1. Preamble
1.1. Conota e.U., owned by Michael Kostner, located at Dreiheiligenstraße 21a, 6020 Innsbruck, Austria (hereinafter referred to as the "Provider"), offers the Conota Application ("Application" or "App") in the most current version available at the time of contract conclusion. Conota is a specialised camera app developed specifically for professional use, featuring a range of functions focused on documentation, media creation, and related tasks. The Provider is committed to ensuring the Application remains as practical and efficient as possible and, therefore, reserves the right to modify the Application at any time and for any reason.
1.2. These Terms of Use govern the relationship between the Provider and the users (collectively referred to as the "Users").
1.3. Gender-neutral language is used throughout this document solely for readability and without any intention to discriminate. All genders are equally addressed.
1.4. Users include both entrepreneurs within the meaning of §1(1) Austrian Consumer Protection Act (KSchG) and consumers within the meaning of §1(2) KSchG.
1.5. When using the Application on a paid basis, either the Provider's Licence Agreement or Google LLC's Terms and Conditions will also apply, depending on the respective contractual partner. Google LLC's Terms and Conditions may apply particularly in the case of in-app purchases. You can find Google LLC's Terms and Conditions at the following link: https://play.google.com/intl/en/about/play-terms/. The Provider's Licence Agreement can be accessed at the following link https://sites.google.com/view/conota-terms.
2. Scope of Terms
2.1. These Terms of Use define and regulate the use of the Application, as well as any associated commercial, non-commercial, and administrative activities.
2.2. By using the Application, Users agree to comply with these Terms of Use.
3. Terms of Use
3.1. Users are required to provide truthful, accurate, and complete information throughout the business relationship and must ensure their details remain up to date at all times. If a User suspects any misuse of the Application by third parties, they must inform the Provider immediately.
3.2. Users must refrain from any activity that could impair or disrupt the application's technical functionality, including cyberattacks. Such behaviour will be subject to criminal prosecution.
3.3. Users are solely responsible for providing and maintaining the necessary infrastructure to ensure proper application use. The Provider is not obligated to provide advice or recommendations regarding such infrastructure.
3.4. The device used to access the Application must have a stable internet connection. Users are responsible for any costs incurred due to internet usage or other provider charges.
3.5. The Application may only be used by persons aged 14 and above. Individuals under 14 may only use the Application with consent from their parent, guardian, or responsible supervisory adult.
4. User Conduct and Content Guidelines
4.1. Users must ensure compliance with applicable laws, regulations, and ethical standards when uploading or creating content using the Application. Users shall not infringe upon the rights of third parties (including trademark, copyright, image rights, privacy, or confidentiality obligations).
4.2. Specifically, users must not publish or distribute content involving:
· Incitement of criminal offences or illegal activities.
· Promotion or encouragement of racism, discrimination, or hatred against individuals or groups.
· Extremist views, violence, or incitement to violence.
· Threats or harm directed at any individual or entity.
· Defamatory or offensive statements, harassment, bullying, or invasion of personal privacy.
· Breach of fair competition laws.
· Sexually explicit, pornographic, obscene, or indecent materials.
· Violation of intellectual property rights or confidentiality agreements.
4.3. Users must strictly adhere to applicable laws and regulations when uploading or sharing content. This includes compliance with criminal law, competition law, youth protection laws, and respecting third-party rights such as intellectual property, trademark, image, personal, and data protection laws.
4.4. Users must respect the privacy and personal rights of other users. It is strictly prohibited to reveal the identity of other users or publish information from private communications, such as private messages, emails, or messenger conversations, that was not intended for public disclosure.
4.5. Scraping (web scraping, crawling) of any information published within the Application is strictly prohibited.
4.6. The Provider explicitly prohibits the reproduction or automated analysis of content via text mining, data mining, or similar methods. Additionally, using content from the application to train general-purpose artificial intelligence (AI) systems or AI models is strictly forbidden.
4.7. All content provided within the Application is protected by intellectual property rights belonging to the Provider or third parties. Users are explicitly prohibited from modifying, copying, distributing, or otherwise using or exploiting the provided content in ways not expressly permitted by these Terms of Use.
4.8. The Application creates and stores various types of media, including photos, videos, audio files, documents, and other files, directly on your device's local storage. These stored media files may contain personally identifiable or sensitive information. This information may include, but is not limited to, the content itself (images, video, audio, or text), location data (address and coordinates), date and time stamps, device model details, and additional data entered into the Application such as notes, reference numbers, project names, or company information. This data can be embedded directly within the media, such as through watermarks, in the filenames, or within the file metadata (e.g., Exif or XMP metadata). Sharing or granting access to these media files could unintentionally expose sensitive information. The Provider accepts no responsibility or liability regarding how users utilise, share, or grant access to media files created through the Application, nor for any unintended disclosure of information contained within such media. Users are solely responsible for maintaining the security of their devices and controlling access to both the Application and the media stored within it.
5. Usage Rights
5.1. The Provider grants the User a non-exclusive, non-transferable licence, limited in duration, content, and geographical scope, permitting the User to use the Application solely for the purposes defined in this contractual relationship. Ownership and all related intellectual property rights in the Application remain exclusively with the Provider.
5.2. Users are permitted to use the Application exclusively for the purposes intended by the Provider.
5.3. Decompiling or reverse-engineering the Application is strictly prohibited.
5.4. Users may not remove, alter, or obscure any identification marks within the Application, including but not limited to copyright notices, trademarks, serial numbers, or similar identifiers.
6. Rights to Publish Information
6.1. The Provider reserves the right to use information published or provided by Users within the Application in any appropriate manner, ensuring no breach of the User's confidentiality interests occurs.
7. Right to Discontinue Application and Source Code
7.1. Since the Provider offers the Application free of charge to some Users, the Provider retains the right to modify, suspend, or discontinue access to the Application without prior notice.
7.2. Users acknowledge that the Provider has no obligation to provide source code, user manuals, or additional support.
8. Requests for changes
8.1. Users may suggest changes or customisations to the Application; however, the Provider is under no obligation to implement these suggestions.
8.2. When Users submit suggestions, recommendations, or feedback ("Feedback"), they acknowledge that such Feedback will be treated as non-confidential and, upon submission, will become the Provider's exclusive property. The Provider may freely use Feedback for any purpose, commercial or otherwise, without providing any recognition or compensation to the User.
9. Warranty and Liability Exclusion
9.1. As the Provider offers the Application free of charge to certain Users, all warranty and liability claims against the Provider are entirely excluded. This exclusion of liability does not apply to cases involving intentional misconduct.
9.2. The Provider does not guarantee the accuracy or completeness of information provided through the Application and accepts no responsibility for the correctness of such information.
9.3. While the Provider endeavours to make the Application available without disruptions, Users acknowledge that availability may occasionally be restricted due to maintenance, technical limitations, or other reasons beyond the Provider's control. The Provider is under no obligation to inform Users of planned interruptions or restrictions, nor to disclose the specific reasons for such interruptions.
9.4. The Provider emphasises that while considerable effort is invested to ensure the Application's functionality and versatility, certain features may not function fully or correctly without an active internet connection, a stable GPS signal, sufficient mobile data, or appropriate hardware such as sensors, adequate storage space, or battery capacity. The Provider accepts no liability if the Application's functionality is limited or unavailable due to these factors.
10. Amendments to the Terms of Use
10.1. The Provider reserves the right to modify these Terms of Use at any time. Users will be notified of any changes by the publication of the updated Terms of Use on the Provider's website at https://sites.google.com/view/conota-terms. Users have the right to object to any amendments. If a User does not object within 21 days of being informed of the changes, they will be deemed to have accepted the revised Terms of Use. The Provider will explicitly inform Users of the legal consequences of not objecting.
11. Data Protection and Confidentiality
11.1. The disclosure of data and information to specific business partners is only permitted where necessary to fulfil contractual obligations, comply with legal requirements, or protect legitimate interests (pursuant to Article 6(1)(b), (c), and (f) GDPR). In some instances, data processing may also be based on explicit User consent (Article 6(1)(a) GDPR).
11.2. Detailed information on data processing is available in the Provider's Privacy Policy.
11.3. The Provider may process User data for marketing purposes based on legitimate interests (Article 6(1)(f) GDPR). Users may object to such data processing at any time (Article 21(2) GDPR).
12. Restriction of Access to the Application
12.1. If the Provider has reasonable grounds to suspect that a User is using the Application unlawfully or inappropriately, the Provider reserves the right to suspend the User's access to the Application immediately and without prior notice. Such a suspension does not preclude the Provider from taking further legal action if necessary.
13. Governing Law and Jurisdiction
13.1. This contractual relationship shall be governed exclusively by Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any conflict-of-law provisions is expressly excluded. However, this choice of law must not deprive consumers of the protection afforded by mandatory legal provisions in their country of residence (pursuant to Article 6(2) of the Rome I Regulation).
13.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be the competent court in Innsbruck, Austria.
13.3. If the User is a consumer residing, habitually residing, or employed in Austria, any legal action against them may only be brought before the court with jurisdiction over their place of residence, habitual residence, or place of employment.
13.4. The place of performance for all contractual obligations shall be the Provider's registered office.
License Agreement
1. Scope of Agreement
1.1. Conota e.U. (hereinafter referred to as the "Provider") grants the Client access to the latest version of the Conota App (the "Application") under an on-premise software rental license agreement.
1.2. This License Agreement applies exclusively to individuals and companies intending to use the services for professional or commercial purposes, hence specifically businesses as defined under applicable laws.
1.3. The Client's General Terms and Conditions explicitly do not apply. The Provider's General Terms and Conditions (if applicable) are integral to this License Agreement. In the event of any conflict between this Agreement and the Provider's General Terms, this Agreement shall prevail.
1.4. Users of the Application must additionally comply with Conota's Terms of Use. Should there be discrepancies between the Terms of Use and this Agreement, the provisions of this Agreement shall take precedence.
2. Conditions of Use
2.1. The relationship between the Provider and the Client regarding the rental and usage of the Application shall be governed exclusively by this License Agreement, as effective at the time of contract conclusion.
2.2. An implementation phase may precede the usage of the Application. Any associated fees shall be invoiced according to the Provider's specific terms and conditions outlined separately.
2.3. The contractual users of the Application must additionally comply with Conota's Terms of Use.
2.4. Users of the Application must also comply with Conota's Terms of Use in addition to this License Agreement. Should any contradictions arise between the Terms of Use and this License Agreement, the provisions of this License Agreement shall take precedence as the more specific regulation.
3. Terms of Use
3.1. The Client is required to provide accurate, complete, and up-to-date information throughout the business relationship and must ensure that all data is handled confidentially. Should the Client suspect any misuse by third parties, the Provider must be informed immediately.
3.2. The Client must refrain from any actions that could compromise or disrupt the technical services provided by the Provider, including cyberattacks. Any such conduct will be subject to criminal prosecution.
3.3. The Client is fully responsible for the conduct of their employees and any other individuals attributable to the Client (e.g., freelancers).
3.4. In the event of unlawful use of the Application, the Provider reserves the right to deny the Client further access to the Application.
3.5. It is solely the Client's responsibility to establish and maintain the electronic infrastructure necessary for using the Application, including all required software and hardware. The Provider is not obligated to provide information or advice regarding these requirements.
3.6. The Client alone is responsible for ensuring that the Application does not process or store illegal content. The Provider accepts no liability for any unlawful use of the Application.
4. Payment Terms
4.1. All prices quoted by the Provider are stated in EUR unless expressly agreed otherwise. Unless clearly indicated, prices exclude VAT, which must be added accordingly.
4.2. The scope of the agreed services is defined by the package or offer selected by the Client.
4.2.1. In addition to the agreed licence fee for using the Application, the Provider may invoice extraordinary expenses at an hourly rate of EUR 150.00 plus VAT. If payment is made in a currency other than EUR, the Client is responsible for ensuring that the Provider receives the full amount due. Any exchange rate differences will be borne by the Client.
4.3. The prices valid at the time of the Client's order shall apply.
4.4. Payments are due immediately upon receipt of the invoice. Should invoices remain unpaid after 14 days, the Provider reserves the right to charge statutory default interest at an annual rate of 9.2% above the current base interest rate of the European Central Bank, effective from the original due date.
4.5. In the event of payment default, the Client agrees to reimburse the Provider for necessary reminder fees and collection costs incurred during the pursuit of outstanding debts. Reminder notices may incur fees of EUR 40.00 each.
4.6. If the Client's payment is overdue by more than 45 days, the Provider reserves the right to suspend the provision of services.
4.7. If the Client defaults on payment by more than 30 days, the Provider is entitled to demand immediate payment of the entire outstanding amount ("acceleration clause").
4.8. Payments are made in advance on a monthly or annual basis, depending on the subscription option chosen by the Client and the availability of the relevant offer. For subscription plans, payments may be charged automatically to the account provided by the Client.
4.9. The Provider reserves the right to annually adjust the agreed fees in line with inflation. Adjustments will be based on the Austrian Consumer Price Index (CPI 2020), published on the Statistik Austria website and valid at the time of the contract conclusion. The price change will reflect the average CPI variation over the twelve-month period preceding the adjustment.
5. Rights of Use and Source Code
5.1. The Client may only use the Application provided by the Provider for its intended purpose.
5.2. Upon full payment of all fees and associated charges, the Provider grants the Client a non-exclusive licence (in accordance with §24 para. 1 of the Austrian Copyright Act - UrhG, "Werknutzungsbewilligung") to use the Application. This licence ("Subscription Licence") is limited in duration to the subscription period and restricted geographically and functionally to the scope of the agreed business relationship.
5.3. Any sublicensing or further licensing of the Application is permissible only with the explicit written consent of the Provider.
5.4. Decompilation and reverse engineering of the Application are prohibited to the extent permitted by law. The Client is not entitled to modify the Application without the Provider's explicit approval.
5.5. Identifying features of the Application, including copyright notices, trademarks, serial numbers, or similar indications, must not be removed, altered, or obscured.
5.6. The Provider explicitly does not provide the source code of the Application.
5.7. The provision of a user manual is explicitly excluded.
5.8. The Client is authorised to use the Application for the number of users specified in the offer. Each user must have an individual account ("named user licence"). Registered users are strictly prohibited from making the Application available to unauthorised individuals. User accounts are strictly personal and must not be shared. Sharing user accounts constitutes copyright infringement and will result in legal action. The Provider reserves the right to monitor compliance with these licensing terms.
5.9. Unless otherwise agreed in writing, users may access the Application on up to two devices.
6. Service Levels
6.1. The Provider shall endeavour to respond to inquiries within 24 hours on business days.
6.2. The Provider aims for an annual Application availability rate of 99.0%. Scheduled maintenance and downtime due to force majeure are not included in the availability calculation.
6.3. It is expressly noted that the Application is hosted within the Client's own IT infrastructure. Downtime or failures not attributable to the Provider explicitly do not reduce the availability level agreed upon in this clause.
7. Client's Obligations
7.1. The Client shall reasonably assist the Provider on an ongoing basis in providing the Application, including granting remote or direct access when necessary. In particular, the Client is responsible for providing the Provider with the required information, data, and descriptions and must communicate any requests or specific requirements promptly and clearly.
7.2. In the event of necessary (security) updates for the Application, the Client shall permit the Provider to perform their installation.
8. Changes, Customisation, Upgrades, and Updates
8.1. The Client may propose changes to the Application (change requests or customisations); however, the Provider is under no obligation to implement these proposed changes.
8.2. Any proposed changes must be clearly detailed by the Client in the form of a written specification document.
8.3. Regular updates, i.e., application maintenance, are included in the ongoing licence fees.
8.4. Upgrades, meaning enhancements or significant improvements to the Application, are not included in the ongoing licence fees and must be paid for separately.
8.5. Unless otherwise agreed, the Provider may invoice additional expenses related to requested modifications or support services at an hourly rate of 150.00 plus VAT.
8.6. If the Client submits feedback or requests changes, the Client acknowledges that such submissions are non-confidential and will become the Provider's sole property (including all associated intellectual property rights) upon submission. The Provider is entitled to freely use the feedback for any purpose, commercial or otherwise, without acknowledgement or compensation.
9. Warranty, Limitation of Liability, and Indemnification
9.1. The quality and features of the Application provided are exclusively determined by the service description in effect at the time of contract conclusion.
9.2. The Provider is entitled to resolve any faults through economically and technically reasonable alternative solutions ("workarounds").
9.3. The Provider accepts no liability for damages arising from minor negligence.
9.4. In cases of minor negligence resulting in substantial damage, the Provider's liability is limited to the amount equivalent to the annual (net) licence fee already paid or payable by the Client.
9.5. Liability for damages resulting from data loss shall be limited to the amount that would have arisen if appropriate data backups had been maintained, but in any case, shall not exceed the annual licence fee.
9.6. Claims for damages made by the Client shall expire in accordance with statutory limitation periods, subject to a maximum of one year from occurrence.
9.7. The Provider accepts no responsibility for loss of profits or indirect financial losses.
9.8. The Provider aims to ensure uninterrupted access to the Application within the scope of its technical control. However, the Provider reserves the right to temporarily or permanently restrict access to the Application, fully or partially, due to maintenance work, capacity constraints, or other events beyond its control.
9.9. The Provider bears no responsibility for content created or published by the Client through the Application. The Client indemnifies the Provider against all third-party claims arising from actions for which the Client is responsible, including violations of third-party rights or breaches of applicable laws resulting from the Client's use of the Application.
10. Data Protection and Confidentiality
10.1. The disclosure of data and information to relevant business partners is permitted when necessary for the fulfilment of contractual obligations, legitimate business interests, or compliance with legal requirements (Article 6(1)(b), (c), and (f) GDPR).
10.2. The Application's source code constitutes a trade secret as defined by Section 26b of the Austrian Unfair Competition Act (UWG) and must be safeguarded with appropriate confidentiality measures.
10.3. The Provider advises that Client data may be processed for marketing purposes based on legitimate business interests (Article 6(1)(f) GDPR). The Client reserves the right to object to such data processing at any time (Article 21(2) GDPR).
11. Audit Clause
11.1. The Provider reserves the right to verify compliance with licence terms and lawful use of the Application. Additionally, the Provider may require the Client to provide documented proof of licensing and usage regulations compliance. The Client must respond truthfully to all requests relating to compliance.
11.2. The Provider is entitled to carry out compliance audits (Licence Audits), either remotely or on-site, after giving the Client at least 14 days prior notice. For these audits, the Provider may appoint an auditor or lawyer who is bound by professional confidentiality. The Provider shall make every reasonable effort to protect the Client's trade secrets, confidential business information, and data protection interests. Audits will be conducted during regular business hours, minimising disruption to the Client's daily operations. Each party shall bear its own audit-related costs. The Client is required to cooperate fully and provide the Provider with all necessary information during the audit. Failure to cooperate entitles the Provider to suspend the delivery of services, without prejudice to further legal claims.
12. Reference Clause
12.1. The Provider is entitled to reference the business relationship with the Client on its website and in other marketing or promotional materials. The Provider may also use the Client's logo for this purpose. This right continues to apply beyond the duration of the contractual relationship.
13. Contract Duration
13.1. This Agreement is governed by an annual subscription unless otherwise specified. It can first be terminated one year from the initial contract date, subject to one month's written notice. For example, if the contract is concluded on 29 September, the earliest termination date would be 29 September of the following year, provided that notice is given at least one month in advance.
13.2. For monthly subscriptions, the agreement can be terminated with one month's written notice, effective at the end of each monthly subscription period.
13.3. Both parties reserve the right to terminate the contract for just cause with immediate effect at any time.
13.4. Upon termination of the Agreement, any data stored within the Application will be deleted. The Client is responsible for ensuring a timely backup of such data before contract termination.
14. Governing Law and Jurisdiction
14.1. This contractual relationship shall be exclusively governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
14.2. The exclusive place of jurisdiction for any disputes arising from or in connection with this agreement is the competent court in Innsbruck, Austria.
15. Amendments to Licence Terms
15.1. The Provider reserves the right to amend these licence terms at any time. The Provider shall inform the Client of any amendments in writing. Notification will be sent to the email address most recently provided by the Client. If the Client does not object to the changes within 14 days following receipt of this notification, the amendments shall be deemed accepted.
16. Miscellaneous Provisions
16.1. Should any individual provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by appropriate alternative provisions which most closely reflect the intent of the original terms.
16.2. This agreement supersedes any previously concluded verbal or written agreements between the parties.
If you have any questions about our Terms of Use or License Agreement, do not hesitate to contact us at info@conota.app.
