of the company
Joinpoints GmbH
Puntigamer Straße 24
A-8041 Graz
FN 512495 w
T +43 (0) 664 450 78 59
Information and queries at hallo[at]joinpoints.net
UID number: ATU74458623
Media owner, publisher: Joinpoints GmbH
Business purpose: Development and operation of an online platform for task and information management
1. general
1.1. These General Terms and Conditions (hereinafter: GTC) apply to all services offered on www.joinpoints.net and all associated sites (hereinafter: platform). They govern all business relations between registered and non-registered users and Joinpoints GmbH (hereinafter referred to as the “Operator”). The version valid at the time of conclusion of the contract shall apply.
1.2. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
1.3. The user can view, download and print out the currently valid version of the GTC on the operator’s website www.joinpoints.net/agb.
1.4. The contractual and business language is exclusively German.
2. registration
2.1. To be able to use the full service of the application on the platform, the user must register.
2.2. Registration takes place by truthfully providing the requested user data. Only natural persons who have reached the age of 18 and have full legal capacity are permitted to register. A valid and existing e-mail address must be entered in the registration form.
2.3. Users are not permitted to register more than once. Registration confirms that the user is not yet a registered member of the platform.
2.4. Registration with incorrect data is not permitted and will result in immediate exclusion. The operator reserves the right to delete user accounts registered with one-time email addresses (also known as “disposable email addresses”) and profiles that have not been activated (by confirmation, see 2.5) within three months without prior notice.
2.5. After registration, the user receives an e-mail from the platform containing a link to confirm the e-mail address previously provided. Only after the request for confirmation by means of the corresponding link in the e-mail has been successful is the user requested to provide further data. The registration process is only completed once the requested data has been entered truthfully.
2.5.1. After successful and confirmed registration (see 2.5), the user receives their own user account and a password-protected area. Excluded are those successful and confirmed registrations that were made via an invitation from an existing user account. These users will only be connected to the user account of the invitation received.
2.6. The user undertakes to keep all personal data and all other data in the profile up to date at all times.
2.7. With the password selected by the user and the e-mail address provided during registration, it is possible to log in via the login area on the platform.
2.8. The user is obliged to ensure that the password is not made accessible to third parties. The user bears full responsibility for all actions taken via the respective profile. Furthermore, the user is obliged to inform the operator immediately of any knowledge of third parties of the respective password and also of any misuse of the profile.
2.9. There is no entitlement to use and associated registration on the platform. The operator has the right to reject a registration without giving reasons. All data entered in the registration form up to this point will be deleted by the operator.
3. use of the platform
3.1. The operator provides the functions and data storage space to the user for a fee and, if specified, free of charge. The operator leases the use of the platform to the user. Furthermore, the operator retains all rights to the platform.
3.2. The operator enables successfully registered users (see 2.5.) to use the functions of the platform in their password-protected user account (see 2.5.1.). In this context, the operator’s services are limited exclusively to the provision of the platform.
3.3. The holder of the user account is the owner of and responsible for the entire content of the information and files that are transmitted and stored via the platform to the password-protected user account. The operator has no insight into the content of the information and files that are transmitted to and stored in the respective user account. The operator does not carry out any standard checks or verification of the transmitted or stored content or files. The operator reserves the right to view and check the transmitted and stored content and files of the user account concerned if there is a suspicion of a violation or a violation of the content guidelines (see 3.3.2) by a user. Furthermore, the operator is entitled to gain access to the content and files in the event of a verbal or written agreement with the owner of the user account.
3.3.1. The user or the user account holder authorizes the operator to access and view the files and content of the corresponding user account during maintenance work.
3.3.2. The operator specifies the following content guidelines: No pornographic content or files with pornographic content may be transmitted, traded or stored on or via the platform. Furthermore, this regulation applies to all prohibited and illegal content and files according to Austrian and European law.
3.3.3. The operator reserves the right to handle any violation of the content guidelines (see 3.3.2) with immediate exclusion from the platform.
3.3.4. The operator reserves the right to hand over all stored and transmitted content and files of the user account to the responsible authorities in the event of a breach of the content guidelines (see 3.3.2.).
3.3.5. The operator reserves the right to sue for damages in the event of a breach of the content guidelines (see 3.3.2.).
3.4. The user account described in section 2.5.1 has a limited capacity, determined by the number of users who have access to this user account, the number of join points used (see 4.1.1.) and the amount of cloud storage used (see 4.1.2.).
3.4.1. The user has the option of inviting other natural persons to connect to this user account via a linked user account in which he has administrator rights. The number of possible connected users with this user account is regulated by the capacity (3.4.).
3.5. The operator prohibits the dissemination of the user’s access data to third parties. The user is therefore obliged not to grant any other natural or legal persons access to the platform or the corresponding user account via their login data. The operator reserves the right to sue for damages in the event of a breach of this regulation. Furthermore, the operator reserves the right to immediately exclude the user or the entire user account from the platform in the event of a breach of this regulation.
3.6. The operator reserves the right to completely remove a user account without additional services subject to remuneration from the platform after 3 months of inactivity (see 3.6.1.). The operator may carry out this deletion after 3 months of inactivity (see 3.6.1.) without prior written or verbal notice.
3.6.1. The operator defines an inactive user account as a user account that has not seen any activity from a connected user for more than 1 month.
4. remuneration, subscriptions and termination
4.1. Where indicated, the Operator shall provide the User with a royalty-free user account, the stored content of which is the property of the User (see 3.3.). The user account must be created as described in section 3.4. Capacities specified by the operator. These are the limited number of user accesses to this user account, the number of possible join points (see 4.1.1.) and the amount of data stored in the form of cloud storage (see 4.1.2.).
4.1.1. The operator designates a join point (also known as an information point) as an entry in the data storage structure of the user account with a maximum of 20 contents in the form of text entries, stored files and other subordinate join points. If the maximum number of contents in a joinpoint is exceeded, another joinpoint is charged.
4.1.2. The operator refers to cloud storage as storage space on the operator’s servers. The amount of storage space used by a user account is billed, measured in the unit “bytes”.
4.1.3. The operator reserves the right to change and adjust the specified capacities of a user account (see 4.1.) without giving reasons. This does not apply to capacity brought in on the basis of an additional service subject to remuneration (see 4.2.).
4.1.4. The operator has the right to restrict the functionality of the platform if the capacity of the user account is exceeded. Furthermore, the operator has the right to block access to a user account if the maximum number of user accesses is exceeded. In addition, the operator may request the user or user account holder to delete the data that leads to the capacity being exceeded. The account holder or user has 7 days from receipt of this request to comply with it. If the user or the user account holder has not complied with this request after the deadline has expired, the operator has the right to claim damages and to completely delete the user account with all data and files contained therein without prior notice.
4.2. The owner or administrator of a user account is authorized to order additional services subject to remuneration for the respective user account and to make a purchase. This requires a person with signing authority and legal capacity or an authorized body of a legal entity.
4.2.1. The operator reserves the right to prohibit orders, purchases and payments for additional services that are subject to remuneration or free of charge for individual users and user accounts without giving reasons.
4.3. When ordering marked additional services, a monthly or annual subscription is concluded between the operator and the account holder. The performance period of a subscription is also referred to as the period. Payment for subscriptions taken out is made as described in section 4.4. described.
4.3.1. The user or the account holder, as well as the operator, have the right to cancel a subscription at any time. Notice of termination must be given in writing and signed by the account holder or the operator before the start of a new period. Once the subscription has been canceled, it will continue to run until the end of the notice period (see 4.3.1.1.).
4.3.1.1. The notice period for subscriptions with a monthly period is one month. This means that if you cancel your monthly subscription, the current period will expire and be extended for a further period. At the end of the additional period, the subscription is canceled and no further payments need to be made. Subscriptions with an annual period have no notice period.
4.3.1.2. If the capacities of the user account are exceeded when a subscription subject to remuneration is terminated, the operator has the right to take measures as described in section 4.1.4. to be carried out.
4.3.1.3. If the user account is completely deleted by the account holder, the operator is obliged to completely delete all data and files contained therein from the platform. The user or the user account holder is responsible for backing up the data and files before they are completely deleted. No data or files can be restored after the deletion has been carried out by the operator.
4.3.2. The user account holder or the administrator can change the number of additional options in a subscription at any time via the platform. If the quantity is increased, the difference will be invoiced for the period up to the end of the period. If the quantity is reduced, no difference will be credited on the basis of a completed and invoiced order. The new quantity is taken into account and offset in the next period.
4.4. Payment for additional services in the form of subscriptions must be made at monthly or annual intervals. The account holder or user is obliged to make payment at the beginning of each period within seven days of receipt of the invoice. This is done automatically via our payment service provider using the selected payment method. The user or account holder is obliged to make the payment until the subscription is terminated (see 4.3.1.). The amount to be paid in a period is made up of the quantity of the additional service included in the order and the price. The price stated on the platform at the time the subscription is taken out applies. The operator has the right to change the price at any time with a 4-week notice period. During this period, the user has the option of submitting written notice of termination of the subscription (see 4.3.1.) in order to object to this change. In this case, the subscription expires with the previous conditions.
4.4.1. The operator reserves the right to charge additional costs of 10% of the outstanding amount in the event of late payment. Furthermore, the operator has the right to block the affected user account without prior notice and make it inaccessible for further use until the outstanding amount has been fully and successfully credited to the operator’s account if payment is more than 14 days late since receipt of the invoice.
4.4.1.1 In addition, the operator has the right to deal with payment delays of more than 60 days since receipt of the invoice by terminating all paid and unpaid subscriptions, as well as the complete exclusion from the platform and deletion of all data and files of the user account.
5. availability of the platform
The aim of the operator is to enable comprehensive availability of the platform for the user. However, the user is not entitled to such availability. This entitlement cannot be granted for technical reasons. The operator endeavors to continuously develop the platform itself as well as the security of the platform through extensions or improvements, which may lead to a temporary suspension of the operator’s services and limited availability of the platform. Events outside the operator’s sphere of influence can also lead to such a measure. If maintenance work is carried out that leads to a restriction of the availability of the platform and the associated services, this will be indicated to the users. On the part of the user, there may also be corresponding restrictions due to a lack of technical equipment and/or poor data quality via the Internet. The operator is entitled to temporarily restrict the platform and its services at any time if this is necessary for capacity reasons, for security reasons or to carry out other technical measures or if the operator deems it necessary for other reasons.
6. liability
6.1 The operator is liable for personal injury regardless of the degree of negligence.
6.2. Otherwise, the operator is only liable for damage caused intentionally or through gross negligence. Liability for loss of profit and expected but unrealized savings of the user is excluded.
6.3. The operator is not liable for any data or files or content that are transmitted via the platform and stored in the respective user account. The owner of the user account is the sole owner of and responsible for the entire content and files of his/her user account and is therefore liable for them.
7. indemnification and hold harmless
Users shall indemnify and hold the operator harmless for all claims asserted by third parties against the operator due to an infringement of rights by content published by the user on the platform and/or by the user’s use of the services available via the platform. In this context, the user shall also assume the costs of any necessary legal defense by the operator, including all court and lawyer’s fees in the statutory amount. This does not apply if the infringement is not attributable to any culpable behavior on the part of the user. In the event of a claim by a third party, the user is obliged to inform the operator immediately, truthfully and completely of all information available to him that is necessary for an examination of the claims and a defense. Any further claims for damages by the operator against the user remain unaffected.
8. data protection
The user’s personal data is processed in strict compliance with data protection regulations. Further information on this can be found in the privacy policy on the platform.
9. final provisions
9.1. The operator reserves the right to change the GTC at any time and without giving reasons with future effect. The amended terms and conditions will be sent to the user by e-mail at least four weeks before they come into force. If the user does not object to the validity of the amended terms of use within the specified period after receipt of the notification of the amendment to these GTC, the amended GTC shall be deemed to have been accepted by the user.
9.2. These GTC and the legal relationship between the operator and the user are subject to the law of the Republic of Austria. The place of jurisdiction of the operator shall apply.
If the user is domiciled or habitually resident in Austria or is employed in Austria, a claim against a contractual partner pursuant to Sections 88, 89, 93 para. 2 and 104 para. 1 JN only the jurisdiction of the court in whose jurisdiction the domicile, habitual residence or place of employment is located can be established.
9.3. Should one or more provisions of these GTC be invalid, this shall not invalidate the entire contract. The invalid provision shall be replaced by the relevant statutory provisions.
9.4. The operator recognizes the Internet Ombudsman (Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at) as an out-of-court dispute resolution body.
9.5. Payments are made via the payment service provider Stripe, Inc. 185 Berry Street, Suite 550 San Francisco, CA 94107, USA, which uses its General Terms and Conditions as a basis. These are available at https://stripe.com/at/privacy and can be accepted by you there. Stripe, Inc. has no connection with the operator under company law.
Version 15.03.2018