1. Definitions

The following definitions and regulations apply to these GTC and to every contract between Scanulator and a user:

AGB:

These General Terms and Conditions of Scanulator, including additional terms and conditions and guidelines referenced herein and/or available via hyperlink, shall be understood hereunder.

Scanulator:

This refers to Reichl und Partner eMarketing GmbH, FN 198032.

Scanulator portal:

This refers to the Internet platform operated by Reichl und Partner eMarketing GmbH, FN 198032 under the web address https://www.scanulator.com.

User profile:

This is understood to mean any natural or legal person (e.g. bloggers, influencers, public figures, entrepreneurs, marketing managers of a company, the company) who uses the Scanulator portal.

Scanulator services:

This includes all services and performances available on the Scanulator portal (creation of static and dynamic QR codes, URL shortening, creation of social bio pages, analyses, etc.). Each individual service is called a “Scanulator Service” (for a description of Scanulator Services, see also Section 3 of these GTC).

Users:

This is understood to mean any natural or legal person (e.g. bloggers, influencers, public figures, entrepreneurs, marketing managers of a company, the company) who uses the Scanulator portal.

User data:

This includes the first and last name of the user, the user name chosen by the user, the e-mail address provided by the user and the password chosen by the user. The user data is required for registration.

User master data:

This refers to additional information provided by the user that is required to create a user account (user profile). Depending on the occasion, this may include the user’s address, account details, other payment details or information or, optionally, their tax number.

User profile:

Is the user account of the user on which he can manage his user data and communicate with other users.

Registration:

This refers to the initial or one-time registration on the Scanulator portal required for each user.

Sign-In:

This refers to the respective login of a user to the Scanulator portal after registration.

Sign-in data:

This refers to the user’s individual data (user name, e-mail address and password), which the user must enter on the Scanulator portal for a successful sign-in (i.e. for the respective use of Scanulator services after registration).

Test phase:

This is understood to mean the period of 7 days after a payable order, during which the Scanulator services or the range of services on the Scanulator portal can be used free of charge and tested for their suitability or usability.

Contract: This refers to the (respective) contract for the paid use of the Scanulator portal or Scanulator services as part of a subscription either between Scanulator and the user between Scanulator. Subscriptions are concluded for a period of one month (monthly subscription) or one year (annual subscription). Automatic renewals for one year at a time are possible with the user’s prior consent.

Contracting parties: This refers to the Scanulator and the user together. This applies regardless of whether or not a contractual relationship has already been established between the user and Scanulator.

2. Scope of application of the GTC

2.1.

The Scanulator portal is a paid Internet platform from Scanulator.

2.2.

Scanulator provides various Scanulator services on the Scanulator portal that enable users to create QR codes, shorten URLs and create social bio pages. Users of the Scanulator portal can make use of the Scanulator services contained therein under certain technical conditions in return for payment of a fee for a certain period of time. A separate contract is concluded between Scanulator and the user for this use. The conclusion of a contract is regulated in point 4 of these GTC. The technical requirements are described in section 7.8. described in these GTC.

2.3.

These GTC apply to all contracts between Scanulator and the users that are concluded (or extended) via the Scanulator portal, as well as to any use of the Scanulator portal. Any conditions or agreements deviating from the GTC must be agreed in writing.

2.4.

Scanulator services are aimed at people who work in marketing, especially social media managers, marketing managers, entrepreneurs, influencers and bloggers. Commercial or other use of Scanulator’s offerings within the Scanulator portal or of Scanulator services for business (commercial) purposes by a user (e.g. any form of marketing) is permitted, unless this is expressly prohibited in individual cases. Accordingly, any transfer of Scanulator’s offer within the framework of the Scanulator portal or of Scanulator services to third parties against payment or free of charge and the granting of the possibility of use by them is permitted. For example, freelancers or agencies can create QR codes, shorten URLs or create social bio pages for their clients.

3. Scanulator services

3.1.

Scanulator services are used to create static and dynamic QR codes, URL shorteners and the creation of social bio pages. The use of Scanulator services is therefore always at the user’s own risk and responsibility.

You can see all the functions here.

3.2.

With the exception of the test phase, Scanulator services can only be used during an active contract.

3.3.

The scanulator services provided do not claim to be complete or up to date. No one can therefore rely on scanulator services being complete.

3.4.

Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Nevertheless, Scanulator endeavors to ensure a high technical availability of the Scanulator portal. Nevertheless, the constant availability of the Scanulator portal cannot be guaranteed; this is also not part of the contract. This also applies to the functionality of third-party software that is used when utilizing the Scanulator portal; this functionality is also not part of the contract. Scanulator is therefore neither liable for the constant and uninterrupted availability of the Scanulator portal nor for technical or electronic errors over which Scanulator has no influence.

3.11.

If Scanulator services cannot be provided or cannot be provided at the agreed time for technical reasons for which Scanulator is responsible, the user is entitled to consume these Scanulator services at a later time, provided this is reasonable for the user. The user may not withdraw from the contract if and as long as Scanulator is prevented from providing the Scanulator services due to circumstances of force majeure or their effects (including in particular the limited availability of personnel) or if this is economically unreasonable for Scanulator. In this case, the scanulator services will be postponed to an appropriate time after the obstacle has been removed.

4. Conclusion of the contract / conclusion of the contract / registration

4.1.

Scanulator offers various Scanulator services on the paid Scanulator portal. A contract is concluded via the Scanulator portal in accordance with the provisions of these GTC. The basic prerequisite for the conclusion of a contract is, in addition to the fulfillment of the technical requirements (see point 7.8. of these GTC), the registration of the user on the Scanulator portal.

4.2.

The mere registration of a user does not result in any service or payment obligations, neither for the user nor for Scanulator.

4.3. Users

4.3.1.

The registration of a user takes place in such a way that the user first selects the appropriate package. The packages differ in terms of their functions. The user must then enter the data requested on the Scanulator portal, in particular his first and last name, user name, e-mail address and an individual password chosen by himself (i.e. his user data) on the Scanulator portal and accept Scanulator’s General Terms and Conditions and Privacy Policy. When registering, true and complete information must be provided; this information must be kept up to date by independent adjustment or notification to Scanulator. Only one registration per person may be maintained at any one time. Subsequently, the user’s successful registration is confirmed by e-mail; this confirmation is deemed to be an offer by Scanulator to conclude a contract. If the user is required to provide evidence. The user activates the registration by clicking on the link contained in the confirmation e-mail.

4.3.2.

Scanulator’s offer is confirmed by clicking on the button “order with obligation to pay”. This concludes the contract for the services offered by Scanulator, i.e. the Scanulator portal and all its available functionalities.

4.3.3

In any case, the first 7 days of use are not charged. The obligation to pay therefore only begins after 7 days have elapsed since the order was placed.

4.3.4

The user is granted the right to withdraw from the contract within 7 days of the conclusion of the contract by means of a unilateral declaration (test phase). To do this, the user must click on the “Cancel subscription” button in their user profile in good time. In this case, the user will no longer be able to view and test the Scanulator portal and all its available functionalities free of charge. In this case, Scanulator reserves the right to delete the user’s registration. Statutory rights of withdrawal or revocation remain unaffected by this.

4.3.5.

The user is free to use an already completed registration for any subsequent (new) conclusion of a contract. In this case, the user must log in again under the previous registration. This registration results in a new confirmation e-mail from Scanulator, which in turn is considered an offer from Scanulator to conclude a contract. The above provisions shall apply accordingly to the conclusion of the contract.

4.3.6.

No one has a claim to acceptance of a registration etc. by Scanulator. Scanulator is unilaterally authorized (even without justification) to refuse registrations etc. Scanulator is not obliged to check the user’s details in connection with the registration. Scanulator reserves the right to withdraw from the contract in the event that the required evidence is not provided.

4.11.

Registrations of minors (= persons under the age of 18) and contracts with minors can only be concluded with the written consent of the minor’s legal representative.

4.12.

Registrations of persons with limited legal capacity and contracts with persons with limited legal capacity can only be concluded with the written consent of the legal or other representative of this person.

5. Duration of the contract

5.1.

A contract is concluded for a period of one month (monthly subscription) or one year (annual subscription). If the user makes the payment within the test phase, the period begins after the end of the test phase.

5.2.

If the user clicks during registration that he agrees to an automatic extension of the contract by one year in each case, the contract term is automatically extended by a further month or year in each case, unless the user or Scanulator objects to such an extension before the end of the respective contract term. If the fee for a monthly or annual subscription increases, the contract will not be automatically renewed.

6. Prices and terms of payment for the use of the Scanulator portal

6.1.

The user must pay the price for a monthly or annual subscription (contract). The respective prices for an annual subscription (contract), i.e. for the use of the Scanulator portal and the Scanulator services available therein, can be found at the web address www.scanulator.com. The prices refer to the use of the Scanulator portal and the Scanulator services available therein for a period of one month or one year.

6.2.

The prices include VAT at the statutory rate. The user is responsible for the payment of all taxes associated with the use of Scanulator services (monthly or annual subscription). There are no shipping costs. Scanulator is authorized to transmit electronic invoices.

6.3.

The fee must always be paid in advance. The payment obligation becomes due upon conclusion of the contract. Activation of the Scanulator portal requires payment in accordance with the contract.

6.4.

For payment, the user must select one of the payment methods offered on the Scanulator portal. Other payment methods are not possible. Among the payment methods offered on the Scanulator portal, however, the user can change the payment method at any time. The user is responsible for ensuring that their payment details are up to date and that payment can be made. In the event of automatic contract renewal, payment is made in accordance with the currently selected payment method.

6.5.

The right of the user to cancel his liabilities to Scanulator by offsetting is excluded (subject to the following sentence). This prohibition of set-off does not apply in the event of Scanulator’s insolvency or to counterclaims that are legally related to the user’s liability and have been established by a court or recognized by Scanulator.

6.6.

If the user fails to meet a due payment obligation to Scanulator without justification, Scanulator is entitled, after prior warning and setting a reasonable grace period, to temporarily block the user profile until the owed payment has been received. Other legal and contractual rights of Scanulator and the user remain unaffected by a block.

7. Use of the Scanulator portal / user profile / rights and obligations of the user

7.1.

Upon conclusion of the contract and payment of the price for one month or year, the non-exclusive, non-transferable and geographically unlimited right is acquired to use the available functions or services of the Scanulator portal (Scanulator services) via the user profile for this period in accordance with the provisions of these GTC (monthly or annual subscription). To do this, a user must enter and confirm their sign-in data. The Scanulator portal cannot be used without registration. A user may only use the Scanulator portal via their own user profile.

7.2.

The user is solely responsible for managing his/her user profile (updating etc.). The user data, in particular the individual password, must be kept secret; they may therefore not be passed on to third parties and must be adequately protected against unauthorized access by third parties. The individual password must be changed as soon as it is known or there is reason to suspect that a third party has gained or could gain knowledge of the individual password. Scanulator has the right to replace or block the user’s username and/or password (or any other means of personal identification) immediately and without prior notice if illegal access to the Scanulator portal has been detected via this username, or if there is reasonable suspicion that such illegal access will take place or has taken place via this username. Scanulator has the right to restrict access to a restricted area or certain IP addresses or to block an area or certain IP addresses, either in connection with the user’s username or independently of the username.

7.3.

The transfer of the right to use the Scanulator portal to third parties on the basis of registration or sign-ins is not permitted. Every registered user is responsible for ensuring that every other user who makes use of the Scanulator portal via a user’s registration is aware of, accepts and complies with these GTC.

7.4.

The up-to-dateness of the user data, in particular the first name, surname and e-mail address, is an essential prerequisite for the proper use of the Scanulator portal and for assignments to the respective user. The user is therefore obliged to update their user data, in particular their first name, surname and e-mail address in their user profile immediately and independently in the event of changes.

7.5.

Scanulator does not check the user data for completeness and/or accuracy. It is the sole responsibility of the user to update their user data.

7.6.

The statutory copyrights and other rights to any Scanulator services or their content as well as to any other content offered by Scanulator on the Scanulator portal must be observed. Unless expressly permitted, this content may not be recorded, modified, reproduced, distributed or made publicly accessible. Technical protection measures or copyright or rights notices may also only be removed if this is expressly permitted.

7.7.

The Scanulator portal can only be used under certain technical conditions. The user requires suitable hardware and software depending on the device they want to use to access the Scanulator portal. The user is therefore obliged to provide suitable hardware and software for access to the Scanulator portal in good time and at his own expense.

The technical requirements relate to the following, whereby the following hardware and software is defined as suitable:

(i ) When using Apple desktop hardware (stand Mac, laptop), the operating system “macOS Big Sur” version 11 or later and the Internet browser “Chrome”, “Safari”, “Opera” or “Firefox” are required.

(ii ) When using other desktop hardware (PC, laptop), the operating system “Windows” version 10 or later and the Internet browser “Chrome”, “FireFox”, “Opera” or “Edge” are required. It is expressly pointed out that the Internet browser “Internet Explorer (IE)” is not suitable for accessing the Scanulator portal.

(iii ) When using mobile hardware (smart phone, tablet, etc.), the user requires a stable holder for their device; in addition, one of the following operating systems is required: “Android” (from version 11) or “IOS” (from version 14).

(iv) The user must ensure that he always has the latest version of the Internet browser he is using.

(v ) The Internet connection must have a download and upload speed of at least 5 MBit/s.

7.8.

In particular, every user shall refrain from any content and/or other statements of any kind that could be construed as racist, otherwise discriminatory, intolerant, sexist, pornographic, contrary to equality or otherwise inappropriate. Scanulator reserves the right to temporarily block users from using the Scanulator portal at any time in the event of violations of this provision (in which case the contract term will be extended by the duration of the block) or to terminate the contract for good cause with immediate effect by means of a unilateral declaration.

7.9.

The user may not use the Scanulator services to (i) for harassment, abuse, insult, harm, defamation, libel, slander, intimidation or discrimination against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (ii) for providing false or misleading information; (iii) for uploading or transmitting viruses or any other type of harmful code that is or may be used in any way that impairs or may impair the functionality or operation of the Scanulator Portal, other websites or the Internet; (iv) for collecting or tracking the personal data of third parties; (v) for interfering with or circumventing the security functions of the Scanulator Portal; and/or (vi) for the commission of other illegal or immoral acts.

7.10.

User shall not delete, remove, deface or obscure any trademark, trade name, number, copyright or other proprietary notice, warranty, designation of origin, means of identification, disclaimer or other statement on or in connection with any Scanulator Service, nor shall User authorize any other person to do so.

7.11.

Scanulator services may not be modified by the user in any way, either in whole or in part, or combined with any software, data or material whatsoever, nor may the user create any derivative works; nor may the user permit any third party to do so.

7.12.

The user must inform Scanulator immediately as soon as he becomes aware of (i) from unauthorized use of the Scanulator portal, (ii) of an actual, threatened or suspected infringement of an intellectual property right (in particular of a scanulator) and/or (iii) of any claim by a third party that Scanulator Services infringe the intellectual property or other rights of a third party.

7.13.

The user does not acquire any intangible rights, in particular no intellectual property rights, to the Scanulator services.

8. Data protection

With regard to data protection regulations, please refer to the “Data protection” link available separately on the Scanulator portal.

9. Liability

9.1.

The following clause only applies to consumer transactions (consumer transactions are transactions in which the user is a consumer. A consumer is anyone who is not an entrepreneur. An entrepreneur is anyone for whom a legal transaction is part of the operation of his business. A business in this sense is any organization of independent, economic activity that is set up for the long term, even if it is not aimed at making a profit): Scanulator shall only be liable for damages caused to the user in the event of its own intent or gross negligence or in the event of intent and gross negligence on the part of vicarious agents working for Scanulator, with the exception of personal injury, for which Scanulator shall be liable without limitation even in the event of slight negligence.

9.2.

The following clause only applies to transactions that are not consumer transactions (consumer transactions are transactions in which the user is a consumer. A consumer is anyone who is not an entrepreneur. An entrepreneur is anyone for whom a legal transaction is part of the operation of his business. An enterprise in this sense is any organization of independent economic activity that is intended to be permanent, even if it is not profit-oriented): Scanulator shall only be liable for damages caused to the user in the event of its own intent or gross negligence or in the event of intent and gross negligence on the part of vicarious agents working for Scanulator. Compensation for consequential damage is excluded. The burden of proof that Scanulator has acted with intent or gross negligence lies with the user.

9.3.

Any forms, samples, drafts, templates, etc. (such as declarations of consent from third parties) provided by Scanulator in any form whatsoever are not part of the contract (and therefore not part of Scanulator’s scope of services) and are always to be understood only as non-binding recommendations for which Scanulator assumes no liability. Scanulator is not obliged to provide such a service and may terminate it at any time. Every user who makes use of such forms, samples, drafts, templates, etc. is responsible for this and must check and adapt them on their own responsibility. All this does not apply if the user pays a fee for this as agreed or if an express written agreement to the contrary is made.

10. Revocation (= withdrawal)

Cancellation policy

10.1.

Every user has the right to withdraw from a contract within 14 days without giving reasons. In the following, this right of withdrawal is referred to as revocation.

10.2.

The withdrawal period is 14 days from the date of conclusion of the contract.

10.3.

In order to exercise his/her right of withdrawal, the user must inform Scanulator of his/her decision to withdraw from the contract by means of a clear declaration (e.g. by letter sent by post, fax or e-mail). See revocation form under point 11.9.

10.4.

The revocation is to be sent to: Reichl und Partner eMarketing GmbH, Promenade 25b, 4020 Linz, e-mail: office@Scanulator.com, telephone: +43 664 400 3834

10.5.

In order to comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

10.6. Consequences of revocation

If the user withdraws from a contract, Scanulator shall reimburse the user for all payments Scanulator has received from the user, including delivery costs (with the exception of additional costs resulting from the fact that the user has chosen a type of delivery other than the cheapest standard delivery offered by Scanulator), immediately and at the latest within 14 days from the day on which Scanulator receives notification of the withdrawal from the contract. For this repayment, Scanulator will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will the user be charged any fees for this repayment.

10.7. Further information

A user’s right of withdrawal expires prematurely in the case of a contract for the delivery of digital content not stored on a physical data carrier if the user has expressly agreed that Scanulator will begin to execute the contract before the expiry of the withdrawal period and the user has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.

10.8.

In the case of a contract for the provision of services, the following applies: If the user has requested that the services should commence during the withdrawal period, he shall pay Scanulator a reasonable amount corresponding to the proportion of the services already provided by the time he informs Scanulator of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

10.9. Sample withdrawal form

If the user wishes to withdraw from the contract, he can fill out the following form and send it to Scanulator :

To:

Reichl und Partner eMarketing GmbH,

Promenade 25b,

4020 Linz,

Austria,

support@Scanulator.com

Download form

11. Other

11.1.

Scanulator is neither willing nor obliged to participate in a procedure for the alternative settlement of disputes under the Alternative Dispute Resolution Act.

11.2.

The content of the contract, all other information, customer service, data information and complaint handling are written and processed in German or English.

11.3.

The substantive law of the Republic of Austria shall apply to the contract, with the exception of those standards that refer to the application of foreign law. The United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention) is expressly excluded.

11.4.

In the absence of mandatory statutory provisions to the contrary, the court at the registered office of Scanulator (Linz, Austria) shall have exclusive jurisdiction for disputes between the contracting parties. This does not apply to users residing in Austria.

11.5.

The headings of these GTC are for the purposes of structure and clarity, but should not be used for interpretation.

Valid from: 19.10.2023