General Terms and Conditions (GTC) - WineSign.io

January 2024

  1. General
  2. WineSign.io (hereinafter referred to as the "Provider") provides the software of the same name as Software-as-a-Service (hereinafter referred to as the "Software"), subject to the conditions of these General Terms and Conditions (GTC). These "GTC" set the legal framework between the Provider and users of the E-Label platform (hereinafter referred to as "user"). The Provider and user are collectively referred to as "Partners."

  3. Registration and Access to the E-Label Platform
    1. Registration is required before concluding a contract or subscription. The user provides all necessary information during registration.
    2. By registering, the user confirms to act as a business and not as a consumer.
    3. The Provider may accept or decline the registration.
    4. After registration, the user receives an email to verify their email address.
  4. Conclusion of Contract and Contract Language
    1. A contract is concluded with the confirmation of the payment transaction by the user.
    2. The Provider is free to reject customers.
    3. The contract is concluded exclusively in the German language.
    4. The Provider may provide the contract text along with GTC via a link.
    5. The user must ensure that their email address is reachable for the ordering process.
  5. Usage Rights
    1. The software is provided to the user online. The user may pass on the use of the software to employees. Any use beyond this is prohibited.
    2. The software may only be used by a single company per account.
  6. Accessibility of the Software
  7. The E-Label platform is offered subject to availability. The availability of the servers for the E-Label software is at least 99% on an annual average. Maintenance work is carried out, if possible, during low usage times.

  8. user's Obligations
    1. The user is obliged to create the technical requirements for using the software.
    2. The user must protect their access data and report unauthorized access immediately.
    3. The user may not upload unlawful data.
    4. The user is responsible for the security of their data input. The Provider performs daily system backups, but the user is responsible for their data.
    5. In case of misuse, the Provider can block access and initiate legal steps.
    6. The user is obligated to test each individual QR code for correct functionality before printing the labels.
  9. Payment Conditions
    1. The remuneration is based on the annual fees determined by the Provider.
    2. The Provider may adjust the remuneration to respond to special cost changes. Changes take effect at the next invoicing after announcement.
    3. In case of payment difficulties for the user, the Provider may refuse the Software and terminate the contract.
    4. Objections to the billing must be raised within 30 days.
    5. The fee for the Software may be adjusted annually based on the inflation rate. The basis is the average inflation rate in the European Union: https://www.ecb.europa.eu/stats/macroeconomic_and_sectoral/hicp/html/index.en.html
  10. Disclaimer of Warranty
  11. The Software is provided "as is" and "as available," and the Provider makes no warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Provider does not guarantee that the Software will meet your requirements, be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Software will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through the Software will meet your expectations.

  12. Limitation of Liability
    1. The Software was developed to the best of our knowledge and belief in such a way that it meets all the legally required requirements of EU Regulation 2021/2117 and EU Directive 97/129/EC as far as possible. However, the provider, its employees, partners, or suppliers assume no liability for direct or indirect damages including, but not limited to, financial losses, data losses, or other intangible losses that arise from the use of the software.
    2. The user indemnifies the Provider from third-party claims.
    3. The user is solely responsible for the accuracy of the information provided in the imprint/backend. If an essential function in the backend is not provided, the user is responsible for informing the operator.
  13. Term and Termination of the Contract
    1. The contract begins with registration and confirmation of the subscription.
    2. The term of the contract is one year and automatically extends if not terminated in due time. The notice period is 1 month.
    3. Termination can be made in text form. In the case of premature termination by the user, there is no entitlement to a refund.
    4. If a subscription is not renewed, the landing pages will no longer be delivered and will therefore no longer be accessible via the QR codes.
  14. Data Protection - Confidentiality
  15. The Provider treats all business transactions confidentially and also obligates third parties to do so.

  16. Modification of the GTC
    1. The Provider may change the GTC for factual reasons and will inform existing customers two weeks in advance.
    2. In case of objection, the Provider may terminate the contract without notice. The objection period is four weeks.
  17. Final Provisions
  18. This contract is subject to Austrian German law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is A-3500 Krems.