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User Policy
This United-Software cloud application of United DK Software DMCC is used for the electronic recording of working hours, automated payroll accounting and digital evaluations based on external working hours and payroll settings as well as those recorded by the cloud application. All other United-Software modules and functions, as well as all content that can be accessed via the website www.united-software.io, are each individually or collectively hereinafter referred to as the “United-Software Application”. By using the United-Software-Application, you agree to be bound by the following User Policy as well as the Data Processing Consent. Therefore, please read the following User Policy, including the Consent Form, carefully before using the United-Software application by registering via the United-Software database.
User Policy
1. For customers, the following User Policy forms part of the General Terms and Conditions (“GTC”) of the United-Software application of United DK Software DMCC (“United-Software”), and applies to all services provided by United-Software in connection with the use of the United-Software application. For end users who have not entered into a customer contract with United-Software, the following User Policy shall apply to any form of use of the United-Software application. Deviating terms of use shall only apply if they are countersigned in writing by United-Software; otherwise they shall not bind United-Software without express written acceptance, even if reference is made to them. An implied acceptance of deviating terms of use is expressly excluded.
2. By using the United-Software application, the user further accepts the declaration of consent for data processing (“Declaration of Consent”) and declares his express consent to the collection, use, disclosure, storage and protection of his (personal) data entered via the United-Software application (as well as the data of his employees) in accordance with the Declaration of Consent, the EU General Data Protection Regulation (“DSGVO”), the Data Protection Act as amended and the usual state of the art. United-Software is not liable for unlawful interventions by third parties (e.g. through hacking, viruses, etc).
3. The user acknowledges that information and data (in short “information”) are disclosed via the united-software application and thus made available to united-software as well as to third parties and gives his express consent that this information is stored, processed, used and statistically evaluated and that the results of the evaluations are utilized and made available to united-software as well as to third parties in other ways. (e.g. administration, communication, payment processing, data security, data protection control, abuse control, support, determination of demand, for studies, services or for the improvement of the service in general as well as in automated procedures).
4. The user further expressly authorizes United-Software and third parties to use the data and information made available by the user for the electronic and postal delivery of communications.
5. registration and use of the United-Software application is free of charge. The use by the user requires the disclosure of the name (or company name), the date of birth (or company registration number), a summonable postal address as well as an electronic postal address and the ATU tax number (if given). Furthermore, the user expressly declares that he has reached the age of 16. The User accepts the General Terms and Conditions, the User Policy as well as the Privacy Policy and confirms compliance with the prescribed minimum age, assuming all legal consequences of a false statement, by clicking on the corresponding checkboxes prior to completing the registration process.
6. The data requested in connection with the registration and opening of a user account via the United-Software application must be provided by the user completely and correctly. The provision of a value-added number as a reachable telephone number or a P.O. Box as a delivery address is not permitted. If the data provided changes, the user is obliged to notify United-Software of the new data without delay and to update the information in his user account without delay. United-Software reserves the right to request appropriate proof from the user of the data provided (e.g. trade license, proof of identity, registration certificate, etc.).
7. The user account is not transferable. The user is obliged to keep his access data to the user account (user name, password, security questions for password recovery, etc.) secret and to protect them from unauthorized access by third parties and is solely responsible for restricting access to his computer and mobile devices. Any unauthorized use – even if only suspected – must be reported in writing by e-mail to the administrator designated in the user account. In particular, the user is obliged to report to the administrator the loss or theft of a terminal device on which the United software application is installed. Until this report is made, the user will be held responsible for any access and any action related to his user account. The user is liable for all damages incurred by him, the employer, third parties or United-Software resulting from the lack of secrecy, disclosure or transfer of his access data, (e.g. via fake sites) or from the (unauthorized) use of his computer or mobile devices.
8. The use of the united software application partly requires the use of other third party services (e.g.: network providers or mobile phone providers). The user acknowledges that the use of such third party services is subject to separate rules, conditions and fee obligations of these third party providers and that United-Software bears no responsibility whatsoever for the availability of these services, which is a prerequisite for the use of the United-Software application.
9. Each user is responsible for archiving on a storage medium independent of the user account any content generated via the united software application and stored in the area of the user account which is required for purposes of preserving evidence, accounting or other purposes.
10. All rights derived from copyright, patent and other ancillary copyrights in the United-Software application (including but not limited to software, databases, graphic design, etc…) or its contents are vested in United-Software or its licensors. Subject to compliance with this User Policy, United-Software and its licensors grant the User a limited, non-exclusive, non-transferable and non-sublicensable right to access and make non-commercial use of the United-Software Application in accordance with this User Policy (“License”). This License does not include any reproduction, adaptation, publication or other distribution, resale, sublicense or commercial exploitation of the United Software Application or its contents or any use of data mining, robots, or similar data gathering and extraction programs. In particular, the user may not incorporate the protected software of United-Software, in whole or in part, into its own computer programs or (including in connection with its own computer programs) modify, decompile, disassemble, tamper with or create derivative works of, copy, transfer or sell, rent, loan, distribute, sublicense or otherwise grant any rights to the protected software or any part thereof, either itself or through the agency of third parties. United-Software and its licensors or other rights holders reserve all rights not expressly granted to the user in this User Policy. Furthermore, the user is not entitled to copy or otherwise extract, edit or use in any form whatsoever any trademarks, logos or other proprietary information of United-Software or its licensors used within the scope of the United-Software application. The user is permitted to make copies for archival and backup purposes provided that the software does not contain any express prohibition by the licensor or third parties, and that all copyright and proprietary notices are included in these copies without modification. The rights of use granted by United-Software shall terminate upon failure to comply with this User Agreement. Any violation of this license provision or of the rights of United-Software or its licensors shall result in claims for injunctive relief and damages, and in such a case full satisfaction shall be paid. 11.
11. Despite the greatest possible care and reliability, United-Software cannot guarantee that the United-Software application will be accessible without interruption, that the desired connections can always be established, or that stored data will be preserved under all circumstances. United-Software is therefore not liable for the temporal or technical availability of the United-Software application, nor for system failures that may prevent the use of the United-Software application.
12. In connection with the termination of a user account (e.g. due to termination of an employment relationship, etc.), the data generated via the United-Software application shall be available to the user until 30 days after the termination date. United-Software and the User shall be entitled to continue to use the User’s personal data for the period of time during which the User’s account is being terminated and then to archive such data in locked form in order to comply with statutory retention periods under the German Fiscal Code (AO) and the Austrian Commercial Code (UGB).
13. United-Software further reserves the right to withhold individual services or the complete use of the United-Software application from the user if a user violates applicable laws, morality, the GTC, the user guideline, the data protection requirements, the interests or the corporate philosophy of United-Software and/or its contractual partners or the contractual conditions or guidelines of vicarious agents. If there are concrete indications of improper use of the United-Software application, of a violation of legal regulations, rights of third parties, the GTC or the user guideline, or if a user’s activity is likely to impair or damage United-Software, its contractual partners or the reputation of United-Software, United-Software shall be entitled in particular to block the user account and to exclude the user from using the United-Software application. If a user is permanently blocked, there is no entitlement to restoration of the blocked user account. United-Software is entitled to delete all data, content and information of the blocked user. The blocking of an employer administrator account leads to the blocking of all user accounts of its employees. The latter will be informed about the blocking with the notice that the data of the individual employee user accounts will be made available for another 30 days after the blocking. The user has no claim for compensation. Any further claims on the part of United-Software remain unaffected.
14. Liability of United-Software in connection with the use of the United-Software application is excluded to the fullest extent permitted by law. United-Software cannot guarantee error-free operation of the United-Software application and is in particular neither responsible to the user nor does United-Software assume any liability for
a certain availability of the United-Software application;
incompatibility of the United-Software application with the user’s hardware or software,
errors in the transmission of data, resulting in particular in incomplete, incorrect and untimely transport of the data;
Damages caused by improper operation of the user due to unsuitable hardware and software used, as well as for malfunctions that occur due to the Internet connection,
damages or disadvantages incurred by the user as a result of use of the United software application by the user himself/herself or by a third party in violation of the law or the contract,
damages resulting from the loss of content, information or data,
Damages resulting from the misuse of disclosed or misappropriated data by third parties or from the disclosure of confidential information by the user, from input errors or data processing errors,
damages resulting from any infringement of rights (in particular competition law, copyright or other ancillary copyrights or personal rights).
15. By using the United-Software application, the user expressly consents to United-Software’s participation in electronic commerce and declares its express consent to receive and legally validate legally relevant declarations and notifications in connection with the use of the United-Software application by means of electronic communication, in particular by e-mail to the e-mail address provided by the user or by publishing electronic messages or other communication via the United-Software application. United-Software reserves the right, but is neither legally nor contractually obligated, to randomly check electronic communications for content. The user acknowledges that United-Software is entitled to prevent the transmission and delivery of electronic communications, even without prior consultation with the user, if such communications are likely to damage United-Software and its reputation, other users or third parties, or violate legal prohibitions, official requirements, morality or the GTC, the user guidelines or the data protection requirements of United-Software. The user expressly consents to this review and selection of electronic communications. 16.
16. The user acknowledges that United-Software does not participate in electronic commerce with e-mail addresses other than those stated in the imprint of the United-Software website. Legally relevant declarations sent to such other e-mail addresses shall therefore not be deemed to have been received with legal effect.
17. United-Software’s failure to act against (even repeated) violations of the provisions of the User Guidelines shall not be deemed a waiver of rights.
18. United-software reserves the right to change the user policy and the scope of services of the united-software application at any time, in part or in full, without giving reasons.
19. Should one or more provisions of the User Policy be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of the User Policy. The legally invalid or unenforceable provision shall be replaced by a legally valid or enforceable provision that comes closest to the legally invalid or unenforceable provision in its technical and economic content. The same shall apply to the supplementary interpretation of the contract in the event of any loopholes. If the invalidity of a provision is based on a measure of performance or time stipulated therein, such provision shall be subject to reduction in order to preserve its validity.
20. With regard to all disputes arising from the use of the United Software application, the competent court of the first district of Vienna shall be deemed to have been agreed, subject to any other mandatory statutory jurisdiction.
21. All legal relationships between United-Software and the user shall be governed by the laws of the United Arab Emirates, excluding all national and international conflict-of-law rules and the UN Sales Convention.
