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Terms Of Service Contract

Terms Of Service Contract Template for Austria

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Key Requirements PROMPT example:

Terms Of Service Contract

"I need a Terms of Service Contract under Austrian law for my SaaS platform launching in March 2025, which will provide AI-powered analytics tools to business customers in the EU, with specific sections covering API usage and data processing."

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Document background
Terms of Service Contracts are essential legal documents for businesses providing digital services or products in Austria. These contracts establish the fundamental rules and conditions governing the relationship between service providers and users. Given Austria's membership in the European Union, the Terms of Service Contract must comply with both Austrian national law (including the ABGB and E-Commerce Act) and EU regulations (such as the GDPR and consumer protection directives). The document typically covers service usage terms, user rights and obligations, data protection, payment conditions, liability limitations, and dispute resolution procedures. It's particularly crucial for online platforms, digital service providers, and e-commerce businesses operating in or targeting the Austrian market, as it provides legal protection while ensuring transparency and compliance with mandatory consumer protection requirements.
Suggested Sections

1. Parties: Identification of the service provider with full legal name, registration details, and contact information as required by Austrian law

2. Background: Brief context about the services offered and purpose of the terms

3. Definitions: Clear definitions of key terms used throughout the agreement, including technical terms and legal concepts

4. Service Description: Detailed description of services provided, including scope and limitations

5. User Registration and Account: Requirements and process for account creation, user eligibility, and account management

6. User Obligations and Conduct: User responsibilities, prohibited activities, and acceptable use policies

7. Intellectual Property Rights: Rights regarding service content, user-generated content, and license terms

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

9. Payment Terms: Pricing, payment methods, billing cycles, and related financial terms

10. Term and Termination: Contract duration, renewal terms, and termination conditions

11. Liability and Warranty Limitations: Scope of liability, warranty disclaimers, and indemnification provisions compliant with Austrian law

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

13. Governing Law and Jurisdiction: Austrian law application and jurisdiction details

14. Consumer Rights Notice: Mandatory information about consumer rights under Austrian and EU law

Optional Sections

1. Age Restrictions: Specific age requirements and verification processes, necessary for services targeting or restricting certain age groups

2. Third-Party Services: Terms regarding integrated third-party services and related liabilities, relevant when the service relies on external providers

3. User Content License: Detailed terms for user-generated content rights and licenses, necessary for platforms allowing user content

4. Subscription Terms: Specific terms for subscription-based services, including trial periods and cancellation rights

5. API Usage Terms: Terms governing API access and usage, required for services offering API functionality

6. Marketplace Rules: Specific rules for marketplace operations, necessary for platforms facilitating user-to-user transactions

7. Virtual Currency/Credits: Terms governing virtual currency or credit systems, required for services with internal payment or reward systems

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy policy as a separate document

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

3. Cookie Policy: Detailed information about cookie usage and related technologies

4. Service Level Agreement: Technical service levels and performance metrics

5. Price List: Detailed pricing information and fee structure

6. Data Processing Agreement: GDPR-required terms for processing personal data

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

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Account
Authorized User
Business Day
Confidential Information
Consumer
Content
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Documentation
Effective Date
EU Data Protection Laws
Fees
Force Majeure
GDPR
Intellectual Property Rights
Login Credentials
Personal Data
Platform
Privacy Policy
Professional User
Provider
Service(s)
Service Level Agreement
Subscription
Subscription Period
System
Term
Terms of Service
Third Party Services
User
User Content
User Data
Website
Clauses
Service Description
User Registration
Access Rights
User Obligations
Acceptable Use
Data Protection
Privacy
Intellectual Property
Payment Terms
Service Levels
Warranties
Liability Limitations
Indemnification
Force Majeure
Term and Termination
Modification Rights
Notice Requirements
Confidentiality
Assignment
Consumer Rights
Dispute Resolution
Governing Law
Severability
Entire Agreement
Third Party Rights
Data Processing
Cookie Usage
Right of Withdrawal
Service Availability
Account Termination
Relevant Industries

E-commerce

Software as a Service (SaaS)

Digital Services

Online Platforms

Technology

Telecommunications

Financial Services

Healthcare Technology

Educational Technology

Media and Entertainment

Professional Services

Online Retail

Digital Content Providers

Cloud Services

Mobile Applications

Relevant Teams

Legal

Compliance

Privacy

Risk Management

Product Development

Customer Success

Operations

Information Technology

Customer Support

Sales

Business Development

Digital Operations

Relevant Roles

Legal Counsel

Compliance Officer

Privacy Officer

Data Protection Officer

Chief Legal Officer

General Counsel

Contract Manager

Legal Operations Manager

Risk Manager

Product Manager

Customer Success Manager

Business Development Manager

Chief Technology Officer

Chief Operating Officer

E-commerce Manager

Digital Services Director

Industries
Austrian Civil Code (ABGB): The fundamental law governing contracts in Austria, establishing basic principles of contract formation, validity, and enforcement
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and imposes obligations regarding data protection notices and user privacy rights
Austrian E-Commerce Act (ECG): Implements the EU E-Commerce Directive, governing electronic business transactions and information society services
Austrian Consumer Protection Act (KSchG): Provides specific protections for consumers in contractual relationships with businesses
Distance and Off-Premises Contracts Act (FAGG): Regulates contracts concluded at a distance (online) and provides specific consumer rights including withdrawal rights
Austrian Telecommunications Act (TKG): Relevant for online services, particularly regarding electronic communications and cookie usage
Digital Content and Digital Services Act (DID): Implements EU Directive 2019/770 on contracts for the supply of digital content and digital services
Alternative Dispute Resolution Act (AStG): Relevant for including mandatory information about alternative dispute resolution for consumer disputes
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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