Updated: November 08, 2021

Welcome to Smarter 3G by Smarter Business Solutions GmbH! We invite you to use the Smarter 3G Azure web application for Microsoft 365, but please note that your invitation is subject to your acceptance of these Terms of Use.

When we refer to “us”, “we”, “Smarter Business” or “Smarter Business Solutions”, we mean the Smarter Business Solutions GmbH unit, which acts as the provider of the Smarter 3G Azure web application.

Please read the following terms of use carefully to understand your and our rights in relation to the use of the Smarter 3G Azure web application.

Please also see our App and Add-in Privacy Policy, which is not part of this Agreement.

1 Changes to the Terms

We may change these Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements, and changes in our system. If we do so, we will notify you by email to the email address you have provided to us. However, we are under no obligation to do so, and such change will take effect to the extent that we post the revised Terms on our website. You agree to be bound by any changes to these Terms if you use the Smarter 3G Azure Web Application after such change is posted on our website. It is therefore important that you review these Terms regularly to ensure that you are aware of any changes.

2 Fees and payments

License prices for Smarter 3G are staggered according to the number of monthly users.

We will give you reasonable advance notice of any change in subscription fees so that you can cancel your subscription before that change takes effect.

3 Limitations

In no event shall Smarter Business Solutions GmbH, its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, use, goodwill or other intangible losses arising from:

a) your access to or use of or the inability to access or use the Service;

b) any conduct or content of third parties on the Service;

c) all content received from the Service; and

d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if it is determined that any remedy set forth herein has not fulfilled its essential purpose.

4 Disclaimer

Your use of the Service is at your own risk. The Service is provided on the basis of “AS IS” and “AS AVAILABLE”. The Service is provided without warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or expiration.

Smarter Business Solutions GmbH, its subsidiaries, affiliates and its licensors do not guarantee that

(a) the Service is continuous, secure or available at a specific time or place;

b) errors or defects are corrected;

c) the Service is free of viruses or other harmful components; or

d) the results of the use of the service meet their requirements

5 Intellectual property

Smarter Business Solutions GmbH has the exclusive and worldwide right to all intellectual property rights associated with the software relating to whether patentable or not and whether registered or not. This includes, but is not limited to, the source code, software protocols, interface design, concepts, methods, designs, and trademarks.

The license granted under this Agreement is non-exclusive, revocable and non-transferable. Customer may not copy, modify, rebuild, upload, distribute, transfer, sublicense, rent, lend or rent the Software to any third party.

All rights to the software and the service not expressly granted to the customer are reserved by Smarter Business Solutions GmbH and the respective third-party licensors.

6 Applicable law

These terms and conditions shall be governed by and construed in accordate with Austrian law and without regard to conflict-of-law rules.

If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in full force and effect, and all invalid or unenforceable portions shall be construed in a manner most consistent with the effect and intent of the original language. If such construction is not possible, the provision will be separated from this Agreement and the remainder of the Agreement shall remain in full force and effect.

Notices to Smarter Business Solutions GmbH under this Agreement and questions about this Agreement or the Service should be sent to the following address:

support@smarterbusiness.at and/or
Smarter Business Solutions GmbH
Hochfeldgasse 5
2822 Bad Erlach, Austria