Last updated: 17 May, 2021
1.1 Schrack Technik GmbH, Seybelgasse 13, A-1230 Vienna, Austria (in short: "Schrack") provides various applications and tools (all together in short: "Tools").
1.2 Whenever these Terms of Use refer to "we", "us" or "our", this refers to Schrack.
1.3 The use of the Tools offered by us is permitted exclusively on the basis of these conditions.
1.4 The Tools may only be used for business or educational purposes (school, study, vocational training, etc.) and only by persons who have completed the age of 14 years. With your registration, you confirm that the use is for the purposes stated and that you have completed the age of 14 years.
1.5 These Terms of Use govern the relationship between you as a user and Schrack as developer and/or operator of the Tools. The Terms of Use are a contract between you and Schrack. If you do not agree to these Terms of Use, you are not authorised to access or use our Tools. By using our Tools, you acknowledge and fully accept all the provisions of these Terms of Use.
1.6 Provisions in contract forms and in other business terms and conditions of yours are invalid in their entirety with regard to the use of the Tools, irrespective of whether, when and in what form they are brought to our attention. Deviating agreements to individual provisions of these Terms of Use are only effective for the individual case and require prior written confirmation by us to be valid. Silence on our part shall in no way be deemed to constitute consent.
2.1 You must register to use the Tools. Registration is a one-time process and gives access to all Tools. However, we reserve the right to introduce separate registration, possibly on separate terms, for individual Tools in the future, to change the type of registration and to require different or additional information.
2.2 You are responsible for ensuring that the registration details you provide are accurate and complete and that you keep the access data confidential and secure. You are responsible for all activities that occur within your account, including the activities of third parties to whom you have provided your account information or who have gained access to it as a result of your at least negligent conduct.
3.1 To be able to use our Tools, minimum technical requirements must be complied with. These conditions will change from time to time. We are not obliged to support any particular state of the art. Access to our Online Tools is currently only possible with an active and sufficiently fast internet connection. The costs for this internet connection are charged by your external provider, we have no influence on this. Please note that loading content can lead to a considerable volume of data. Make sure that you have taken appropriate measures to limit the costs incurred in this regard, both at home and, above all, abroad.
3.2 Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the Tools. We may limit the availability of the Tools or certain areas or features of the Tools if it is appropriate to do so in view of capacity limitations, the security or integrity of our servers, or to carry out maintenance to ensure the proper or improved functioning of the Tools. We reserve the right to improve, develop and change the Tools and introduce new services from time to time.
4.1 The Tools themselves and their structure are protected by copyright, database protection and ancillary copyright. We reserve all rights thereto.
4.2 We reserve all rights, in particular but not limited to copyright and rights of use, to the content we create, in particular to texts, logos, graphics, photographs and layouts.
4.3 The content created by us may only be used for the applications intended in the respective Tool. Any other use - unless otherwise agreed with us in writing - is not permitted.
5.1 We are entitled to implement new elements as a component and/or as a supplement to the Tools at any time at our own discretion and without defined lead time, as well as to fundamentally change the type of usability. We may also remove features or disable the Tools entirely and discontinue our service.
We may suspend access to your account without prior notice if we have reasonable grounds to suspect that you or any third party using your account information is in breach of these Terms of Use or any applicable law relating to the use of the Tools, or if technical circumstances or security issues make it appropriate to do so. We will notify you if we have reasonable grounds to suspect a breach of these Terms of Use or applicable law and provide you with an opportunity to justify and clarify such breach. If the suspicion cannot be eliminated, we are entitled to close your account irrevocably if we consider this appropriate in view of the seriousness of the breach. After that, you lose access to all Tools.
Due to changes in our Tools and applicable laws or for other operational reasons, there will always be a need to amend these Terms of Use. If we update these terms, you are free to accept the terms or stop using our Tools. Your continued use of the Tools after the effectiveness of the update will constitute your acceptance of the new terms and conditions and your agreement to be bound by them.
8.1 As long as we provide you with the Tools free of charge, we exclude any warranty for the Tools.
8.2 The Tools serve as an aid for product pre-selection of our components to support project planning of all kinds.
8.3 It is expressly pointed out that users shall have to verify and, if applicable, adjust by themselves the configuration suggested by the Tool with regards to their own requirements. We accept no liability whatsoever for accuracy and completeness.
8.4 In the event of personal injury, we shall be liable in accordance with the statutory provisions. Otherwise, our liability is limited to intent and gross negligence; we are not liable for damage caused only by slight negligence. We shall only be liable for indirect damage and loss of profit in the event of intent.
8.5 We are not liable for unlawful interference by third parties (such as viruses, hackers) unless we have breached our due diligence obligations.
8.6 We do not guarantee the uninterrupted and/or constant availability of the Tools.
8.7 We accept no liability for damage in connection with transmission problems, communication line failures, problems or technical malfunctions of the mobile internet, telephone networks or lines, online systems, servers or providers, computer equipment, software and for failures of the email service, unless these were caused by at least gross negligence on our part.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, employees, advertisers and partners harmless from and against any and all claims, including third party claims, such as, without limitation, direct and indirect damages and expenses (including reasonable and appropriate dunning, collection and attorneys' fees) arising out of any breach by you of these Terms of Use or any other applicable regulations such as applicable laws. This also applies with regard to third-party claims.
We may send all correspondence to the email address last provided by you at the time of registration or in the course of updating your account information. Contract-relevant declarations on your part are to be sent to the email address given in our company contact details.
11.1 In the course of using the Tools, we collect certain data, in part automatically, which is required for the use of the Tools. These include:
11.2 We process this data in order to
11.3 Further information on the data processed when using the Tools, the corresponding legal basis and additional information can be found in our Data Protection Statement.
12.1 These Terms of Use and the business relationship between you and us, including any questions about the valid formation of a contractual relationship and including any disputes, shall be governed by the laws of the Republic of Austria, excluding private international law and conflict of laws rules. If you are a consumer within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG, Federal Law Gazette no. 140/1979) and use these Tools for purely private purposes, this choice of law does not result in you being deprived of the protection afforded to you by those provisions which may not be derogated from by agreement under the law of the state in which you have your habitual residence (favourability principle).
12.2 If you are an entrepreneur, the exclusive place of jurisdiction is the court responsible for commercial matters at our registered office. If you are a consumer within the meaning of the Consumer Protection Act, the statutory place of jurisdiction shall apply.
12.3 If any provision in these Terms of Use is or becomes invalid, the validity of the other provisions shall not be affected.
12.4 For consumers: If you are resident in the EU, you can access the European Commission's Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. However, we do not participate in online dispute resolutions.
