EN — Terms of Use

1. Scope and parties

1.1 These Terms govern use of the KASPIT Desk software-as-a-service (“Service”) at desk.kaspit.net.

1.2 Provider: KASPIT Security GmbH, Fischerstrand 4/1/3, 1220 Vienna, Austria, FN 593406g, Commercial Court of Vienna, VAT ID ATU79083849, e-mail office@kaspit.net (“Provider”, “we”).

1.3 The Service is aimed primarily at businesses (B2B). Mandatory consumer rights remain unaffected where a consumer accesses the Service.

1.4 Licensed services carve-out: Desk is software only. Use does not constitute provision of licensed guarding, investigation or other regulated security services. Those require a separate engagement.

2. Service description

2.1 Desk provides scheduling/operations features as web SaaS. The then-current UI and any separate service description define the scope.

2.2 Paid plans and any SLA are agreed separately or shown in the app.

2.3 We may improve, change or discontinue features where reasonable. Material adverse changes will be announced where practicable.

3. Registration, accounts, customer data

3.1 An account is required. Information must be accurate and current.

3.2 The customer organisation appoints admins and is responsible for credentials, roles and the lawfulness of personal data it enters.

3.3 The customer must have a legal basis for processing staff/third-party data in Desk and provide notices as required.

4. Acceptable use

Prohibited in particular: unauthorised access or interference; malware/phishing/unlawful content; unlawful purposes; credential sharing; reverse engineering except where mandatory law allows; use that unreasonably harms reputation.

We may suspend or terminate accounts and notify authorities where required.

5. Availability — as-is / best effort

5.1 Provided with commercially reasonable care according to the state of the art.

5.2 No warranty of uninterrupted availability unless a separate SLA is agreed. Maintenance, force majeure and third-party outages may affect use.

6. Intellectual property

6.1 All rights in software, brands, design and docs remain with the Provider or its licensors.

6.2 Customer receives a non-exclusive, non-transferable, revocable right to access the Service for the term for intended SaaS use.

6.3 Customer content remains the customer’s (subject to licences needed to run and secure the Service).

7. Fees, term, termination

7.1 Fees, if any, are as agreed or shown in the app.

7.2 Term and notice: as agreed; otherwise either party may end the contract in text form with reasonable notice.

7.3 We may suspend or terminate for non-payment, serious AUP breach or security risk.

7.4 After contract end we may delete data after a reasonable export window (typically 30 days), subject to legal retention.

8. Liability (ABGB-oriented)

8.1 Unlimited liability for wilful misconduct and gross negligence and where mandatory law so requires (e.g. personal injury, mandatory product liability).

8.2 For slight negligence — to the extent permitted — no liability for indirect damage, lost profit, data loss (where customer failed to take reasonable backups/exports) or consequential damage.

8.3 Where slight-negligence liability cannot be excluded, it is limited — where permitted — to typical foreseeable damage.

8.4 Limits do not apply where mandatory law forbids them.

9. Indemnity

Customer indemnifies Provider against third-party claims arising from unlawful use or customer-supplied content/data, except to the extent Provider is predominantly at fault.

10. Privacy

The Privacy notice on desk.kaspit.net applies. A data processing agreement is available on request from office@kaspit.net.

11. Changes to Terms

We may update these Terms for the future. Material changes will be notified in the app or by e-mail. Objection and termination rights remain.

12. Governing law and venue

12.1 Austrian law, excluding conflict-of-law rules and CISG where applicable.

12.2 Exclusive venue for disputes with businesses: Vienna, Austria, where permitted.

12.3 Mandatory consumer venues unaffected.

13. Miscellaneous

Severability; ineffective clauses replaced by the nearest lawful arrangement serving the same commercial purpose. Notices in writing/text form unless mandatory law requires otherwise.