Licence Terms for easyGDPR
A. GENERAL REMARKS
SCHINDLER IT-Solutions GmbH (abbreviated “SITS” in the following) provides the customer via ASP (Application Service Providing/SaaS) with tools and information for the General Data Protection Regulation (abbreviated “GDPR” in the following) for access.
By acquiring a licence, the customer acknowledges the exclusive and unrestricted application of these licence terms. The application of general terms and conditions of the customer is excluded.
The licensing to the customer takes place exclusively in his capacity as an entrepreneur. Consumers are excluded from any licence acquisition and use of easyGDPR .
SITS grants the customer the non-transferable, non-exclusive and temporary right to use the services of SITS as defined below and summarised in the easyGDPR product according to these licence terms.
The granting of the licence will only take effect upon confirmation of these licence terms by the customer and receipt of the licence fee at SITS. Until this time, the granting of the licence can be unilaterally revoked by SITS at any time without providing reasons.
The licence is granted for one user and one assessment each. Each user and each assessment requires a licence. Any transfer to other persons and any access by such are inadmissible. Any duplication of easyGDPR and utilization of the tools and information contained in easyGDPR for purposes other than those of the review, training and information of the customer is inadmissible.
C. LICENCE FEE
The fee for granting the licence is per year for one user and one assessment each. Changes to the fee are reserved for SITS.
The fee must be paid free of charge to the announced bank account of SITS before the licence is validated. The customer waives the offsetting of claims against SITS with the fee, as far as these counterclaims are not expressly acknowledged in writing and in their amount by SITS or established as legally binding by a court.
D. LICENCE TIME AND DATA ACCESS
The licence is granted to the customer for a period of one year (12 months) from the effective date of the grant. The licence renews automatically if a termination in writing up to three months prior to expiration it will be prolongued by another year
After this time the licence, the associated right of use and the data access of the customer expire without further explanation. From this point on, the customer has no longer access to the data, to easyGDPR and to the tools and information provided by SITS.
If the customer does not extend the licence, the data will be erased 3 months after the licence expires. The extension starts with the expiration of the licence, regardless of when the licence number is entered.
SITS is entitled to restrict or discontinue the easyGDPR Application Service Providing (ASP) and/or revoke the licence at any time. In this case, the customer may reclaim the licence fee from SITS corresponding to the licence period not yet consumed. This reclaim is excluded if the customer has set an important reason for termination or revocation.
The product easyGDPR includes tools and information for the General Data Protection Regulation and is made available to the customer by SITS via ASP.
The tools include training, checklists, request functions and response functions for exclusive and self-responsible use by the customer through ASP on the system provided by SITS and made available to the customer.
The use of easyGDPR requires that the customer completely fulfils all IT, organisational and legal requirements for the use in the systems, applications and infrastructures outside the ASP system provided by SITS, and obtains and applies the necessary advice and expertise in Information Technology, Business Organization and Law by himself (internal and/or external). This advice and expertise are not replaced by the tools and information provided by SITS.
The customer always ensures that any and all data and information that is being used by the customer for easyGDPR is being protected, saved and secured always before and after every processing in accordance with the technical standards, IT requirements, Data Protection Law and relevant legal provisions. The customer generates prints in PDF and on paper at the end of every processing and keeps these prints permanently safe.
The training takes place exclusively on the initiative of the customer and interactively between the customer and the ASP system. A content review by SITS when using the tools and information by the customer does not take place. SITS assumes no responsibility for the support of easyGDPR and does not provide any services for customer-owned and/or customer-specific applications, systems and/or contents as part of the customer’s use of the training.
Tools and information beyond the content of easyGDPR may be requested from SITS in return for payment of a separate fee. Such commitments by SITS become binding only when they are made in writing to the customer.
SITS links on its websites content, materials and/or services that are thereby accessible or available to the customer. SITS will check the third-party information and will immediately remove the link as soon as it becomes aware of any illegal activity or information. The customer may point out such violations to SITS.
F. LIMITATION OF LIABILITY
SITS will create and maintain the tools and information available in easyGDPR with due care in accordance with the general IT requirements for ASP and systems used for it and the relevant legislation. SITS grants warranty for the functionality and applicability of the tools, but it does not grant warranty for the information that can be accessed by usage and its application.
The burden of proof that the defect already existed at the time of transfer lies with the customer. Warranty claims must be asserted by the customer within a maximum period of six months from knowledge of the defect, but in any event until the end of the license period, otherwise they will become statute-barred and expire.
SITS assumes no liability to the customer, its agents, employees or contractors for damages resulting from the use of the tools, from the use of other functions and for information on the websites operated by SITS, or for damages resulting from the use of applications, systems and infrastructures outside the ASP system provided by SITS for access of the customer.
In particular, SITS assumes no liability for consequences of improper use of the tools by the customer, consequences of decisions and measures taken by the customer during or after use of the tools, other functions and information on the websites operated by SITS, errors in the application and use of the tools, loss of use, restrictions on use, loss of data, alteration of data, disclosure of data, lost profits, additional expenses, consequential damages, indirect damages and claims by third parties in this context.
In particular, SITS assumes no liability in connection with governmental, administrative, judicial and regulatory decisions, claims by agents, employees, and/or contractors of the customer as well as litigation resulting from the use of tools, other functions and information on the websites operated by SITS.
Excluded from this disclaimer of liability are damages, for which the customer proves the at least grossly negligent causation by SITS, as well as personal injuries. Liability claims must be asserted by the customer by judicial process within a maximum period of six months after knowledge of the damage and the injuring party, but in any case, within five years from the damaging event, otherwise they will become statute-barred and expire.
G. FINAL CLAUSES
Changes and additions to these terms must be made in writing in order to be legally valid. Giving up this requirement can only be made in writing.
These licence terms and all resulting rights and obligations are exclusively governed by Austrian law.
The place of fulfilment is Korneuburg. For any disputes arising from these conditions and in connection with them, the contracting parties hereby agree to be exclusively be settled by the regional court Korneuburg by waiving any other place of jurisdiction.
Should a provision of these conditions contradict mandatory provisions and therefore be ineffective, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, such a provision shall apply as agreed, which is economically closest to the ineffective provision.