General Terms and Conditions

1. Introduction

1.1 Acceptance of the GTC: By registering on Saleswave.ai and using the associated services, the customer and user agree to the GTC.

1.2 Changes: The operator reserves the right to amend these GTC at any time and without stating reasons. Changes will be communicated 60 days before they come into force. By continuing to use Saleswave.ai after the amended GTC have come into force, the customer declares his agreement with them unless the amendments are objected to in writing within 14 days.

2. Conclusion of Contract

The subject matter of this contract is the temporary, non-exclusive and non-exclusive use of the Saleswave.ai software, which is available on the Internet at https://app.saleswave.ai/ (hereinafter referred to as: the software) by the customer in accordance with point 3 of this document. The contractual minimum functional scope of the software results from the version that the customer has tested at the time of acceptance of the respective offer.

The customer acquires the non-exclusive right to use the software worldwide for the purposes of his company for the duration of this contract.

The customer is only authorized to use the software within the company. The transfer of the software for use by third parties or other provision to third parties, for example by way of rental, is not permitted.

The customer is only entitled to reproduce the software insofar as this is necessary for the intended use of the software in accordance with this section of the contract. The customer is prohibited from passing on (distributing) the software to third parties against payment or free of charge. The customer is not entitled to reproduce the user documentation or parts thereof or to pass it on to third parties.

3. Hosting

Saleswave.ai provides the customer with the infrastructure necessary for the operation of the software (hereinafter referred to as "hosting"). The customer may use the software to the extent that this results from the Saleswave.ai offer.

As part of hosting, the customer automatically receives all bug fixes, updates, and upgrades for the software.

Saleswave.ai undertakes to make the software available to the customer to the extent of 98%, calculated over one year (hereinafter referred to as "availability"). Maintanance work announced by Saleswave.ai, Malicious activities by third parties, including but not limited to (Distributed) Denial of Service Attack, etc. do not count to the 98% Availability. Availability is given if the software is accessible via a fully functional Internet connection and through a current, common browser.

Maintenance work announced by Saleswave.ai does not reduce availability. If possible, Saleswave.ai will not carry out maintenance work on working days or during business hours.

4. Rights and Obligations of the Customer

The customer undertakes to keep access data to the software secret and - should confidentiality no longer be guaranteed - to inform Saleswave.ai of this fact.

The customer undertakes to refrain from any actions that jeopardize the functionality or operation of the software. In particular, the customer is prohibited from scanning or testing vulnerabilities in the software, bypassing security systems or access systems of the software, or integrating malware into the software.

The software can only be accessed via the Internet or a network; the function of the software therefore depends on a functioning Internet connection and a functioning network infrastructure.

The customer undertakes to indemnify the operators for any damages, including claims by third parties and consequential costs of any kind, if he violates the GTC.

The customer is responsible for entering and maintaining the data and information required to use the SaaS service. This includes, in particular, the creation and maintenance of paid user accounts.

5. Rights and Obligations of Saleswave.ai

Saleswave.ai welcomes suggestions for improvement from the customer. However, Saleswave.ai has the right to set its own deadlines for adjustments and improvements to the software. There is no obligation to publish improvements.

6. Terms of Payment

The fee for the services of Saleswave.ai mentioned under points 3 and 4 is set out in the respective offer. Unless otherwise agreed, the fee is annually plus value-added tax and is due in advance after submission of an invoice in accordance with the Value Added Tax Act. The customer undertakes to sign an electronic SEPA direct debit mandate.

If the customer is more than one month in arrears with payment, Saleswave.ai is entitled to prohibit the customer from further use of the software and to discontinue all services.

Unless otherwise stated, invoices are due immediately and reminder fees are charged at EUR 12.00 per reminder.

The customer is not entitled to offset claims against Saleswave.ai unless these claims have been legally established by a court.

7. Warranty and Liability

Saleswave.ai warrants that the functions of the software are free of defects as specified when the contract was concluded.

Liability for loss of data is excluded.

7.1 Unauthorized acquisition of knowledge The operator rejects any liability for damages resulting from the use of the platform. The operator is not liable for the unauthorized acquisition of personal customer data by third parties (e.g. through unauthorized access to the database by hackers). The operator can also not be held liable for the misuse by third parties of data and information that the customer has made available to third parties.

7.2 Support and customer service The Operator shall respond to email inquiries from the Customer regarding the use of the contractual software as soon as possible after receipt.

8. Data Processing

8.1 Data protection: The operator complies with the provisions of the EU General Data Protection Regulation. In order to meet these requirements, the following additional agreement is concluded for the use of the Saleswave.ai service:

A privacy policy that all Saleswave.ai users must agree to when opening an account. No account can be opened without this consent.

8.2 Confidentiality: The Operator undertakes to maintain the strictest confidentiality about all confidential processes of which it becomes aware in the course of the preparation, execution and fulfillment of the contract, in particular business or trade secrets of the Customer, and not to disclose them or exploit them in any other way.

8.3 Right to information The operator undertakes to create the technical and organizational conditions to ensure that the customer can comply with the right to information and the right to rectification and erasure of data in accordance with the GDPR. If a data subject contacts Saleswave.ai with a request for information, rectification or erasure, Saleswave.ai undertakes to forward this request to the customer within 14 days. In the event of timely forwarding, Saleswave.ai is under no obligation to process requests from data subjects.

8.3 End of contract: Upon termination of this service agreement, Saleswave.ai undertakes to permanently delete the data and destroy all processing results and documents containing data.

9. Contract Duration

This contract shall enter into force with the order and - unless otherwise agreed in the offer - shall be concluded for a period of one year. Should not one of the contracting parties terminate the contract in writing with 30 days' notice to the end of the contract term, the contract term is extended by a further year.

10. Final Provision

The exclusive place of jurisdiction arising from or in connection with this contract shall be the competent court in Linz.

The contract and the resulting claims shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The intervention of a national or international arbitration court can only take place with the prior written consent of Saleswave.ai.

The agreed place of performance is the registered office of Saleswave.ai.

Each party is obliged to notify the other party in writing of any changes to its business address and/or delivery address and telephone number. Prior to such notification, each party shall be entitled to send notices and declarations of intent of any kind to the previously known business address/delivery address or telephone number of the other party and these shall be deemed to have been duly delivered there.

This contract accurately and completely reflects the agreements of the parties; there are no verbal side agreements.

Headings in this contract are for ease of reference only, but do not limit or otherwise alter the contractual provisions.

Amendments and/or additions to this contract must be made in writing in order to be legally effective; the written form is also required for any waiver of this formal requirement. The secure electronic signature does not fulfill the written form requirement for the purposes of this contract.

Should individual provisions of this contract be or become void, unenforceable and/or invalid, this shall not result in the nullity, unenforceability and/or invalidity of the entire contract. In this case, the parties undertake to replace the void, unenforceable and/or invalid provisions with a provision that comes as close as possible to the economic purpose of the void, unenforceable and/or invalid provision.