Imprint

simplify.art
Gellertplatz 4/34,
1100 Vienna, Austria.
simplify.art GmbH
UID: ATU75916323
FN: 540196g<br>
E-mail: contact@simplify.art
Web: www.simplify.art

1. General

By downloading/using the website www.simplify.art the user accepts these terms and conditions and the data privacy policy (the “conditions”) as a contractual basis for the services provided by simplify.art.art IT solutions OG (“simplify.art“).

simplify.art as the responsible operator of the app and the website www.simplify.art.art and as the “controller“ according to the European General Data Protection Regulation and the Amendment of the Austrian Data Protection Act 2018 takes the protection of personal data very seriously. Our obligations are defined in the privacy policy following hereafter.

simplify.art may at its sole discretion change or discontinue the app or website at any time in whole or in part, or decide to offer services only in return for payment.

2. Login, Registration and Data Processing

When registering for the app or website, the user has to fill in the obligatory fields which are marked as such. simplify.art.art shall not be liable for the operability of the app/website and possible damage, if the app/website is not downloaded from official channels.

The following data will be processed by the app/website: email address of the user, the user’s chosen password. If paid services are used, also the name and payment information will be processed.`

3. Costs of Using the App

The app can be used for free until further notice.

4. Costs and Conditions for the Use of Paid Web Services

Unless otherwise agreed upon, the prices for the use of paid web services are as listed under simplify.art. The user bears all costs and expenses linked to the payment, i.e. bank charges and handling fees. Prices are including VAT, fees and surcharges.

The contract may be terminated at any time, taking effect on the next date of a month corresponding to the date of registration. The contract can be terminated via the website.

Payment shall be made through the payment provider “Stripe”, of Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA before services are activated. Their terms and conditions are available at https://stripe.com/at/privacy. simplify.art shall not be liable for the security of data processed by and incorrect payments caused by the provider.

simplify.art shall not be liable for any misuse, theft or loss of login data, the user’s credit or other data or information linked to the user’s account, which is not solely attributable to simplify.art.

In case of payment delays, simplify.art is entitled to suspend the services until payment has been made. Alternatively, simplify.art may also terminate the contract in accordance with section 4. The user’s data remain unaffected in case of payment delays and will only be deleted upon contract termination.

The user is not entitled to withhold payments or offset any receivables against simplify.art’s receivables.`

Consumer Information

Consumer’s rescission of the contract according to § 11 of the Austrian Online and Distance Selling Act:

§ 11. (1) The consumer shall be entitled to rescind a distance selling contract or a contract that has not been concluded in the business premises of the seller within 14 days wihtout any reason.

(2) The 14-day-period begins

[…]

3. for a contract which is not subject to the delivery of a certain volume or amount of water, gas or electricity, distric heat or the delivery of digital data not saved on any hardware drive, on the day the contract has been entered into.

The consumer does not have to use a specific form when rescinding the contract.

Example for retraction

Hereby I rescind from the contract with simplify.art from [date]

Name

Address

Signature (if sent on paper)

Date

5. Third Party Material and Services

Certain content, products and services provided on the app/website can contain third party material like opening hours and address data. simplify.art can provide links to websites of third parties as a service to its clients. simplify.art is not responsible for the content or correctness of those websites. simplify.art does not guarantee, is not responsible for and not liable for the material or websites of third parties or any other material, products and services of third parties.`

6. Duties of the User

The user is responsible for keeping his personal data up to date.

The app/website can only be used by a registered user. The user shall take all measures to prevent unauthorized persons from gaining access to the terminal device and shall keep their password secret. The user is not allowed to give their password to third parties.

The user is obliged to provide correct and complete information.`

7. User Liability

In case of a breach of the user’s obligations arising out of its fault or gross negligence or in case of a misuse of the app/the webite, the user shall be fully liable for any damage caused by it.

The user guarantees to be entitled to upload and share the information it saves in the app or on the website (images, photos, logos, texts, etc.), respectively, that the uploaded content is free from any third party rights. The user shall indemnify and hold simplify.art harmless of any third party claims related thereto.`

8. Warranty/Liability of simplify.art

simplify.art shall only be liable for any defects in design or title, for the correctness, accuracy, absence of any third party intellectual property rights, completeness or usability of the app/website or any information, software or documentation related thereto in case of its fault or gross negligence.

There is no liability whatsoever in case of negligence. This limitation of liability does not apply in case of damage to persons. In addition, simplify.art does not warrant that the app/website are available at all times.`

9. Contract Term and Termination

This contract is concluded for an indefinite period of time. The user and simplify.art are entitled to terminate the contract at any time without any reason. The user may terminate the contract by deleting their account. The paid service can be terminated every month, taking effect on the next date of a month corresponding to the date of registration. The contract can only be terminated on the website.

In the case of an account being deleted, simplify.art shall delete all user data irritrievably within 30 days. In the case of big data sizes (galleries, museums) simplify.art will obtain the user’s second confirmation concerning the erasure of data.`

10. Intellectual Property Rights / Right to Use the App

The app and all information provided on the website are protected by copyright. The user is entitled to use the app and the information provided on the website as intended and according to these terms and conditions. simplify.art grants a non-exclusive, non-transferable right to use the app to the extent necessary for its use. The right to use is limited to the term of the contract.`

11. Governing Law and Jurisdiction

These terms and conditions are goverend by and construed in accordance with Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules. All disputes arising out of or in connection with these terms and conditions shall be settled by the competent court in Graz, Austria. A consumer’s action or an action against a consumer according to the Austrian Consumer Protection Act shall be brought before a court whose district includes the consumer’s domicile, normal residence or place of employment.