1. Scope
These terms apply to all contracts on the use of LogCon between Logcon East GmbH (“provider”) and its customers. The offer is directed exclusively at businesses. Deviating terms of the customer only apply with written consent.
2. Conclusion of contract
The contract is concluded upon registration and acceptance of these terms. For paid plans the contract is concluded when the subscription is taken out.
3. Services
The provider makes LogCon available as web-based software. The scope of services results from the current service description and price list on the website. The provider continuously develops the software; essential functions will not be removed without reasonable notice.
Availability: (to follow)
4. Trial
New customers can test LogCon free of charge for 30 days without providing a means of payment. The trial ends automatically unless a paid subscription is taken out. Trial data is deleted after (to follow) unless a subscription follows.
5. Prices and payment
The prices of the quote or of the price list at the time the contract is concluded apply, plus statutory VAT. The price per seat covers the order volume stated there (fair use); orders above it and usage-based services such as customs cases are billed according to the quote or price list.
Billing is monthly or annually in advance. For annual payment the provider grants the discount shown in the price list.
6. Term and termination
Term and notice period of paid subscriptions: (to follow). The right to terminate for good cause remains unaffected.
7. Customer obligations
- Keep credentials confidential and grant users only the access they need
- Only process content it is entitled to process
- Not misuse the software, in particular not circumvent security mechanisms
- Ensure its own data backups outside the service where necessary
8. AI functions
LogCon uses AI agents that create proposals and – depending on the autonomy level set by the customer – execute actions automatically. The customer defines autonomy levels and guardrails and remains responsible for the results, in particular orders, prices, invoices and customs declarations. AI results can be incorrect and must be reviewed by the customer to a reasonable extent. Responsibility for customs declarations remains with the declarant.
9. Rights of use
For the term of the contract the customer receives a non-exclusive, non-transferable right to use LogCon to the agreed extent for its own business purposes.
10. Customer data
Data entered by the customer remains its property. The customer can retrieve its data at any time via export functions and the API. After the contract ends, the provider makes a complete data export available for 30 days and then deletes the data unless statutory retention obligations apply.
11. Data protection
Where the provider processes personal data on behalf of the customer, the parties conclude the data processing agreement (DPA) under Art. 28 GDPR, which forms part of this contract.
12. Third-party integrations
For integrations (e.g. freight exchange, telematics, accounting) the customer needs its own contracts and credentials with the respective third party. The provider is not liable for the availability and services of these third parties.
13. Warranty
The provider warrants that the software essentially corresponds to the service description. Defects must be reported without delay. The provider will remedy reported defects within a reasonable period.
14. Liability
The provider is liable without limitation for intent and gross negligence and for personal injury. Liability for slight negligence is excluded to the extent permitted by law. Liability for lost profit, indirect damage and data loss – where avoidable by proper data backup – is excluded. Liability is limited in amount to (to follow).
15. Confidentiality
The parties treat all confidential information of the other party confidentially, including after the contract ends.
16. Changes to these terms
The provider may change these terms with at least six weeks' notice. If the customer does not object within this period, the changes are deemed accepted; the notice will point out this consequence. In case of objection, either party may terminate as of the date of the change.
17. Final provisions
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Wien. Should any provision be invalid, the validity of the remaining provisions remains unaffected.