Terms Of Service Agreement Template for Austria

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Key Requirements PROMPT example:

Terms Of Service Agreement

"I need a Terms of Service Agreement under Austrian law for my new educational technology platform launching in March 2025, which will offer online courses to both individual learners and corporate clients, with specific provisions for handling minor students' data."

Document background
This Terms of Service Agreement template is designed for businesses operating under Austrian jurisdiction, providing digital services, online platforms, or electronic commerce solutions. The document is essential for any company offering services to users in Austria or choosing Austrian law as their governing law. It encompasses mandatory provisions required by Austrian legislation, including the E-Commerce Act (ECG), Consumer Protection Act (KSchG), and Data Protection Act (DSG), while ensuring compliance with EU regulations such as the GDPR. The agreement should be used to establish clear terms for service provision, user rights and obligations, data processing, and liability limitations. It is particularly crucial for businesses engaging in online service provision, digital content delivery, or platform operations, as it provides legal protection while ensuring transparency and fairness in accordance with Austrian legal requirements.
Suggested Sections

1. Parties: Identification of the service provider and definition of the user/customer

2. Background: Brief introduction to the service and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the services provided

5. User Registration and Account: Requirements and process for account creation and maintenance

6. User Rights and Obligations: User responsibilities, permitted uses, and restrictions

7. Service Provider Rights and Obligations: Provider's commitments, service levels, and rights

8. Data Protection and Privacy: GDPR-compliant privacy terms and data processing information

9. Intellectual Property Rights: IP ownership, licenses, and usage rights

10. Payment Terms: Pricing, payment methods, and billing procedures

11. Term and Termination: Duration, renewal, and termination conditions

12. Liability and Warranties: Limitation of liability, warranties, and disclaimers

13. Changes to Terms: Process for modifying terms and notification requirements

14. Governing Law and Jurisdiction: Austrian law application and dispute resolution procedures

Optional Sections

1. Age Restrictions: Required when services are age-restricted or not suitable for minors

2. User Content: Include when users can upload, share, or create content

3. API Usage: Required when providing API access to services

4. Marketplace Terms: Include for platforms facilitating transactions between users

5. Subscription Terms: Required for subscription-based services

6. Free Trial Terms: Include when offering free trial periods

7. Enterprise Customer Provisions: Additional terms for business/enterprise customers

8. Third-Party Services: Include when integrating third-party services or tools

9. Community Guidelines: Required for platforms with user interaction features

10. Service Level Agreement: Include for business-critical or premium services

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy and data processing policies

2. Acceptable Use Policy: Detailed rules and restrictions for service usage

3. Cookie Policy: Details about cookie usage and management

4. Service Level Specifications: Technical details of service performance and availability

5. Pricing Schedule: Detailed pricing tiers and feature breakdowns

6. Data Processing Agreement: Required GDPR documentation for data processing activities

7. Technical Requirements: Technical specifications and requirements for service use

8. Security Protocol: Security measures and procedures for service protection

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

E-commerce

Software as a Service

Digital Services

Online Retail

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Media and Entertainment

Telecommunications

Cloud Services

Mobile Applications

Online Platforms

Digital Content Providers

Relevant Teams

Legal

Compliance

Product Development

Information Technology

Customer Support

Operations

Risk Management

Data Protection

Business Development

Information Security

Contract Management

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Product Manager

Chief Technology Officer

Chief Legal Officer

Business Development Manager

Risk Manager

Data Protection Officer

Operations Manager

Customer Success Manager

Digital Services Manager

Contract Administrator

General Counsel

IT Security Manager

Industries
Austrian Civil Code (ABGB): Fundamental law governing contracts and legal relationships between parties in Austria, providing basic contract formation and validity requirements
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and imposes obligations regarding data protection policies that must be reflected in the Terms of Service
E-Commerce Act (ECG): Austrian law implementing the EU E-Commerce Directive, governing electronic business transactions and information society services
Consumer Protection Act (KSchG): Austrian legislation protecting consumer rights, including regulations on unfair contract terms and consumer information requirements
Distance and Off-Premises Contracts Act (FAGG): Regulates contracts concluded at a distance (online), including right of withdrawal and information obligations
Telecommunications Act (TKG): Governs electronic communications and related privacy aspects, including rules about electronic communications and cookie usage
EU Digital Content and Services Directive: Regulations regarding the supply of digital content and digital services to consumers, implemented in Austrian law
Signature and Trust Services Act (SVG): Implements EU regulation on electronic identification and trust services, relevant for electronic contract formation
Austrian Data Protection Act (DSG): National data protection law complementing GDPR, providing additional local requirements for data processing
EU Platform-to-Business Regulation: Relevant if the service involves online intermediation services or search engines, requiring transparency in terms and conditions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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