Auroria e.U.
FN: 508807 x
Owner: Nico Filzmoser
VAT no.: ATU72920002
Kleinfeld 6, 4210 Gallneukirchen
(Hereinafter: “Provider”)



Scope and general provisions

The Auroria web-based service is a project management platform that allows users to optimise the management of software projects by capturing project-specific tasks, grouping of captured data, and management in the sense of capturing project-specific tasks and metrics necessary to implement the respective project, and through analysis of graphically appropriate processing.

For the contractual relationship between the provider and the customer, only these terms and conditions apply.

By placing an order, the customer expressly accepts these terms and conditions.

Registration/ Contract conclusion

To use the service of the provider, an order and registration at www.auroria.io is required. The order is an offer of the customer to the provider regarding the conclusion of a contract with the customer.

The customer is obliged to provide truthful and complete information when ordering and registering. Upon registration, the customer’s master data is collected.

There is no right to conclude a contract. The provider is entitled to reject a contract without stating reasons.

When ordering and registering under "www.auroria.io", the confirmation of the registration and the conclusion of the contract will be sent in a confirmation e-mail to the e-mail address provided by the customer. Only upon confirmation of the activation link sent to the customer will the registration process be concluded and a contractual relationship between the provider and the customer will be established, which is governed by the provisions of these terms and conditions.

Upon completion of the registration process, the customer is registered for a subscription plan, an organisation is initially created for the customer, and the providers project management platform Auroria is provided to the customer.

Services / Subject of the contract

Auroria is available as an organiser to the registered customer. The customer can set-up projects and invite other users to the organisation by entering e-mail addresses with their account on the project platform. The new user join the organisation by confirmation of the activation link sent in the e-mail. Users can be assigned different roles and permissions by the organiser.

In project management, tasks are recorded in the form of issues and can be managed in blacklog. The tasks can be processed logically separated from each other with the help of the system and assignment of staked periods.

Tasks can be assigned within the organisation to specific versions (releases) and epics (categorisations).

The organiser may purchase additional paid functionalities (subscriptions) at www.auroria.io/features.

Fee

For the use of Auroria, a monthly fee based on the subscriptions selected by the customer must be paid monthly in advance by credit card payment or by direct debit, in accordance with the prices quoted separately on the website. Payment is handled by the payment service Stripe Payments Europe Ltd, Ireland, a company of Stripe, Inc., California, 10 Townstend Street, San Francisco, California, 94103 (collectively: “Stripe”).

All fees are quoted in euros (EUR) plus VAT at the statutory rate.

The provider is entitled to change the monthly fees for paid subscriptions. However, any changes to fees will not be effective until 30 days have elapsed after notification of the customer.

System requirements, obligations of the customer, support

The customer is responsible for maintaining their own infrastructure (software and hardware) at their own costs and at their own risk. The provider assumes no responsibility for the infrastructure of the customer.

The customer must ensure that their infrastructure (software and hardware) is suitable for using the service of the provider. The customer must always maintain the software or have the software properly maintained in due time.

In order to use the services of the provider to the full extent, the customer must use the (browser) technologies and the minimum version identification, which the provider announces on its website www.auroria.io, or enable the use of the same (e.g.: activation of Java script, cookies). When using other technologies, it may be that the customer cannot fully use the services of the provider.

The customer is obliged to protect their connection, their terminals and their access data from unauthorised access. The customer acknowledges:

  • That the storage of access data (password, login ID) and other secret information on the hard disk of a PC is not secure;
  • That when retrieving data from the Internet, viruses, Trojan horses or other components can be transferred to their terminal, which can have a negative effect on their data or can lead to the misuse of their access codes and that this can be carried out by “hackers”.

The customer must treat the access data (password, login ID) strictly confidentially and protect it from unauthorised access by third parties. The customer must not allow others to gain access to their access data. If the customer has reason to believe that the access data (password, login ID) has become known to third parties in any way, the customer is obliged to change their password immediately. The customer is obliged to immediately notify the provider of any suspicions that their access data or other secret information may have been disclosed to unauthorised third parties. The customer is liable for damages caused to the provider by insufficient confidentiality of the access data by the customer or by passing the data on to third parties, by non-timely reporting of suspicion that data may have become known to unauthorised third parties, or by not securing their devices and systems.

The customer acknowledges that

  • The customer has no rights to the server and also no right of access to the premises in which the server is located;
  • In case of excessive data transfer, the server of the provider can be overloaded and therefore may not work. Any claims in this regard against the provider are excluded.

The customer undertakes to use the services provided by the provider properly in accordance with the intended purpose and to refrain from actions that could harm or jeopardise the provider and/or other customers and/or restrict the availability of services to other customers. Proper use also includes compliance with all notices, recommendations and the like, which the provider announces at the time of the conclusion of the contract or thereafter, on the website www.auroria.io and/or other documents made available to the customer.

The provider shall offer the customer the opportunity to post content on the project management platform. The customer undertakes not to improperly use the service of the provider. The customer must comply with the following rules in particular:

  • The customer is solely responsible for the content stored in their user account.
  • The customer undertakes not to upload or deposit any malicious data or references to the project management platform, any viruses (infected software) or software and content in which third parties have copyright (unless the customer has the necessary rights thereto or the consent of the rights holder).

In the case of repairs or troubleshooting and maintenance as well as due to force majeure, a failure of the project platform is not excluded.

Regardless of any civil and criminal consequences, the customer has to indemnify and hold harmless the provider for damages and for any claims of third parties resulting from the breach of the customer’s obligations under these terms and conditions.

Regardless of any civil and criminal consequences, the customer has to indemnify and hold harmless the provider for damages and for any claims of third parties resulting from the breach of the customer’s obligations under these terms and conditions.

Usage rights and copyrights

The provider is the sole owner of the project management platform Auroria in relation to the customer. The use of Auroria and the content, materials, brand names and trademarks contained therein is only permitted for the purposes stated in these terms and conditions.

Guarantee

The provider makes no guarantee for the constant availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the sphere of influence of the provider and therefore are not within the responsibility of the provider, and unavailability of services offered by the provider via the Internet cannot be excluded. The customer declares that they will not assert claims for damages and/or warranty claims for outages.

The provider also makes no guarantee that the project management platform operated by they provider complies with all requirements of the customer, is compatible with other programs of the customer or that all errors can be corrected. The guarantee is also limited to reproducible (continuously repeatable) defects. If there are incompatibilities with the customer due to technologically expedient changes in the services of the provider, compensation claims against the provider are excluded.

The guarantee does not cover defects resulting from unauthorised placement and assembly, inadequate equipment, failure to comply with installation requirements and conditions of use, overuse of the service provided by the provider, incorrect handling and use of unsuitable software or other operating materials; this also applies to defects attributable to material or software ordered by the customer. The provider is not liable for damage resulting from atmospheric discharges and surges.

The customer is obliged to inform the provider of interruptions or disruptions of the service immediately in order to allow the provider to solve the problem. If the customer breaches this obligation to inform, the provider assumes no liability for any damages or expenses incurred by the customer.

For firewalls that have been set up, operated or checked by the provider, the provider exercises due care, but points out that absolute security and full functionality of firewall systems is not possible. The liability of the provider for disadvantages resulting from the fact that installed, operated or checked firewall systems are bypassed or rendered inoperative is excluded, unless the provider acted intentionally or was grossly negligent.

Liability

Insofar as we are responsible for any damage, the provider is liable only for intent and gross negligence.

The provider is not liable for mediate or indirect damages or lost profits. The liability is limited in amount with the specific contract fee.

The provider assumes no liability for the topicality, correctness, completeness or content of the provided subscriptions. Liability for disadvantages arising from the non-permanent availability of the Auroria project platform (interruptions, malfunctions, deletions, transmission errors or memory failure) as well as compatibility with the software of a customer or a third party is excluded. The provider is not liable for data loss due to insufficient data security measures by the contracting party.

A claim for damages against the provider can only be asserted in court within six months after the claimant has become aware of the damage, but at the latest within three years after the event giving rise to the claim.

Shut down of the service

The provider is entitled to shut down the project management platform, in whole or in part, if its security or the safety of its customers is endangered. This right of the provider also exists, if the further operation is economically unreasonable for the provider. The provider shall notify the customer of such measures without delay. This does not give rise on the part of the customer to any claims against the provider.

Amendments to these terms and conditions

The Provider is entitled to adapt and amend these terms and conditions of use at any time.

Amendments shall be communicated to the customer two weeks in advance by sending the amended terms and conditions to the e-mail address provided at registration. The customer may announce within a further two weeks that they do not agree with the amendments.

Duration / Termination of the contractual relationship

This contract is concluded for an indefinite period.

The customer has the right to terminate the contractual relationship without observing a notice period at the end of the current monthly billing period.

The provider has the right to terminate the contract with a notice period of one month. The provider is also entitled to terminate the contract for good cause with immediate effect. In particular, a breach of these terms and conditions is good cause.

The provider entitled to block access to the project management platform/organisation, if the customer does not meet their payment obligations or the customer violates contractual agreements, in particular these terms and conditions, or violates statutory provisions or other essential interests of the provider. The data of the customer remain after non-payment of the fee on the server and can be reactivated by payment of the usage fee. If the account is blocked for a period of twelve months, the provider reserves the right to deactivate the account without claims of the customer and to delete the data.

Abrogation of the right of withdrawal under § 18 FAGG

Upon completion of the registration process, the project management platform Auroria is ready for use by the customer. If the execution of a service commences at the request of the customer before expiry of the 14-day withdrawal period of § 11 FAGG, the right of withdrawal is abrogated after legal instruction about these consequences of premature execution.

The customer hereby acknowledges and expressly agrees that with the first use of Auroria the performance of the provider takes place before the expiration of the withdrawal period of § 11 FAGG and is therefore connected with the abrogation of the right of withdrawal under § 18 FAGG. This is explicitly confirmed by the customer by clicking on the button “Accept the Terms and Conditions”.

The customer receives the contract text with the registration confirmation e-mail and thus before the start of service provision.

Data protection

Auroria is entitled to process personal data of the customer for the purpose of fulfilling the contract. Both contracting parties undertake to comply with the provisions of the GDPR. The detailed data protection information (privacy policy) can be found at www.auroria.io

Performance / Jurisdiction / Choice of Law / Contract language

The place of fulfilment is Linz.

The exclusive place of jurisdiction for legal disputes arising from and in connection with this contract is the competent court in Linz.

Austrian law applies with the exception of the reference standards of international private law (e.g. IPRG, Rome I VO etc.) and the UN Sales Convention.

The contract language is German.

For contractual relationships with consumers within the meaning of the Consumer Protection Act, the above provisions only apply to the extent that other mandatory consumer protection provisions do not preclude them.

Severability clause

Should any provision in these terms and conditions be or become invalid, the validity of the other terms shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.

Final provisions

All declarations of a legally binding nature on the basis of this contract must be made in writing to the e-mail address of the other contracting party last announced in writing. If a declaration is sent to the e-mail address last announced in writing, this is deemed to have been received by the respective contracting party.

The designation of the headings chosen for the individual chapters is solely for the sake of clarity and therefore cannot be used to interpret this contract.