Terms and Conditions

Last updated: 20/12/2024

1. Introduction

Welcome to Coizen (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our services, products, and website (collectively, “Services”). By engaging with our Services, you agree to comply with these Terms.

If you do not agree to these Terms, you must refrain from using our Services.

2. Company Information

Please refer to our Legal Notice (Impressum) for all related information.

3. Scope of Services

We provide Software Engineering, Intelligent Solutions, Data Science & Analytics, Cloud Computing & Infrastructure, System Integration & Customization, Project Management, and related IT services. Detailed information about our services is available on our website or as agreed upon in a specific contract.

4. General Conditions

  1. Eligibility: By using our Services, you confirm that you are at least 18 years old or have legal capacity under applicable Austrian law.
  2. Modifications: We reserve the right to modify or terminate our Services, including these Terms, at any time. Updates will be communicated via our website or email, and your continued use of the Services constitutes acceptance of the revised Terms.
  3. Third-Party Services: Our Services may include integrations or links to third-party services. We are not responsible for the availability or functionality of such services.

5. Contracts and Payment Terms

  1. Contract Formation: A binding contract is established when both parties sign a written agreement or confirm acceptance via email.
  2. Fees and Payments:
    • Pricing is outlined in individual contracts or invoices.
    • All payments are due within 14 days unless otherwise agreed in writing.
    • Late payments are subject to statutory interest as per Austrian law (§ 456 UGB).
  3. Cancellations and Refunds: Cancellations of Services must be requested in writing. Refunds will be issued at our discretion based on the progress of the project.

6. Intellectual Property

  1. Ownership: All deliverables remain our intellectual property until full payment is received.
  2. License: Upon payment, we grant you a non-exclusive, non-transferable license to use the software or deliverables for your business purposes, as agreed in the contract.
  3. Restrictions: You may not reverse-engineer, resell, or distribute our software or deliverables without explicit written consent.

7. Data Protection and Privacy

  1. Compliance with GDPR: We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and Austrian privacy laws.
  2. Data Use: Personal data collected during our engagement will be used solely for contract execution and service delivery. Details are outlined in our Privacy Policy.
  3. Data Storage: We use secure systems to store and process your data and ensure third-party providers comply with GDPR.

8. Confidentiality

Both parties agree to treat all non-public information related to the Services as confidential. This includes technical data, business operations, and client details. Confidentiality obligations remain in effect even after the termination of the contract.

9. Limitation of Liability

  1. Exclusions: We are not liable for:
    • Indirect, incidental, or consequential damages.
    • Loss of data resulting from your failure to maintain backups.
    • Delays caused by third parties or force majeure events.
  2. Liability Cap: Our total liability is limited to the amount paid before taxes (the net sum) for the specific service giving rise to the claim.

10. Termination

  1. Either party may terminate the contract with written notice, as outlined in the specific agreement.
  2. Upon termination, all licenses and rights to use our software or deliverables will be revoked unless otherwise agreed in writing.

11. Governing Law and Jurisdiction

These Terms and any disputes arising from them are governed by the laws of Austria. The competent court in Vorarlberg, Austria, shall have exclusive jurisdiction over all disputes related to these Terms.

12. Contact Information

If you have questions or concerns about these Terms, please contact us.

13. Final Provisions

  1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
  2. These Terms constitute the entire agreement between the parties regarding the use of our Services and supersede any prior agreements.

By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.