The subject of the contract is the transfer of the use of the software "taskamo.com", as well as the storage of the data of the on the servers of the European computer center of "Amazon Web Services, Inc., P.O. Box, 81226 Seattle, WA 98108-1226", (Serverlocation: Frankfurt am Main, Germany), which serves as a service in the form of "Software as a Service" (SaaS) is provided via the Internet medium, by the Contractor.
The type and scope of the service is defined on the page with the price list (see link after the paragraphs) and in the respective user documentation (see link after the paragraphs), but is not limited to these documents, and describe in detail the handling and use of the software "taskamo.com".
The contractor reserves the right to make changes to the scope of services at any time, including but not limited to the number of users per plan, the number of tasks, the number of projects, the number journals, the number of AI generated journals, the storage capacity of the contractor's data, and the bandwidth of the data transmitted by the client to the servers of the contractor and vice versa. The client will be informed about this in good time. If nothing else is determined between the contractual partners, all points within these terms and conditions continue to apply.
The client receives an exclusive, non-transferable right to use the software "taskamo.com" and the associated software documentation for the duration agreed in the contract. The software is provided to the client via the Internet, at the transfer point (Router Output) of the data center. The client is prohibited from copying, duplicating or copying the software. To separate applications or in any form other than the one provided to them on the server.
The data collected, processed and generated by the Client shall be stored on the servers of the computer center and shall remain the sole property of the Client. After the end of the contract, the client has the right to request the handover of its data. The data shall be transmitted electronically and shall be transmitted promptly to the client. The responsibility of the collected, processed and generated data, as well as the protection of the rights (information, use, deletion ...) of the data subjects, lies exclusively with the client.
The contract period is 12 months (or 1 Month) and is automatically extended by a further 12 months (or 1 Month) if not cancelled 14 days before the end of the contract period. The outstanding amounts are collected via the credit card data provided by the client or the contractor will send an invoice to the client and the client has to pay the outstanding amounts via bank transfer to the bank account of the contractor. The contractor shall be entitled to terminate the contract without notice in the case of default in payment or violation of the terms of use by the client and reserves the right to demand any claims for damages in the event of breach of contract.
The client is informed promptly of possible maintenance and service work. In general, server availability is 99% annual average. Should the client notice a disturbance, this must be reported immediately to the contractor. Before the fault report, the client must check faults within his own area of responsibility. Fault reports are processed within 2 hours during support hours.
According to the present state of the art, errors in the software cannot be excluded under all conditions of use. If errors occur, they will be removed free of charge, provided the error is reproducible. It is incumbent on the contractor to ensure that the client is satisfied with the warranty, to provide an improvement or a new version in order to ensure that the Software is used in accordance with the contract.
The warranty is excluded if the software is manipulated or otherwise not used in accordance with the contract.
The contractor does not assume any liability for connection disturbances of telecommunication connections or other disturbances on line paths within the Internet, and in cases of force majeure or by fault of third parties or by the contracting entity itself. In no case shall the Contractor or its suppliers be liable for damages (including, but not limited to, damages resulting from loss of data or profit or interruption of operation) resulting from use or inability; to use the materials on the "taskamo.com", even if a representative authorized by "taskamo.com" has been informed orally or in writing about the possibility of such damage.
For the use of the software, a monthly fee agreed in the contract, either monthly in advance for 1 month or yearly in advance for 12 months, will be charged.
The exact prices can be found in our price list (https://taskamo.com/pricing).
The contractor reserves the right to make changes to the price at any time.
If necessary, the client will be informed about changes in time in a written form. If nothing else is determined between the contractual partners, all points within this terms and conditions continue to apply.
For all payment transactions, we use the services of Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA. is certified according to the EU-US “Privacy Shield” agreement. The “Privacy Shield” is an agreement between the European Union (EU) and the United States to ensure compliance with European data protection standards in the United States. Against the Contractor, the Customer is not entitled to account claims.
The legal data protection regulations are observed for any personal data to be processed. The Contractor shall oblige its employees to comply with the provisions of the Data Protection Act.
Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract. The contracting parties shall cooperate in a spirit of partnership in order to find a regulation that comes as close as possible to the ineffective provisions.
On the website of "taskamo.com" and all its subdomains links to external sites are provided. The contractor is in no way responsible for the content of these links. This embedding of these external links shall in no way induce users to click on them. The use of external links is the responsibility of the user.
Any amendments or additions to the contract shall be in writing. Unless otherwise agreed, the legal provisions applicable between contractors shall apply exclusively in accordance with Austrian law, even if the order is carried out abroad. In the event of any disputes, only the local jurisdiction of the competent court shall be deemed to be agreed for the place of business of the contractor. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not necessarily provide for other provisions.
In the event of a dispute arising out of this Treaty that cannot be resolved by mutual agreement, the Parties shall agree by mutual agreement on the out-of-court settlement of the dispute betwee registered mediators (Zivmediatg) with a focus on economic mediation from the list of the Ministry of Justice Austria. If no agreement can be reached on the content of the selection of economi mediators, legal action will not be taken until at least one month after the failure of the negotiations. In the case of a mediation which has not taken place or which has been terminated, Austrian law shall apply in any legal proceedings initiated. All necessary expenses incurred as a result of a prior mediation, in particular those incurred for a legal adviser(s), may be contractually incurred in a court or arbitration as “pre-trial costs”
Updated: 2023-11-11