Terms of use
1. subject matter of these terms of use
The company Frontlead – Dietmar Stuck e.U., Industrieparkstrasse 13, 9300 St. Veit an der Glan, Austria, mail frontlead io, +43 676 30 66 933 (hereinafter referred to as “FRONTLEAD”), has developed the Frontlead software. The aim of this software is to identify the needs, wishes and concerns of software users (hereinafter referred to as “ENDUSERS”) in the best possible way by asking specific questions. Based on the END USER’s answers, the END USER’s contractual partner (hereinafter referred to as the “PROVIDER”) has the opportunity to create targeted and customized solutions for the END USER.
These terms of use regulate the “rules of the game” which you, dear ENDUSER, must observe when completing the questions.
These Terms of Use expressly do not govern your contractual relationship with the PROVIDER.
2. conditions of use
The END USER is obliged to provide true and complete information in the course of using the software.
It is the END USER’s responsibility to create the necessary electronic infrastructure (in particular e-mail account and hardware and software infrastructure) for answering the questions. FRONTLEAD has no duty to provide information or advice in this respect.
3. conclusion of contract and payment modalities
If the END USER uses the FRONTLEAD software on the PROVIDER’s homepage, a business relationship is established between the END USER and the PROVIDER.
FRONTLEAD only provides the software. If there are any problems with the software, please contact FRONTLEAD, dear ENDUSER. However, the PROVIDER is your contact for all other aspects of the business relationship.
In particular, it is pointed out that any right of withdrawal under the Distance and Off-Premises Transactions Act (“FAGG”) must be asserted against the PROVIDER.
The FRONTLEAD software is offered to the ENDUSER in a free or paid version. In the case of a payable variant, the END USER is obliged to pay the PROVIDER. Only for internal billing purposes between the PROVIDER and FRONTLEAD shall the fee be paid to a FRONTLEAD account. FRONTLEAD shall reliably forward the remuneration paid by the END USER to the PROVIDER after deduction of an internally agreed software usage fee (i.e. agreed between the PROVIDER and FRONTLEAD).
4. rights of use
The END USER may use the FRONTLEAD software exclusively for the implementation of the project (questionnaire) created by the PROVIDER.
5. service disruptions
If FRONTLEAD is temporarily unable to provide the Software for reasons beyond its control (e.g. power failure, cyber-attacks, force majeure, problems with 3rd party software, server maintenance, epidemic), no claims can be asserted against FRONTLEAD. FRONTLEAD will of course endeavor to make the software available as quickly as possible.
6 Liability for damages and warranty
FRONTLEAD’s liability for slight negligence is excluded. Liability is generally limited to the amount of the payment made by the END USER to the PROVIDER within the last year. If the software is used free of charge, all warranty claims are excluded.
This limitation of liability does not apply with regard to personal injury and with regard to the Product Liability Act or in the event of wilful damage.
FRONTLEAD assumes no liability for any unlawful use and exploitation of the information about the END USER obtained in the course of the questionnaire (or project) by the PROVIDER (in particular within the meaning of the GDPR and the TKG).
7. data protection
Information on how FRONTLEAD processes the END USER’s data can be found in this privacy policy.
If you would like to receive information about how the PROVIDER processes your data, please contact the PROVIDER directly.
8 Place of jurisdiction and applicable law
This relationship shall be governed by Austrian law, insofar as this does not conflict with national consumer law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict of law rules is excluded.
The exclusive place of jurisdiction is the competent court in Klagenfurt, Austria. If the END USER is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the END USER may only be sued before the courts in whose district his domicile, habitual residence or place of employment is located.
9. other
Should any part of these terms and conditions be invalid, this shall not affect the validity of the remaining terms and conditions. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intentions of both parties to the agreement.
FRONTLEAD recommends the END USER to save these terms of use permanently.
Reference is made to the possibility of dispute resolution via an online dispute resolution platform (Art 14 Para. 1 S 1 ODR-VO) (http://ec.europa.eu/odr) and national consumer arbitration boards.
(January 2025)