Terms of Service

Last revised: 2018-05-03

These terms of use ("Terms") set out the terms and conditions for your use of the Fabman Services offered by Fabman GmbH or its related companies ("we" or "Fabman"). The person or organisation entering into these Terms as a user of the Fabman Services, together with all individual users accessing the Fabman Services on that person's behalf (together, "you" or "Users") accept and agree to be bound by these Terms. Fabman grants you a limited, non-exclusive, non-transferable, revocable licence to use the Fabman Services (subject to your account type) in accordance with these Terms.

In these Terms, "Fabman Services" means Fabman's shared space management products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time.

If you do not agree to any of these Terms, then you should not use the Fabman Services. All rights not expressly granted to Users in these Terms are reserved by Fabman.

Amendments

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us and/or by displaying a message when you next use the Fabman Services. Unless you terminate your account within ten days, the new Terms will be effective immediately and apply to any continued or new use of Fabman.

From time to time, we may add, make changes to or remove altogether features or functionality of the Fabman Services. If you're using Fabman hardware, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Fabman Services at any time, and nothing in these Terms is to be taken as a guarantee that the Fabman Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Fabman Services, or Fabman hardware, or any version of them.

Account information

You must be 18 years or older in order to sign up for the Fabman Services. You agree to provide true, accurate, current, and complete account information and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current, and complete.

Cancellation of accounts

You are entitled to cancel your account with Fabman at any time. You may cancel your account by following the prompts when you are logged into your account through the Website. If you cancel your account before the end of your current paid up subscription period, your cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance.

We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Fabman Services.

If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems within 30 days. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Fees and taxes

The fees charged for use of the Fabman Services are set out on the Website and are subject to change. We will endeavour to notify you by email and/or by displaying a message when you next use the Fabman Services at least 30 days before increasing the fees. Fees are charged in advance on a monthly basis and are non-refundable, including if you only use part of a month for the Fabman Services. Unless required by law, we will not provide refunds in connection with the Fabman Services. A valid credit card number or bank account data for SEPA direct debit is required for paying all fees.

If you are carrying out a free trial of the Fabman Services (as offered on the Website), the free trial will begin on the day that your account is opened and end 30 days later. If you wish to continue to use the Fabman Services at the end of the free trial period, you will need to provide valid credit card details or bank account data for SEPA direct debit (unless you choose to use any free Fabman Services which we may offer from time to time).

All fees are exclusive of all taxes and you indemnify and hold Fabman harmless against any claims by any tax authority for any underpayment of any sales, use, goods, and services, value added or other tax or levy, and any penalties and/or interest.

Switch between account plans

You may switch between account plans (for example, from Standard to Plus or from Standard to Basic) at any time by following the prompts when you are logged into your account.

The upgrade or downgrade will become effective immediately. The balance already paid for the rest of the term will be credited to your account. We will then immediately charge you for any net amount due as a result of the upgrade or downgrade.

Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Fabman rejects any liability for the resulting loss of data, content, features or capacity.

Bridge deposits

When you order Fabman hardware ("Bridge") from us, we’ll charge you a deposit as set out on the Website. The deposit which will be refunded upon return of the Fabman Bridge in good condition within three years from date of purchase. We may deduct repair or replacement fees from the deposit if the bridge is returned broken, damaged, or otherwise in a condition that makes it unsuitable for re-use by other customers.

Fabman Services are provided "as is"

The Fabman Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Fabman Services.

We do not warrant that: (a) the Fabman Services will meet your specific requirements; (b) the Fabman Services will be uninterrupted, timely, secure, or error-free; (c) the Fabman Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Fabman Services will meet your expectations; or (e) any errors in the Fabman Services will be corrected.

You acknowledge that Fabman may use third party suppliers to provide hardware, software, networking, connectivity, storage, and other technology in order to provide the Fabman Services. The acts and omissions of those third party suppliers may be outside of Fabman's control, and Fabman rejects any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Fabman excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

Our liability is limited

To the maximum extent permitted by law, Fabman shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Fabman has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Fabman Services; or (e) any other matter relating to the Fabman Services.

In any case, Fabman's maximum aggregate liability under or in connection with these Terms or your use of the Fabman Services is limited to the amount of fees paid to Fabman by you in the past 12 months.

You are responsible for your use of the Fabman Service and you indemnify us

You are responsible for all activity that results from use of the Fabman Services through your account. You are responsible for maintaining the security of your account and password. Fabman will not be liable for any loss or damage that may result from any failure to keep email addresses, passwords, API keys, or access cards secure.

You indemnify Fabman against all forms of liability, actions, proceedings, demands, costs, charges, and expenses which Fabman may incur or suffer as a result of use of the Fabman Services through your account or as a result of your failure to comply with these Terms.

No malicious or illegal use

You must not: (a) use the Fabman Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Fabman Services; (c) transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Fabman Services; (d) use the Fabman Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Fabman Services or our systems or attempt to decipher any transmissions to or from the servers running any Fabman Services; (f) disclose or distribute information relating to another User of the Fabman Services to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.

Reasonable use policy

You agree to use the Fabman Services in a reasonable way (including, to avoid doubt, if you have subscribed for an 'unlimited' account). If we determine that your use of the Fabman Services is not reasonable or that your use is causing degraded performance of the Fabman Services for you or for other Users, we may impose limits on your use of the Fabman Services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

API Terms

You may access the Fabman Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Fabman Services, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that Fabman shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to the Fabman Services via the API may result in the temporary or permanent suspension of your account's access. Fabman, in its sole discretion, will determine abuse or excessive usage of the API. Fabman will make a reasonable attempt via email to warn the account owner prior to suspension.

Intellectual property

You agree that Fabman owns all of the intellectual property rights existing in the Fabman Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Fabman's brand, branding or logos except with Fabman's prior written consent.

You grant Fabman a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Fabman through your use of the Fabman Services, provided that we aggregate or anonymise that information or data before using it. Other than this right, Fabman claims no intellectual property rights in relation to the information or content you input into the Fabman Services.

You may provide us with comments, feedback, or suggestions on Fabman Services, and you agree that we will be free to use, modify, and incorporate such suggestions without any obligation to you.

Miscellaneous

This Agreement is governed by Austrian law. To the extent permitted by law, the parties hereby agree that exclusive jurisdiction and venue for all disputes resulting out of this Agreement shall lie with the court located in Vienna with subject-matter jurisdiction thereof.

No amendments or addenda to these Terms or any other agreements of the parties shall be valid unless they are confirmed by Fabman in writing.

If any term of these Terms should be or become invalid or unenforceable, the validity or enforceability of the remaining provisions hereof shall not be affected hereby. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision, the commercial purpose and commercial outcome of which shall come as close as possible to the provision being replaced and which shall comport with the original intent. The parties hereby undertake to memorialise this replacement term without delay in writing and to execute the same.