(1) The "customer" shall mean a natural or legal person who on the basis of a contractual agreement legally obtains one or more services via the SaaS platform of Hexis.
(2) The "Software as a Service" or "SaaS" is a software distribution model in which the vendor or the service provider makes the software available to the customer via a network, typically the Internet, and provides the software hosting or the software maintenance.
(3) The "SaaS platform" shall mean the server of the provider or the server of a third party, which is used by the provider to provide the access to and use of IT services, the so-called "Software-as-a Service" services, and related information.
(4) The "SaaS service" or "service" shall mean a predefined SaaS service in the field of information technology provided via the SaaS platform in the context of this agreement. The concrete performance of each service shall be defined in a corresponding, pre-formulated service description. Within a service, individual service packages shall be defined, which are characterized by various performance levels within the offered service.
(5) The "subscription" shall mean the contractually secured right to receive similar services, in this case SaaS services, of the content and at the time specified in the terms of service. The right to use the SaaS services shall be sold as "user subscriptions" and may not be obtained by a greater number of users than intended.
(6) The "order" shall mean the process of binding ordering of one or more services by a customer.
(7) "Activation" shall mean the activation or provision of services by Hexis after receiving the order from the Customer.
(1) The General Terms and Conditions (GTC) as amended shall apply to all current and future SaaS services of Hexis.
(2) In case of contradictory regulations, individual written agreements between Hexis and the contractual partner to these General Terms and Conditions shall be valid.
(3) The valid version of these General Terms and Conditions can be viewed and accessed at any time at www.hexis.ai.
(4) Hexis shall have the right to amend these General Terms and Conditions at any time.
(5) Deviating terms and conditions of the contractual partner, in particular GTC and purchasing terms of the contractual partner, shall not be part of the agreement, even if Hexis does not expressly object to them. Other contractual terms of the contractual partner shall therefore apply only if Hexis expressly acknowledges them in writing in advance.
(1) Hexis shall provide SaaS services to its customers via the Internet. The object of the contract is the provision of SaaS services and data and information relating to these services via the Internet by Hexis for use by the customer according to the respective service description of the subscribed service for the duration of this agreement.
(2) The subject matter of the agreement and the payment terms shall be defined in the Service descriptions, Service packages and price lists related to the subscribed services. The present Terms and Conditions shall apply in a subsidiary manner.
(3) There shall in principle be no claim to the development of separate programs or the modification of standard software according to special customer requirements, unless agreed-upon on individual terms and in writing.
(4) The use of the service shall be accomplished by logging into the platform and exchanging information with its data interfaces. The customer shall be responsible for retrieving the available services and information.
(5) Hexis shall provide the services as a "Software-as-a-Service" according to the respective description of the services and the service packages within the services and shall take appropriate measures to keep these services constantly available. However, 100% availability cannot be guaranteed. In particular, maintenance, security or capacity issues, as well as events beyond Hexis’s control, may lead to interruptions or a temporary suspension of the service.
(6) The basic functionality of the services shall be monitored continuously. Serious malfunctions that preclude or severely restrict the use shall be attended to, as long as the capacity permits, during the regular business hours (Monday-Friday 9 am - 5 pm) based on information provided by the customer or knowledge of Hexis. Shorter response times shall only be possible based on the performance specifications of the respective services or service packages. Hexis shall promptly inform the Customer of any maintenance work, as long as it impairs the use of the software.
(7) Hexis shall have the right to change the facilities used for the provision of the services at its discretion if no substantial impairment of the services is to be expected.
(8) Software-related methods used by Hexis are state-of-the-art. Nevertheless, Hexis does not assume any liability for results that do not meet the expectations, not least because the quality of the results strongly depends on the quality of the input/data provided by the customer.
(9) The services provided by Hexis that the customer uses beyond the agreed- upon scope of services shall be reimbursed at the actual cost based on the actual rates. This includes, in particular, services outside the regular business hours of Hexis, the analysis and elimination of malfunctions and malfunctions caused by improper handling by the customer or other circumstances beyond the competence of Hexis. Similarly, training services shall require a separate agreement and shall not be included in the scope of services.
(1) All information and offers provided by Hexis concerning the services provided shall be - unless otherwise agreed-upon in writing - non-binding and free of charge. The agreement shall enter into force either by account registration on the platform or implicitly by initiating the use of the service provided by Hexis, for example, by unblocking the service for use by the customers.
(2) The term of the agreement shall be determined by the service description of individual services. If no agreement has been reached, the agreement shall run indefinitely.
(3) The agreement may be terminated at any time by account deletion on the platform or via e-mail at firstname.lastname@example.org. The terms and conditions for limitation and termination apply only if no other terms are provided for in the descriptions of the subscribed services.
(4) For an important reason, additional sanctions, such as in particular deleting of content or blocking of access, may be imposed by Hexis, irrespective of termination.
(1) Unless the present agreement expressly stipulates otherwise, no contractual party shall be granted any intellectual property rights of the other party. All copyrights and other industrial property rights or other rights to protectable materials made available in the context of the use of platform and the related services shall remain the sole intellectual property of the respective owner.
(2) Rights to Use of the Customers‘ Data
a. The customer shall remain the sole owner of his data. Hexis shall fully protect the owner of the intellectual property with regard to the transmitted and processed data of the customer.
(3) Rights to Use of the Software
a. Hexis shall grant the customer a non-exclusive, non-transferable and non- sublicensable right to use the services stipulated in this agreement as "Software-as-a- Service" for the duration of the agreement in unmodified form.
b. Unless a separate agreements are made, no further rights to the software shall be transferred to the customer. The customer shall not make the software available for the use third parties. Further letting of the software or transfer of the license to third parties shall be expressly prohibited. Accordingly, both the free-of-charge transfer and reproduction and/or resale of information and services related to the SaaS platform as well as of documents provided by Hexis, in particular documentation and manuals related to the software, shall be prohibited. In respect of any violation of the provisions of this paragraph, Hexis reserves all rights and claims, in particular the assertion of damages.
(1) The methods used by Hexis that relate to its software and SaaS services correspond to the generally recognized state of the art. However, programming services and the provision of SaaS services cannot be entirely free of malfunctions. Therefore, Hexis shall assume no liability for the malfunction-free software, as long as it is basically usable within the framework of the agreement. In addition, Hexis shall not assume any liability for the results that do not meet the expectations, not least since the quality of the results strongly depends on the quality of the customer’s input/data.
(2) Furthermore, Hexis shall not be liable for the server's time outages or transmission errors, loss of data, the incorrect functioning of individual programs, particularly if caused by a misconfiguration by the customer.
(3) Defects that render the SaaS service contractually unusable shall only result in the reduction of remuneration if all the following conditions are fulfilled:
a. The defect was caused on the part of Hexis.
b. The defect, with an exact specification and description, was reported to Hexis within one week after it became known, in writing or electronically.
c. The defect was not improved or circumvented within one working week after being acknowledged by Hexis to the extent that the SaaS service was basically usable within the framework of the agreement.
(4) Hexis shall perform the corrective actions as soon as possible.
On his part, the contractual partner shall grant Hexis the access necessary for the correction of the defect and shall allow all investigations and measures required to correct the defect. Should the defect elimination be impossible or impractical due to a breach of the obligation to cooperate by the contractual partner, Hexis shall be exempted from the obligation to correct the defect.
(5) No liability shall exist with regard to defects that are - if only partially - attributable to the actions of the contract partner or a third party.
(6) Hexis shall be liable to the contractual partner for damages wrongfully caused by Hexis only in the case of gross negligence. Liability for minor negligence shall be excluded, except for personal injury. This shall apply to the same extent to the liability of vicarious agents of Hexis.
(7) The claim for damages associated with the breach of essential contractual obligations shall be limited to the foreseeable damages that are typical of the contract. In addition, the liability shall be limited to the amount of the order.
(8) Liability for consequential damages - in particular the loss of profit, the costs of operation, data loss or claims of third parties – shall be expressly excluded.
(9) Compensation claims may be made only within six months after the contractual partner has learned of the damage, at the latest within a year after the occurrence of the (primary) damage due to the event that caused the claim. The contractual partner shall bear the burden of proof with regard to the fault of Hexis and the existence and the amount of damage.
(10) Insofar as and for as long as obligations are not fulfilled due to force majeure events, such as war, terrorism, natural catastrophes, fire, strike, lockout, state intervention, power failure, transport failure, telecommunication networks or data lines failure, no breach of agreement shall arise; rather the contractual parties shall be released from the fulfillment of the contractual obligations arising for the duration of the event. The contractual partner on whose part the fulfillment of the contract is hindered shall notify the other contractual partner without undue delay, stating the circumstances that prevent him from fulfilling the agreement. In addition, he shall do everything in his power and economically justifiable to eliminate the impediments to the delivery and acceptance immediately.
(11) Hexis shall be entitled to immediately block the SaaS service if there is a reasonable suspicion that the stored data are unlawful or violate the rights of third parties. A reasonable suspicion exists, in particular, when courts or authorities inform Hexis thereof.
The customer shall support all measures of Hexis that are necessary for the provision of services and, furthermore, all necessary measures that are beyond the scope of Hexis’s services. In doing so, the customer shall ensure that all the cooperation obligations imposed on him be fulfilled a timely fashion so that Hexis’s provision of services be not hindered. The customer’s support and cooperation shall generally be provided free of charge. In particular, the customer's obligations shall be as follows:
a. The customer shall be responsible for the entry and maintenance of his data required for the use of services.
b. Insofar as the customer is unable to independently enter and maintain his data required by Hexis’s or if this was expressly agreed upon, the customer shall on agreed-upon dates and at his own expense supply Hexis with the information, data and documents required in the form prescribed by Hexis and support Hexis in analyzing problems and rectifying any faults.
c. When using the content and software of Hexis, the applicable laws and all rights of third parties shall be observed. In particular, it is forbidden to use protected content without corresponding legal authorization, e.g., copyright, trademark or patent law. Furthermore, malicious use of software or scripts in connection with the use of Hexis’s software is prohibited.
d. The customer shall protect the software from access by unauthorized third parties. For this purpose, he shall keep his access data secret from third parties and enter into corresponding secrecy agreements with his employees and clients.
e. The customer shall provide a network connection at his own expense and at his own risk.
Hexis shall be authorized to use a substitute to provide SaaS services. It shall enter into agreements with him, in its own name and on its own account, in writing, to ensure compliance with all provisions of this agreement. This shall also apply to the duty of secrecy and the granting of rights of use in accordance with the above provisions.
(1) Hexis undertakes to handle the personal data that becomes known in the course of the contractual relationship in a responsible manner. This personal data resulting from your registration for Hexis services as well as from the use of the services will therefore only be collected, stored and processed to the extent necessary for the contractual provision of services and permitted by statutory provisions.
(2) If the contractual partner transfers personal data to Hexis within the scope of order fulfilment, he shall warrant the application of relevant regulations, in particular applicable data protection regulations. Hexis shall not examine the legal admissibility of data and contents processed for the customer. The permissibility of the transmission of personal data as well as its processing by Hexis shall be ensured by the customer.
(3) Hexis undertakes to observe the statutory provisions on data protection, in particular the Basic Data Protection Regulation (DSGVO), the Federal Data Protection Act (DSG) and the Telecommunications Act (TKG 2003). Further regulations are contained in the data protection declaration.
According to Article 11 p. 1 of the Telecommunications and Foreign Trade Act (FAGG), consumers are entitled to withdraw from this contract within 14 days without stating reasons. Since the SaaS services are charged by Hexis according to consumption and the contractual relationship can be terminated at any time by deleting the user account on the platform, revocation is not necessary. Services already rendered up to this point in time will be invoiced to the customer.
The prices per unit stated on the product pages are in Euro and do not include the statutory value added tax or any other price components. The invoiced amount for the period stated will be determined on the basis of consumption in units. Payment can be made either by credit card or SEPA Direct Debit and is handled by the payment service provider Stripe, 510 Townsend Street, San Francisco CA 94103, USA. Within the framework of the European Payment Services Directive (PSD2), the Customer agrees that Hexis or its payment service provider Stripe may conduct transactions that take place in absentia and on behalf of the customer (Merchant Initiated Transactions). Invoicing will be made by e-mail at the end of each billing period.
(1) The language of the agreement shall be German. The English translation is provided merely for information purposes.
(2) The agreement shall be subject to Austrian substantive law, with the exception of reference provisions and the UN Convention on the International Sale of Goods. The corresponding provisions of the Rome I Regulation shall apply to consumers from the European Union.
(3) Unless agreed otherwise in writing, the place of performance shall be the registered office of Hexis.
(4) In the case of business transactions, exclusive jurisdiction for all disputes arising from the agreement shall be the competent court in Vienna. The statutory provisions shall apply to consumer transactions.
(5) All agreements with regard to the principal service as well as any ancillary agreements must be in writing or in electronic form.
(6) Hexis shall have the right to amend the GTC in the event of changes in the law or economic circumstances. In this case, the customer shall be notified in writing or electronically in advance. If the customer gives no written notice within four weeks after receipt of the amendment notice, the amendments shall become part of the agreement as of the time they came into effect.
(7) Should individual provisions of the present GTC be void, unenforceable and/or invalid, this shall not make the entire GTC void, unenforceable and/or invalid. In lieu of the ineffective or impracticable provisions, an effective provision shall be valid which would have been agreed upon by the contracting parties if they had been aware of the invalidity, impracticability or absence of the provisions in question when concluding this agreement.