"Reportery" is a brand of nexxar GmbH:
- nexxar GmbH
- Mariahilfer Strasse 121b/4
- 1060 Vienna, Austria
Reportery is a cloud-based Software-as-a-Service (SaaS) solution, that enables small stock-listed companies, SMEs, startups and other organisations to create engaging summary versions of their company reports as interactive microsites. Reportery makes it easy for everybody to build their own online report summary without either having specialist skills in terms of design, animation or programming. Our solution provides you with pre-defined layout templates, that can be customised to meet basic needs of your corporate design.
1. Validity and conclusion of contract
It is noted that the customer is an entrepreneur within the meaning of section 1 of the Austrian Commercial Code (UGB) and that this contract is no founding transaction within the meaning of section 1(3) of the Austrian Consumer Protection Act (KSchG).
Any other conflicting terms and conditions (e.g. GTC) of third parties (e.g. the Customer) shall only apply in the event of an express written confirmation. This shall also apply in the event that the Customer bases the conclusion of the contract on its own GTC, even if nexxar does not object thereto upon knowledge thereof.
After submitting the form, the customer will receive an email to confirm his email address. After confirming the email address, the customer will receive access to the platform.
Registration is required to use the platform. For registration, the customer needs an e-mail address and a password chosen by him. An e-mail is sent to the customer to confirm the registration. The customer is obliged to provide truthful and complete information during registration. nexxar reserves the right to check the accuracy in individual cases.
There is no right to registration. nexxar is entitled to refuse a registration without giving reasons.
3. Obligations of the customer
In order to be able to use the services of the platform to the full extent, the customer must use the latest (browser) technologies or enable their use. If older technologies are used, the customer may not be able to use the services to the full extent.
The customer shall treat the access data (password, username) as strictly confidential and protect them from unauthorised access by third parties. If the Customer discloses the access data (password, username) to third parties, he shall be liable to nexxar for any damage caused as a result thereof.
Customer may only use the service to promote their own organisation.
If the customer publishes data, the customer is obliged to provide accurate and truthful information and to observe all applicable laws, in particular, data privacy regulations and trade secret regulations. Furthermore, the customer ensures that all information or material which has been submitted to or published through Repository does not infringe any laws or regulations or infringes the rights of third parties (see also article 9 below).
Customer may not publish or save information within Reportery which is secret and cannot be published (restricted information). No trade secrets or other sensitive (financial) information, which Customer does not have the right to publish, can be stored, saved, or otherwise submitted in the platform.
The customer is obliged to ensure an appropriate backup of the data.
4. Duration and termination
The contractual relationship concerning the free use of the platform is concluded for an indefinite period. The customer has the right to terminate the contractual relationship at any time without notice and to delete the account.
nexxar has the right to terminate the contractual relationship by giving one month's notice to the last day of the month. Furthermore, we are entitled to terminate the contractual relationship with immediate effect for good cause. Important reasons are in particular:
- - The provision of false data;
- - Violation of third-party rights (in particular data protection, copyright or personal rights);
- - Violation of other legal provisions.
The registration and publication of projects on the platform are free of charge. Any costs of data transfer to the network operator or similar arising in connection with the use of the platform shall be borne by the customer.
In case of nexxar terminating the free use of the platform, the termination provisions of these terms apply and the customer gets the possibility to conclude a separate contract.
6. Service availability / decommissioning / changes
nexxar does not guarantee the constant availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure) which are not within the sphere of influence of nexxar and are therefore also beyond its control, e.g. internet access by users, cannot be excluded.
nexxar shall have the right to shut down all or part of the Service which is the subject of this Agreement if its safety or the safety of any Customer is at risk. This right of nexxar shall also exist if the continued operation of the Service or parts of the Service is economically unreasonable for nexxar. nexxar shall notify the customer of such measures without undue delay.
nexxar may also, at its own discretion, change the content and scope of the services, change or discontinue individual features. Services may also be limited in its technical application (e.g. compatible devices). Customer will be informed of such changes.
nexxar does not warrant or guarantee the availability of its services or individual features within the scope of the free service. Customer acknowledges that features and services may change within the duration of this contract.
The parties shall only be liable for compensation for damage culpably caused. They shall not be liable for slight negligence. In the event of gross negligence, the amount of liability shall be limited to the value of the delivery/service concerned (excl. taxes and fees), in the case of recurring services to the remuneration of the previous year. Limitations of liability do not apply to compensation for personal injury. Claims for damages shall in any case include only the mere repair of damage, but not consequential damages, loss of profit or claims by third parties.
Claims for damages must be asserted in court at the latest within six months after knowledge of the damage and the damaging party, otherwise they will be forfeited.
The customer is required to prove that any damage suffered by it is due to nexxar's fault. The injured party must also prove that he/she is not at fault for the damage incurred. This applies to all forms of fault (slight/gross negligence, intent).
Liability for loss of data is excluded, the customer is obliged to make appropriate backups of the data.
For violations of third-party rights or articles 3 and 9 in particular, customer indemnifies and holds nexxar harmless from all such claims.
To the extent that nexxar's online services offer the possibility of accessing websites, database services etc. of third parties, e.g. through links, nexxar shall not be liable in any way for the accessibility, existence or security of such databases or services, nor for their content. Liability, if applicable, shall only be considered within the scope of the ECG subject to the limitations agreed herein.
8. Data protection
nexxar complies with the applicable provisions of data protection law, in particular the Austrian Data Protection Act (DSG) and the General Data Protection Regulation (GDPR). For the use of the platform, nexxar processes the customer data (e.g. e-mail, content, communication, names) in order to fulfil this contract for the duration of it and afterwards for the statutory retention period of the Austrian tax code (BAO).
Regarding the data that nexxar processes for the customer, or customer publishes on the nexxar platform, the customer is controller within the meaning of the GDPR. The DPA attached to these terms applies.
9. Copyright and Intellectual Property
Customer confirms that all material or information uploaded and/or published through Reportery are the Intellectual Property of Customer or the necessary consents or licenses have been obtained. For this purpose, Customer grants nexxar a non-exclusive license to use all information or material for the commercial purpose of providing the service of Reportery and confirms that no third-party rights have been violated or infringed.
11. Applicable law
This contract is governed by Austrian substantive law, excluding the mandatory rules of private international law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.
12. Final provisions
Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions.
The contractual language is English.