1. General

PATHADVICE International GmbH (hereinafter „PATHADVICE“) offers companies (hereinafter „Companies“) digital solutions (hereinafter „Software“) for communicating with website visitors and customers. These solutions essentially comprise:

(1) The communication with website visitors and customers via digital communication channels via a dialogue box that can be integrated on the Company’s website (hereinafter“Dialogue Box“).

(2) The analysis of previous website visitors

(3) The scheduling of appointments with website visitors

PATHADVICE provides the services for the Company on basis of these general terms and conditions, regulating the legal relationship between the Company and PATHADVICE.

PATHADVICE grants the Company a simple, non-exclusive right of use that is limited in time for the duration of the agreed term of the usage contract in connection with the tariff model selected by the Company. The right of use is limited to the use as described below. A transfer of rights to the software or the source code itself is not part of the contract.

As part of the software, storage space is made available on central servers on which the data generated and processed with the software can be stored for the duration of the contractual relationship. The archiving of the data in accordance with the retention periods under commercial and tax law is not included in the scope of services.

The use of the software requires the Company to register an account. The registration of an account is only permitted for legal entities. All others are prohibited from using the software. The registration of a legal person may only be carried out by a natural person authorized to represent the Company.

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2. Registration

The registration and creation of an account is initially carried out via the registration process at www.letsconnect.at. Companies are obliged to provide registration data complete and truthfully and agree to the Data Processing Agreement and these terms and conditions.

With click on the “Register for free” button, a contract is concluded between the Company and PATHADVICE for the use of the PATHADVICE software, based on the tariff model selected by the Company and subject to these terms and conditions.

The Company must keep the access data including the password secret and protect them from unauthorized access by third parties. It is the sole responsibility of theCompany to ensure that access to the software and the use of the services made available are exclusively carried out by the Company or by persons authorized by it. If there is a suspicion that unauthorized third parties have or will become aware of the Company’s access data, PATHADVICE must be informed immediately.

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3. Legal or other requirements for the Company

The logos and photos displayed on this website are the property of PATHADVICE International GmbH or have been provided by the rights holders. None of the information on this website is to be construed as granting any licences or rights to the logos or photographs. PATHADVICE International GmbH reserves all rights to text, images, graphics, animations, videos and other materials and their arrangement on the website. The content of this website may not be copied, distributed, modified or made available to third parties for commercial purposes. PATHADVICE International GmbH reserves the right to change, supplement or delete the contents of the website in whole or in part at any time. PATHADVICE International GmbH accepts no responsibility for any consequences of this.

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4. General obligations of the Company

The Company is responsible for all content that the Company keeps or saves on its Dialogue Box. PATHADVICE is not obliged to check the Dialogue Box of the Company for possible legal violations. Should PATHADVICE be used as a third party or interferer due to illegal content provided by the Company on its Dialogue Box (e.g. for omission, revocation, correction, compensation, etc.), then the Company is obliged to reimburse PATHADVICE for all costs incurred. The Company is also obliged to support PATHADVICE in any way in warding off such claims.

The Company is responsible for regularly backing up all files and software settings where to the Company has access. In any case, the data must be backed up before any changes are made by the Company and before maintenance work of PATHADVICE, provided this has been announced in good time by PATHADVICE.

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5. Revocation by the consumer, exclusion of revocation

The services regulated in these General Terms and Conditions are aimed exclusively for companies and therefore consumer rights of withdrawal do not apply.

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6. Provision, availability

For technical reasons, PATHADVICE cannot guarantee a permanent complete availability of the servers through which the platform is operated. From time to time the availability of the platform may be limited – in particular due to the necessary performance of maintenance or repair work. PATHADVICE will inform the service provider about the execution of planned maintenance work and its scope in due time by means of a notice on the platform. Should the system fail unexpectedly, PATHADVICE will, if possible, inform the service providers about the extent and duration of the failure. PATHADVICE does not assume liability for the use of the PATHADVICE software. Furthermore, access to the platform is also depends on the technical equipment available from the Company as well as the data transmission on the internet.

PATHADVICE can temporarily restrict access to the software at any time if this is necessary with regard to capacity limits, the security of the PATHADVICE servers (e.g. attacks from the Internet) or to carry out technical measures.

In the case of the unavailability of the platform as a result of unforeseeable events such as force majeure, war, industrial disputes, natural disasters and other events beyond the control of PATHADVICE and for which PATHADVICE is not responsible, PATHADVICE is exempted  for the duration of the disruption and to the extent of its effect Duties. In such a case, both PATHADVICE and the Company are obliged to adapt their mutual obligations to the changed circumstances in good faith.

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7. Fees for the use of the software; Trial period

PATHADVICE offers the Company a test period of 30 days from registration on. During this test period, PATHADVICE does not charge a monthly fee except the Company decides actively for a paid model.

The Company must pay PATHADVICE a monthly fee for the use of the software, which results from the chosen tariff model, which is available at https://www.letsconnect.at/pricing.

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8. Term, termination

The contract between the Company and PATHADVICE is concluded for an indefinite period of time and begins – even in the case of the free test period – with successful registration of the Company. 

If the Company does not book a fee-based tariff model by the end of the test period, it´s user account will be – depending on the sole discretion of PATHADVICE – switched to an inactive state, completely deleted or provided with limited service level. If a fee-based tariff model is booked by the Company, the term agreed with the Company is decisive and begins with the booking of the tariff model.

In case of a monthly agreed term, the contract can be terminated until the end of the current month. If the contract is not terminated within this period, it is automatically extended for another month.

In case of an annually agreed term, the contract can be terminated until the end of the annual contract period. If the contract is not terminated, it is automatically extended for another year.

The right to terminate for an important reason remains unaffected.

Any termination of this contract can be made directly in the Let’s Connect login area, online via email to office@pathadvice.at or via letter to

PATHADVICE International GmbH‍

Serlesweg 3
6161 Natters
AUSTRIA

and will take effect upon receipt. After termination of the contractual relationship, PATHADVICE is no longer obliged to provide the contractual services and will delete all of the Company’s data on the server, including electronic correspondence, customer data and documents. The timely storage and backup of the data is therefore the responsibility of the Company, in particular for any obligation to archive data that may result from retention periods under commercial and tax law.

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9. Liability

PATHADVICE’s legal and contractual liability for damages is limited in any case as follows:

For the slightly negligent breach of essential obligations arising from the user relationship, PATHADVICE is liable for the amount limited to the damage typically foreseeable when the contract was concluded. PATHADVICE is not liable for the slightly negligent breach of non-essential obligations arising from the contractual relationship. The aforementioned limitations of liability do not apply in cases of mandatory legal liability, for willful breaches of duty, if and to the extent that PATHADVICE has assumed a guarantee and for culpably caused physical damage (injury to life, body, health).

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10. Data protection

The processing of data provided by Company takes place in compliance with data protection regulations. More information can be found at PATHADVICE’s data protection provisions.

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11. Blocking of access

PATHADVICE reserves the right to exclude the Company from the use of the software temporarily or permanently without giving reasons, in total or in individual areas and at its own discretion, and to delete the account and all data of this Company if PATHADVICE has indications that the Company violates essential obligations from his contractual relationship with PATHADVICE.

In the case of temporary or permanent blocking, the access authorization will be blocked and the Company will be notified of this by email.

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Final provisions

PATHADVICE reserves the right to change the terms and conditions at any time and without giving reasons. PATHADVICE will send the amended terms and conditions to the Company by email before they come into force. PATHADVICE will also point out the change to the terms and conditions on the online platform and post the current version of the terms and conditions on the online platform. If the Company does not object to the validity of the amended terms and conditions within four weeks of receiving notification from PATHADVICE of the amendment to the terms and conditions, the amended terms and conditions are deemed to have been accepted by the Company. 

The terms and conditions and the legal relationship between the Company and PATHADVICE are subject to the law of Austria, excluding international conflict laws. The place of jurisdiction for all disputes arising from the legal relationship between the Company and PATHADVICE is Innsbruck / Austria; PATHADVICE has the right to sue the Company at his place of residence or company headquarters. In addition, the general statutory provisions apply.