Terms of Service
These Terms of Service govern the use of the software-as-a-service platform "SiteCare Log" operated by multivitamedia Markus Piribauer, Walcherstraße 5/1/48, 1020 Vienna, Austria (hereinafter "we", "us" or "Provider").
1. Scope of application
(1) These Terms apply to all contracts for the use of SiteCare Log concluded with business customers. Deviating terms of the customer shall only apply if we have expressly agreed to them in writing.
(2) If you use SiteCare Log as a consumer under EU law, mandatory consumer protection provisions remain unaffected.
2. Description of service
(1) SiteCare Log is a web-based application for managing clients, websites and maintenance activities and for generating reports. Access is provided via an internet browser.
(2) The exact feature set depends on the selected plan (Free, Pro, Agency) as described on our website.
(3) We strive for high availability but cannot guarantee uninterrupted access. Maintenance work, security updates and technical adjustments may result in temporary restrictions.
3. Registration and account
(1) To use SiteCare Log, you must create an account. You agree to provide accurate and complete information and to keep your login credentials confidential.
(2) You are responsible for all activities that occur under your account.
4. Fees and payment
(1) The Free plan is offered without charge. Monthly fees apply to Pro and Agency plans as displayed on the website. Prices are typically quoted in EUR and may be subject to VAT where applicable.
(2) Payments are processed via the external payment provider Stripe. By subscribing to a paid plan you authorise Stripe to charge the applicable fees at the agreed intervals.
(3) In case of payment default we may temporarily suspend access to the service until all outstanding amounts are settled. Our right to claim further damages remains unaffected.
5. Term and termination
(1) Paid plans are offered as monthly subscriptions and renew automatically unless cancelled in due time.
(2) You may cancel your subscription or downgrade to the Free plan at any time via your account settings. Cancellation takes effect immediately. Fees already paid are not refunded, unless mandatory statutory rights (e.g. right of withdrawal for consumers) apply.
(3) When downgrading from a paid plan to the Free plan, the data deletion processes described in the application are triggered. In particular, client data, reports and activity logs may be deleted after an export has been created. You are responsible for downloading and storing export files in good time.
(4) The right of both parties to terminate for good cause remains unaffected.
6. Customer obligations
(1) You agree to use SiteCare Log in compliance with applicable law and not to store or transmit unlawful content via the platform.
(2) You are solely responsible for any data, reports and files you upload or create within SiteCare Log. You shall indemnify us against claims by third parties that arise from unlawful use of the service by you.
7. Availability and maintenance
(1) We carry out regular maintenance and updates to improve security and functionality. Wherever reasonable, we will announce planned maintenance windows.
(2) In case of disruptions or outages, we will use reasonable efforts to remedy them promptly. Claims due to short-term unavailability exist only within the scope of mandatory statutory provisions.
8. Liability
(1) We are liable without limitation for intent and gross negligence and for personal injury.
(2) For slight negligence we are only liable for breaches of essential contractual obligations (cardinal obligations) and limited to the typical foreseeable damage.
(3) We are only liable for data loss to the extent that you have carried out appropriate data backups.
9. Intellectual property
(1) All intellectual property rights in the software, design and content of SiteCare Log remain with us or our licensors.
(2) You receive a non-exclusive, non-transferable right to use the service for the term of the contract in accordance with these Terms.
10. Data protection
The processing of personal data is described in our Privacy Policy.
11. Governing law and jurisdiction
These Terms are governed by Austrian law, excluding conflict-of-law rules and the CISG. The place of jurisdiction, to the extent legally permissible, is Vienna, Austria.