1. Scope

1.1. These general terms and conditions (hereinafter referred to as “GTC”) apply to the acquisition of software licenses (“license”; “product”), which are provided by CYBERTRAP Software GmbH, FN 433346z, Modecenterstrasse 22, 1030 Vienna (hereinafter referred to as CT; references to “us”, “we” or “our” shall be construed accordingly) offered on the website https://doctracker.net (“Site”) and may be downloaded for installation on Windows devices (“Supported Devices”). The contractual partner is hereinafter referred to as “licensee” for short (references to “you” or “your” are to be interpreted accordingly).

1.2. The current catalog of our products is available on the website. Our licenses are offered as time-limited work usage permits. The purchase of a license is also referred to as “subscription” for short in the following.

1.3. By accepting our offer or by submitting an offer to us, you agree to these General Terms and Conditions. We do not accept deviating agreements, ancillary agreements, conditions of purchase or general terms and conditions of licensees as part of the contract unless their validity has been expressly approved in writing. Actions taken by us to fulfill the contract do not constitute such consent.

2. Conclusion of the contract

2.1. CT’s offers on the website are generally non-binding.

2.2. Subscriptions can only be purchased online through the website. In order to take out a subscription, it is necessary to create a customer account. You are obliged to provide all information truthfully and completely when creating your customer account.

2.3. All offers made by you to conclude a subscription require our subsequent acceptance. There is no obligation on our part to accept your offer. A contract between you and us is only concluded with our express acceptance or activation of the subscription.

2.4. By clicking on the “Complete purchase” button, you place a binding order for the selected subscription. After sending the order, a confirmation of the order will be sent to the e-mail address you provided. The contract is concluded with the confirmation of the order. This order confirmation contains all order data as well as the link for installing the software and forms the contract together with the General Terms and Conditions.

3. Subscription

3.1. You can select the number of licenses (= the number of end devices on which the software is to be installed) on the website. “All” device subscriptions are limited to the supported devices you own.

3.2. The minimum term of a subscription is 12 months. After the first license period expires, your subscription is automatically renewed for a year. This automatic renewal of your subscription for a further year will be carried out after the end of each additional license period until you cancel your subscription.

3.3. The license is valid for the term of the subscription and for the selected number of devices. The term begins on the day the contract for the subscription is concluded.

3.4. After purchase, you can view your subscription or change auto-renewal settings at any time through your customer account (“My Account”).

4. Delivery and Technical Requirements

4.1. Unless otherwise agreed in detail, software is made available by us electronically via a link. After you have placed your order, the link will be sent to the address you have given us by e-mail together with our order confirmation.

4.2. Installation instructions, the text of these Terms and Conditions governing the software and user documentation are provided with the software.

4.3. The installation is to be carried out by the licensee himself and is not part of our service.

4.4. The software can only be installed on Windows devices (“Supported Devices”).

5. Grant of Rights and Rights of Use

5.1. Subscription gives you the (non-exclusive and non-transferable) right to install the software on the selected number of supported devices and run the software according to its functionality for the duration of the subscription.

5.2. The Software may not be reproduced, adapted, translated, made available, distributed, modified, disassembled, decompiled or combined with any other software, except as permitted (i) by these License Terms or (ii) by applicable law, in particular §§ 40 d and 40 e copyright law expressly permitted.

5.3. We reserve the right to add, change or remove product features during the term of your subscription. In any case, the main functionality of the software will be retained by such changes.

5.4. Unless renewed, your rights to use the software will end upon expiry of your subscription term.

6. Fee and terms of payment

Unless otherwise agreed in detail, the tariffs according to the website and the following provisions apply:

6.1. The amount charged at purchase is the price for the first subscription period for the selected number of licenses.

6.2. Renewing your subscription: The tariff valid at the time of renewal applies. We expressly reserve the right to change prices. If the tariff has changed from the tariff in effect when you subscribed or the tariff at the time of last renewal, you will receive a notification from us prior to the automatic renewal of your subscription.

6.3. Our prices are in the specified currency exclusive of sales tax. If taxes, fees or charges become due as a result of the conclusion or execution of the contract, these are to be borne by you.

6.4. We support the payment options as listed on the website. The subscription will only be activated after payment has been received. We reserve the right to change the payment options.

6.5. You are not entitled to offset unless the counterclaim has been legally established or recognized by us.

7. Termination

7.1. You can cancel your subscription by turning off auto-renewal in your customer account. In this case, your subscription will be deemed to have been canceled at the end of the current license period.

7.2. We have the right to terminate for good cause if you breach your obligations under these GTC.

7.3. If we terminate your subscription for an important reason, you are not entitled to a refund of any fees paid. In this case, you must bear all the damage and costs incurred by us as well as our loss of profit. In the event of a delay in payment, interest on arrears will be charged in accordance with § 456 UGB (corporate law of Austria).

8. Force Majeure

If we are unable to provide our service due to force majeure, labor disputes, natural disasters, pandemics, political conflicts or other circumstances beyond our control, we are released from our obligation to perform or are entitled to provide our service again within a reasonable period of time after the obstacle has been removed .

9. Warranty

9.1. We would like to point out that, given the current state of science and technology, it is not possible to rule out errors in software under all application conditions. We therefore do not guarantee uninterrupted or error-free use of the software, nor that we will correct all errors. The functionality of the software is based on the description in the user documentation.

9.2. A prerequisite for the rectification of the defect is that

• you describe the defect sufficiently in an error message and this is understandable for us;
• you provide us with all documents necessary for troubleshooting;
• you or a third party attributable to you have not interfered with the systems
• the software is operated under the intended operating conditions
• you enable all measures required for the investigation and rectification of defects.

9.3. You agree that we may use one of our contractual partners in Germany or abroad to fulfill our warranty obligations or subcontract services to these companies.

9.4. We assume no liability for errors, faults or damage caused by improper operation, use, maintenance or installation, non-compliance with the instructions provided for the software supplied, modified operating system components, interfaces and parameters, use of unsuitable hardware and data carriers, insofar as such are prescribed, are due to abnormal operating conditions (particularly deviations from the installation conditions).

10. Liability

10.1. We are only liable to you for demonstrably culpable direct damage in the case of gross negligence. This also applies to damage that can be traced back to third parties we have called in. Liability for slight negligence as well as indirect damage or consequential damage – such as lost profits, costs associated with a business interruption, loss of data or claims by third parties – is excluded to the greatest extent possible.

10.2. Claims for damages become time-barred in accordance with the statutory provisions, but no later than 6 (six) months after knowledge of the damage and the person causing the damage.

10.3. The above limitations or exclusions of liability apply to all claims for damages, regardless of the legal basis, in particular for pre-contractual and ancillary contractual claims, also for liability for damage that did not occur on a product itself, as well as for indirect and direct damage (e.g.: frustrated expenses , lost profits, anticipated savings, corruption or loss of data). Mandatory legal liability based on the Product Liability Act and liability for personal injury remain unaffected.

11. Notices

11.1. Unless otherwise stipulated in these GTC, all notifications and other communication in connection with this contractual relationship can be sent by post with sufficient postage, by fax or by e-mail to the address given under point 1.1 and to the last address you gave us in writing be delivered.

11.2. You are obliged to notify us of any changes to your business address as long as the subscription is active. If the notification is omitted, declarations are also deemed to have been received if they are sent to the address last known to us.

12. Privacy and Confidentiality

12.1. When using our software products, our data protection information must be observed. You can find these on the website and in the software installation package. You and your employees undertake to comply with all applicable data protection and confidentiality regulations.

12.2. We will only process your personal data to the extent permitted by law and secure it against unauthorized access. The terms of our privacy policy apply.

13. Miscellaneous

Should individual provisions or parts of these GTC or a condition within the framework of another agreement be or become ineffective, this shall not affect the effectiveness and validity of other provisions. In the event of the legal ineffectiveness of a condition of these GTC or any other contractual provision, it is deemed to be replaced by one that comes closest to the content of the legally ineffective condition.

14. Final Provisions

14.1. You may not assign your rights under these Terms and Conditions to any third party without our consent.

14.2. If a party temporarily waives or omits to enforce its rights under these GTC, or if it grants the other party a time limit, such party’s rights shall nevertheless remain unaffected. A waiver of any breach of the Terms and Conditions shall not be construed as a waiver of any subsequent breach.

14.3. The law of the Republic of Austria applies to these GTC and all contracts concluded on the basis of the same, excluding its reference standards and the provisions of the UN Sales Convention. For the decision of all disputes arising from a contract, the exclusive jurisdiction of the objectively relevant courts in Vienna is agreed.

Version of March 1st, 2023