General
Terms & Conditions
1. Scope of Application
1.1. The following general terms and conditions (hereinafter "GTC") apply to the sale and delivery of hardware and software as well as to services and consulting services provided by aaa - all about apps GmbH (hereinafter "aaa") to a customer (hereinafter "Contractual Partner") (hereinafter the "Orders" or "Contracts").
1.2. The subject of an Order or Contract may include in particular:
- Sale and delivery of hardware and accessories
- Creation and delivery of custom software
- Delivery of standard software or standard software components
- Maintenance of hardware and software
- Acquisition of software usage rights
- Rental of software
- Services for the commissioning of hardware and software
- Consulting services
1.3. These GTC apply regardless of whether they are referenced in the Order or Contract. They also apply to future contracts between aaa and the Contractual Partner, even if they are not expressly agreed upon again.
1.4. These GTC always apply in their version current at the time of the respective contract conclusion. The Contractual Partner may view and download the GTC on the internet at www.allaboutapps.io. Upon request, aaa will send them to the Contractual Partner.
1.5. Differing or supplementary terms and conditions of the Contractual Partner do not become part of the contract, even if known to aaa, unless aaa expressly agrees in writing to their applicability. By placing an order with aaa, accepting an offer from aaa or otherwise concluding a contract with aaa, the Contractual Partner waives the application of their own terms and conditions, in particular any defensive clauses therein.
1.6. If the contract concluded with the Contractual Partner deviates from these GTC, the provisions of the contract take precedence.
1.7. aaa is entitled to amend or supplement these GTC at any time. The amendment takes effect upon notification of the Contractual Partner and applies to all transactions concluded from that point onward.
1.8. aaa informs the Contractual Partner that employees of aaa are not authorized to enter into oral side agreements or give oral assurances that go beyond the content of the respective contract or these GTC.
2. Contract Conclusion
2.1. Offers and cost estimates from aaa are always non-binding and without obligation until a contract is concluded with the Contractual Partner.
2.2. By placing an order with aaa, the Contractual Partner makes a binding contractual offer.
2.3. A contract between the Contractual Partner and aaa is concluded when aaa, after receipt of the Contractual Partner's order, commission or offer, has sent a written confirmation or a delivery to the address last provided by the Contractual Partner, or has commenced actual performance of services.
3. Subject Matter / Scope of Services
3.1. General
3.1.1. The subject matter of the contract is the respective purchase, rental, leasing, loan or other legal transaction and/or the provision of the respective service by aaa.
3.1.2. The nature and scope of the services to be provided by aaa are governed by the provisions of the contract concluded in each individual case.
3.1.3. The selection of the employee providing a service is made by aaa. aaa is entitled to replace assigned employees at any time with other employees of equivalent qualification. aaa is further entitled to have services provided by qualified third parties.
3.1.4. aaa reserves the right to modify or improve the services contractually agreed with the Contractual Partner, insofar as such modification or improvement is customary in trade, required by legal provisions, or reasonable for the Contractual Partner taking into account the interests of aaa.
3.1.5. If aaa provides free services, these may be discontinued by aaa at any time without prior notice.
3.1.6. Insofar as aaa acquires copyrights to work results in the course of providing services, aaa grants the Contractual Partner a simple, non-transferable and non-exclusive license to use the work results in their business operations after full payment. All other rights to the work results remain with aaa.
3.2. Special Provisions for Third-Party Software (Standard Software)
3.2.1. If the Contractual Partner obtains licensed third-party software from aaa, the Contractual Partner is obligated to comply with the license terms provided by aaa when using this software. By ordering licensed third-party software, the Contractual Partner confirms awareness of the scope of services and license terms of this software.
3.2.2. The delivery of standard software or standard software components is subject to the conditions specified in each individual case. In case of doubt, the Contractual Partner is granted only an unlimited, non-exclusive, non-transferable license. Usage rights for standard software granted against payment of a recurring fee revert to aaa upon termination of the corresponding agreement, but no later than in cases of default in fee payment despite written notice setting an additional deadline.
3.2.3. With respect to software purchased by aaa from third parties and sublicensed to the Contractual Partner, the parties agree to exclude any warranty and liability, in particular for software defects. However, aaa shall assign to the Contractual Partner any claims aaa has against its supplier.
3.2.4. If the Contractual Partner obtains software classified as "public domain", "freeware" or "shareware" that was not created by aaa, aaa assumes no warranty or liability whatsoever. The Contractual Partner must observe the license terms specified by the respective rights holder for such software.
3.2.5. By providing software to aaa for editing, modification or further development, the Contractual Partner confirms that they are authorized to carry out such editing, modification or further development.
3.2.6. The Contractual Partner shall fully indemnify and hold aaa harmless against any claims arising from violation of the foregoing obligations.
3.3. Special Provisions for Software Created by aaa (Custom Software)
3.3.1. For software individually created by aaa, the scope of services is defined in the contract by a service description. Delivery includes the executable program code for the specified systems and a program description. All rights to the programs and documentation remain entirely with aaa. In case of doubt, the Contractual Partner is granted only an unlimited, non-exclusive, non-transferable license. Usage rights for software granted against payment of a recurring fee revert to aaa upon termination of the corresponding agreement, but no later than in cases of default in fee payment despite written notice setting an additional deadline.
3.3.2. The Contractual Partner accepts that aaa, for quality assurance purposes, integrates an industry-standard SDK for crash reporting (e.g. Firebase Crashlytics) into apps and evaluates the data reported accordingly. No personal data is transmitted or stored.
3.3.3. The Contractual Partner acknowledges that minor defects in the software cannot be entirely excluded due to the nature of the subject matter. Unless expressly made part of the contract, aaa provides no warranty and assumes no liability that (i) the delivered software meets all requirements of the Contractual Partner; or (ii) the delivered software works with other programs of the Contractual Partner; or (iii) the programs run uninterrupted and error-free; or (iv) all software defects can be remedied.
3.3.4. Excluded from aaa's warranty and liability are in particular defects caused by improper installation by the Contractual Partner or third parties, inadmissible operating conditions, natural wear, improper use, modified operating system components, interfaces and parameters, use of unsuitable organizational materials and data carriers, unauthorized modification of the software by the Contractual Partner or third parties, and transport of the goods.
3.3.5. Warranty is limited to reproducible (continuously repeatable) defects in program functionality.
3.3.6. If aaa simultaneously delivers hardware and software, any defects in the software do not entitle the Contractual Partner to withdraw from the contract underlying the use or delivery of the hardware.
3.4. Special Obligations of the Contractual Partner
3.4.1. The Contractual Partner is obligated to provide aaa with all information necessary for the provision of contractual services. aaa is not obligated to verify the logical accuracy of this information. Additional work by aaa resulting from erroneous or incomplete information, or arising from other reasons attributable to the Contractual Partner, will be invoiced separately at the applicable hourly rates.
3.4.2. The Contractual Partner is obligated to make available to aaa all systems required for the provision of contractual services, such as interfaces, servers and databases, at the required time and to ensure their availability for the entire period in which they are needed. Additional work resulting from defective or unavailable systems will be invoiced separately at the applicable hourly rates.
3.4.3. The Contractual Partner is obligated to carry out interim acceptances in the project, such as acceptance of drafts, designs and intermediate results, at times defined by aaa.
3.4.4. If the service is to be provided at the Contractual Partner's premises, the Contractual Partner shall, upon aaa's request, provide all spatial and technical infrastructure necessary for the provision of services.
3.4.5. If a service by aaa cannot be provided or cannot be provided on time for reasons attributable to the Contractual Partner, the Contractual Partner shall compensate for the additional work thereby caused. In such cases, the deadlines agreed for service provision shall also be extended accordingly.
4. Delivery / Shipping
4.1. The completion date for services or the delivery date for hardware and software is governed by the provisions of the contract concluded in each individual case.
4.2. All circumstances beyond aaa's control, such as operational disruptions or restrictions on the delivery of production materials, are deemed force majeure. The occurrence of such circumstances extends the agreed deadlines accordingly and does not entitle the Contractual Partner to withdrawal or to assert any other claims against aaa.
4.3. Official approvals and other third-party approvals required for delivery or service provision must be obtained by the Contractual Partner. If such approvals are not available in time, the agreed deadlines are extended accordingly.
4.4. If delivery or provision of services is impossible due to the circumstances set out in Sections 4.2 and 4.3, aaa has the right to withdraw from the contract without the Contractual Partner being entitled to any claims. This also applies if the said circumstances occur during an existing delay.
4.5. Changes requested by the Contractual Partner after placing the order extend the agreed deadlines and will be invoiced separately at the applicable hourly rates.
4.6. For orders comprising multiple units, aaa is entitled to make partial or advance deliveries and to invoice after delivery of each individual unit or service.
4.7. The Contractual Partner undertakes to carry out service acceptance promptly after delivery and to complete it within a two-week period. If discrepancies are identified during acceptance, the Contractual Partner must document these in tabular form. Determination of the deadline for remedying defects is at aaa's discretion. Delays in acceptance caused by the Contractual Partner entitle aaa to immediately demand payment of the outstanding amount.
4.8. aaa provides all services from its registered office or business premises. Shipping is always carried out only upon order and at the expense and risk of the Contractual Partner. Upon request, aaa will take out transport insurance at the Contractual Partner's expense.
5. Prices / Payment Terms
5.1. The prices to be paid are governed by the respective contract. Unless otherwise specified, prices are ex registered office and exclude VAT and other charges, packaging and shipping costs, and installation costs.
5.2. In addition to the prices stated in the contract, the Contractual Partner shall reimburse aaa for all out-of-pocket expenses and costs incurred in the performance of the contract at the applicable rates. Travel time is considered working time.
5.3. Regularly payable fees are increased by the change between the index figure of the Consumer Price Index 2014 (CPI 2014) published for January of the comparison year and the index figure published for January of the preceding year, effective from the first day of the respective calendar year. The baseline is the index figure published for January 2014. aaa may waive a fee increase in a calendar year; this has no effect on the permissibility of future adjustments.
5.4. If the Contractual Partner requests services outside of normal business hours, surcharges of 100% will be charged based on the agreed hourly rates.
5.5. Unless otherwise agreed, invoices issued by aaa are payable within 14 days of the invoice date without any deduction. A payment is deemed made on the day aaa can dispose of it. The payment terms for the overall order apply analogously to partial invoices.
5.6. The set-off of claims by the Contractual Partner against aaa, the withholding of payments due to alleged but not acknowledged claims, and any retention of contractual services by the Contractual Partner are excluded.
6. Default in Payment
6.1. In the event of default in payment, aaa is entitled to (i) suspend the fulfillment of its own obligations, (ii) claim a reasonable extension of the delivery period, (iii) declare all outstanding claims immediately due, (iv) charge default interest of 12% p.a. on outstanding amounts, and (v) withdraw from the contract if a reasonable grace period is not observed.
6.2. In the case of agreed installment payments, if the second installment is not paid on time, aaa is entitled to declare the loss of the installment schedule and to demand payment of the entire outstanding amount.
6.3. The Contractual Partner is obligated to reimburse aaa for reminder and collection costs as well as all other ancillary costs related to the default in payment.
7. Retention of Title
7.1. Delivered goods and software remain the unrestricted property of aaa until full payment of all claims arising from the business relationship. The Contractual Partner is not entitled to pledge or assign reserved goods as security.
7.2. In the event of default in payment, threatened insolvency or enforcement proceedings, aaa is entitled to dismantle and/or reclaim the reserved goods. The Contractual Partner is obligated to surrender the goods.
7.3. In the event of seizure or other third-party claims against the reserved goods, the Contractual Partner is obligated to point out aaa's ownership rights and to notify aaa without delay.
8. Warranty
8.1. aaa fundamentally warrants only that the delivered goods conform to the contractually agreed specifications at the time of delivery.
8.2. The warranty period is 12 months from the time of delivery or service provision. The burden of proof lies with the Contractual Partner.
8.3. The Contractual Partner must report apparent defects immediately upon handover and latent defects immediately upon discovery. Reports must be made in writing in tabular form with a precise description of the defect. If a defect notification is not raised in a timely manner, the goods are irrevocably deemed approved.
8.4. If defects have been asserted in a timely manner, aaa is first obligated to repair. If repair does not succeed or is considered uneconomical, an appropriate price reduction shall be made. Rescission by the Contractual Partner is excluded.
8.5. The Contractual Partner must always prove that the defect already existed at the time of handover.
8.6. The right of recourse against aaa pursuant to Section 933b ABGB (Austrian Civil Code) is excluded.
9. Liability
9.1. With the exception of personal injury, aaa is liable for damages only in cases of intent or gross negligence.
9.2. aaa's liability for loss or damage to data or information, business interruption damages, lost profits, indirect damages, frustrated expenditures and other consequential damages is excluded to the extent permitted by law.
9.3. Damage claims by the Contractual Partner become time-barred one year after delivery or service provision.
9.4. Any liability of aaa is in any case limited to the amount of the order value.
9.5. Any recourse claims under product liability law (PHG) are excluded, unless the claimant proves that the defect was caused in aaa's sphere of responsibility or was at least caused by gross negligence.
10. Data Protection
10.1. aaa processes personal data of the Contractual Partner in compliance with the GDPR, the Austrian Data Protection Act (DSG) and the Telecommunications Act 2021 (TKG 2021). The legal basis is Art. 6(1)(b) GDPR (contract performance) and, where necessary, Art. 6(1)(f) GDPR (legitimate interest).
10.2. aaa takes technical and organizational measures corresponding to the state of the art to protect personal data pursuant to Art. 32 GDPR.
10.3. aaa may process personal data for the further development and improvement of its own services on the basis of its legitimate interest pursuant to Art. 6(1)(f) GDPR, unless the interests of the Contractual Partner prevail. The Contractual Partner may object to this processing at any time.
10.4. aaa stores personal data only for as long as is necessary for the respective purposes or as required by statutory retention obligations.
10.5. The Contractual Partner permits aaa to include their name or company in a reference list. This consent may be revoked in writing at any time.
10.6. Further information on the processing of personal data can be found in the privacy policy at www.allaboutapps.io/privacy.
11. Data Security
aaa will take all technically possible and reasonable measures to protect the data stored with it. aaa is not responsible if third parties nevertheless succeed in gaining unauthorized access to the data. The Contractual Partner is obligated to keep passwords confidential and is liable for all damages resulting from a breach of this obligation. Unless otherwise agreed, the Contractual Partner is responsible for backing up their own data. aaa recommends the use of a firewall system and a virus protection system.
12. Miscellaneous Provisions
12.1. Severability clause: Should individual provisions of the GTC be or become invalid, void and/or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest to the intended economic purpose.
12.2. Confidentiality: The Contractual Partner shall treat the conclusion of a contract as confidential. aaa receives the right to list the Contractual Partner with company name, logo and website on the aaa homepage and other promotional materials as a client. The Contractual Partner permits aaa to use their name and the description of goods and services delivered for press releases and publications for promotional purposes. The Contractual Partner is obligated to treat all non-public commercial or technical details as strictly confidential trade secrets of aaa.
12.3. Non-solicitation: The Contractual Partner undertakes not to directly or indirectly employ or solicit employees assigned to the Contractual Partner or other third parties commissioned by aaa during the contract term and for 12 months thereafter. For each case of violation, the Contractual Partner submits to a contractual penalty in the amount of one annual gross salary of the employee.
12.4. Legal succession: aaa is entitled to transfer rights and obligations from a contractual relationship to companies in which aaa holds at least a 50% stake. The Contractual Partner has no right of termination on the occasion of such a transfer.
12.5. Written form: Declarations, notices, etc. addressed to aaa require written form and original signature for legal effectiveness. Agreements to waive this formal requirement must be in writing. Oral side agreements are ineffective.
12.6. Place of performance / Jurisdiction / Applicable law: The place of performance is Vienna. The court having subject-matter jurisdiction for Vienna has exclusive jurisdiction for all disputes arising from a contract between aaa and the Contractual Partner. The contract is subject to Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
12.7. Change of address: The Contractual Partner must immediately notify any changes to their business address. Written communications are deemed received if sent to the last notified address.