Nutzungsbedingungen

Welcome to Belegscanner.at (“We”, “Us”, “Our”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you or any users you authorize under your account may access and use the products and services offered or operated by Belegscanner.at (“Products and Services”), including Products and Services provided by our third party Products and Services vendors (“Terms of Use” or “Agreement”).

Please read the Terms of Use carefully before you start or authorize any users under your account to use our Products and Services. By registering for use of these Products and Services, you represent you are at least 18 years of age and agree to be bound by these Terms of Use on behalf of yourself and any authorized users. If you do not agree to these Terms of Use, you must not access, use or authorize use of the Products and Services.

Please check these Terms of Use periodically for changes as every term in this agreement is subject to amendment. We reserve the right to change these Terms of Use at any time; Provided however, you have the right to reject such amendment or cancel the contract without cost, penalty or cancellation indemnity by sending the company a notice to that effect no later than 30 days following such amendment. Your continued use of the Products and Services following this 30 day period means that you agree to such changes.

I. General Provisions

1. Use of the Products and Services

Belegscanner.at provides Products and Services to easily scan receipts data to manage their financial expenses. The Products and Services require your supervision and you understand that, despite your efforts, individual user’s results will vary for a variety of reasons. Belegscanner.at cannot guarantee that all receipts issued in Austria after 1/1/2018 are issued with a QR-code neither that that code is valid. Belegscanner.at may use third parties, in whole or in part, to provide Products and Services. Please note, not all Products are available in all jurisdictions. Please see the applicable Product and Services description to see which Products and Services are available in your country. The Products and Services may be updated or discontinued from time to time.

2. Registration

You are required to register for the Products and Services and provide certain information about yourself. All information we collect about you in connection with the Products and Services is subject to our Privacy Policy. By using the Products and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You will receive a user account for our personal use that requires a username and password. You are responsible for all actions that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the Products and Services, and notify Belegscanner.at promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Products and Services.

3. Term

The term of this Agreement will begin upon your successful registration and the activation of the Products and Services by Belegscanner.at and will continue until you cease using the Product or Service unless a term is otherwise set forth in the registration. For those Product or Services subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.

4. Termination

(I) Belegscanner.at reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the Products and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Belegscanner.at determines in its discretion may have an adverse effect on Belegscanner.at or its reputation.

(II) You may terminate this Agreement for convenience upon written notice to Belegscanner.at or its vendor or through the applicable cancellation process. Belegscanner.at may terminate for convenience upon sixty (60) days written notice. Upon termination for convenience, Belegscanner.at will refund any unused, pre-paid fees for the portion of the remaining Term, if applicable, using the same means of payment as you used for the original transaction unless you expressly agreed otherwise. You shall be responsible for any transaction fees associated with such refund.

(III) Upon termination, you will no longer have access to the Products and Services. In addition to termination, Belegscanner.at reserves the right to pursue any and all remedies available to it.

5. Fees

Products and Services fees for the Term will be paid in advance due upon registration and renewal, as applicable or upon scheduling certain Services. Where the transaction takes place via an online store such as iTunes or Google Play, such store sends the client a receipt which lists the product, the price and Belegscanner.at as seller. In this instance, the purchase and payment process shall take place via the client‘s online store account. The online store’s GCU, over which Belegscanner.at has no influence, apply. You acknowledge that access to the Products and Services many be suspended until payment is received in full. Unless otherwise stated, all Products and Services Fees are inclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Products and Services, excluding any taxes based on Belegscanner.at’s net income.

6. Intellectual Property

Except for the limited license and use rights expressly granted to you under this Agreement, all title to and the rights in the Products and Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Belegscanner.at’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Belegscanner.at and/or the applicable third party.

7. Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy available at III. Privacy Policy. You agree not to reveal or disclose any of Belegscanner.at’s confidential information, which includes non-public information related to the Company software, documentation or information relating to pricing, discounts, this Agreement, errors in the Software and other competitive or proprietary data (i.e., business, technical or financial information) or information a reasonable person would conclude is confidential, without Belegscanner.at’s written agreement.

8. Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Products and Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

9. Content

The information presented on or through the Products and Services is solely for informational purposes. We make reasonable efforts to maintain current information but we cannot guarantee that the content is complete or up-to-date.

We may provide access to third party content, technology or services (“Third Party Content”) as a convenience to you. Belegscanner.at does not endorse, recommend, or otherwise make any representations, warranties or conditions with respect to such Third Party Content. Belegscanner.at does not have any control or responsibility for such Third Party Content and we encourage you to review the applicable third party’s Terms of Use and privacy policies.

10. Trademarks

Trademarks, Products and Services marks, graphics and logos used in connection with the Products and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Products and Services are owned by Belegscanner.at, its service providers or other third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Products and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the Products and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Belegscanner.at or the applicable owner.

11. Disclaimer and Limitation of Liability

The Products and Services are provided on an “as is” basis and use of the Products and Services is at your sole risk. The company, its officers, directors, agents, employees, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, third party content or that the product or services will be error-free or uninterrupted. No oral advice or written information given by the company its officers, directors, agents, employees, contractors, or third-party service providers will create a warranty.

Except where prohibited by law or public policy, in no event will the company, its officers, directors, agents, employees, contractors, or third-party service providers be liable for any (1) any amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the Products and Services, including but not limited to reliance by you on any information obtained from the Products and Services, regardless of the form of action.

12. Indemnity

You agree to defend, indemnify, and hold Belegscanner.at, its officers, directors, partners, agents, employees, contractors, licensors, suppliers and third party service vendors, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the Products and Services.

13. Miscellaneous

All users agree (1) that all matters relating to access to or use of the Products and Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions (2) to the personal jurisdiction by and venue in Vienna, Austria, and (3) waive any objection to such jurisdiction or venue and the
right to trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these terms and conditions or the products and services.
The failure of Belegscanner.at to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Belegscanner.at of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Belegscanner.at and you or any other party be deemed to modify any provision of these Terms of Use. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. The Products and Services are not available to all persons or in all geographic locations. Any offer for any Product or Service is void where prohibited.

14. Language

The parties acknowledge that they have agreed that this agreement and all related documents be drawn up in the English language.

 

II. Product and Service Specific Provisions

1. QR-Code on receipts

As legislated by the Austrian government all receipts in issues after 12/31/2017 must include a machine readable summary of the receipts contents. Belegscanner.at gives the user an easy tool to manage this data. Belegscanner.at, and its third party service vendors support your self management of receipts.

2. License Grant

During the term of this Agreement, Belegscanner.at grants you a non-exclusive, non-transferable, non-sublicensible, revocable and limited right to access and use the Products and Services and any documentation made available to you by Belegscanner.at solely for purposes of your personal use of the Products and Services in accordance with the terms of this Agreement. The Products and Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Products and Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Products and Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Products and Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the Products and Services are granted to you, and all such licenses and rights are hereby expressly reserved.