1. Validity of our Terms and Conditions and subject matter
(2) The subject matter of this contract is the opportunity to use our software as well as the services connected to it which we provide at the exit of our data processing center. The software remains on our server at all times and the customer has to create the technical requirements for receiving and using it him/herself. We shall not be responsible to create and maintain appropriate data connections to our users IT-Systems. Please note that it is possible that provision of our services might occasionally and briefly be interrupted in connection with maintenance work, software updates, and/or other changes in our services or offers. Such interruptions and/or alteration of service(s) shall not create any entitlement for a reclaim of payments and/or a price reduction in any payment obligation that might exist.
2. Your registration – free or fee-based
You have the choice to register at BRIEFING.WORKS free of any costs, or otherwise based on our user-fee-models that might be payable monthly or yearly. There shall not be any entitlement to be or be kept registered or be or kept admitted to our services. Currently, we offer the following possibilities to use our services: “Free”, “Professional” and “Enterprise”. For more information on our services please visit https://briefing.works/pricing.
All our offers at BRIEFING.WORKS shall only be applicable towards entrepreneurs according to § 1 Unternehmensgesetzbuch (i.e. the Austrian Companies Act). Consumers shall be excluded from our offers. Upon our request you shall at any time provide us with business documentation and/or records (e.g. excerpts from the company registry, VAT-identification number(s), business-licenses etc).
By registering a user-account you choose a password. The e-mail address specified by you, will be your username. We will use the specified email-address for all communications with you. You are obliged to keep the password undisclosed and not pass it over to any third party.
You can request the deletion of your user-account by email send from your registered email address to email@example.com. Any existing payment obligation(s) shall remain unaffected by a termination, a request for deletion, or the deletion of a user account itself. Your registration for our cost-free services does not constitute an obligation to further purchase and/or use our fee-based, chargeable services.
In case of any changes to your personal data, profile data, or other data, which you provided in the registration process and/or which you might otherwise utilize when using our services, you shall be obliged to keep such data always up to date. All changes can be made online at BRIEFING.WORKS. All communications that we send to your registered contact details (e.g. your email address) shall be considered as having been delivered to you.
3. Conclusion of contract by registration
(1) The presentation of our services at BRIEFING.WORKS does not constitute a legally binding offer, but merely an invitation to submit an offer (“invitatio ad offerendum”). Your offer is considered accepted when we have sent you a confirmation of your registration by e-mail to the e-mail address you provided after the confirmation link has been clicked by you.
(2) If you choose to register for the free version of our services, you will be granted free access to our services until revoked by us. We, at any time, reserve the right to change and/or amend our offers and services, partly or as a whole, presented at BRIEFING.WORKS. We will notify you by email of such changes or amendments. Any use of our services beyond the volume of our free packages (https://briefing.works/pricing) will or might result in the incurrence of a payment obligation if you decide to opt for one of our paid/chargeable services.
(3) The languages available for the conclusion of a contract with us are German and English. Any translations of these T&C’s and/or other information and/or documents into languages other than German or English are for information purposes only. In case of contradictions between the German text and translations into other languages, the German text shall prevail.
4. Our Services and Data Protection
BRIEFING.WORKS is an online-tool which allows registered users to create and to store briefings for Marketing- or other Creative-Projects. These projects can be shared with others by inviting them to view and/or edit project content. Sharing the project can be accomplished by,
(i) inviting people to collaborate on the project by providing a link to them,
(ii) sharing the project via a public link (anyone who has received this link can see the project but not edit it), and
(iii) by downloading the briefing as a PDF-file and sharing it.
A description of the services currently offered can be found on our website at https://briefing.works/. We reserve the right to change, adapt, expand or limit our services at any time.
Access to BRIEFING.WORKS is provided as Software-as-a-Service ("SaaS") in the current version for exclusive use via the Internet.
You are solely responsible for providing the necessary internet access and the usual hardware (e.g. routers, smart devices, etc.) and software (e.g. browsers) required for the use of our internet-only services. We solely provide our services as browser-based internet-only solutions…
(1) We make every effort to protect all data and information, that you provide in the course of using our services, against unlawful access. Nevertheless, in view of constantly changing technical possibilities and framework conditions, it is impossible to achieve a 100% level of protection or to exclude any improper access to protected areas. Further information on data protection, the processing of data in the context of providing our services and the integration of external service-providers can be found under the following link https://briefing.works/privacy.
We might have access to project data only upon request and to the extent of the customer inquiry. We may access anonymized briefing content for purposes of improving and developing our services. Complete briefings of individual users cannot be traced or viewed.
(2) As a user of our services you can yourself enter data and project-information within the projects you are working on. We may in case only act as a processor in terms of certain specific data processing. For this purpose, a separate contract for processing (Data Processing Agreement) can be concluded. To do so, please contact us at firstname.lastname@example.org. As the responsible person (in terms of processing personal data within the briefings/projects you create or design) you are in charge of compliance with provisions of the General Data Protection Regulation (GDPR) and the Data Protection Act (DSG) or other data protection regulations that may be applicable to you wherever you might sit). Therefore, to the extent that you process personal data (e.g. enter, process, store or transmit personal data to us) in the course of using our services, you warrant that you are also authorized to do so under applicable data protection laws.
5. Duties of users
(1) You undertake to use our software and services only in accordance with these T&C’s, our other contractual conditions (data, privacy…), and any individual agreement we might have, and so to ensure that all other users (e.g. your employees, contractual partners, representatives, agents, freelancers or other third parties) with whom you co-work within the scope of our services or beyond that, also comply with applicable regulations. You are liable for all damages resulting from the violation of your obligations as a customer or user, in particular in the case of contractual or illegal use of our services and/or our software.
(2) You shall only use our software and services for its intended purpose, and you shall not misuse it, in particular not use it to store, process or distribute unlawful, illegal, discriminating or offensive content. You undertake not to use any technical equipment, software systems or other data and/or systems that could negatively impact our software or systems.
(3) You are not permitted to make any changes to the Software or to have such changes carried out by third parties.
(4) All users must maintain the IT infrastructure that is required to use our software and services at their own expense and own risk.
(5) You are obliged to take appropriate technical measures to secure your IT systems and must regularly back up your data.
(6) You are obliged to safely store and secure login details to our services and not to grant third parties access to such details.
(7) All users and we mutually undertake to treat all business and/or company secrets of the respective other party obtained in connection with our services as confidential information and not to disclose such information to unauthorized third parties. Service providers or sub-contractors we collaborate with for the provision of our services, shall not be regarded as third parties as far as these service providers or sub-contractors are themselves bound to confidentiality.
(8) We are entitled to block and/or suspend access to our services in the event of a breach of these T&C’s, any individual agreements, or other obligations towards us or towards other users, in particular in the event of default of payment. This does not affect the obligation to pay the contractual usage fee. In addition, you must reimburse any costs incurred in connection with a block or suspension.
(9) You agree to be contacted by us for our Marketing- and PR-activities as well as to be named as a “reference customer” or “referral” in such activities. Prior to any publication of business signs, brands, logos, project data, etc. we will of course align with you.
6. Payment methods, terms and cancellation
The registration at BRIEFING.WORKS and the use of our services within the scope of our free offer ("Free") is free of charge until revoked. The usage agreement shall begin when we have confirmed your registration by sending an e-mail to the e-mail address you have provided, and the confirmation link has been clicked.
Following your registration, you also have the option to use our services subject to a usage fee as a paid service ("Professional" or "Enterprise"). The usage agreement shall begin on the day on which we have confirmed your registration for a paid service by e-mail to the e-mail address you have provided, and the confirmation link has been clicked/confirmed.
Registration for our free and/or our paid services is for an unlimited period of time, whereby the billing period for paid services and any additionally booked services (e.g. additional team members) is either 30 calendar days (as of order), or 365 calendar days (as of order), at your discretion.
Billing for chargeable services and any additionally booked services will always be made in advance. Due date of our user fees and/or all other chargeable services shall occur with your order as soon as we have sent a confirmation for the registration or the booking of chargeable services to the email address provided by you. For payment processing, we cooperate with an external payment service provider (Stripe) who will settle and debit open amounts immediately when such amounts fall due.
You may cancel or terminate your registration and/or the ordered service at any time by sending an e-mail to email@example.com from the e-mail address provided to us for the purpose of registration and/or participation. In this case, the user agreement and/or the paid service (as well as any additionally booked service such as additional team members) will end as soon as we confirm the receipt of your message. The termination of your registration and/or the cancellation of chargeable services and/or additionally booked services shall not affect any payment obligations existing at that time, as well as payment obligations that have already been invoiced by then. A cancellation or termination of your registration and/or our chargeable services, does not entitle you to reclaim any payments or invoiced amounts.
(1) In the event of termination, our services and/or all individually booked services (e.g. additional team members), as well as associated project data shall remain available to you until the end of the current billing period. At the end of the current billing period, access to our services ends (regardless of whether you are acting as a paying or non-paying user) and we shall be entitled to irretrievably delete all related access permissions, data and information.
(2) In the event of a termination of your registration and/or a cancellation of chargeable services and/or additionally booked services by you, or in the event of a temporary suspension of our services by us, any restrictions regarding the usability of our services shall remain unconsidered subject to potential claims that might result from such restriction.
(3) For processing payments with regard to the provision of our services we utilize payment- and invoicing services offered by Stripe Payments Europe, Ltd. (“Stripe”). Further information on the solutions offered by Stripe and its integration into our services can be found at https://stripe.com.
(4) Technical maintenance, updates, upgrades, and/or other changes to our services and offers might cause temporary limitations or interruptions to the availability of our services. Such limitations and interruptions shall not bring any entitlement to a reduction, or reclaim of user fees.
(5) Setting off any claims against payment obligations in connection with our services shall be excluded in any case.
7. Limitations of liability
(1) We strive for offering the best-possible services and keeping them technically up-to-date. It is anyway not possible to assume any liability for the actuality/topicality and completeness of the services, models, or forms that we offer. We also cannot warrant that our services are fitting the needs and requirements of specific projects. As a user, you are therefore obliged to assess the suitability of our services in advance. If you have any questions, please do not hesitate to contact us https://briefing.works/contact-us.
(2) We assume liability in case of willful intent or gross negligence. Furthermore, we assume liability for gross negligent violation of responsibilities, essential for enabling the proper fulfillment of the contract and on whose adherence you may consistently trust. In the latter case, we shall be liable however, taking into account potential maximum liability amounts, only for the foreseeable damages typical for this type of contract. We do not assume any liability for negligent violation of obligations others than the aforementioned obligations.
(3) The aforementioned exclusions and limitations of liability shall not apply to damages to life, body, or health. Liability under the Product Liability law remains unaffected.
(4) According to the current state of technology, it cannot be guaranteed, nor do we warrant or guarantee in any way, that data communication via the Internet or our servers are error-free and/or available at all times. We are not liable for the constant and continuous availability of our website, our services, and/or individual functions. The availability of all functions at all times is therefore expressly not guaranteed or ensured and is not owned by us. We will correct potential software errors or a limitation in individual functions as soon as possible, taking into account the principles of “reasonable best efforts”.
(5) Registered users and/or third parties attributable to such users (e.g. contract partners, employees, representatives, contractors) shall be obliged to appropriately save and backup all data on a daily base, outside of our services at BRIEFING.WORKS. Any and all liability for synchronization errors, loss of data or information that could have been avoided by appropriate backups, effected by the user and/or the holder of the user account, shall be excluded. Our liability for consequential damages, loss of income and/or loss of profit, for damages as a result of project delays or for damages in connection with third party claims, shall be excluded.
(6) We shall be entitled to delete inactive accounts, including all information and/or data connected to such inactive accounts after having sent a notification for the intended deletion. Prior to a deletion, we send a notification to the registered email address by which we notify that the user account including all stored and/or connected information and data (including access permissions) will be finally and irretrievably deleted within a certain period of time. If the account is not been used within such period of time, we shall be entitled to delete the account and all data without further notice. All claims in connection with the deletion of information and/or data as stipulated herein shall be excluded.
(7) We do not assume any liability for damages that might result from cancellations, terminations, and/or deletions of your registration and/or damages that might occur as a result of a loss of project data. We do not assume any liability for claims that might result from a termination and/or from temporary suspension of our services by us.
(8) Potential liability towards former or active users or towards third parties attributable to such users shall be limited to the amount of all payments that have been paid by the such user throughout the entire term of the agreement. In case of more than one damaged person, our liability shall in any case be limited to EUR 5.000.- (five thousand EURO). If overall damage exceeds the aforementioned maximum amount, then the damage claim of each individual injured party shall be reduced accordingly.
(9) If obligations cannot be fulfilled in a timely or proper manner as a result of force majeure (e.g. war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, epidemics or pandemics, failure of power supply, failure of means of transport, failure of telecommunication networks or data connections, changes in the law affecting the software after conclusion of the contract or other unavailability of the software), this shall not constitute a breach of contract and shall not give rise to any claims against us.
8. Final Provisions
Changes or additions to these T&C’s must be made in writing. This also applies to the cancellation of this written form requirement.
(1) All obligations arising from the present agreement shall remain in force irrespective of a possible dissolution or termination of the contractual relationship.
(2) The transfer of claims arising from or in connection with this contract by users requires our prior written consent. We are entitled to commission third parties with the fulfillment of contractual obligations and/or to transfer the contractual relationship in whole or in part to third parties without further consent.
(3) Regardless of where our services are used, the laws of the Republic of Austria apply exclusively, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISC).
(4) The place of performance is Vienna. The Regional Court of Vienna (Landesgericht für Zivilrechtssachen Wien) shall have exclusive jurisdiction for all disputes in connection with this contract.
(5) Should individual provisions of these T&C’s be or become invalid, the other provisions shall remain unaffected. The contracting parties agree to replace the invalid provision with a legally valid provision that comes closest to the commercial purpose of the invalid provision.