1.1. These Terms of Use apply to the use of LawThek by the User and the authorisation of such use by Cybly GmbH, FN 427660 m, Strubergasse 28, 5020 Salzburg, Austria (here-inafter referred to as ‘Cybly’).
1.2. By using LawThek, the User agrees to be bound by these Terms of Use.
1.3. Cybly reserves the right to revise and amend these Terms of Use. Amendments shall be deemed accepted by the User if no written objection is received after notification of the amendments or if the User continues to use LawThek after the amended Terms of Use have been published.
1.4. The Terms of Use shall not apply to the extent that other agreements exist.
Use of LawThek
2.1. Cybly allows the User to use LawThek free of charge under the conditions as stat-ed below. Unless otherwise agreed, the use of LawThek by the User is free of charge until revoked as a precarious right at any time.
2.2. LawThek can be used with or without registration. These Terms of Use apply to both forms of use.
2.3. To use certain LawThek functions, the User must register or log in by using the registration form. Registration is only permitted if the User is at least 16 years old and the information required for registration is complete, correct, and not misleading. Registration is completed when the User receives a registration con-firmation and has activated their account by confirming their email address. Reg-istration of more than one user account per natural person is prohibited.
2.4. By registering, the User agrees to receive newsletters containing articles as well as notifications about content, services, offers, promotions, and events from Cy-bly and its affiliates, partners and authors in the fields of law, legal tech, legal in-formatics, and IT security. Users may opt out of receiving such communications at any time. In any event, however, Cybly is entitled to send the User communica-tions regarding material circumstances relating to LawThek or the performance of the Contract, and the User may not opt out of receiving such communications. Cybly does not guarantee the timeliness, accuracy, or completeness of the infor-mation provided in the newsletters, nor shall Cybly or any Partner be liable for any damage, loss, or other harm that may result from reliance on the information published in the newsletters. Cybly reserves the right to temporarily or perma-nently discontinue the publication of the newsletters at any time.
2.5. Cybly reserves the right, at its sole discretion, to make certain features available only to certain Users or to deny use to certain Users. For this purpose, Cybly may set up different access levels for different user groups.
2.6. The User must keep their login details safe and must not make them available to third parties. The User is responsible for the transactions that take place under their account, even if they have not expressly or implicitly consented to them. The User shall immediately notify Cybly of any unauthorised use of the User’s account. The User may use LawThek for personal use as provided by Cybly. Personal use does not include the use of LawThek or its contents without prior written consent from Cybly in connection with:
(1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or
(2) providing archived or cached data sets containing contents of LawThek to another person or entity.
The fact that content is not expressly marked as legally protected or registered does not constitute a waiver of the relevant intellectual property rights. The User may use the contents of LawThek in accordance with the Creative Commons licence, CC BY-NC-SA 4.0, insofar as the document is subject to copyright in accordance with the statutory provisions in the absence of a Creative Commons licence. Unless the content is already in the public domain or the act of use is covered by exceptions and limitations to copyright, use of LawThek content under the Creative Commons License CC BY-NC-SA 4.0 is subject to the following terms and conditions:
2.6.1. Crediting: The User must provide appropriate copyright and legal notices, include a link to the licence and indicate whether any modifications have been made. This information may be provided in any reasonable manner, but not in a manner that suggests that the licensor specifically endorses the User or User activity.
2.6.2. Non-commercial use: The User may not use LawThek material for any commer-cial purpose without the express written consent of Cybly.
2.6.3. Distribution under identical terms: The User may only distribute their contributions under the same licence as the original if they remix, modify, or otherwise directly build upon the material.
2.7. Except as expressly provided in these Terms of Use or otherwise expressly author-ised by Cybly in writing, the User may not copy, reproduce, or decompile any LawThek component.
2.8. The User shall refrain from any action the purpose or effect of which is to disrupt, block, or otherwise interfere with LawThek or any part thereof, or to duplicate or circumvent the navigational structure in order to obtain LawThek content in a manner other than that intended within the scope of LawThek’s functions.
2.9. The User may not use LawThek and its content for illegal purposes or to publish, link to, disseminate, or display illegal material that violates the rights of Cybly or third parties or promotes or enables criminal offences.
2.10. When using the LawThek, the User shall comply with all applicable laws and shall not infringe the rights of Cybly and its affiliated companies or the rights of other Users.
2.11. The User shall take note of and comply with any limits on the volume of data that may apply to LawThek.
2.12. Without the prior express written consent of Cybly, the User may not transfer or assign any of the rights granted under these Terms of Use.
2.13. Cybly reserves the right to modify or discontinue LawThek and its contents without prior notice.
2.14. Cybly is not obliged to check the topicality, accuracy, and completeness of any LawThek content, including content provided by or contained on external websites that are connected to LawThek by means of links.
2.15. Cybly has the right, but not the obligation, to monitor User content and User ac-tivity. Cybly may, in its sole discretion and for any reason, remove, refuse to post, or block access to any User content that is in violation of these Terms of Use. Cybly is under no obligation to restore any User content that has been deleted.
2.16. Users who use LawThek on the basis of a LawThek Pro user licence are obliged to inform themselves about the GTC between Cybly and the licence customer and not to use LawThek contrary to the GTC.
Disclaimer
3.1. Cybly shall only be liable for damage resulting from culpable infliction of damage in the event of intent or gross negligence. This does not apply to personal injury. Compensation for lost profits and consequential damages shall be excluded.
3.2. Furthermore, Cybly is not liable for the topicality, correctness, and completeness of LawThek contents.
3.3. Cybly also makes no warranty and assumes no liability for any user interface, functionality, or other condition of LawThek.
3.4. Cybly assumes no responsibility or liability for any User content or for any content provided by or contained on any external websites linked to LawThek.
3.5. Warranty and compensation claims against entrepreneurs are excluded to the greatest extent permissible under applicable law.
Privacy
4.1. In addition to the Terms of Use, Cybly’s Privacy Policy, as amended from time to time, shall apply.
4.2. It is noted that Cybly processes advertising and marketing information from the User within the scope permitted by data protection laws. The User agrees to re-ceive emails from Cybly and to be contacted for information and marketing pur-poses within the scope permitted by data protection laws.
4.3. The privacy policy is available on the Cybly website.
Cancellation and Suspension of the User Account
5.1. The Terms of Use shall be concluded for an unlimited period.
5.2. The right granted as a precarious right to use LawThek by the User may be re-voked by Cybly at any time without prior notice, without notice period and at its sole discretion. Cybly is entitled to delete user accounts without prior notice and at its own discretion.
5.3. Cybly reserves the right to suspend, limit, or terminate the User’s account or ac-cess to LawThek without prior notice and at its sole discretion.
5.4. Cybly reserves the right to assert claims based on violations of the User Agree-ment by the User.
Final Provisions
6.1 The original German version of these Terms of Use shall apply. Translated ver-sions are for convenience only. In the event of any dispute, the German text shall prevail.
6.2 Changes or additions to the user agreement (including these Terms of Use) must be made in writing. Subsidiary agreements have not been made.
6.3. If any provision of the User Agreement or Terms of Use is invalid or unenforcea-ble,
6.3.1. this shall not affect the validity and enforceability of the user agreement or terms and conditions as such and its other provisions;
6.3.2. the provision concerned shall remain in force vis-à-vis entrepreneurs to the extent of the permitted content; and
6.3.3. the invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic result of the invalid or unenforceable provision, is valid and enforceable and most closely reflects the intentions of the contracting parties at the time the contract was concluded.
6.4. The place of performance for both parties is Strubergasse 28, 5020 Salzburg, Aus-tria. For any disputes arising out of or in connection with the Terms of Use be-tween Cybly and a User for whom the use is for business purposes, the parties agree that the Commercial Court of Vienna shall have exclusive jurisdiction.
6.5. This Agreement shall be governed exclusively by Austrian law, to the exclusion of its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods.
