General Terms and Conditions for the APP “SWYNC”

General Terms and Conditions of Synca GmbH, FN 449039b, Paul­Hahn Straße 1, 4020 Linz, building B floor 2, hereafter referred to as „Synca“.

The App „SWYNC“ (hereafter „App“) is a platform for the synchronization of contact data of users. The regular updating of his/her data is the only task the user has to do; the App synchronizes them with the data of the other users in the user’s address book. In order to guarantee the functioning of the App, it is indispensable that the App gets access to contact data/address book of the user’s device and that the users keep their data up­to­date.

1. Data protection

Declaration of consent

1.1

The App accesses following data of the device: phone book data

1.2

By registering, users give consent to the use of their data. This decleration can be revoked by any time.

2. General rules

2.1

Acquisition of the App occurs through the App­Store of a third­party provider like Apple, Google etc. (hereafter „App­Store“). Reference is made on the terms of use, sales­ and data protection regulations of the respective App­Store.

2.2

Necessary for the functioning of the App is a data connection via telecommunications service to which additional charges may apply. The faultless and regular function of these systems and services is prerequisite for the error­free use of the App; they are not part of this agreement between Synca and the user and this General Terms and Conditions.

2.3

Synca can not take responsibility that the App is compatible with the hardware and software used by the user.

2.4

Synca reserves the right to extend or reduce the functions of the App or parts of it at any time or to change the functionalities.

2.5

The user is responsible for the conventional data backup. In particular, the user has to ensure that his/her contact data/phone book are saved regularly, so that in event of loss of data they can be recovered.

2.6

The use of the App is reserved to persons of full age and with full legal capacity.

3. Scope

3.1

Synca provides all services exclusively on the basis of these General Terms and Conditions. They are also valid for all future business relations between the user and Synca as well as in case of the expansion of the App, also and even if they are not explicitly agreed upon once more.

3.2

Synca has the right to change or amend these General Terms and Conditions. Users will be notified of changes or amendments by e­mail at least 4 weeks before their inception. The adapted General Terms and Conditions have been approved by the user if no objection has been raised against them prior to the expiration of four weeks after receipt of the notification. If the amendment has a negative effect on the user, the user is entitled to terminate the contractual relationship without notice within one month upon receipt of the notification of change. If the user objects within the time limit, Synca is entitled to terminate the contract at the time when the modified conditions should come into effect.

4. Conclusion of contract

The contract is deemed as concluded by downloading and installing the App. A separate act of acceptance by Synca is not necessary.

5. Right of revocation for consumers

5.1

The App is basically free of charge. In case the user uses a paid version of the App and in case the user is consumer within the meaning of § 1 KSchG (Austrian Consumers Protection Act), he has the right to revoke the contract within 14 days after contract conclusion without giving any reason.

5.2

To ensure easy and timely processing, Synca recommends to exercise the right of revocation directly through the App­Store.

5.3

A user also has the right to revoke through clear explanation in any form towards Synca GmbH, Paul­Hahn­Straße 1, Bauteil B, 2. Stock, 4020 Linz, E­Mail: office@synca.me . Without any obligation the user can use the standard withdrawal form which can be found in the appendix of the General Terms and Conditions. To observe the revocation period it is sufficient for the user to send off the revocation within the revocation period.

5.4

In case the user revokes his/her offer, Synca shall reimburse any payment received from the consumer immediately and not later than 14 days after receipt of the revocation. For the repayment Synca uses the same payment method as the user used for the original transaction, unless another agreement was reached with the user. For the repayment the user is not charged by additional fees.

6. Contact data of user

6.1

The user is obligated to provide true and current data during the registration.

6.2

The users are recommended to check the accuracy of their data regularly and, when necessary, to make changes.

6.3

Synca is not responsible for the up­to­dateness of the data. The respective user bears sole responsibility for the up­to­dateness of his data.

7. Price and Payments

7.1

The prices are expressed in the App­Store in the user‘s national currency including VAT, unless specified otherwise. Applicable are the prices on the date of conclusion of contract.

7.2

All payments shall be due in advance and are settled through the App­Store.

7.3

In case of default of payment, Synca is entitled to block the access to the App.

8. Contract duration

8.1

This contract can be terminated by the user at any time by using the „cancel account“ function in the App.

8.2

Synca may terminate the contract with a term of notice of 14 days at the last day of the month. The right of extraordinary termination for cause shall not be affected.

8.3

In event of a revocation or termination all user data are permanently and definitively deleted from the servers.

9. Right of use and extend of use

9.1

The user has a personal, non­transferable and non­exclusive right to use the services of the App.

9.2

All (intellectual property) rights on the app are reserved to Synca. Users have no right (of use) on or in connection with the App.

9.3

In particular, the user is not permitted to re­license the App, to publish, to let, to lease, to make it available online to any third party over networks or in any other form or to provide it via timesharing.

9.4

The App may be subjected to technical and other related changes by Synca. The user consents that minor changes (updates) can be made at any time by Synca, as long as the core function is maintained. The user further agrees that the App can be changed with updates also in core functions and with regard to the extend, whereby the user has an extraordinary termination right, if the change caused by the update is unacceptable for him/her. Regarding this, the user waives any claims of compensation or other entitlements.

10. Warranty / liability

10.1

Synca assumes no warranties that the App is suitable for certain purposes which are intended by the user.

10.2

Synca assumes no guarantees in the legal sense, neither expressly nor implicitly. Information provided by Synca (e.g. on websites) are only descriptions and do not constitute a guarantee.

10.3

Synca assumes no guarantees for the constant availability of the App.

10.4

Failures or faults caused through the user or third parties attributable to him, in particular because of an improper operation, in the case of infringement of technical instructions or operation conditions or in case incompatible devices are used, shall not entitle the user to put forward any warranty claims.

10.5

If the user is an entrepreneur, he shall not be entitled to withhold payments because of counter claims resulting of warranties, claims for damages or other legal bases. The due date of the amounts invoiced shall remain unaffected by assertion of such rights.

10.6

Synca only accepts liability for cases of intent and gross negligence. This does not apply for personal injury. The existence of gross negligence or intent has to be proved by the users, except in the case of consumer transactions.

10.7

The reimbursement for consequential damages, other material damages, pecuniary losses and third­party damages is excluded, except in the case of consumer transactions. This also applies in particular to our liability for the functionality and virus­free condition of content and software. The provider is not liable for the correct function of Internet infrastructures or transmission paths which are not subject to the responsibility of Synca or his vicarious agents.

10.8

All claims against Synca caused by a lack of actuality of data or the loss of data are excluded. This lies exclusively in the area of responsibility of the respective user.

10.9

Synca has no influence on the data transfer over Internet. It is for this reason that Synca assumes no guarantee for data correctly reaching the user, as far as that an error arises while transmitting data outside a server operated by Synca. Synca expressly draws attention to the fact that data transfer by way of the Internet is not safe from access by unauthorized parties or modifications performed by third parties.

10.10

Synca assumes no liability for damages related to default, interruptions or disruptions of the user’s or his/her Internet provider‘s technical equipment. This applies equally for damages produced to the user as a result of an incorrectly performing soft­ or hardware or a soft­ or hardware infected by a computer virus.

11. Data protection

11.1

Synca saves all user data for the duration of the contractual relationship as far as it is required to fulfill the purpose of the contract or account purposes.

11.2

The data are exclusively stored on servers in the European Union.

11.3

Synca is obliged to inform the user at his request about his/her data inventory fully and free of charge.

11.4

Synca points out to the user that full data protection cannot be guaranteed, even with the latest technology when data is transmitted on open networks, such as the Internet.

11.5

The user is aware that from a technical point of view saved data of the user can be accessed by Synca at any time. Users should be aware that third parties may be able to gain unauthorized access to the network and consequently may be able to see and control the user’s information exchange. The user himself/herself is fully responsible for the security of the data uploaded to the Internet.

11.6

Contents and other data used by the user in the course of the App may contain references to persons. The user is controller in sense of Datenschutzgesetz 2000 (DSG 2000, Austrian Data Protection Act).

11.7

As soon as the user starts a synchronization, Synca operates as the users data processer. The user shall be under obligation to comply with the provisions of DSG 2000.

11.8

The user commits himself/herself to comply all data protection regulations.

11.9

Synca is not obliged to file any data protection­relevant notifications to the authorities or to obtain respective authorizations.

11.10

Synca will undertake all persons involved in data processing to maintain data confidentiality in sense of § 15 DSG 2000 already before they are taking up their duties and beyond the termination of their duties. Every employee of Synca was informed of his obligations arising from DSG 2000 and inner­organizational data protection regulations, including the data security rules.

11.11

Synca has taken sufficient security measures according to paragraph 14 of the DSG 2000 to prevent disorderly use of data and access by unauthorized persons.

11.12

Synca shall ensure that the technical and organizational requirements are met in such a manner that the user can fulfill its obligations provided by § 24 (information duty of the user), § 26 (right to information) and § 27 (right to erasure or rectification) towards parties concerned within legal dead­lines.

11.13

Synca shall have the duty to inform the user immediately about events in the sense of § 24 Abs 2a DSG 2000 as well as in case of such events Synca will observe its obligations in sense of § 26 Abs 10 DSG 2000.

11.14

The user acknowledges that Synca uses subcontractors to provide services. Synca will agree with subcontractors that their data protection duties comply with the duties mentioned in this section.

11.15

Synca is allowed to utilize personal data for purposes of consultation, advertisement, market research for the own benefit and for compilation of usage statistics.

12. Settlement of disputes

12.1

The European Commission provides a Online Dispute Resolution platform which can be found via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE. Users have the possibility to use this platform to solve a dispute.

12.2

Contact point pursuant to Regulation (EU) Nr. 524/2013 is, according to § 20 AStG the European Consumer Centre in Austria ( http://europakonsument.at/ ).

13. Applicable law

13.1

Austrian law applies with the exclusion of the UN Sales Convention.

13.2

The exclusive place of jurisdiction for all legal disputes is the competent court in Linz.

13.3

If the user is a consumer, the conditions in point 13.1 and 13.2 shall only be applicable insofar the user’s consumer protection that the user has by obligatory provisions of the law of the state in which the user has his or her habitual place of residence is not deprived.

14. Other Provisions

14.1

Any changes and amendments to the contract and supplementary agreements must be made in writing in order to be effective.

14.2

Should one ore more provisions of these General Terms and Conditions be or become ineffective or unenforceable, this shall not affect the validity of the other provisions. The ineffective or unenforceable provision is replaced by an effective and enforceable regulation similar to the ineffective or unenforceable provision regarding its economic purpose.

15. Contact info

Synca GmbH
FN 449039b, Landesgericht Linz
Paul­Hahn­Straße 1, Bauteil B, 2. Stock,
A­ 4020 Linz

Attachment: Standard withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To [hier ist der Name, die Anschrift und gegebenenfalls die Faxnummer und E­Mail­Adresse des Unternehmers durch den Unternehmer einzufügen]:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service.
    • ordered on (*)/received on (*)
    • name of consumer
    • address of the consumer
    • consumer’s signature
    • date

(*) delete as applicable