Terms and Conditions

General Terms and Conditions of ROARK GmbH covering service scope, usage rights, liability, pricing, and data protection.

I. General

  1. These General Terms and Conditions (hereinafter GTC) apply to all contracts that you (hereinafter customer) as a user conclude with us, the provider of the Software as a Service (SaaS) product (hereinafter “Product”).
  2. Our general terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the customer, even if known, do not become part of the contract unless their validity is expressly agreed to in writing.

II. Terms of Use

  1. The customer receives the right to use our product via the Internet.
    The customer is obliged to use the product only within the framework of the applicable laws and regulations.
  2. The customer is obliged to take all necessary technical and organizational measures to ensure smooth operation of the product.
  3. The customer is obliged to inform us of any illegal content that he distributes in connection with the product.
  4. The customer is obliged to inform us of any security gaps in the product that become known.

III. Contract duration and termination

  1. The contract begins with the activation of the product by the customer and ends with the termination of the contract.
  2. The contract can be terminated at any time without notice and without giving reasons.
  3. The customer is obliged to send us written confirmation of the termination immediately after termination.
  4. We are entitled to terminate the contract without notice if the customer defaults on payment or the use of the product violates applicable law or the General Terms and Conditions.

IV. Prices and payment terms

  1. The prices for the product are agreed between the customer and us on a case-by-case basis.
  2. The agreed price is paid in advance.
  3. The customer has the right to a refund if use of the product is not possible due to an error on our part.

V. Liability

  1. We assume no liability for any damage resulting from the use of the product.
  2. We assume no liability for damage caused by non-use of the product.
  3. We assume no liability for any damages arising from the use of third-party software used in connection with the Product.
  4. We assume no liability for damage caused by force majeure or other unforeseeable events.

VI. Data protection

  1. We are committed to protecting all customer personal data in accordance with applicable data protection regulations.
  2. The customer agrees that we may store and process personal data collected during the use of the product.

VII. Final provisions

  1. If individual provisions of these General Terms and Conditions are ineffective, the remaining provisions remain unaffected.
  2. Austrian law applies.
  3. Place of performance is Vienna.