platform and shall endeavor to ensure that the online platform is available 99.9% of the time per calendar year, unless otherwise specified. The following circumstances shall in any case be disregarded for the calculation of availability and shall not give rise to any legal claims arising from service disruptions:

  • 7.2.1. maintenance and service windows announced on the online platform – at least three calendar days in advance;

  • 7.2.2. any system, software, network or hardware failure that occurs outside the sphere or control of die ANTWORT, as well as force majeure;

  • 7.2.3. Failures or errors caused by the user himself or third parties attributable to him.

  • 7.3. The liability of DIE ANTWORT for damages, including all consequential damages suffered by the user, in particular due to poor performance, non-performance and/or delay, presupposes gross negligence on the part of DIE ANTWORT. In the event of gross negligence, DIE ANTWORT’s liability is limited to the amount of the subscription price.

  • 7.4. Liability expires six months after the user becomes aware of the damage and the party causing the damage.

  • 7.5. Unless otherwise specified, the general statutory provisions shall apply.

8. Data protection

  • 8.1. To the extent necessary for the use of the online platform by the user, DIE ANTWORT processes and stores the information provided by the user in compliance with the statutory provisions. DIE ANTWORT takes the protection of personal data as a highly personal right seriously: The user can find detailed information in the data protection declaration of DIE ANTWORT at https://www.europdf.eu/privacy-policy/.

9. Applicable law, place of jurisdiction

  • 9.1. The contractual relationship shall be governed exclusively by Austrian law to the exclusion of conflict of law rules, whereby this choice of law may not, however, result in the consumer being deprived of the protection of the mandatory provisions of consumer state law (cf. Art. 6 (2) Rome I Regulation).

  • 9.2. For any disputes between the parties, it is agreed that the court with local and subject-matter jurisdiction for Vienna, Innere Stadt, shall have jurisdiction, whereby DIE ANTWORT shall also be free to sue the user at any other domestic or foreign court with jurisdiction for the user in accordance with the applicable statutory provisions.

10. Arbitration body and online dispute resolution

  • 10.1. In the event of a dispute, there is the possibility of an alternative dispute resolution procedure, for example via the Internet Ombudsman https://www.ombudsstelle.at.

11. Severability clause

  • 11.1. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining clauses.

12. Our contact details

DIE ANTWORT Büro für Informationstechnik GmbH
Obere Weißgerberstraße 4
1030 Vienna
Austria
https://die-antwort.eu
team@die-antwort.eu

Version 1 – 2024-08-01