Terms and Conditions

These terms govern your use of our services, including consulting, software products, and payment processing.

Last updated: January 2025

1. Acceptance of Terms

By accessing or using the services provided by Mehr Kraft Digital Riazi e.U. ("Company", "we", "our", or "us"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These terms apply to all services including: website access, Moodwhisper, Lunterion, grant consulting, startup support, MVP development, and all related products and services.

2. Services Provided

2.1 Software Products

We provide SaaS products including Moodwhisper (employee engagement platform) and Lunterion (CRM system). Services are provided on a subscription basis with specific terms outlined in your service agreement.

2.2 Consulting Services

We offer grant consulting, startup advisory, technical consulting, and business strategy services. Deliverables, timelines, and fees are specified in individual service agreements.

2.3 Development Services

We provide MVP development, full-stack development, and technical implementation services. Scope, specifications, and payment terms are defined in project-specific contracts.

3. Account Registration and Security

When you create an account with us:

You must provide accurate, complete, and current information
You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized access or security breach
We reserve the right to suspend or terminate accounts that violate these terms

4. Payment Terms

4.1 Pricing and Fees

Prices for our services are displayed on our website or specified in service agreements. All prices are in EUR unless otherwise stated. We reserve the right to change prices with 30 days notice for subscription services.

4.2 Payment Processing

Payments are processed securely through Stripe. By making a payment, you agree to Stripe's Terms of Service. We do not store your full payment card details.

4.3 Payment Schedule

Subscription Services: Billed monthly or annually based on your selected plan
One-Time Services: Payment due before service delivery or as specified in the service agreement
Project-Based Services: Payment milestones defined in project contract

4.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including VAT, unless you provide valid tax exemption documentation.

4.5 Late Payments

Late payments may result in service suspension. We reserve the right to charge interest on overdue amounts at the rate permitted by Austrian law.

5. Refund and Cancellation Policy

5.1 Subscription Services

Subscription fees are non-refundable. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period.

5.2 One-Time Payments

One-time service payments (e.g., grant eligibility assessment) are non-refundable once the service has been delivered. Refund requests must be submitted within 48 hours of payment if service has not yet been delivered.

5.3 Project-Based Services

Refunds for project-based services are governed by the specific project agreement. Generally, work completed is non-refundable.

6. Intellectual Property Rights

6.1 Our Property

All content, software, designs, graphics, and materials provided through our services remain our property or that of our licensors. You may not copy, modify, distribute, or reverse engineer our services without written permission.

6.2 Your Content

You retain ownership of any content you provide to us. By using our services, you grant us a license to use, store, and process your content solely for the purpose of providing services to you.

6.3 Project Deliverables

For custom development projects, intellectual property rights transfer to you upon full payment, unless otherwise specified in the project agreement.

7. Data Protection and Privacy

Your use of our services is also governed by our Privacy Policy. We process personal data in accordance with GDPR and Austrian data protection laws. For detailed information, please review our Privacy Policy.

8. User Responsibilities and Acceptable Use

You agree not to:

Violate any laws or regulations
Infringe on intellectual property rights
Transmit malicious code, viruses, or harmful software
Attempt unauthorized access to our systems
Use our services for fraudulent or deceptive purposes
Interfere with other users' access to services
Scrape, harvest, or collect user data without permission

9. Service Availability and Modifications

We strive to provide reliable services but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue services with reasonable notice. Scheduled maintenance will be communicated in advance when possible.

10. Limitation of Liability

To the maximum extent permitted by Austrian law:

We are not liable for indirect, incidental, special, or consequential damages
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
We do not guarantee specific outcomes from consulting services (e.g., grant approval)
We are not responsible for third-party services, including Stripe payment processing

Nothing in these terms excludes our liability for fraud, gross negligence, or liability that cannot be excluded under Austrian law.

11. Warranties and Disclaimers

Services are provided "as is" without warranties of any kind. We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that services will be error-free, secure, or uninterrupted.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, violation of these terms, or infringement of any rights of third parties.

13. Termination

We may terminate or suspend your access to services immediately if you breach these terms. Upon termination, your right to use services ceases immediately. Provisions that should survive termination (including payment obligations, intellectual property rights, and limitation of liability) remain in effect.

14. Governing Law and Jurisdiction

These terms are governed by Austrian law. Any disputes shall be subject to the exclusive jurisdiction of the courts in Vienna, Austria. EU consumers may also bring claims in their country of residence.

15. Dispute Resolution

We encourage resolving disputes amicably. Before initiating legal proceedings, please contact us at info@mehrkraftdigital.com to discuss resolution. EU consumers have the right to use the EU Online Dispute Resolution platform.

16. Changes to These Terms

We may update these terms from time to time. We will notify you of material changes via email or through our website. Continued use of services after changes constitutes acceptance. For significant changes, we may require explicit acceptance.

17. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions remain in full effect.

18. Entire Agreement

These terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Mehr Kraft Digital regarding use of our services.

19. Contact Information

For questions about these terms:

Mehr Kraft Digital Riazi e.U.

Am langen felde 50/10

1220 Wien, Austria

Email: info@mehrkraftdigital.com

Phone: +43 660 729 8774

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