GENERAL TERMS AND CONDITIONS OF USE

Last updated: November 2024

Introduction

TierCrush is a product of ROKKHOPPER Innovations GmbH ("we" or "us") and provides the use. Please take the time to read these Terms and Conditions of Use carefully. By registering or otherwise using TierCrush, you agree that you have read, understood and accepted these Terms and Conditions, including our Privacy Policy, and agree to be bound by them.

Our product

TierCrush is an all-in-one subscription management service designed to streamline license administration, reduce costs and enhance productivity. TierCrush provides users with comprehensive tools to effectively manage subscriptions, achieve savings and optimize resources through a user- friendly dashboard.

Account registration

To use the service you must register and provide all required data or information in a complete and truthful manner. You are responsible for keeping their login credentials confidential and safe. By registering, you agree to be fully responsible for all activities that occur under their username and password.

Prices

Prices are displayed exclusive of taxes. We reserve the right to adjust our prices when necessary due to general factors like market conditions, changes in operating costs or improvements to our services. You will be informed of price changes in advance. Unless stated otherwise, new prices will take effect from the date they are announced and apply to all future payments.

Subscriptions

Subscriptions allows you to receive a product continuously or regularly over time. Paid subscriptions begin on the day the payment is received by the owner. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Termination of subscriptions

Subscriptions may be terminated at any time by clicking on the Unsubscribe Button. Subscriptions will terminate only at the end of the monthly billing period following the unsubscription.

Account deletion

If you wish to delete your account, please use the contact form and state that you want your account to be deleted.

Right of withdrawal

Unless exceptions apply, you may be eligible to withdraw from the contract within 14 days after the day that the contract is entered into, for any reason and without justification. To exercise their right of withdrawal, you must use the contact formular and send to the owner an unequivocal statement of their intention to withdraw from the contract. In order to meet the deadline within which they can exercise such right, you must send the withdrawal notice before the withdrawal period expires. If payments were made and if you correctly withdraw from a contract, you will be reimbursed by the owner .

Disclaimer of warranty

The components are provided 'as is', without warranty of any kind, express or implied, including but not limited to warranties of merchantability, satisfactory, fitness for a particular purpose, or non- infringement. Any express or implied warranties or conditions not expressly set out in these terms and conditions of use (including, but not limited to, loss of profits, loss or corruption of data, business interruption or loss of contracts) are, to the extent that such exclusion or limitation of liability is permitted by applicable law, excluded and expressly disclaimed. Your legal rights are not affected.

Disclaimer

To the extent permitted by applicable law, we, ROKKHOPPER Innovations GmbH, accept no liability for the functionality of data connections and/or computer services, errors, malfunctions, or damage caused by improper operation, or any other conditions (e.g. use of unsuitable software/hardware, errors in the operating system and abnormal conditions such as power fluctuations, room temperature etc.) We, ROKKHOPPER Innovations GmbH, have implemented reasonable technical and organizational measures to protect personal user data. However, we accept no liability for unauthorized acquisition of personal data by third parties or for any server failures beyond our reasonable control. We accept no liability in the event of improper use of the end device and/or an incident in connection with the use of the end device when using TierCrush. We accept no liability for consequential damage, financial loss, lost profits and the cost of restoring lost data. We accept no liability if our service fails due to force majeure or fortuitous events, including, but not limited to, internal or external failures or defects, and generally any unavoidable or unforeseeable events that prevent proper performance. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ROKKHOPPER Innovations GmbH as a result of your use of TierCrush. You agree not to hold yourself out as a representative, agent or employee of ROKKHOPPER Innovations GmbH. Nothing in this disclaimer shall exclude or limit our liability for gross negligence, intentional misconduct, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You are responsible for your use of TierCrush. To the extent permitted by applicable law, you agree to indemnify and hold harmless ROKKHOPPER Innovations GmbH, its affiliates, officers, agents, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

  • your access to or use of TierCrush;
  • your violation of these Terms and Conditions of Use or any applicable laws or regulations; or
  • any disputes between you and third parties resulting from your use of TierCrush. This indemnification obligation does not apply in cases of gross negligence or willful misconduct by ROKKHOPPER Innovations GmbH. In the event of a claim, suit or proceeding (collectively, "claim") to which this indemnity applies, we reserve the right to assume the exclusive defense and control of any such claim, and you agree to cooperate fully with us in asserting any available defenses. You also agree not to settle any claim without our prior written consent. This indemnification provision shall survive the termination of your use of TierCrush or these Terms and Conditions.

Online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. You can reach us by e-mail: [email protected] We do not participate in the dispute resolution procedure.

Other terms and conditions

Applicable law

These Terms and Conditions of Use and the Agreement shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. All disputes between the parties shall be subject to the exclusive jurisdiction of the competent court at the registered office of ROKKHOPPER Innovations GmbH. Notwithstanding this, ROKKHOPPER Innovations GmbH shall be entitled to sue the customer at the customer's general place of jurisdiction.

Written form

For declarations in connection with these Terms and Conditions of Use and the contract, communication by e-mail, even without a qualified electronic signature within the meaning of the eIDAS Regulation, shall be considered to be in writing within the meaning of Section 886 of the Austrian Civil Code (ABGB).

Updating these Terms and Conditions of Use

We, ROKKHOPPER Innovations GmbH, may change the Terms and Conditions of Use for legitimate reasons, e.g. to add new functions to TierCrush or to improve existing functions. We strive to further develop technology, which is why appropriate technical adjustments may occasionally be made to ensure the functionality or security of TierCrush. The Terms and Conditions of Use may also be changed for legal or regulatory reasons. If a significant change is made to the Terms and Conditions of Use, you will be notified at least 14 days in advance. We may send these notices by email to an email address associated with your account on TierCrush, and we will notify you when the new version of these Terms becomes effective. In this case, please read such notices carefully. If you do not agree with the changes to the Agreement and no longer wish to use TierCrush, you may delete your account at any time. In the event that urgent changes are required for security reasons, legal requirements or official orders, advance notification may not be possible. However, we will inform you immediately as soon as we are able to do so.

Severability clause

Should individual terms of these Terms and Conditions of Use be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remaining terms. In place of the invalid or unenforceable term, the legally permissible term that comes closest to the economic purpose of the invalid or unenforceable term shall be deemed to have been agreed. The same applies in the event of loopholes.

Contact

[email protected]