General Terms and Conditions
Convenience translation of the „Allgemeine Geschäftsbedingungen“ of 23 degrees GmbH. In the event of any discrepancy, the German original prevails (see “Final Provisions”).
Scope of Application
These General Terms and Conditions (hereinafter: the “GTC”) apply to the business relationship between 23 degrees GmbH (hereinafter: “23 degrees”) and its users (consumers or businesses).
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 1 para 1 no 2 of the Austrian Consumer Protection Act – KSchG).
A business is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (§ 1 para 1 no 1 KSchG).
These GTC apply exclusively in the version valid at the time the contract is concluded.
Subject Matter of the Contract and Formation of the Contract
The website 23degrees.io is a platform that enables the preparation (e.g. graphical presentation), visualisation and publication of data.
The content published on 23degrees.io can also be accessed without registration as a “guest”. In this case, a contract of use is formed through the actual use of the website. For guests, however, use is limited to accessing 10 items of content per day.
Any use of the services beyond that described in Clause 2.2 requires the creation of a personalised user account (“registration”). This requires entering an email address and choosing a password. Registered use may be free of charge (“Free subscription”) or subject to a fee.
The contract for the use of the services as a registered user is formed upon the user’s sign-up, through the user’s acceptance of these GTC and the subsequent confirmation by 23 degrees (e.g. by activation of the account).
Upon formation of the contract, a free-of-charge Free subscription in accordance with the service description (Clause 3) is initially concluded automatically. This can be upgraded to a paid subscription at any time, whereby a contract covering the extended scope of use is concluded.
If the user creates content and does not mark it as “private” by means of the corresponding settings (where this function is available in the chosen subscription), the data and graphics prepared by the user are published and freely accessible to other users. The user grants 23 degrees and other users the right to access and use this published content and to publish it in other media (e.g. on websites, in print media, on the internet, in newspapers, as well as in other media formats such as podcasts or social media), provided the source is cited.
Scope of Services and Remuneration
The nature and scope of the services to be provided by 23 degrees are governed exclusively by the service description of the chosen subscription (Free, Pro or Enterprise, or add-on package) valid at the time the contract is concluded. The service owed consists of providing access to the software for the use of the functions specified therein.
The applicable prices are set out in the price list published on the website (available at: [insert link to the subscription plans and prices]) as valid at the time the contract is concluded. For consumers, prices are stated as total gross prices (including statutory VAT); for businesses, prices are stated as net prices (plus statutory VAT). Whether a displayed price is stated as a total gross price (incl. VAT) or as a net price (plus VAT) is clearly indicated during the ordering process.
Payment Terms and Payment Processing
A contract must be concluded in order to use the functions of 23 degrees. The contract is formed when an account is created (sign-up) by accepting the GTC by click. The GTC become part of the contract. Upon formation of the contract, a “Free” subscription is concluded automatically. The usage fee for paid subscriptions is payable in advance for the relevant subscription period. Depending on the chosen plan, billing takes place monthly or annually.
All invoiced amounts are due immediately upon receipt of the invoice, unless stated otherwise on the invoice.
Payments are processed via the payment service provider Stripe (Stripe Payments Europe, Ltd.). Stripe’s terms of use apply in addition; the user’s attention is drawn to these separately during the ordering process.
If collection of a payment fails (e.g. due to insufficient funds or incorrect payment details), the user shall reimburse 23 degrees for the additional costs incurred as a result (e.g. chargeback fees), insofar as the user is responsible for the failure. If the user is in default, 23 degrees is entitled to block access to the paid services. The obligation to pay the fee remains unaffected.
Term and Termination
The Free subscription may be terminated by 23 degrees or by the user at any time on 14 days’ notice in text form (e.g. by email).
A paid subscription (Pro or Enterprise) or a paid add-on package has the fixed minimum term agreed at the time the contract is concluded (1 month or 12 months). Ordinary termination is possible at any time on one month’s notice to the end of the chosen term. Notice of termination must be given in text form (e.g. by email).
If the user does not give notice of termination in due time to the end of the fixed term, the subscription is extended for an indefinite period on the terms of the initial subscription. Following the extension for an indefinite period, the subscription may be terminated by 23 degrees or by the user at any time on one month’s notice to the end of a calendar month. If the user has paid in advance for the extension period, the amounts attributable to the remaining term will be refunded on a pro-rata basis.
The right to extraordinary termination for good cause remains unaffected. In the event of the user’s death, the user’s heirs are entitled to terminate the subscription in accordance with Clauses 5.1 to 5.4.
23 degrees reserves the right to modify the digital service beyond what is necessary to maintain conformity with the contract (e.g. new functions, service adjustments) if (a) the contract provides for such a modification and for a valid reason for it (e.g. technological development, adaptation to market conditions, security requirements), (b) the modification does not involve any additional costs for the consumer, and (c) the consumer is informed of the modification in a clear and comprehensible manner.
If the modification impairs the consumer’s access to or use of the digital service more than merely insignificantly, the consumer will be informed a reasonable time in advance, on a durable medium (e.g. by email), of the features and the timing of the modification and of their right to terminate the contract free of charge. In that case, the consumer is entitled to terminate the contract free of charge. The consumer must exercise this right within 30 days of the date of the modification. This right of termination does not apply if 23 degrees enables the consumer to retain the digital service unchanged at no additional cost and the digital service continues to conform to the original contract.
Clauses 5.7 and 5.8 do not apply to businesses. 23 degrees reserves the right to modify the digital services vis-à-vis businesses as well, subject to a reasonable notice period.
Termination takes effect upon receipt of the notice of termination by 23 degrees. 23 degrees will confirm receipt of the notice of termination to the user without undue delay in text form.
User Obligations and Fair Use
The user undertakes to comply with the statutory provisions applicable to the relevant type of use.
Data may only be published and released for re-use if the original source of the data has consented to such general public use (e.g. open-data platforms or data in the public domain). This also applies to data sources that permit use for individual works, visualisations and publications, provided the required source attribution or other specific requirements are complied with. Data from copyright-protected sources must not be published if re-use or re-publication is (expressly) prohibited. Data from third-party sources must not be presented as the user’s own findings and must be properly attributed.
The user is obliged to protect their account against unauthorised access and misuse. Any suspected or actual breach must be reported to 23 degrees without undue delay.
Action in the event of misuse
If 23 degrees becomes aware of a breach of these terms of use, it reserves the right to remove the data concerned immediately and without prior notice.
23 degrees reserves the right to suspend functions if the user breaches this agreement, if usage patterns indicate that the service is being used by more users than licensed or by several departments contrary to the terms of use expressly set out in Clause 9, or if the user uses the services in a manner that 23 degrees must reasonably assume gives rise to liability.
In the event of a security emergency, 23 degrees may automatically suspend use of the services – both the free and the paid services. In such a case, 23 degrees will use commercially reasonable efforts to apply the suspension as narrowly as possible in order to prevent or end the security emergency and subsequently to restore the service.
Warranty
The statutory warranty provisions apply. 23 degrees warrants that, when used in accordance with the contract, the website provides the agreed functions.
Vis-à-vis businesses, the warranty given by 23 degrees is limited to rectification and, if rectification fails, to replacement (priority of subsequent performance). Businesses must report obvious defects in writing within two weeks of receipt of the service; otherwise, the assertion of warranty claims is excluded. The warranty period for businesses is one year from delivery of the service.
Liability
Claims for damages by the user are excluded. This does not apply to claims for damages by the user arising from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations), nor to liability for other damage based on an intentional or grossly negligent breach of duty by 23 degrees, its legal representatives or its vicarious agents. Material contractual obligations are those whose performance is necessary to achieve the purpose of the contract.
In the event of a breach of material contractual obligations through slight negligence – i.e. of those obligations on whose performance the user regularly relies and may rely for the proper performance of the contract – 23 degrees is liable in principle, but such liability is limited in amount to the foreseeable damage typical of this type of contract. Liability for other indirect damage, loss of profit or pure economic loss is excluded.
To the extent that the liability of 23 degrees is excluded or limited, this also applies for the benefit of its legal representatives, executive employees and other vicarious agents.
Right of Withdrawal for Consumers
Consumers have the statutory right of withdrawal in accordance with the following provisions. Businesses are not granted any voluntary right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us (23 degrees GmbH, Tigergasse 3/5, 1080 Vienna, Austria, email: office@23degrees.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to the services already provided up to the time at which you inform us of the exercise of the right of withdrawal in respect of this contract, in comparison with the full scope of the services provided for in the contract.
Exceptions to the Right of Withdrawal
In the case of a contract for the supply of digital content (such as the services of 23degrees.io) which is not supplied on a tangible medium, the consumer’s right of withdrawal expires if 23 degrees has begun performance of the contract after the consumer (a) has expressly consented to performance of the contract beginning before the expiry of the withdrawal period, (b) has confirmed their awareness of the fact that they lose their right of withdrawal as a result of the early beginning of performance, and (c) has been provided by 23 degrees with a copy or confirmation pursuant to § 5 para 2 or § 7 para 3 of the Austrian Distance and Off-Premises Transactions Act (FAGG).
In all other respects, the statutory exceptions under § 18 FAGG apply.
Withdrawal Form
The model withdrawal form can be found here.
If you wish to withdraw from the contract, please complete this form and return it to us.
Intellectual Property Rights
The intellectual property rights in the website 23degrees.io lie and remain exclusively with 23 degrees.
The intellectual property rights in the uploaded content and data remain, in principle, with the users. By uploading content and data, the user grants 23 degrees and other visitors and users of the site – depending on the subscription model and the individual settings – the right to use the content and data without limitation in time or territory. Depending on the settings, this use may also include the further processing, modification, linking (with other content or data), combination and publication of the content and data.
By uploading, the user warrants that they hold the rights in the content and data required for this purpose. This applies in particular to rights arising from copyright and from related rights (such as the sui generis right of the database producer).
Indemnification
This clause applies exclusively to users who are businesses.
The business shall indemnify 23 degrees and its legal representatives, managing directors, employees and contractors against all third-party claims arising from infringements of rights caused by the uploaded content and data which are asserted against 23 degrees on account of a culpable (intentional or negligent) infringement committed by the business through the content or data it has uploaded or through use of the services contrary to these GTC.
The indemnity also covers the necessary costs of 23 degrees’ legal defence (including all reasonable lawyers’ fees and court costs) as well as any third-party claims for damages or expenses.
Reservation of Future Amendments
23 degrees reserves the right to amend or adapt these GTC at any time, insofar as this is required by law or necessary to reflect the services we provide.
Amendments to the GTC will be announced no later than one month before they take effect, by email or by publication on the website.
Consumers have the right to object to the amendments. If the consumer does not object within two weeks of receipt of the notification, the amended terms are deemed to have been accepted. The consumer’s attention will be drawn specifically, in the notification of the amendments, to the significance of their silence. In the event of an objection, 23 degrees is entitled to terminate the contractual relationship by ordinary termination with effect from the date on which the amendments take effect.
The amendments are deemed to have been accepted by a business if the business does not object within two weeks of their taking effect.
Final Provisions
The language of the contract is German. The German version is authoritative for the interpretation of these GTC. These terms of use and all contracts concluded with 23 degrees are governed by the law of the Republic of Austria. In the case of consumers, this choice of law applies only insofar as it does not override mandatory provisions of the law of the state in which the consumer has their habitual residence.
The exclusive place of jurisdiction for all disputes arising from or in connection with contractual relationships between a business and 23 degrees is Vienna. Vienna is agreed as the place of jurisdiction for consumers, provided that at the time the action is brought they are neither domiciled nor habitually resident in Austria and are not employed in Austria.