Terms and conditions
In order to refer to the easier readability, all personal nouns are described in male form, but at the same time all personal nouns in female form are also meant. In the following, customers are all those who activate premium logins of QuickSpeech e.U. for a certain number of persons for the companies in which they operate.
In the following, customers are defined as all persons who purchase a number of premium logins for a fee.
Users are all those persons who use the basic version or the premium version of the QuickSpeech app, whether by means of basic version logins or premium logins.
Hello at QuickSpeech e.U. (hereinafter referred to as QuickSpeech)! QuickSpeech is operated by Lukas Snizek. QuickSpeech is located at Riederberg (PLZ 3004) in Steinbruchstraße 5 in Austria. The Internet domain runs under www.quickspeech.net. QuickSpeech is a mobile application on smartphones that works online, requires an active Internet connection and enables users to learn subject-specific content through play using the QuickSpeech apps (available in the App Store as well as in the Google Play Store, hereinafter referred to as QuickSpeech app). The QuickSpeech services can be used via the QuickSpeech app. QuickSpeech is responsible for the creation and support of the QuickSpeech app.
By placing an order with QuickSpeech, the customer and user agree that they have read, fully understood and agree to the general terms and conditions. Furthermore, these General Terms and Conditions shall also apply to all users of the basic version and to all users of the premium versions. The general terms and conditions apply to all orders of any kind between QuickSpeech and the customer as well as the user. For the sake of simplicity, the General Terms and Conditions are abbreviated to AGBs below. Please take sufficient time to read the General Terms and Conditions.
QuickSpeech offers some content and functions free of charge, but for some premium content users need special login data, which are issued by QuickSpeech. The content is carefully prepared and displayed without advertising. The user fees, which the customer incurs when placing an order, are also used for the technical development and maintenance of the QuickSpeech app. No usage fee is charged for the use of the app with the basic version in the app stores described above. No price will be charged to customers unless they are clearly informed. QuickSpeech addresses its services not only to private individuals but also to companies with users of the premium versions, for whom content is activated on a tailor-made basis.
2. Scope of application, definitions of terms
The general terms and conditions as well as data protection declarations apply to all customers and users of QuickSpeech. Deviating and supplementary provisions at the time of conclusion of the contract shall only apply if they have been agreed in writing. The General Terms and Conditions apply to all free and paid offers of QuickSpeech. The general terms and conditions are given to the customer in digital form (link in the app to the website) upon conclusion of the contract by QuickSpeech. If the customer accepts them, he confirms that he has read them and that he agrees to them in order to create the contract between QuickSpeech and the customer. When the QuickSpeech app is initially opened, users are notified once on their end devices that they must read the GTCs (the GTCs are opened by simply clicking on the "GTCs" word on the end device). By clicking on the "I confirm that I have read, understood and agree to the GTC", the user confirms that he has read, understood and accepted the GTC from QuickSpeech. Thus the contract between QuickSpeech and the individual user is concluded. The general terms and conditions can be reopened later in the app at will. The manner in which the GTCs are accepted and read also applies to the data protection declarations.
3. Registration and conclusion of contract
The prices in all QuickSpeech price lists are exclusive of VAT.
4. Free use of the basic functions of QuickSpeech
Registration for the free basic version does not incur any costs for the user. The use of the functions of the QuickSpeech app is free of charge.
5. Versions subject to a charge
As described above, QuickSpeech offers the ability to upgrade to premium versions of the product as soon as a customer can purchase logins for specific users for a limited license period. The license period is contractually agreed between QuickSpeech and the customer.
For the access to previously customized premium logins for the QuickSpeech app, the customer is charged fees, which are defined in a contract concluded between the respective customer and QuickSpeech and require the mutual consent of both parties. After receipt of payment of the set-up fee and the customer's first license and hosting expense statement to QuickSpeech and the corresponding development and content preparation time, QuickSpeech will activate the logins for a certain number of premium versions of a company for a certain license period, which will be extended monthly if the contract is not terminated on one or both sides. The premium versions must be contractually agreed.
6. Billing, termination, expiration
Access to Premium-Logins is sold to customers for license periods agreed between QuickSpeech and the respective customer, which are extended monthly if the contract is not cancelled by one or both parties. The amount of the price to be paid, the billing method, the fixed or unfixed license period (= subscription basis) as well as the number of premium logins of the QuickSpeech app purchased for a certain period of time will be determined between the customer and QuickSpeech upon conclusion of the contract. The contract is concluded through the mutual declaration of intent of the business parties and the consent given to QuickSpeech after reading the General Terms and Conditions and data protection declarations. This happens regardless of whether the premium accesses of the app are actually used.
Premium versions of QuickSpeech are to be paid either once or recurrently on a subscription basis and are limited in time. In the case of a limited term, they end at the end of the term and automatically log the user out. The data is stored in accordance with the data protection declarations. Payment of the full contractually agreed fee or a partial amount stipulated in the contract must be made by the customer within two weeks of the invoice being issued or the due date of the last invoice being issued. In the case of temporary user contracts, the license term ends on the date agreed in the contract - the user is automatically logged out (see point 4.2). The contract between the customer and QuickSpeech can be terminated at any time for premium versions.
Users of already existing basic version accounts will receive a premium login if their employer purchases a premium login for them. The basic version login and the premium login must then be managed separately.
QuickSpeech reserves the right to delete basic version logins without giving reasons, so that basic version users also lose their access data.
7. Payment methods
Before QuickSpeech has received all payments (or any contractually agreed partial payments) from the customer to QuickSpeech, QuickSpeech does not have to release any premium logins.
It is only possible for the customer to pay the invoices QuickSpeech issues to the customer via a valid bank account with a covered amount.
The invoice is issued in digital form.
8. Right of revocation for users and customers
A consumer is any natural person who enters into a legal transaction for purposes which are both private and commercial in nature.
right of withdrawal
For the temporal keeping of the period of revocation it is sufficient to send the communication about the exercise of the right of revocation before the end of the period of revocation.
Consequences of the revocation
If QuickSpeech exercises the right of revocation, QuickSpeech shall repay all payments made to QuickSpeech under the explicitly revoked contract immediately and no later than 14 days from the date on which QuickSpeech received the notice of revocation. The refund shall also be made by bank transfer.
9. Content and accessibility of the apps and liability
QuickSpeech uses current technologies which are used in the market. However, if users use older mobile devices or outdated operating systems, the QuickSpeech app can only be used to a limited extent or not at all. Furthermore, the QuickSpeech app only works with a valid Internet connection on end devices.
QuickSpeech is only liable in case of gross negligence. This applies mutatis mutandis to damages caused by the use of third parties.
QuickSpeech has unlimited liability in the event of personal injury caused in the course of using the app. Liability for indirect damages such as loss of profit due to business interruption, loss of data or damage caused by third parties is expressly excluded.
The customer's or the user's claims for damages are excluded unless otherwise specified below. Excluded from this are claims for damages from injury to body or life, health as well as from the violation of essential contractual obligations and liability for other damages which are based on a grossly negligent violation of obligations on the part of QuickSpeech, its vicarious agents or legal representatives. Essential contractual obligations are those without which the fulfilment of the contract would not be possible. An essential contractual obligation is one whose fulfilment ensures the execution of the contract and one whose fulfilment both contracting parties may rely on.
Should QuickSpeech fail to comply with an essential contractual obligation, QuickSpeech shall only be liable for the foreseeable damage which is typical for this type of contract, if it was caused by simple negligence, unless there is talk of claims for damages by the user arising from any injury to body, health or life.
The restrictions described also apply in favour of any legal representatives or vicarious agents of QuickSpeech if claims are made directly against them.
Claims for damages shall become statute-barred in accordance with the statutory provisions, but no later than one year after the damage claimant becomes aware of them.
10. Copyrights, rights to names and trademarks and property rights
All content and files distributed within the QuickSpeech app as well as the app itself are the property of QuickSpeech as soon as they have been commercially acquired by QuickSpeech and completely paid off within the scope of QuickSpeech and may therefore not be used for other purposes without the express voluntary consent of QuickSpeech.
11. Content transmitted by customers and benefits
QuickSpeech has the right to delete or block all content belonging to the content of the QuickSpeech app - both the basic versions and the premium versions - without giving reasons.
Information on the data to be stored can be found in the data protection declarations.
Users are responsible for their own actions and, if QuickSpeech violates them, will be held liable for ensuring that they do not introduce Trojan horses, worms, viruses or other malware into QuickSpeech products that could harm business with or around QuickSpeech. The use of the QuickSpeech products is therefore only permitted if the user has installed virus protection on the end device. Furthermore, the user is obliged to use the login data available to him exclusively himself.
It is confirmed that content that is played into the App by users and customers is free of third-party rights (or with the consent of third parties such as e.g: sales trainers who sell their content to customers as required by the customers).
12. Final provisions
The law of the Republic of Austria shall apply to contracts between QuickSpeech and any partners to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
It is excluded by the parties that the application of conflict of laws rules of international private law is made, as far as these lead to the exclusive application of other legal systems.
If the user does not have his place of residence in Austria, the place of jurisdiction at the user's place of residence shall apply as a private person within the framework of the basic version. For customers (entrepreneurs), the locally and factually competent court at QuickSpeech's headquarters shall be deemed agreed.
The GTCs and data protection declarations remain binding in their remaining parts even if individual points are legally ineffective.
QuickSpeech reserves the right to amend these GTCs without stating reasons, if this becomes necessary due to changes in QuickSpeech's services, the scope of QuickSpeech products or due to legal changes or technical developments. This applies in particular if new offers from QuickSpeech require new regulations. These amended GTC will be sent to the user in advance by e-mail. If the User does not object to the amended GTCs within six weeks, they shall be deemed accepted. In the event of an objection, QuickSpeech may delete the user account of the user, whereby payments already made will be refunded pro rata to the remaining term. QuickSpeech will refer to these legal consequences separately in the e-mail with the amended General Terms and Conditions.