1. General

1.1. Kanbert Software GmbH, Getreidemarkt 1/10, 1060 Vienna, Austria, FN 553710 f ("Provider", "we", "us") provides an ERP software which includes CRM-functionalities via a web interface on an online platform https://www.kanbert.com/ ("Platform").

1.2. Under the SaaS-Agreement that we have entered into with our customer ("SaaS-Agreement"), we grant you as user authorized by our customer ("User", "you") access to our Platform. Duration and extent of the access shall be governed solely by the SaaS-Agreement.

1.3. When setting up a user account on the Platform, you will be required to register and to accept these Terms.

1.4. Our platform is exclusively intended for entrepreneurs within the meaning of the Austrian Commercial Code (UGB). Thus, Users who register on the Platform do so either in the name and on behalf of their employer or in their capacity as an entrepreneur.

2. Use of the platform

2.1. You may use the Platform only for its intended purposes and in accordance with these Terms as well as all applicable laws and regulations.

2.2. You must protect your user account from unauthorized or fraudulent use. You must keep your user account's password confidential and must not disclose it to any third party.

2.3. You must provide truthful and accurate information when setting up a user account. You must not represent yourself as someone you are not or otherwise impersonate any other person while using the Platform.

2.4. You acknowledge that we may use the information provided by you for the purpose of anonymised statistical analyses without any personal reference.

2.5. You must not use the Platform to save, publish, transmit and/or distribute any da-ta, material or information that (i) is misleading, incorrect or fraudulent; (ii) in-fringes any copyright, trademark, trade secret, or other proprietary right of any other person; (iii) is racist, insulting, discriminating, libelous or glorifies violence; (iv) contains viruses, Trojan horses, worms, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or (v) is otherwise illegal.

2.6. You must not use the Platform to send unsolicited or unauthorized advertisements, generate spam, junk mail, chain letters or similar content or messages.

2.7. If the User has the right to invite a third party to use the Platform, the User is solely responsible for the appropriate legal basis for the transmission of the invitation link to the third party.

2.8. You must not carry out any disrupting interferences, by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses, Trojan horses, worms and other disrupting attempts regarding the Platform.

2.9. You must not rent, lease, loan, trade or sell/re-sell or otherwise provide access to the Platform.

2.10. In case of a material breach of the aforementioned obligations, we will delete or block your user account without prior notice, and you may not re-register.

3. Confidentiality

3.1. You must keep any content, information, and data to which you gain access on the Platform, and which is not publicly accessible strictly confidential from any third party.

3.2. The validity of this confidentiality agreement is unlimited in time and will not be affected by the termination of your account.

4. Intellectual Property

4.1. We reserve all rights in the Platform and related content, including but not limited to copyrights, trademark rights and patent rights. These Terms do not grant you ownership of any intellectual property rights related to our Platform. The extent of your license is determined by the SaaS-Agreement concluded with our customer.

4.2. Using trademarks, branding or logos from our Platform requires our express written permission, except where permitted by law or to the extent granted by SaaS-Agreement.

5. Amendments

5.1. These Terms may be amended from time to time. We will inform you about amendments to these Terms and ask you for acceptance. We will restrict your access to the Platform until you have accepted the amended Terms.

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September 2024