General Terms and Conditions
Last updated: August 2026
1. Scope and contracting parties
These terms govern all contracts for the use of the "Plexcoach" software between Curioskar FlexCo, Leopold Steiner Gasse 26/A2, 1190 Vienna, Austria (company register FN 684000 h, Commercial Court Vienna; the "Provider") and the customer.
The offering is directed exclusively at businesses within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) and at public-law entities. No contracts are concluded with consumers.
Differing or supplementary terms of the customer do not become part of the contract, even if not expressly objected to.
2. Subject matter
The Provider makes Plexcoach available as web-based software (Software as a Service) together with associated mobile applications. Plexcoach supports the recording and analysis of meetings, the generation of summaries and tasks, and coaching features built on them.
The Provider owes the provision of the software, not any particular substantive outcome. No contract for work and services is concluded.
3. Use of artificial intelligence
Summaries, transcripts, task suggestions and coaching prompts are generated wholly or partly by automated means using artificial intelligence. Such output may be incomplete, inaccurate or incorrect.
It does not constitute legal, tax, HR, financial or medical advice and does not replace professional assessment. The customer must verify output before using it in any way that may have legal or economic consequences. Decisions with a significant effect on individuals must not be based solely on automatically generated output.
Where the software, at a user's request, generates summaries of publicly discussed ideas relating to persons or published works (e.g. "Principles & Frameworks" cards), such output is AI-generated. The persons and works referenced are not affiliated with the Provider and do not endorse its products; any trademarks referenced are the property of their respective owners.
4. Formation of contract, trials and pilots
Presentations on the website do not constitute a binding offer. The contract is formed when the Provider activates access or issues a written order confirmation.
Trial, pilot and beta access is provided free of charge and is revocable at any time. It carries no entitlement to availability, functionality, data retention or support and may be terminated without notice.
5. Rights of use
For the term of the contract the customer receives a non-exclusive, non-transferable and non-sublicensable right to use the software within the agreed scope for its own business purposes.
The following are not permitted in particular: passing access credentials to third parties; use by unlicensed persons; reverse engineering, decompiling or disassembling beyond the extent mandatorily permitted by law; and automated extraction of the software or its interfaces for competitive purposes.
All rights in the software remain with the Provider. The customer retains the rights in the content it supplies.
6. Customer obligations
The service is intended for business use by persons aged 18 or over. The customer shall ensure that only such persons are invited as users.
6.1 Lawfulness of recording
The customer is solely responsible for ensuring that every recording is lawful. Confidential speech is protected by criminal law in Austria (§ 120 of the Criminal Code) and in many other jurisdictions; recording a conversation without the knowledge and consent of those taking part may be a criminal offence.
Before any recording begins, the customer must therefore inform all participants and obtain the necessary consents or other legal bases, and must be able to demonstrate that it has done so. The customer is responsible for observing any applicable co-determination rights (for example those of a works council).
6.2 Credentials and recovery phrase
The customer must keep access credentials confidential and protect them against third-party access.
Important note on end-to-end encryption: content is encrypted on the customer's devices. The Provider has no access to the keys and can technically neither read nor restore encrypted content. If the recovery phrase is lost, the affected content is permanently and irretrievably lost. Safekeeping of the recovery phrase is the customer's sole responsibility.
6.3 Rights in the content supplied
The customer warrants that it holds all rights required to use the content supplied by it or by its users under this contract. This includes in particular copyright, trade mark and database rights, other intellectual property rights, and third-party trade secrets.
The same applies to content the customer makes available to its employees or other users within the software — for example company documents, guidelines, templates or knowledge bases. The customer is responsible for being entitled to distribute it to that group of users, and for those users being authorised to use it.
Where such content contains personal data of third parties — for example employees, customers or meeting participants — it is for the customer, as controller, to establish a legal basis for it and to inform the individuals concerned.
The Provider is under no obligation to review supplied content for infringements; for end-to-end encrypted content such a review is in any case technically impossible for it (clause 6.2).
The customer indemnifies and holds the Provider harmless against all third-party claims arising from a breach of these obligations or of those under clause 6.1, including reasonable costs of legal defence.
7. Availability, maintenance and support
The Provider endeavours to achieve high availability of the service. A specific level of availability is warranted only where separately agreed in writing.
Scheduled maintenance windows and outages caused by disruptions outside the Provider's sphere of control (in particular at network, cloud or upstream providers) do not count as unavailability. The Provider may continue to develop the software and adapt features, provided the agreed contractual purpose is not materially impaired.
8. Fees and payment
The fees agreed on conclusion of the contract apply. All prices are net and exclusive of value added tax at the applicable statutory rate.
Invoices are payable in full within 14 days of the invoice date. In the event of late payment, the statutory default interest for business transactions applies (§ 456 of the Austrian Commercial Code). Following an unsuccessful reminder and a reasonable grace period, the Provider may suspend access until outstanding amounts are settled.
9. Term and termination
Unless otherwise agreed, the contract runs for an indefinite term and may be terminated by either party with one month's notice to the end of a calendar month. The right to extraordinary termination for good cause remains unaffected.
10. Data protection and processing on behalf
The Provider processes personal data supplied by the customer as a processor within the meaning of Art. 28 GDPR and exclusively on the customer's instructions. Concluding a data processing agreement is a precondition of use; in the event of conflict it takes precedence over these terms.
Details of the processing, storage locations and sub-processors engaged are set out in the privacy policy.
11. Warranty
The Provider warrants that the software materially conforms to the agreed service description. The customer must describe defects comprehensibly and give notice of them without undue delay (§ 377 of the Austrian Commercial Code).
The Provider will remedy defects within a reasonable period by repair or replacement. No warranty is given for impairments resulting from use contrary to the contract, from interventions by the customer or third parties, or from circumstances outside the Provider's sphere of control. No warranty is given for free trial and pilot access.
12. Liability
The Provider is liable without limitation in cases of intent and gross negligence, for damage arising from injury to life, body or health, and under the Austrian Product Liability Act.
In cases of slight negligence the Provider is liable only for breach of material contractual obligations, limited in amount to the foreseeable damage typical of this type of contract and in any event to the net fees paid by the customer in the twelve months preceding the event giving rise to the damage.
Liability for consequential damage, loss of profit, loss of interest, saved expenses and damage arising from third-party claims is excluded in cases of slight negligence. Also excluded is liability for the loss of content whose restoration is technically impossible as a result of end-to-end encryption (clause 6.2), and for the consequences of a recording that is unlawful under clause 6.1.
The customer must maintain its own backups in line with the state of the art.
13. Force majeure
Events of force majeure — in particular natural events, war, official measures, industrial action, and large-scale disruption of power, network or cloud infrastructure — release the affected party from its obligation to perform for their duration. If such an event lasts longer than 60 days, either party may terminate the contract in writing.
14. Changes to these terms
The Provider may amend these terms with effect for the future. Changes will be notified to the customer in text form at least six weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted; the notification will draw separate attention to this effect. If the customer objects, either party may terminate the contract with effect from the date the changes would take effect.
15. Final provisions
Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
The courts with subject-matter jurisdiction for 1010 Vienna are agreed as the place of jurisdiction for all disputes arising out of or in connection with this contract.
Amendments and additions require text form. Set-off against disputed claims or claims not established by final judgment is excluded. Should any provision be or become invalid, the validity of the remaining provisions is unaffected; the invalid provision is replaced by one that comes closest to its economic purpose.
16. Contact
Curioskar FlexCo
Leopold Steiner Gasse 26/A2, 1190 Vienna, Austria
Email: support@plexcoach.com