WorkHeld Terms of Use
General Terms of Use for the Use of WorkHeld Applications and Websites of Tablet Solutions GmbH
Booth: 19.03.2018

These General Terms of Use (GTC) apply to all users of www.workheld.com, the WorkHeld applications and the associated applications and services. For a higher comprehensibility, gender-neutral “users” will be used from now on.

Acceptance of the offer to use WorkHeld creates a contractual relationship between Accepting Company (hereinafter referred to as “Customer”) and Tablet Solutions GmbH (operator of www.workheld.com and the WorkHeld Applications, hereinafter referred to as “WorkHeld”) with its registered office at Rotensterngasse 5, 1020 Vienna.

1. Service description
The WorkHeld platform offers companies and their employees in service planning (coordinator) the possibility to plan work orders (incl. documents) from technicians/workers and to enable technicians to document their work. All information is generated and made available by the users themselves. WorkHeld itself offers exclusively the platform for this. The technicians/workers and the coordinators are both users of the WorkHeld platform.
Coordinators independently create orders and load the necessary documents onto the WorkHeld platform.
Technicians can be invited to use WorkHeld and then log into the Tablet/Smartphone app.
They then see the work orders assigned to them, including documents, and can document their work in the form of the following entries, among other things:
working hours
travel period
out-of-pocket expenses
measured data
Defects/Deviations
material usage
A “collective PDF” can be created from the entries (hereinafter referred to as a report).
These PDF reports can be digitally signed, although WorkHeld does not guarantee the legal validity of this signature.
Furthermore, spare parts can be ordered and managed and information on plants in the field can be viewed.
The customer expressly agrees that the documented entries of all users may be stored and processed on the WorkHeld servers.
The technicians/workers also agree that the documented entries may be viewed by the coordinators.

2. Terms
“Services” means all functions provided to the Customer via the WorkHeld Platform.

3. Paid use
Tablet Solutions GmbH offers the use of the services with costs for the use of WorkHeld. A monthly or annual fee according to the offer is due in advance. This fee allows the use of the WorkHeld platform and applications.
Users must register to use WorkHeld. The use of the services of WorkHeld is for natural persons 18 years and older who are able to conclude a legally binding contract. The profile data provided must be truthful and complete and must be kept up to date at all times. Multiple registrations are not allowed.
This permission of use is automatically renewed until termination. Automatic contract renewal can be prevented by timely termination. As long as you do not cancel your permission before the expiration date, you automatically agree that the usage fee will be charged for the following period.
Unless otherwise stated in the offer, the term is one month for monthly payments and one year for annual payments. The license is automatically extended by the respective period (one month or one year for annual payment), if you do not cancel it within 4 weeks before its expiration (by mail to Tablet Solutions GmbH, Rotensterngasse 5, 1020 Vienna or by e-mail to hallo@workheld.com).
Payment for the chargeable services is made at the prices and conditions indicated on the www.workheld.com website or in an individual offer. All prices are exclusive of taxes. WorkHeld is entitled to adjust the prices, functionality and number of users of the Services from time to time. The user will be informed of such an adjustment. The prices can be adjusted in case of extension, modernization or change of functionality. Payment must be made to the account included in the invoice within 14 days of receipt of the invoice.
In case of non-payment for any reason or in case of violation of these conditions, WorkHeld is entitled to immediately block the Customer’s access to the Service and to terminate the Customer’s account.
In the event of termination of the account, WorkHeld reserves the right to charge a reconnection fee in the event that the customer requests restoration of his access to the account.

4. Free trial membership/ trial access
Under certain circumstances, in addition to the paid use of the services on the WorkHeld platform, a free trial period is possible. Unless otherwise stated during registration, this is 14 days. The free trial period is intended to allow new and certain former members to try the service.
WorkHeld will evaluate the eligibility for a free trial period at its sole discretion and limit it if necessary to prevent misuse. If it is determined that there is no entitlement for the free trial period, WorkHeld reserves the right to revoke it and close the account. To check the authorization status, WorkHeld is authorized to access data such as the payment method or email address that has already been used for an existing or until recently existing license. Certain restrictions may apply when combining with other offers.
The permission to use the software can be cancelled at any time before the end of the free trial period by email to hallo@workheld.com without giving reasons. The end date of the free trial period is 14 days after delivery of the test access data. Individual agreements are excluded.
If the license is not terminated before the end of the free trial period, WorkHeld will charge the license to the respective user, taking into account the trial period per invoice delivery. With regard to the use and the usage fee, the provisions of point 2 apply.

5. Contents of the WorkHeld App and on www.workheld.com
Tablet Solutions GmbH has created the contents and functions in the WorkHeld Apps and on www.workHeld.com with great care. However, WorkHeld cannot assume any liability for the topicality, correctness and completeness of these contents and functions.
As a service provider, WorkHeld is not obliged pursuant to Section 18 (1) E-Commerce Act to monitor information stored, transmitted or made accessible by www.workheld.com and the WorkHeld Apps or to check for illegality on its own initiative. However, WorkHeld is obliged to comply with the request of courts or authorities to transmit such information within the scope of statutory duties to provide information and to cooperate.
WorkHeld reserves the right to change, supplement, delete or temporarily or permanently hide content that violates applicable law, morals, morals or contractual obligations without prior notice.
The user is obliged to regularly check the contents provided by him as to whether these do not violate morals or morals, applicable law or the rights of third parties – in particular personal rights or copyrights – and to remove these if necessary or to report this to WorkHeld. All information provided by users (e.g. orders, comments, ratings, user profiles) are exclusively those of the author over which WorkHeld has no influence.

6. Liability and responsibility of WorkHeld (www.workheld.com or WorkHeld Apps)
WorkHeld is not responsible for information entered by the user or for providing access to this information. With regard to the contents entered by users, § 16 ECG applies.
In particular, WorkHeld is not responsible for the accuracy of the data entered (e.g. contact data or addresses).
In particular, WorkHeld will immediately remove or block access to information as soon as WorkHeld is informed of a blocking or removal order or of circumstances that clearly indicate that the information is illegal, or otherwise becomes aware of them.
WorkHeld is not liable for direct or indirect references (links) to external websites which lie outside the area of responsibility of WorkHeld.
WorkHeld declares that at the time the links were created, no illegal content was discernible on the linked pages. WorkHeld has no influence on the current and future design, content or authorship of the linked pages. For illegal, incorrect or incomplete contents and damages arising from the use of such sites, the provider of the site to which reference is made is exclusively liable.
WorkHeld provides all its services in accordance with the current state of technical and organisational conditions. WorkHeld reserves the right to modify or, if necessary, discontinue the applications, the website www.workheld.com or the services.
WorkHeld uses a secure transmission method (SSL) for the transmission of data and documents. The aim is to achieve the highest possible safety standard. However, WorkHeld cannot take responsibility for hacker attacks.
WorkHeld assumes no responsibility for any interruptions, malfunctions, deletions, transmission errors or a memory failure in connection with the use of services or communication with users / among users. WorkHeld shall not be liable for delay or impossibility of performance due to force majeure (e.g. strike, fire, war, theft, etc.) or for reasons outside the sphere of WorkHeld (e.g. due to official orders or technical changes). The User acknowledges that the services offered by WorkHeld include the services of third party network operators. The availability of the services therefore depends on the technical provision of external network services for which WorkHeld cannot assume any responsibility.
In the event of maintenance work, the services offered may be restricted – the user is not entitled to any claims whatsoever.
If a contract is concluded between users using WorkHeld or the WorkHeld applications, only the users involved become contractual partners of the concluded transaction. Claims from contracts between users cannot be asserted against WorkHeld. WorkHeld itself does not become a contractual partner of the contracts concluded exclusively between users. These contracts concluded via the WorkHeld platform shall be fulfilled exclusively between the Users. WorkHeld is not responsible for any disputes between users arising from the contractual relationship.

7. Liability and responsibility of the user
The user is responsible for the content of his account and the uploaded data & documents, as well as for ensuring that the content uploaded by him complies with all applicable legal provisions (in particular laws, guidelines and codes of conduct as well as these terms of use).
By using the services of WorkHeld, the user promises that his WorkHeld is correct, exact, up-to-date and complete with regard to the information provided (in particular invoice data). The user also undertakes to update his data immediately in the event of a change so that his data is correct, accurate, up-to-date and complete at all times. If there is reason to believe that data is inaccurate, accurate, current or complete, WorkHeld is entitled to block access and deny access to the WorkHeld Site and Services.
Users are required to keep their password and account information secure and not to share it with anyone. Users are responsible for preventing unauthorized persons from gaining access to WorkHeld. Users are also responsible for all activities that occur in their account. Users agree to notify WorkHeld immediately of any unauthorized use of their account or other security breaches. Users are solely responsible for any use of their account.
The user is not permitted to (systematically) read content or information of other users outside the company.
The User undertakes to hold WorkHeld harmless for damage caused by him in connection with claims, demands, lawsuits, etc. due to defamation, insulting offences, violation of personal or intellectual property rights, the failure of services for other users, a violation of these TOS or other rights.
Furthermore, the user undertakes not to misuse the services in the WorkHeld application or on www.workheld.com, in particular:
not to disseminate immoral, obscene, pornographic or right/left extremist, violent content or photos
not to disseminate defamatory, offensive or illegal material or information about it
not to threaten, harass or otherwise violate the rights of any other person
not to upload data containing viruses
not to upload any data protected by copyright (unless he owns the copyrights or has the corresponding consents)
not to enter incorrect address data
not to use the application or the website in a way that adversely affects the availability of the offers to other users
not to intercept or attempt to intercept information (emails, messages, etc.)
not to send chain letters, unlawful structural distributors or the like
not to generate traffic by unauthorized means
Failure to comply with the above obligations may result in the following sanctions
Invitation to comment
admonishment
Restriction of use
Deleting contents
Blocking of use
where appropriate, transfer of information relevant under criminal law to investigating authorities.
In addition, WorkHeld also reserves the right to take legal action of any kind.

8. Copyright
Users are responsible for checking any third-party rights to the content they post and are solely liable for any violation of such rights. The User indemnifies WorkHeld in this respect.
The User transfers to WorkHeld all rights necessary for the use in the WorkHeld Apps or on www.workheld.com, in particular the right to duplicate, distribute to users, transfer, broadcast, edit, extract from a database for retrieval, in terms of time, location and content to the extent necessary for the use in the WorkHeld Apps and on www.workheld.com, for which the User is the author. The aforementioned rights entitle WorkHeld to use all known technical procedures and all known forms of online media.
All contents, information, logos, images, designs, layout, applications, sound documents, video sequences, descriptions, illustrations and graphics etc. are and remain – together with the associated rights – the property of the respective owner. The user does not receive any kind of rights of use or exploitation of WorkHeld works. The modification, distribution, duplication, publication and passing on to third parties is not permitted.
All trademarks and trade marks mentioned within the WorkHeld Apps and www.workheld.com and possibly protected by third parties are subject without restriction to the provisions of the respective protective law and are the property of the respective owners. WorkHeld shall not be liable to the User that the data and content transmitted or made available by the User are free of third-party rights.
If the software offered by WorkHeld or the offered image, music, video files or the like are provided with technical protection devices, it is not permitted to bypass these devices.

9. Warranty and Compensation
WorkHeld is not liable for performance failures that cannot be attributed to its sphere of responsibility, such as technical failures, force majeure or strikes in particular.
Claims for damages against WorkHeld resulting from the use of WorkHeld Apps or www.workheld.com or arising in connection with legal transactions are excluded, unless it is a matter of damage to a person or WorkHeld or a person for whom WorkHeld is responsible has caused the damage intentionally or through gross negligence.

10. Data protection
WorkHeld’s privacy policy is available on the Privacy tab.

11. Termination of the contractual relationship
The user has the right to terminate the contract for his use of the WorkHeld App and www.workheld.com with immediate effect at any time. The cancellation takes place by deleting the own user account. This does not apply to the chargeable permission of use, which is subject to the cancellation conditions specified under points 2 and 3.
WorkHeld may terminate the contract with the customer at any time without notice for good cause. An important reason lies in every not only insignificant breach of duty by a user, in particular in a breach of these GTC. Legal rights of termination remain unaffected.
The contractual relationship ends automatically when WorkHeld terminates the application and the platform www.workheld.com.
In the event that WorkHeld sells the application and the www.workheld.com platform or parts thereof to a third party, the user agrees to a transfer of the contractual obligations, in particular the payment obligation, to the third party.

12. Final clauses
The current version of the GT&C is available at www.workheld.com Agreements that deviate from or supplement these GTCs must be made in writing to become effective.
WorkHeld is entitled to change this TOS unilaterally. The customer will be informed of any changes by notification of the content of the amended regulations. The change becomes valid if the customer does not object in writing (by post to Tablet Solutions GmbH, Rotensterngasse 5, 1020 Vienna or by e-mail to hallo@workheld.com) within six weeks of receipt of the change notification of the inclusion in the contractual relationship.
Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
All legal disputes arising from this contract shall be governed by Austrian law. The applicability of the UN Sales Convention is excluded.
Domestic jurisdiction is agreed. If it is not a consumer transaction, the competent court in Vienna, Innere Stadt, shall have jurisdiction to decide all legal disputes arising from this contract.
Place of performance is the registered office of Tablet Solutions GmbH.