General Terms and Conditions of reportly FlexCo
Last updated: November 4, 2025
- Validity
1.1 The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts between reportly FlexCo (Lorcher Straße 2a, 4470 Enns, Austria; hereinafter referred to as “reportly”) and a consumer or entrepreneur (hereinafter “contracting party” according to §1 of the Austrian Consumer Protection Act – KSchG) in the version valid at the time of conclusion of the contract. - Scope
2.1 These provisions apply to both paid and unpaid contractual agreements with reportly. The latter include, for example, pilot projects, proofs of concept, and test deployments. The provisions apply equally to transactions concluded directly with customer representatives as well as those concluded via websites belonging to reportly (e.g., www.reportly.at). Furthermore, any additional individual agreements shall apply if they have been made in writing between the contracting parties. Any general terms and conditions of the customer shall only be accepted by reportly if reportly has given explicit written consent.
2.2 In addition to this document, reference is expressly made to applicable EULA documents (End User License Agreements) for reportly software products. The respective EULA document is available on the product’s website or on download portals of third-party providers (e.g., App Stores).
2.3 reportly reserves the right to change the GTC, price lists, and other applicable documents at any time. In case of changes, customers will be notified in writing. They will be granted an objection period of four (4) weeks from receipt of the notice of change. If no written objection is received, reportly will assume that the customer has accepted the changes in full. In the event of an objection, reportly reserves the right to terminate existing customer contracts with a notice period of three (3) months, whereby the previously valid contractual provisions shall remain in force during the notice period. - Contractual Conditions for Software Orders
3.1 reportly’s range of products and services consists of cloud-based software services (Software as a Service, “SaaS”) and associated downloadable programs that can be executed on mobile devices (“Apps”). Both are hereinafter referred to as “software.”
3.2 Unless otherwise agreed between the customer and reportly, these GTC shall also apply analogously to order-related developments and to customization services performed on standard software products (“Customizing”).
3.3 reportly reserves the right to continuously develop its software products and SaaS services to comply with the current state of the art. The contracting party acknowledges that this continuous development may result in incompatibilities with older hardware or software systems. This applies in particular—but not exclusively—to browser programs, low-resolution display systems, and network components that no longer support common security standards.
3.4 As long as basic functionalities are not affected, reportly may make changes without prior notice.
3.5 If software updates cause fundamental functional changes that may significantly affect the contracting party’s workflows, reportly will inform the contracting party at least two weeks in advance.
3.6 If software updates result in the removal of core functionalities that could significantly affect the contracting party’s workflows, reportly will inform the contracting party at least four weeks before the update.
3.7 reportly reserves the right to block access to reportly services if the contracting party demonstrably violates provisions arising from these GTC or from individual written agreements.
3.8 Unless otherwise agreed, the contracting party and reportly enter into a software subscription for one (1) year, which automatically renews at the current prices unless the contracting party terminates the subscription in writing three months before the end of the subscription term.
3.9 Termination must be communicated to reportly by a clear declaration (e.g., by letter to reportly FlexCo, Lorcher Straße 2a, 4470 Enns, Austria, or via email to office@reportly.com). In case of termination by mail, it is sufficient to send the notice on the last day of the month (postmark).
3.10 reportly reserves the right to terminate the contract prematurely if the contracting party demonstrably uses the software outside its intended purpose, if there is a significant reason for termination, or if the contracting party is more than 45 days in arrears.
3.11 By entering into a contract with reportly, the contracting party obtains a non-exclusive, non-transferable, and non-sublicensable right to use the reportly software for the duration of the contractual relationship. All trademark rights, intellectual property, and patents remain with reportly.
3.12 Resale or sublicensing is prohibited unless explicitly agreed in writing (e.g., reseller or agency agreements).
3.13 The exact scope of services, including server capacities (number of accesses, storage volumes), is defined in order confirmations or written individual contracts.
3.14 The contracting party has no legal claim to new software developments that include additional functionalities beyond the agreed product maintenance (e.g., additional modules), unless otherwise agreed. reportly may offer licenses for such additional functionalities directly or via resellers. - Data Protection
4.1 reportly collects and stores personal data only to the extent required by legal and business obligations (legitimate interest) and only insofar as necessary to provide or fulfill contractual services.
4.2 Where applicable and necessary, reportly acts as a processor within the meaning of the EU General Data Protection Regulation (GDPR). For this purpose, the contracting party may conclude a separate data processing agreement with reportly.
4.3 If the contracting party processes or stores personal data of third parties in reportly software products, the contracting party confirms that such data has been lawfully obtained in accordance with the GDPR and the Austrian Data Protection Act and that it is authorized to store this data in reportly software. - Obligations of the Contracting Party
5.1 Any unauthorized modification of reportly software products is prohibited unless explicitly agreed in writing.
5.2 The contracting party is solely responsible for keeping its IT systems up to date and performing regular data backups (reportly notes that customer data will not be stored for more than 30 days after the subscription ends).
5.3 The contracting party undertakes to use reportly software only as intended and shall inform employees and third parties accordingly.
5.4 If no password is assigned during registration or download, the contracting party will receive access credentials from reportly or an authorized reseller. All usernames and passwords must be changed to secure, individual passwords.
5.5 The contracting party must inform reportly immediately if it suspects that access data has become known to unauthorized persons.
5.6 The contracting party agrees not to circumvent any protection mechanisms (e.g., reverse engineering) or otherwise copy or derive works from reportly software. - Contractual Conditions for Goods Orders
6.1 The presentation of goods in a reportly webshop does not constitute a legally binding offer but a non-binding invitation to order. By submitting an order, the contracting party makes a binding offer to conclude a purchase contract. The contract is concluded when reportly sends an order confirmation.
6.2 The contracting party makes a binding offer by successfully completing the order process. reportly confirms receipt via an automatically generated email (order confirmation). Order data will be securely stored electronically but will not be accessible online afterward for security reasons.
6.3 Prices in reportly webshops are in euros, including VAT and other price components. Shipping costs and any customs or import duties are additional.
6.4 Payment can be made using the methods offered in the webshop (e.g., bank transfer, credit card, PayPal).
6.5 Delivery is carried out by shipping and logistics providers at the contracting party’s expense.
6.6 The ordered goods remain the property of reportly until full payment has been made.
6.7 Unless otherwise stated, goods will be delivered within 7 working days from order confirmation. If this date falls on a weekend or public holiday, delivery will take place on the next working day.
6.8 For custom-made or preconfigured goods, the contracting party will be informed about the planned delivery.
6.9 Any obvious shipping damage must be documented in writing and reported to reportly within 7 working days of receipt. - Right of Withdrawal (B2C Transactions)
7.1 Consumers have the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period begins on the day the consumer or a designated third party takes possession of the goods.
7.2 Withdrawals must be sent to reportly via a clear declaration (e.g., by letter to reportly FlexCo, Lorcher Straße 2a, 4470 Enns, Austria, or by email to office@reportly.com). Sending the declaration before the period expires is sufficient to meet the deadline.
7.3 reportly will confirm receipt of a withdrawal as soon as possible via email.
7.4 If the contract is revoked, reportly will refund all payments received within 14 working days of receiving the withdrawal notice.
7.5 reportly reserves the right to withhold refunds until the goods are returned or proof of return is provided.
7.6 Product descriptions and images in reportly’s online stores are for illustration purposes. Minor deviations in color or size do not constitute grounds for complaint. - Exclusion of the Right of Withdrawal for Services
8.1 There is no right of withdrawal for services if reportly has begun performing the service before the withdrawal period ends at the contracting party’s request, and the service has already been completed. If the client withdraws while a service is still in progress, services provided up to that point will be billed based on the current hourly rate or proportionally in the case of flat-rate offers. - Limitation of Liability
9.1 reportly excludes any warranty and liability unless otherwise required by mandatory consumer protection law or individual written agreements.
9.2 reportly continuously develops its products and services using state-of-the-art technology, particularly regarding encryption and secure data storage (e.g., Microsoft Cloud Services).
9.3 Users acknowledge that completely error-free software cannot be guaranteed.
9.4 reportly does not guarantee uninterrupted service uptime. Planned maintenance or updates will be communicated in advance.
9.5 During planned maintenance, users are not entitled to compensation or damages.
9.6 Users acknowledge that connection issues during synchronization may cause data loss, which is not attributable to reportly. The same applies to operational errors or system incompatibilities.
9.7 In cases of gross negligence, reportly’s total liability is limited to the net order value per license. The burden of proof lies with the user.
9.8 reportly is not liable for damages caused by third-party software components on which reportly products are based.
9.9 Liability for slight negligence, consequential damages, indirect losses, lost profit, unrealized savings, or third-party claims is excluded.
9.10 Any claims for damages must be filed in court within seven (7) years after delivery unless shorter or longer periods are mandatory by law.
9.11 reportly assumes no liability for delays due to circumstances beyond its control, including force majeure or supplier delays. - Terms of Payment and Information Obligations
10.1 Unless otherwise stated, prices are net of VAT, customs duties, and other levies. No discount shall apply unless agreed in writing.
10.2 Recurring payments (subscriptions) are invoiced at the beginning of each billing period.
10.3 Any additional costs not foreseeable at the time of order (e.g., bank fees) shall be borne by the contracting party.
10.4 Invoices are deemed accepted if not disputed in writing within two (2) weeks of receipt.
10.5 Offsetting claims or withholding payments against reportly is excluded unless required by consumer protection law.
10.6 In the event of late payment, reportly may charge interest of seven (7) percent per annum. Legal and collection costs shall be borne by the contracting party.
10.7 reportly sends all legally binding documents (invoices, reminders, contracts, etc.) electronically unless otherwise requested. - Applicable Law, Place of Performance, and Written Form
11.1 Unless otherwise required by law, Austrian law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 The place of performance for services is reportly’s headquarters unless otherwise agreed.
11.3 For SaaS products, the place of performance is the first network connection point in the data center hosting the service.
11.4 In the event of disputes, the parties will attempt out-of-court resolution. Failing that, jurisdiction lies with the competent court at reportly’s headquarters (Regional Court of Steyr).
11.5 Any changes or deviations from these terms must be made in writing. This also applies to waiving the written form requirement itself. - Confidentiality
12.1 The contracting party shall not disclose or use any confidential information obtained during the business relationship with reportly without prior written consent. This includes all information expressly marked as confidential or whose nature clearly implies confidentiality. - Severability Clause
13.1 Should any provision of this agreement be or become invalid, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with one that comes as close as possible to the original intent in economic and legal terms.