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Terms of use

Last updated: August 16, 2024
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AGREEMENT TO OUR LEGAL TERMS AND CONDITIONS

We are Independo GmbH, FN 610408 i, trading under the name Independo ("Company", "we", "us", "our"), a company registered in Austria with its registered office at Lacknergasse 110, Vienna, 1180 Vienna. Our sales tax identification number is ATU79787606.

We operate the website https://www.independo.app (the "Website"), the mobile application Independo (the "App") and all other related products and services that reference or link to these Legal Terms (the "Legal Terms") (collectively, the "Services").

Independo is a digital calendar tailored for people with learning difficulties. It uses icons and audio to eliminate the need for text, making it accessible to users with limited reading skills. The app makes it easy to create, edit and delete appointments, promoting inclusion in the use of digital calendars for people with learning difficulties.

You can contact us by e-mail at hallo@independo.app or by post at Lacknergasse 110, Vienna, Vienna 1180, Austria.

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of a legal entity ("you"), and Independo GmbH regarding your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood and agree to be bound by this Legal Notice. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

We will inform you in advance of any planned changes to the services you use. The amended legal terms will take effect as soon as they are published or you are notified by email from no-reply@independo.app. By continuing to use the Services after the effective date of the changes, you agree to be bound by the amended terms.

We recommend that you print out a copy of this legal notice for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons accessing the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Intellectual property

We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio and video files, text, photographs and graphics in the Services (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks").

Our content and trademarks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and the Marks are provided "as is" on or through the Services solely for your personal, non-commercial use or internal business purposes.

The services are subject to the reservation of use pursuant to Section 44b (3) sentence 1 dUrhG (No text or data mining) or comparable legal provisions of foreign legal systems.

Use of our services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the services; and
  • downloading or printing a copy of any part of the content to which you have been given proper access.

solely for your personal, non-commercial use or for internal business purposes.

Except as set forth in this section or elsewhere in our Legal Notices, no part of the Services or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content or Trademarks other than as set out in this section or elsewhere in our Legal Terms, please direct your request to: hallo@independo.app. If we ever grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that all copyright or proprietary notices appear or are visible when publishing, reproducing or displaying our Content.

We reserve all rights to the Services, Content and Trademarks not expressly granted to you.

Any infringement of these intellectual property rights will constitute a material breach of our legal terms and your right to use our services will cease immediately.

Your input and contributions

Please read this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you are granting us and (b) your obligations when you post or upload Content through the Services.

Submissions: By submitting questions, comments, suggestions, ideas, feedback or other information directly to the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submissions and shall be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute or participate in blogs, message boards, online forums and other features where you may create, submit, post, display, transmit, publish, distribute or send content and materials to us or through the Services, including but not limited to text, writings, videos, audios, photos, music, graphics, comments, reviews, rating suggestions, personal information or other materials ("Contributions"). Any Submission that is publicly posted will also be treated as a Contribution.

You acknowledge that posts may be viewed by other users of the Services and possibly by third party websites.

When you post, you grant us a license (including the use of your name, trademarks and logos): By posting, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to: Use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and exploit for any commercial, promotional or other purpose, create derivative works from, or incorporate into other works, your Submissions (including, but not limited to, your image, name and voice) and sublicense the licenses granted in this section. Our use and distribution may be in all media formats and through all media channels.

This license includes the use of your name, company name and franchise name and all trademarks, service marks, trade names, logos and personal and commercial images that you provide.

You are responsible for what you post or upload: By sending us posts and/or publishing posts through any part of the Services or making posts accessible through the Services by linking your account through the Services to any of your social network accounts, you agree to:

  • that you have read and agree to our "PROHIBITED ACTIVITIES" and that you will not post, send, publish, upload or transmit through the Services any Submissions or communications that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually offensive, false, inaccurate, fraudulent or misleading;
  • to the extent permitted by applicable law, to waive all moral rights in such submissions and/or contributions;
  • warrant that such Submissions and/or Contributions are your originals or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the rights set forth above with respect to your Submissions and/or Contributions; and
  • and to ensure that your submissions and/or contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and expressly agree to indemnify us for any losses we incur as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

We may remove or edit your content: Although we have no obligation to monitor posts, we have the right to remove or edit posts at any time and without notice if we believe such posts are harmful or in violation of these Legal Terms. If we remove or edit such posts, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIVES

By using the Services, you represent and warrant that: (1) all Registration Data submitted by you is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such Registration Data as needed; (3) you have the legal capacity and agree to abide by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have obtained your parent's permission to use the Services; (5) you will not use the Services by automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

In order to use the Services, you may be required to register. You agree to keep your password confidential and are responsible for the use of your account and password. We reserve the right to remove, reclaim or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

5. PURCHASES AND PAYMENTS

We accept the following means of payment: Visa, Mastercard, PayPal, Apple Pay, Google Pay, Bank transfer, In-app purchases via Apple App Store and Google Play Store

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update your account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases when we deem it necessary. We may change prices at any time. All payments are made in Euros.

You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for these amounts when you place your order. If your order is subject to recurring charges, you agree that we may charge your payment method on a recurring basis without requiring your prior consent for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may include orders placed by or under the same customer account, the same payment method and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

After issuing an invoice and selecting the payment method "bank transfer", payment is due within 14 days of receipt of the invoice. Please transfer the outstanding amount to the bank account indicated on the invoice. Please note that any bank charges or transaction costs are your responsibility.

We reserve the right to deactivate the licenses provided if payment is not made on time. Deactivation will take place after the payment period has expired and may result in the restriction or loss of access to the services. After payment has been made, access to the licenses will be restored. Please note that we accept no liability for any loss of data or interruptions that may occur due to the deactivation of licenses as a result of late payment.

Payments can be processed via services of Stripe Inc., IAPTIC SAS, Apple Inc. or Alphabet Inc., their respective subsidiaries as well as third party providers or sub-processors commissioned by the aforementioned companies.

6. FREE TEST PHASE

We offer a free trial to new users who register with the services. The account will not be charged and the subscription will be suspended until it is upgraded to a paid version at the end of the free trial period.

7. TERMINATION

You can cancel your subscription at any time by logging in to your account. Your cancellation will take effect at the end of the current paid term. If you are dissatisfied with our services, please email us at support@independo.app.

8. SOFTWARE

We may provide software for use in connection with our Services. If such software is accompanied by an End User License Agreement ("EULA"), the terms of the EULA will govern your use of the software. If this Software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use this Software solely in connection with our Services and in accordance with these Legal Terms. Any software and related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risk arising out of the use or performance of the software. You are not authorized to reproduce or redistribute Software except in accordance with the EULA or these legal terms.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we provide the Services. The Services may not be used in connection with any commercial enterprise unless expressly approved or authorized by us.

As a user of the Services, you agree not to do the following:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  • Trick, defraud or mislead us and other users, particularly in an attempt to obtain sensitive account information such as user passwords.
  • circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of content or enforce limitations on the use of the Services and/or the content contained therein.
  • In our opinion, denigrate, disparage or otherwise harm us and/or the Services.
  • Use information obtained from the Services to harass, abuse or harm another person.
  • misuse our support services or submit false reports of abuse or misconduct.
  • use the Services in a manner inconsistent with applicable laws or regulations.
  • Unauthorized framing or linking to the services.
  • uploading or transmitting (or attempting to upload or transmit) any viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with another party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services.
  • automated use of the system, such as the use of scripts to send comments or messages or the use of data mining, robots or similar tools to collect and extract data.
  • remove the reference to copyright or other proprietary rights from the content.
  • Attempt to impersonate another user or person or use the user name of another user.
  • Uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active data collection or transmission mechanism, including but not limited to clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • interfere with, disrupt or unreasonably burden the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate or threaten our employees or agents who provide any part of the Services to you.
  • An attempt to circumvent measures taken by the services to prevent or restrict access to the services or part of the services.
  • Copy or adapt the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript or other code.
  • Except as permitted by applicable law, decrypt, decompile, disassemble or reverse engineer the software that is part of the Services.
  • Except for standard search engines or Internet browsers, you may not use, launch, develop or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers or offline readers that access the Services, or use or launch any unauthorized scripts or other software.
  • use a shopper or purchasing agent to make purchases through the Services.
  • Any unauthorized use of the Services, including the collection of usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
  • use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.

You are solely responsible for ensuring that you use the icons in the icon collection only to the extent permitted by law in your jurisdiction. For these purposes, our services make it possible to restrict access to certain symbols from the symbol collection - in particular to socially controversial topics such as religion, sexuality, violence, drugs and related activities. In this case, such symbols can only be used after entering the corresponding PIN. The use of this function is your responsibility.

10. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute or participate in blogs, message boards, online forums and other features, and may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute or send content and materials to us or on the Services, including, but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Services and through third party websites. Therefore, any Contributions you submit may be treated as non-confidential and non-proprietary. If you create or provide any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display or performance, access, downloading or copying of your Submissions does not violate the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights, of any third party.
  • You are the author and owner or have the necessary licenses, rights, consents, clearances and permissions to authorize us, the Services and other users of the Services to use your Submissions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release and/or permission of each and every identifiable person in your Contributions to use the name or likeness of each and every identifiable person to enable the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your posts are not false, inaccurate or misleading.
  • Your contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  • Your posts are not obscene, lewd, lascivious, filthy, violent, harassing, abusive, defamatory or otherwise objectionable (as determined by us).
  • Your contributions must not ridicule, mock, denigrate, intimidate or insult anyone.
  • Your posts will not be used to harass or threaten others (in the legal sense of those terms) or to promote violence against any person or group of persons.
  • Your contributions do not violate any applicable laws, regulations or rules.
  • Your contributions do not violate the data protection or publicity rights of third parties.
  • Your contributions do not violate any applicable laws relating to child pornography or any other provisions designed to protect the health or welfare of minors.
  • Your posts do not contain offensive comments related to race, national origin, gender, sexual preference or physical disability.
  • Your Contributions do not violate any provision of these Terms of Use or any applicable laws or regulations and are not linked to any material that violates them.

Any use of the Services in violation of the foregoing constitutes a breach of these Legal Terms and may result, among other things, in the termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions available to the Services by linking your account from the Services to any of your social network accounts, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, publish, broadcast, re-tweet, repost and distribute the Contributions, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, transform, translate, transmit, create and distribute (in whole or in part), host, use, copy, reproduce, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit excerpts, excerpt (in whole or in part) and distribute such Contributions (including, but not limited to, your image and voice) for any commercial, advertising or other purpose and create derivative works based thereon or incorporate such Contributions into other works and grant and authorize sublicenses of the foregoing. The use and distribution may take place in all media formats and via all media channels.

This license applies to any form, media or technology now known or developed in the future and includes our use of your name, company name and franchise name and any trademarks, service marks, trade names, logos and personal and commercial images that you provide. You waive all moral rights in your Contributions and warrant that no moral rights in your Contributions have been asserted.

We do not claim any ownership rights in your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you make available in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless from any liability and to refrain from any legal action against us with respect to your Contributions.

We have the right, in our sole and absolute discretion, to (1) edit, redact or otherwise modify any Contributions; (2) re-categorize Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or delete Contributions at any time and for any reason without notice. We are under no obligation to monitor your Contributions

12. LICENSE FOR MOBILE APPLICATIONS

Use license

If you access the Services through the App or Webapp, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices in strict compliance with the terms of this Mobile Application License, which are incorporated into these Legal Terms. You may not: (1) decompile, reverse engineer, disassemble, attempt to derive or decipher the source code of the App, except as permitted by applicable law; (2) modify, adapt, enhance, extend, translate or derive from the App; (3) violate any applicable law, rule or regulation in connection with your access to or use of the App; (4) remove, alter or obscure any proprietary notices (including copyright or trademark notices) published by us or the App's licensors; (5) use the App for any for-profit endeavor, commercial enterprise or other purpose for which it was not designed or intended; (6) make the App available over a network or other environment that enables access or use by multiple devices or users simultaneously; (7) use the App to create a product, service or software that directly or indirectly competes with or in any way replaces the App; (8) use the App to send automated queries to a website or to send unsolicited commercial emails; or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or device for use with the App.

Apple and Android devices

The following terms apply when you use the App purchased from the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the Application on a device that uses the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of use; (2) we are responsible for providing maintenance and support services with respect to the App. Android operating system, and in accordance with the usage rules set forth in the applicable App Distributor's terms of use; (2) we are responsible for providing maintenance and support services with respect to the App as set forth in the terms of this Mobile Application License contained in these Legal Terms or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services with respect to the App; (3) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor and the App Distributor may, in accordance with its terms and policies, refund the purchase price paid for the App, if any, and the App Distributor shall have no further warranty obligations with respect to the App to the extent permitted by applicable law; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not on any U.S. government list of prohibited or restricted parties; (5) you must comply with any applicable third party terms of agreement when using the App, e.g., the App Distributor's terms and conditions will not apply to you. E.g., if you have a VoIP application, you must not violate its wireless data services agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this Mobile Application License contained in these Legal Terms, and that each App Distributor has the right (and will be deemed to have accepted the right) to enforce the terms of this Mobile Application License contained in these Legal Terms against you as a third-party beneficiary.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account to online accounts you have with third party service providers (each such account, a "Third Party Account") by either: (1) providing your Third Party Account login credentials through the Services; or (2) allowing us to access your Third Party Account as permitted under the applicable terms governing your use of the applicable Third Party Account. You represent and warrant that you are authorized to provide us with the login credentials for your Third Party Account and/or to provide us with access to your Third Party Account without violating the terms governing your use of the applicable Third Party Account and without us being obligated to pay any fees or being subject to any usage restrictions imposed on us by the Third Party Account provider. By granting us access to Third Party Accounts, you agree that (1) we may access, make available and store content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Services through your account, including, without limitation, friend lists, and (2) we may transmit to and receive from your Third Party Account additional information to the extent you are notified when you connect your account to a Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have set in those Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available in and through your account on the Services. Please note that if a Third Party Account or an associated Service is no longer available or our access to such Third Party Account is terminated by the Third Party Provider, the Social Network Content may no longer be available on and through the Services. You have the ability to disable the connection between your account on the Services and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD PARTY PROVIDERS. We make no effort to review social network content, including without limitation for accuracy, legality or non-infringement, and we are not responsible for social network content. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet computer for the sole purpose of identifying and informing you of the contacts who have also registered to use the Services. You may disable the connection between the Services and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, with the exception of the username and profile picture associated with your account.

14. THIRD PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content") (or sent to you via the Website or App). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or Third Party Content. The inclusion of, linking to, or permission to use or install Third Party Sites or Third Party Content does not imply our endorsement or support of them. If you decide to leave the Services and access Third Party Sites or use or install Third Party Content, you do so at your own risk and should be aware that these Legal Terms no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Services or relating to applications you use or install from the Services. Any purchases you make through third party websites are made through other websites and by other companies, and we assume no responsibility whatsoever with respect to such purchases, which are solely between you and such third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites, and you hold us harmless from any harm resulting from the purchase of such products or services. In addition, you indemnify us against any loss or damage you suffer in connection with third party content or through contact with third party websites.

15. SERVICE MANAGEMENT

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Submissions or any portion thereof; (4) remove or otherwise disable from the Services, in our sole discretion and without limitation, notice or liability, any files and content that are excessive in size or that impose any burden on our systems; and (5) otherwise administer the Services in a manner that protects our rights and property and facilitates the proper functioning of the Services.

16. DATA PROTECTION

Data protection and data security are important to us. Please read our privacy policy: www.independo.app/en/datenschutz. By using the Services, you agree to our Privacy Policy, which forms part of this Legal Notice. Please note that the Services are hosted in Belgium, Germany and Austria. If you are accessing the Services from another region of the world that has laws or other requirements governing the collection, use or disclosure of personal information that differ from the laws applicable in Belgium, Germany and Austria, by your continued use of the Services, you are transferring your information to Belgium, Germany and Austria and expressly consent to your information being transferred to and processed in Belgium, Germany and Austria.

17. TERM AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME AND WITHOUT WARNING AT OUR DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive remedies.

18. CHANGES AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Services at any time and for any reason at our sole discretion and without prior notice. However, we are under no obligation to update any information on our Services. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. Hardware, software or other problems may occur or we may need to perform maintenance in connection with the Services, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time and for any reason without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or suspension of the Services. Nothing in this Legal Notice shall be construed as obligating us to maintain and support the Services or to provide any corrections, updates or releases in connection therewith.

19. APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with Austrian substantive law, the application of the United Nations Convention on Contracts for the International Sale of Goods being expressly excluded. If you have your habitual residence in the EU and are a consumer, you will enjoy the additional protection afforded to you by mandatory provisions of the law of your country of residence. Independo GmbH and you submit to the non-exclusive jurisdiction of the courts in Vienna, i.e. you may assert your consumer protection rights in relation to these GTC in Austria or in the EU country in which you are resident.

20. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform that you can access. If you would like to bring this issue to our attention, please contact us.

Jurisdiction and applicable law: Disputes in connection with these Terms and Conditions shall be governed exclusively by Austrian law and the place of jurisdiction shall be Vienna, Austria. If you have your habitual residence in the EU and are a consumer, you will enjoy the additional protection afforded to you by mandatory provisions of the law of your country of residence. Regardless of where you are located, the parties submit to the non-exclusive jurisdiction of the courts in Vienna. However, you can also assert your rights in the EU country in which you reside.

21. CORRECTIONS

The information in the Services may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information in the Services at any time without prior notice.

22. EXCLUSION OF LIABILITY

We shall only be liable for damages caused by us intentionally or through gross negligence. This does not apply to damage to persons and to liability under the Product Liability Act. Any further liability, in particular for slight negligence, atypical damage, loss of profit, damage caused by defects, indirect and consequential damage, damage to third parties or a specific commercial success, etc. is excluded. Our entire liability arising from or in connection with the business relationship is - to the extent permitted by law - limited to the amount of the remuneration paid to us.

We are not liable for the compatibility of the Internet service with the hardware or software, for constant availability, for viruses, misuse or damage caused by improper operation due to unsuitable hardware and software used, or for malfunctions caused by the Internet connection or otherwise arising from the use of the data or the Internet service. You are also responsible for which links you use.

You acknowledge that the availability of our services is dependent on the functioning of the Internet and its infrastructure, over which we have no influence for the most part. If we are prevented from providing the contractual service due to force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible (e.g. technical failure of third parties), we will inform you as soon as possible. We also cannot rule out downtimes due to necessary maintenance work. You declare that you will not assert any claims for damages or warranty claims for such downtimes.

23. EXEMPTION FROM LIABILITY

You are responsible for all actions taken and information posted by you in the course of using our Services. Therefore, you agree to indemnify and hold us harmless from and against all claims for damages or liability and other claims, actions, suits, proceedings, losses and expenses (including, to a reasonable extent, court costs and attorneys' fees) brought by or on behalf of any third party arising directly or indirectly out of any of the following:

  1. Your access and use of the Services;
  2. Negligent acts, omissions or willful misconduct on your part;
  3. Upload or distribute Content through the Services by you; and/or
  4. breach of these terms and conditions, laws or third party rights by you.

In any case, we reserve the right to enter into a settlement without your prior consent or to settle all claims and demands brought against us.

24. USER DATA

We store certain data that you submit to the Services in order to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups on a regular basis, you are solely responsible for any data that you submit or that relates to any activity you have performed using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending e-mails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and through the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, PURCHASE ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to make payments or extend credit by other than electronic means.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure to perform caused by any cause beyond our reasonable control. If any provision or part of a provision of this legal notice is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this legal notice and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or use of the Services. You agree that these legal terms will not be construed against us merely because we drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the failure of the parties to sign these Legal Terms.

27 CONTACT

To resolve a complaint regarding the Services or to obtain further information about the use of the Services, please contact us:
Independo GmbH
Lacknergasse 110
1180 Vienna, Austria
hallo@independo.app

These Terms of Use were created with the help of Termly's Terms and Conditions Generator.