Terms and Conditions
These Terms of Service ("Agreement") set forth the terms and conditions governing your use of the "Auxilio" mobile application ("Mobile Application" or "Service") and any related products and services (collectively, "Services"). ). This Agreement between you ("User", "you" or "your") and auxilio Intelligente Assistenzsysteme Entwicklungs GmbH ("auxilio Intelligente Assistenzsysteme Entwicklungs GmbH ", "we", "us" or "our") is legally binding. By accessing and using the Mobile Application and Services, you confirm that you have read, understand, and agree to the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. In such case, the terms "user", "you" or "your" refer to such entity. If you do not have such permission or do not agree to the terms of this Agreement, then you must not accept this Agreement and must not access and use the Mobile Application and Mobile Services. You acknowledge that this Agreement, although electronic and not physically signed by you, is a contract between you and auxilio Intelligente Assistenzsysteme Entwicklungs GmbH and governs your use of the Mobile Application and Services.
Links to other Resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we do not directly or indirectly imply any approval, attribution, sponsorship, endorsement, or affiliation with any linked resource, except to the extent that it is expressly stated here.
We are not responsible for examining or evaluating, and do not warrant, the offerings of any company or individual or the content of their resources.
In addition to other terms set forth in the Agreement, you are prohibited from using the Mobile Application and the Services or Content: (a) for any unlawful purpose; (b) soliciting others to perform or participate in illegal activities; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services or the Internet; (h) spam, phishing, pharm, subterfuge, spider, crawl or scratch; (i) for obscene or immoral purposes; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services or the Internet. We reserve the right to terminate your use of the Mobile Application and Services if you violate any of the Prohibited Uses.
Intellectual Property Rights
Intellectual Property Rights” means all present and future rights, whether by law, common law or equity in or relating to copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for conveyance, rights in inventions , rights of use and all other intellectual property rights, whether registered or unregistered, including all requests and rights that may be sought and granted, claims of priority, such rights and any similar or equivalent rights or forms of protection and other results of intellectual activities that exist or will exist in any part of the world now or in the future. This Agreement does not transfer any intellectual property of auxilio Intelligente Assistenzsysteme Entwicklungs GmbH or any third party to you. All right, title and interest in and to such property (as between the parties) shall remain solely with auxilio Intelligente Assistenzsysteme Entwicklungs GmbH. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Mobile Services are trademarks or registered trademarks of auxilio Intelligente Assistenzsysteme Entwicklungs GmbH or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Mobile Application and Services may be trademarks of others.
Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise exploit any auxilio Intelligente Assistenzsysteme Entwicklungs GmbH or third party trademarks.
You agree that this Service is provided "as is" and "as available" and that your use of the Mobile Application and Services is entirely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.We make no warranty that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee the results that may be obtained from using the Service, or the accuracy or reliability of any information obtained through the Service, or that any errors in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data resulting from the downloading of such material arise and / or data. We do not guarantee any goods or services purchased or obtained through the Service, or any transactions completed through the Service, unless otherwise noted. No advice or information, oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein.
Limitation of Liability
In no event shall auxilio Intelligente Assistenzsysteme Entwicklungs GmbH, any of its affiliates, directors, officers, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, punitive, punitive or consequential damages (including, without limitation, damages for lost profits, sales , revenue, goodwill, usage of content, business impact, business interruption, loss of anticipated savings, loss of business opportunity) caused however under any theory of liability including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by law, the aggregate liability of auxilio Intelligente Assistenzsysteme Entwicklungs GmbH and its affiliates, officers, employees, agents, suppliers and licensors in relation to the Services shall be limited to an amount in excess of one euro or any cash actually paid by you to auxilio Intelligente Assistenzsysteme Entwicklungs GmbH for the period of one month prior to the first event or event giving rise to such liability. The limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold harmless auxilio Intelligente Assistenzsysteme Entwicklungs GmbH and its affiliates, directors, officers, employees, agents, suppliers and licensors from any liability, loss, damage or expense, including reasonable attorneys' fees, arising out of or in connection with them and indemnify and hold harmless any allegation, claim, action, controversy or demand by any third party arising out of or relating to your Content, your use of the Mobile Application and Mobile Services, or any willful misconduct by you.
Severability clause (severability)
All rights and limitations contained in this Agreement are exercisable and applicable and binding only to the extent they do not violate applicable law and are intended to be limited to the extent necessary to keep this Agreement illegal, void, or unenforceable. If any provision or part of a provision of this Agreement is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, the parties intend that the remaining provisions or parts thereof constitute their agreement with respect to the subject matter of this Agreement and all remaining provisions or any portion thereof, shall remain in full force and effect.
The formation, interpretation and performance of this Agreement, and any disputes arising therefrom, shall be governed by the substantive and procedural laws of Austria, notwithstanding its conflicts of law or choice of law provisions and, to the extent applicable, the laws of Austria. The courts located in Austria shall have exclusive jurisdiction and venue for any action related to the subject matter of this Agreement and you hereby consent to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and additions
We reserve the right to change this Agreement or any terms relating to the Mobile Application and Services at any time by posting an updated version of this Agreement on the Mobile Application. When we do this, we will post a notification on the mobile application. Continued use of the Mobile Application and Services following such changes will constitute your acceptance of such changes.
Acceptance of these Terms
You confirm that you have read this Agreement and agree to all of its terms. By accessing and using the Mobile Application and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, then you are not authorized to access or use the Mobile Application and Mobile Services.
Your contact with our company
If you would like to get in touch with us to find out more about this policy and any questions you may have about individual rights and your personal user data, you can do so using the contact form.
This document was last updated on October 19, 2020