general terms and conditions

1.4 neoom makes the platform "neoom App" available to its Contractual Partners on the basis of these General Terms and Conditions (hereinafter also referred to as "GTC").

2. Scope of application / subject matter of the contract
2.1 All services provided by neoom in connection with the neoom app are provided exclusively based on these GTC in the currently valid version. It is expressly stated that only services provided by neoom in connection with the neoom app are subject to these GTC.
2.2 By using the neoom app, the Contractual Partner declares that it has had the opportunity to take note of the content of the GTC and that it agrees with the content of the GTC.
2.3 Any provisions deviating from or supplementing these GTC must be in writing. Otherwise, deviating, or supplementary provisions shall only apply to the respective legal transaction and not to subsequent transactions.
2.4 The subject matter of the contract is the granting of the use of the neoom app by the Contractual Partner for a limited period of time for the duration of the contract.
2.5 The Contractual Partner will be provided with the access data (user names and passwords) required to use the neoom app or he can choose these himself within the scope of the order. The Contractual Partner must keep the access data safe and secret.
2.6 Ordinary termination: Both neoom and the Contractual Partner may terminate the underlying contract at any time by giving one month's notice, in each case to the end of the month.
2.7 Extraordinary termination: In the event of good cause, both neoom and the Contractual Partner may terminate the underlying contract at any time with immediate effect.
2.8 Legal consequences of termination: Upon termination of the underlying contract, any fees owed under it shall become due immediately.

3. Scope of services and performance periods
3.1 When using the neoom app, the Contractual Partner can choose between offers of different scope ("Skills"). The offers are visible in the neoom app. The scope and the costs are determined by the respective offer selected by the Contractual Partner.
3.2 neoom expressly reserves the right to change or adapt the contents of the neoom app if this is necessary for technical reasons.
3.3 By using the skills, the Contractual Partner expressly accepts the components of the GTC underlying the respective skill.

• generally announced maintenance or other services (updates, patches, bug fixes) that prevent availability;
• Adjustments, changes and additions to the contractual application as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of the availability if this is absolutely necessary for technical reasons.
• Maintenance work that becomes necessary unexpectedly, if this work was not caused by a breach of neoom's obligations to provide the service (force majeure, in particular unforeseeable hardware failures, strikes, natural events, etc.);
• Downtimes due to virus or hacker attacks, insofar as neoom has taken the agreed or, in the absence of an agreement, the usual protective measures;
• Downtimes for the installation of immediately necessary security patches;
• Downtimes caused by third parties or persons not attributable to neoom.

3.1.7 The Contractual Partner shall report functional failures, malfunctions or impairments of the application immediately in the app via the support & help form.

• generally announced maintenance or other services (updates, patches, bug fixes) that prevent availability;
• Adjustments, changes and additions to the contractual application as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of the availability if this is absolutely necessary for technical reasons;
• Maintenance work that becomes necessary unexpectedly, if this work was not caused by a breach of neoom's obligations to provide the service (force majeure, in particular unforeseeable hardware failures, strikes, natural events, etc.);
• Downtimes due to virus or hacker attacks, insofar as neoom has taken the agreed or, in the absence of an agreement, the usual protective measures;
• Downtimes for the installation of immediately necessary security patches;
• Downtimes caused by third parties or persons not attributable to neoom.

3.2.7 The Contractual Partner shall report functional failures, malfunctions or impairments of the application immediately in the app via the support & help form.

4. Scope of services, neoom App
4.1 neoom grants the Contractual Partner the use of the respective current version of the neoom App.
4.2 The functional scope of the neoom app as well as the conditions of use result from the offer or skill selected within the framework of the conclusion of the contract.
4.3 neoom may update and further develop the neoom app at any time and adapt it in particular due to a changed legal situation, technical developments or to improve IT security.
4.4 neoom does not owe any adaptation to individual needs or the IT environment of the Contractual Partner.
4.5 neoom is entitled to carry out technically necessary changes and unpostponable maintenance work on the neoom app at any time and to restrict or temporarily suspend its operation for the implementation of changes to the extent required.
4.6 neoom shall endeavour, when implementing changes, to achieve a maintenance of usability by the user at the time of the change of the neoom app in use.
4.7 neoom will endeavour not to make changes to the system at times of high workloads.
4.8 neoom shall take state-of-the-art measures to protect the data backups. neoom shall, however, not be subject to any custody or care obligations with regard to the data.
4.9 All energy data of the Contractual Partner can be made available by neoom for a period of three months after receipt of the termination of the contractual relationship for the Contractual Partner and kept ready for retrieval, whereby no specific file format is promised by neoom. After the expiry of three months after receipt of the termination, neoom is entitled to delete the data, provided that the contract partner has been informed in the termination letter about the three-month period of storage including the holding ready for retrieval and the possible deletion thereafter. Personal data are excluded from these regulations. In the case of such data, the provisions of the Data Protection Act and the European General Data Protection Regulation shall apply exclusively. Also excluded from this regulation is data for which there is a legal obligation to retain it.

5. Place of performance, prices, payment modalities
5.1 The place of performance for delivery and payment is the registered office of neoom.
5.2 The prices quoted are in EURO.
5.3 The prices agreed at the time of conclusion of the contract shall be charged. The terms and conditions agreed with the Contractual Partner apply.

6. Obligations of the Contractual Partner
6.1 The Contractual Partner undertakes not to pass on his log-in data to third parties and to keep it protected from access by third parties. Irrespective of this, the contract partner undertakes to inform neoom immediately as soon as it becomes known that the log-in data is being used by third parties without authorisation. Neoom is entitled to block access to the neoom app if there is a justified suspicion that the login data is being used by unauthorised third parties. The contract partner will be informed of this and will be requested to change the log-in data accordingly. The access data can be changed by the contract partner at any time. Neoom does not assume any liability for the use of the access data by the contract partner.
6.2 The Contractual Partner undertakes to use the products and/or services in connection with the platform only within the scope of their intended purpose. In the event of infringement, misuse, illegal or unfair use of the neoom app by the contractual partner, neoom reserves the right to terminate the contractual relationship immediately and without notice.
6.3 The Contractual Partner shall be responsible for ensuring that the neoom app is not used in an unlawful manner.

7. Usage rights
7.1 neoom grants its Contractual Partner the non-exclusive, locally unlimited licence to use the neoom application. The neoom application is the neoom app and related tools or skills that are made available to the contract partner by neoom. A physical transfer of the neoom app to the customer does not take place.
7.2 This authorisation to use the work is limited in time to the term of the respective contract.
7.3 In any case excluded from this permission to use the work is the right to edit, change and supplement without prior written consent by neoom.
7.4 The use of the works which are the subject matter of the contract shall be exclusively in accordance with the provisions of this permission to use the works and in particular only in connection with the performance of the contract by neoom or the Contractual Partner.
7.5 A violation of the terms of use entitles neoom to prohibit the further use of the contractual works, as well as to block access to the neoom app immediately - without prior notice - in case of misuse.
7.6 For standard software supplied, those licence conditions shall apply which the Contractual Partner concludes directly with the respective manufacturer.
7.7 neoom provides the neoom app as an app-based solution.
7.8 Open-source software tools are also used by neoom. A list of these open-source software tools can be provided upon request.
7.8.1 The provisions of the Creativ Common License and the provisions of the Open Data Commons Open Database License are not limited by the provisions of these GTC in case of contradictions. With regard to the open source parts used in the neoom App, the warranty and liability limitations of the aforementioned license provisions shall apply.

8. Copyrights
The neoom app distributed by neoom is, insofar as parts of the neoom app are not open-source, the intellectual property of neoom.

9. Performance disruptions
9.1 neoom does not warrant that the neoom App is error-free and fully functional at all times and beyond the state of the art prevailing in the professional IT industry. It is expressly stated that no guarantees and/or assumption of risk of success are given on the part of neoom, in particular but not exclusively with regard to a particular suitability of the neoom app for a specific purpose.
9.2 neoom does not guarantee a specific response time of the neoom app. Response time is understood to be the time between the sending of a request until the response of the neoom app is received.
9.3 neoom is entitled to carry out maintenance work on the neoom app at any time and without prior notice (in particular by installing updates, maintaining databases and eliminating errors). The availability of the neoom app will be affected by the maintenance work. This maintenance work may also lead to a complete breakdown of the neoom app. Restrictions in the availability of the neoom app due to maintenance work do not entitle the contract partner to claim a reduction in his obligation to perform or a penalty.
9.4 It is expressly stated that in the event of a failure of the neoom app or the occurrence of errors due to defects, neoom is not obligated to remedy the defect within a certain time.
9.5 neoom does not provide any warranty for the data made available in connection with the neoom app.

10. Data protection
Within the scope of the use of the neoom app, personal data of Contractual Partners and/or end customers are processed. More detailed explanations can be found in the data protection declaration, available at https://neoom.com/en/policy-app?hsLang=en.

11. Amendment of the GTC
11.1 In accordance with the provisions of this item, neoom is entitled to amend the GTC at any time and without stating reasons.
11.2 neoom shall notify the Contractual Partner by e-mail of the entry into force of the new GTC. The new GTC are deemed to be agreed if the customer has not objected to their validity within fourteen days after receipt of the e-mail. The objection must be made in writing and can also be made by e-mail. The Contractual Partner shall be informed in the e-mail of the possibility of objection, the deadline and the consequences of inaction. In case of a timely objection, the contractual relationship can be terminated by neoom as well as by the Contractual Partner.
11.3 In the event of a conflict between these GTC and the respective supplementary provisions, the supplementary provisions shall take precedence in the individual case.

12. Miscellaneous
12.1 These GTC shall be governed exclusively by Austrian law to the exclusion of international rules of reference and the UN Convention on Contracts for the International Sale of Goods.
12.2 Should any provision of these GTC be or become legally invalid or unenforceable in whole or in part, this shall not affect the legal validity of all other business provisions.

13. Rights of withdrawal
13.1 The Contractual Partner has the right to revoke this contract within fourteen days without giving reasons.
13.2 The withdrawal period is fourteen days from the day of the conclusion of the contract.
13.3 In order to exercise the right of revocation, the Contractual Partner must inform neoom (neoom international gmbh, FN 421620 f, Industriestraße 6, 4240 Freistadt, telephone number, fax number and e-mail address) of its decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, the contract partner may also fill in and transmit a clear declaration electronically in the neoom application. If the contract partner makes use of this option, neoom will immediately transmit (e.g. by e-mail) a confirmation of receipt of such revocation.
13.4 In order to comply with the withdrawal period, it shall be sufficient for the Contractual Partner to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
13.5 Consequences of revocation: If the Contractual Partner revokes this contract, neoom shall repay all payments received without delay and at the latest within fourteen days from the day on which the notification of revocation of this contract was received. For this repayment, neoom shall use the same means of payment that was used for the original transaction, unless expressly agreed otherwise; in no case shall fees be charged due to this repayment.
13.6 If the Contractual Partner has requested that the services begin during the cancellation period, the Contractual Partner shall pay a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which neoom was informed of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.