Term of Use

I. Scope

The service provision of PX2 OG is exclusively based on these general terms and conditions (in the following briefly called GTC). Conflicting or earlier GTC or terms and conditions of the customer deviating from these present terms and conditions do not apply unless their validity was expressly agreed upon in writing.

The general terms and conditions valid at the time the order is placed shall apply.

PX2 OG offers its customers software based on these GTC. The user of this software accepts the present terms and conditions by using the same. The use of the software is not possible without an agreement to the present terms and conditions.

Contract fulfillment actions of PX2 OG are not considered an agreement to contract conditions deviating from these conditions. Even if there is no explicit contradiction to contradicting or supplementing the user’s GTC to the objective GTC, the GTC of the user is not applicable.

This GTC apply to all access points of the developed software.

For services to consumers within the meaning of the Consumer Protection Act, the present GTC shall only apply to the extent that mandatory legal provisions do not oppose them.

II. conclusion of contract

The contract comes into effect by registration of the customer. Registration requires the complete and correct entry of the data in the registration form.

Minors may only register with their parents or legal guardians‘ express consent, and this consent must be proven in writing to PX2 OG.

With the registration, the user accepts these terms and conditions and assures the data’s correctness and completeness. Furthermore, he commits himself to keep the registration data always up-to-date.

III. Rights of PX2 OG

PX2 OG reserves the right to reject users without giving reasons, and the data transmitted by the user will be deleted without further delay.

In the case that false, old or incomplete information is provided by the user or in the case that PX2 OG has justified reasons for such information, it has the right to block and delete the account with immediate effect without being obliged to refund costs. It is permitted at any time to contact PX2 OG to verify the data.

PX2 OG does not take over a guarantee about the user’s actual identity in any case since the determination of the identification of persons on the Internet is only partly possible.

IV. Duties of the user

The user is obliged to provide the registration data truthfully and completely. Furthermore, he is obliged to keep the registration data up to date and announce any writing changes to PX2 OG.

The user is obligated to refrain from any intervention in the system of PX2 OG with technical or electronic means.

The customer is responsible for the backup of the data, particularly before installation, maintenance, or other work by PX2 OG. PX2 OG does not assume liability for lost or damaged data.

It is incumbent on the user to protect his registration data against unauthorized access of third parties, abusive use, or fraudulent use. In case of suspicion of such use, the user is obliged to inform PX2 OG immediately.

Possible reimbursement of amounts in case of unauthorized access will only occur after a proper, written report to PX2 OG about this access.

PX2 OG expressly reserves the right to block the user’s account immediately in case of misuse.

V. Prices and payments

All prices mentioned by PX2 OG are to be understood exclusive of value-added tax and in Euro, unless otherwise expressly noted.

An offsetting of own claims against the claims of PX2 OG is excluded (offsetting prohibition), if these are not recognized in writing by PX2 OG or not judicially determined.

If the customer is an entrepreneur, a duly itemized invoice, also electronically transmitted, is considered as approved, if and as far as the customer does not contradict in writing within seven days after receipt.

Incoming payments will be credited to the oldest, still outstanding claim unless the customer expressly dedicates them. If an order is placed by several persons jointly, they are jointly and severally liable for the outstanding debt.

In case of default of payment, interest in the amount of 12 % p.a. is owed. For each reminder, 40.00 Euro is owed as a handling fee.

If an order cannot be collected due to a lack of funds in the account, all related costs shall be borne by the user.

The transmission of invoices and reminders via e-mail is expressly agreed to.

VI. termination of the contractual relationship

Contracts are concluded for a limited time and, if continuation is not desired, both parties must notify the other party at least one month before the agreed end of the contract; otherwise, the contractual relationship will be extended for the same period as previously agreed.

The contractual parties are entitled to terminate the contract with immediate effect for a good cause. An important reason for the PX2 OG is, in particular, to be regarded as if the user violates these GTC or is in a delay of payment.

With the contractual relationship termination, all data specified by the user during the registration are deactivated.

VII. Revocation instruction

If the user is a consumer within the meaning of the Consumer Protection Act, the following provisions shall apply:

The consumer has the right to withdraw from the concluded contract in writing (by mail or e-mail) without giving reasons, within 14 days from the day of the conclusion of the contract, whereby the withdrawal must be sent to

PX2 OG

At the Innovation Park 20

8020 Graz

AUSTRIA

Is to be corrected.

In the event of an effective cancellation, the services received by both parties must be returned. If restitution is not possible, compensation for lost value may have to be paid, which may ultimately result in the consumer having to fulfill the contractual payment obligations for the period until the revocation. Payment obligations in this regard are to be fulfilled within 14 days, and the period begins for the consumer with the dispatch of the revocation explanation for PX2 OG with the receipt of the revocation explanation. The revocation form is available here (…).

VIII. Warranty and liability

The warranty is excluded for entrepreneurs.

PX2 OG does not take over any liability for possible data transport over foreign systems, in particular, the Internet, being pursued, recorded, or falsified by third parties, and the use of the system of PX2 OG is at the user’s own risk.

PX2 OG does not assume any guarantee for external content. Legal transactions between a user and a third party based on linked pages or banners lead exclusively to contractual relationships between the user and the third party and are not connected to PX2 OG. It is explicitly pointed out that PX2 OG does not assume any liability for the services of third parties.

A liability of PX2 OG is excluded unless the damage was caused by gross negligence or intentionally. In case of slight negligence, PX2 OG is not liable towards entrepreneurs towards consumers only with regard to injury of life, body, and health. A liability for consequential damages, mere financial losses, loss of profit, damages from claims of third parties against entrepreneurs is excluded. This regulation applies equally to direct and indirect damages. Gross negligence must be proven by the injured party. The limitations of liability apply likewise to the assistants of PX2 OG.

IX. Intellectual Property

Modifications or processing, in particular, the further development of the software and services provided by PX2 OG are prohibited. The provided software represents the intellectual property of PX2 OG and remains the property of PX2 OG for an unlimited time. Duplications, distributions as well as any similar action impairing the property rights of PX2 OG are not permitted.

An offense against the property rights and rights of use of PX2 OG entitles PX2 OG to demand a contractual penalty in the amount of € 30,000.00, to prohibit further use, to demand the omission, publication of the judgment, appropriate remuneration as well as the payment of actual damage exceeding the contractual penalty.

X. Data protection

The PX2 OG is committed to protecting the privacy of its customers‘ personal data. Therefore PX2 OG processes customer data exclusively on the basis of valid legal regulations (DSGVO (EU) No. DSG, TKG 2003). Data protection information is available on the PX2 OG website.

XI. Place of performance, place of jurisdiction, choice of law, contractual language

The place of delivery is the seat of the enterprise of PX2 OG. Austrian substantive law applies. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it does not concern a consumer business, for the decision of all disputes arising from this contract, the court at the seat of the PX2 OG company is exclusively locally responsible.

XII Severability Clause

Should individual provisions of these terms and conditions be or become invalid or legally ineffective, this shall not affect the validity of the remaining provisions. An invalid or ineffective provision will be replaced by a provision that comes as close as possible to its economic purpose. The same procedure is to be followed if gaps are found.