1. Preamble

1.1. The Contractor is specialized in the development and provision of digital platforms for campaigns. The service provided under this contract as software-as-a-service has been created for use in campaigns of the Contractor. The software service is described in more detail in the appendix to this contract.

The software service has been developed by the Contractor for a multitude of clients. The software service is configurable and is operated by the Contractor.

1.2. These General Terms and Conditions (GTC) apply to legal transactions between Campaigning Software GmbH (“Campaigning Software”) and the client for the provision of the 1campaign software and all related services offered within the realm of “2 Hour Polishing” and “Full Campaign Setup” (including conception, design, graphic implementation, and polishing). 

1.3. Campaigning Software reserves the right to update these Terms of Service, with prior notice of at least 14 days. Continued use of the platform after the update constitutes acceptance of the revised terms.

For all services that fall outside of this scope, the General Terms and Conditions of Service of  Campaigning Software GmbH apply. 

1.4. The provision of 1campaign software and related services is carried out exclusively in accordance with these General Terms and Conditions (GTC) and the service descriptions on which the offer is based. Terms and conditions of the customer, whether referenced in order forms or otherwise, do not apply unless Campaigning Software expressly agrees to their applicability in writing. The absence of an explicit objection by Campaigning Software to the customer’s terms and conditions shall not be interpreted as consent to their applicability.

2. Subject of the Contractor's performance

2.1. The subject of this contract is the provision of the 1campaign software and its included services, as described in the appendix, and provided by the Contractor in return for payment as agreed upon setup.

2.2. The extent of related services depend on the package (appandix) selected upon setup. The subject matter of the service is the provision of this functionality of the software service.

2.3. Individual extensions or customizations of the software service's functionality are not possible. The software service can only be used by the Client in the form and scope provided by the Contractor (As-Is Basis).

2.4. The Client does not receive any inspection or utilization rights to source codes, binary codes or to other materials that have been produced during the creation of the software service.

2.5. Software Setup The Contractor will assist the Client with the initial setup of the software service in accordance with the chosen package (appandix). The Client will provide the necessary information to the Contractor for this purpose. The Client will conduct all relevant communication exclusively with the Contractor.

2.6. Updates and adaptations: The software service may be subject to continuous adaptation, adjustment and improvement, which means that its functionality, its user interface and its usability may change over the course of time.

2.7. The Client has no claim against the Contractor for (ongoing) adaptation, adjustment, or improvement of the software service. The Contractor also bears no obligation for modernization.

Furthermore, the Contractor does not guarantee the infinite continuity of features and functions. In the event of discontinuation of a function, the Contractor will announce this within a reasonable period.

2.8. The Contractor does not guarantee a specific availability of the software service as a whole, as well as of individual features in particular. Furthermore the contractor disclaims any warranty that the site or any content, or third party software and content will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that makes the site available are free of viruses or other harmful components.

2.9. To carry out updates and adaptations and to ensure the operational reliability of the software service, it is also necessary to carry out maintenance work at regular intervals. At these times, the functionality of the software service is not available. Planned maintenance windows and their duration and timing will, if known to the Contractor, be forwarded to the Client immediately in writing. 

2.10. Should the Client become aware of a malfunction of the software service, they will promptly notify the Contractor thereof. Subsequently, the Contractor will endeavor to rectify the malfunction.

2.11. Provision of the functionality to third parties: The Client is not entitled to transfer the possibility of using the functionality of the software service to third parties or to grant them an access option to the software service in order to make it possible for such third parties to use the software service to pursue their own purposes.

2.12. Support is available from Monday to Friday, excluding legal holidays in Austria, December 24th, and December 31st, from 9:00 AM to 5:00 PM CET.

2.13. Technical support is provided by the Contractor's staff in either English or German. Support requests from the Client are accepted exclusively through the integrated Chat within the 1campaign plattform. Response time is calculated only during support hours.

2.14. Technical support does not include any form of conceptual, content-related, or strategic assistance, nor the operation of the software service on behalf of the Client. Such services can only be provided within the realm of the offered support packages. For any services that exceed the above-mentioned packages, the General Terms and Conditions of Service of  Campaigning Software GmbH apply. 

2.15. Suspension of Services: If the Client violates any provision of this contract, the Contractor is entitled to suspend its services and the functionality of the service to the Client for the duration of the breach. Before the suspension of services is initiated by the Contractor, the Client will be provided with a corresponding request to remedy the behavior that violates this contract.

3. Usage Rights

3.1. The Client acknowledges that the described services involve providing the functionality of the software service over the Internet. Therefore, the Client also acknowledges that the functionality of the software service can only be used in the form in which it is provided.

3.2. Rights to the Program Code: The Client does not acquire any copyright exploitation rights to the program code of the software service, to any patents or utility models implemented through it, or to the design of the user interface from this contract.

3.3. This also applies to copyrighted works embedded in the user interface of the software service and displayed to the respective user on their device (e.g., graphics, original design elements, text passages, originally designed control elements). The Client does not acquire any usage rights or permission to use or exploit these works independently for their own purposes.

3.4. Usage Rights of Campaign Templates and Contained Assets: The client is granted the right to use and modify all purchased campaign templates within a single campaign infrastructure. However, the client is not permitted to use the templates or their source code outside of this specific campaign.

Furthermore, clients are allowed to use the contained assets, but they are not permitted to alter them in any way.

3.5. Unless otherwise agreed, the Client transfers all transferable rights to ideas and improvement suggestions communicated to the Contractor as part of feedback to the Contractor and waives any claims for usage fees. This also applies to applications developed at the Client's request and specifications and for which an additional fee has been paid. The Contractor reserves the right to make these applications available to all other users of the software, possibly for an additional fee.

4. Contract Commencement and Duration

4.1. Contract Commencement: As soon as the client creates an account on checkin.1campaign.app/…, this contract comes into effect upon confirmation of the license agreement as part of the setup process.

4.2. Contract Termination and Pausing: This contract can be terminated by either party in writing at the end of the already billed period without notice. Termination by email to hello@1cmpaign.app  is sufficient. This contract may be paused by the Client at the end of a billed period without prior notice. A request to pause the contract via email to hello@1campaign.app is sufficient.

During the pause period, 1campaign will retain all data and settings. All landing pages will be taken offline. All email campaigns will be paused. However, the Client will still have full access to their data at any time. A data retention fee of $9 USD per commenced month will be charged during the pause period. Resuming the full 1campaign version is possible at any time.

4.3. Automatic Contract Renewal: In the event of non-termination according to Section 4.2, the contract is automatically renewed at the end of the already billed period. For the monthly flat fee, the contract is renewed for an additional month. 

4.4. For important reasons, this contract can be terminated by either party at any time without notice. An important reason is deemed to be if one of the parties is no longer able to properly fulfill its obligations under this contract.

4.5. Processing: In the event of termination of this contract, all documents, other materials, or data received from the other party must be returned. Processed data must be downloaded by the Client from the software service before the contract expires, at their own responsibility. After the end of the contract, the data processed with the services will be irrevocably deleted. The contracting parties waive any right of retention regarding such documents, materials, and data.

5. Sending of Messages

5.1. Clients must comply with anti-spam laws (GDPR, CCPA, etc.) when sending messages via the platform.

5.2. Campaigning Software reserves the right to suspend email campaigns suspected of violating spam regulations.

5.3. The Client shall fully indemnify and hold harmless the Contractor in the event of a data protection violation, particularly with regard to CCPA, GDPR and other legal provisions.

6. Warranty

6.1. All warranty remedies, such as rescission, replacement, or improvement, are excluded, to the extent legally permissible.

6.2. In the event of unauthorized modification and/or editing of the software service, configuration, or integration into the respective online presence by the Client, all warranty claims are excluded.

7. Exclusion of Liability

7.1. The Contractor shall not be liable for any property damage or financial losses incurred by the Client as a result of using the software service. This applies to both slight and gross negligence; only liability for grossly negligent and intentional conduct remains unaffected by this agreement.

7.2. Furthermore, the Contractor shall not be liable for achieving a specific desired outcome, even if such outcome was known to them, or for a specific suitability of the software service. Additionally, the Contractor shall not be liable for any loss of earnings resulting from the unavailability of the software service. This especially applies to software services for soliciting monetary contributions.

7.3. Exclusion of Responsibility for Stored Information: The Contractor is not responsible for the content or legality of the hosted data processed with the software service. The Contractor is also not obligated to search for unlawful content in the data processed by users. Should the Contractor become aware of the unlawfulness of certain processed data, they will promptly block access to this data, inform the Client immediately of this situation, coordinate further action with the Client, and, if necessary, initiate the deletion of such data.

7.4. If the Client becomes aware of the unlawfulness of certain data processed with the software service, they shall promptly inform the Contractor of this situation and coordinate further action with the Contractor.

7.5. If 1campaign is used in an unlawful or fraudulent way, Campaigning Software is allowed to suspend services immediately and remove any content or data associated with this client.

8. Exclusion of Liability

8.1. Exclusion of Liability for Property Damage and Financial Losses: The Contractor shall not be liable for any property damage or financial losses incurred by the Client as a result of using the software service. This applies to both slight and gross negligence; only liability for grossly negligent and intentional conduct remains unaffected by this agreement.

8.2. Furthermore, the Contractor shall not be liable for achieving a specific desired outcome, even if such outcome was known to them, or for a specific suitability of the software service. Additionally, the Contractor shall not be liable for any loss of earnings resulting from the unavailability of the software service. This especially applies to software services for soliciting monetary contributions.

8.3. Exclusion of Responsibility for Stored Information: The Contractor is not responsible for the content or legality of the hosted data processed with the software service. The Contractor is also not obligated to search for unlawful content in the data processed by users. Should the Contractor become aware of the unlawfulness of certain processed data, they will promptly block access to this data, inform the Client immediately of this situation, coordinate further action with the Client, and, if necessary, initiate the deletion of such data.

8.4. If the Client becomes aware of the unlawfulness of certain data processed with the software service, they shall promptly inform the Contractor of this situation and coordinate further action with the Contractor.

9. Other Agreements for the Execution of this Contract

9.1. The Client is obligated, upon request from the Contractor, to identify themselves by providing the name of a (legal or natural) person. Failure to comply with this requirement may result in the Contractor deleting the account and all content created therein.

9.2. Exchange of Information: Both parties shall promptly and voluntarily communicate to the other party any information relevant to the subject matter of the contract and deemed relevant by the other party.

9.3. Confidentiality: The parties agree to keep confidential all information, data, and documents concerning the other party that they become aware of before the conclusion of this contract or during its execution, provided that such information is jointly classified as confidential or declared as such by one party. This confidentiality obligation shall remain in effect even after the termination of this contractual relationship.

10. Final Provisions

10.1. The jurisdiction of the competent court in Vienna is agreed upon for disputes arising from or in connection with this contractual relationship.

10.2. Changes or additions to this contract require written form to be effective, and this also applies to deviating from this requirement of written form. Oral collateral agreements are ineffective.

10.3 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected thereby. A substitute provision shall replace the invalid provision, which comes as close as possible to the original purpose of the invalid provision.

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