Terms and conditions

General Terms and Conditions (GTC) for the use of Crashwise

As of: July 08, 2025

Provider (Contractor): Crashwise FlexKapG, Ziestgasse 2, 1140 Vienna, Austria

1. Scope and Subject of the Contract

   1. These General Terms and Conditions (GTC) apply to all current and future business relationships between Crashwise FlexKapG (hereinafter referred to as "Crashwise" or "Contractor") and its corporate customers (hereinafter referred to as "Customer" or "Client").

   2. Crashwise provides the Customer with a software application ("Crashwise App") as a complete digital solution for the professional and structured recording of data in the event of traffic accidents and vehicle damage (hereinafter referred to as "Service"). The use is carried out by persons authorized by the Customer (e.g., employees, drivers).

   3. Conflicting or deviating terms and conditions of the Customer shall not become part of the contract, even if Crashwise executes the contract with knowledge of them.

2. Scope of Services

   1. The service provided by Crashwise includes the provision of the Crashwise App for iOS and Android. The app offers a digital assistant that guides the user step-by-step through the documentation of accident data. This includes, among other things, the collection of photos, videos, location data, and vehicle-related information.

   2. A standardized report can be generated from the collected data.

   3. Crashwise is purely a documentation tool. The service explicitly does not include legal advice, no guarantee for the outcome of claims settlements, and does not replace any legally required reporting obligations (e.g., police notification).

   4. Crashwise is entitled to change the technology and infrastructure used to provide the service at its own discretion, as long as this does not lead to a significant impairment of the agreed service.

3. Customer's Duties of Cooperation and Provision

   1. The Customer is responsible for instructing its authorized employees and third parties (hereinafter referred to as "Users") in the proper and safe use of the Crashwise App.

   2. The Customer shall ensure that its Users only use the app in compliance with the applicable traffic regulations and do not expose themselves to any danger during data collection.

   3. The Customer bears the sole responsibility for ensuring that the data collected and uploaded by its Users (especially photos, videos, and statements from third parties) comply with data protection and privacy laws.

   4. The Customer is responsible for the secure storage of the access data provided to it or its Users.

   5. The Customer is obliged to report any known misuse of the access data or the app to Crashwise immediately.

   6. The backup of the data and reports collected by the Customer or its Users is the responsibility of the Customer. Crashwise does not represent a primary data archive for the Customer.

4. Rights of Use (Work Use Permit)

   1. For the duration of the contract, Crashwise grants the Customer the non-exclusive, non-transferable, and non-sublicensable right to use the Crashwise App for its own business purposes to the agreed extent.

   2. All copyrights and other intellectual property rights to the software, algorithms, and design shall remain with Crashwise. Any distribution, modification, or decompilation of the software by the Customer is excluded.

5. Data Protection and Data Use

   1. In the relationship between Crashwise and the Customer, the Customer is the "Controller" in terms of data protection law (according to Art. 4 No. 7 GDPR) for all personal data that its Users collect via the app. The Customer is responsible for compliance with the GDPR, especially for the lawfulness of the data collection.

   2. Crashwise acts purely as a software provider. Personal data is only processed and stored on behalf and under the authority of the Customer. Crashwise does not access this data in an identifiable form.

   3. The Customer grants Crashwise the free, irrevocable, and unlimited right in time to collect, store, and use all data generated through the use of the app in a completely anonymized form for the purposes of analysis, improvement of road safety, and enrichment of a data pool.

6. Warranty and Liability

   1. Crashwise warrants that the app essentially fulfills the functions described in the scope of services. A defect to be remedied exists if the app shows a behavior deviating from the service description and this is reproducible by the Customer. The warranty period is six months.

   2. In the event of a warranty claim, improvement has priority over price reduction or rescission.

   3. Crashwise is liable for damages caused by Crashwise or third parties attributable to it only in cases of gross negligence or intent.

   4. The legally mandatory liability for personal injury caused by fault remains unaffected by this exclusion of liability.

   5. Liability for indirect damages, lost profits, costs in connection with a business interruption, and data loss is expressly excluded.

   6. Crashwise assumes no liability for the correctness or completeness of the data collected by the User, nor for disruptions that are outside of Crashwise's sphere of influence (e.g., failure of telecommunication networks, GPS inaccuracies).

7. Contract Duration and Termination

   1. The contract is concluded for an indefinite period, unless a minimum term is agreed upon in writing.

   2. The contract may be terminated in writing by either party with a notice period of three months to the end of a calendar year.

   3. The right to extraordinary termination for good cause remains unaffected. A good cause exists in particular if the other contracting party violates essential contractual obligations despite a warning.

   4. Upon termination of the contract, the Customer's right to use the Crashwise App expires. Already anonymized data remains in Crashwise's data pool.

8. Final Provisions

   1. Amendments or additions to this contract must be made in writing. This also applies to the waiver of this formal requirement.

   2. Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

   3. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.

   4. For all disputes arising from this contract, the exclusive jurisdiction of the court having subject-matter jurisdiction for the registered office of Crashwise in Vienna is agreed.