1.1 These terms of use apply to the conclusion, content, and fulfillment of all contracts and legal relationships regarding the provision of software or services for the use of "StereumPlus" with its respective functions, including auxiliary services as a SaaS (Software- as-a-Service) service. This applies to contracts concluded between Stereum Services FlexCo, FN 630760p, A-2003 Leitzersbrunn (Stockerau), Leitzersbrunnerfeld 24, and third parties (CUSTOMERS). These terms of use also apply to future contracts without requiring renewed reference to them.
1.2 Deviations from these terms of use are only valid if agreed upon in writing between us and the CUSTOMER. Verbal agreements are valid for consumers as CUSTOMERS. The deviations replace these terms of use only to the extent that they contradict them. If any of the provisions in these terms are invalid, it does not affect the validity of the remaining provisions. The invalid provision will be replaced with a lawful provision that is as economically equivalent as possible. The CUSTOMER's general terms and conditions are not applicable under any circumstances.
1.3 A mutual business relationship exists if the CUSTOMER is a businessperson and the contract relates to the operation of their business. Our offer is aimed at commercial customers. Until proven otherwise, it is presumed that the CUSTOMER is a businessperson and the contract relates to the operation of their business.
1.4 We reserve the right to change these terms of use in the future for objectively justified reasons and to an extent that is reasonable for the CUSTOMER. A change is particularly justified and reasonable if it is intended to align the terms with applicable law, implement court or administrative decisions, introduce new services or service elements, address technical, economic, or organizational circumstances, or if the change benefits the CUSTOMER. In the case of an intended change, we will notify the CUSTOMER of the proposed change, marking the changes at least 60 calendar days before the planned effective date, via email. If the CUSTOMER does not expressly object to the proposed change within 60 calendar days after receiving the notice, the change will be considered accepted, and the contract will continue under the amended terms. We will particularly inform the CUSTOMER at the start of the period that silence will be considered acceptance. If the CUSTOMER objects in time, the previous terms will continue to apply, and we reserve the right to terminate the contract (Section 7.3) or to modify the contract.
1.5 References to our website in these terms of use reflect the current status at the time of access. These references are subject to change.
2.1 To use "StereumPlus," browser versions of Google Chrome, Mozilla Firefox, Safari, Microsoft Edge, or Opera, and operating system versions of iOS or Android from the last two years are required (calculated from the current date during the contract, not from the contract date). The application requires an active internet connection with sufficient bandwidth. There is no "offline" mode.
2.2 A CUSTOMER registration on our website is required for the use of "StereumPlus." There is no entitlement to registration.
2.3 The CUSTOMER may only register in their own name or as an authorized representative for a legal entity or a legal partnership (including naming an authorized representative as a contact person). The data requested during registration must be provided completely and accurately. The CUSTOMER is responsible for the completeness and accuracy of this information. The CUSTOMER will promptly inform us in writing of any changes to their data.
2.4 The CUSTOMER or their authorized representative for a legal entity or legal partnership must be at least 18 years old to conclude the contract and use "StereumPlus."
2.5 We reserve the right to request appropriate proof from the CUSTOMER regarding the information provided during registration (passport, commercial register extract, etc.). We are not obligated to verify the accuracy or completeness of the CUSTOMER's data or to check for potential legal violations. In case of suspected abuse or illegal use of the data, we may suspend or delete the CUSTOMER account.
3.1 The subject of the contract is the provision of the software or services "StereumPlus" as a SaaS service over the internet as a cloud hosting solution in its current version, for a fee during the contract period, for personal use by the CUSTOMER (hereinafter referred to as "StereumPlus"). The CUSTOMER may only use "StereumPlus" for the applications listed in the "Whitelist" (Appendix 1). The CUSTOMER has the paid, non-exclusive, non- transferable, and non-sublicensable right to use "StereumPlus" for personal use for the applications listed in the "Whitelist" for the duration and scope of the contract relationship.
3.2 We offer different models of "StereumPlus" for use by the CUSTOMER. The respective scope of services, prices, and functions are described under https://stage.plus.stereum.com/ and in the service description and price list (Appendix 2).
3.3 We will provide the CUSTOMER with "StereumPlus" in the latest available version. However, it is possible that the CUSTOMER's hardware and accessories may not support the latest version. The CUSTOMER has no right to request a previous version. The functions and contents of "StereumPlus" are subject to ongoing changes. We reserve the right to adapt, modify, restrict, or further develop "StereumPlus." We may also remove existing functions entirely or in part or offer previously free functions for a fee in the future. We will inform the CUSTOMER in advance of any significant restrictions compared to the paid functions at the time of contract conclusion. A significant restriction occurs if 15% or more functions compared to the paid functions at the time of contract conclusion are discontinued.
3.4 The CUSTOMER can generally use "StereumPlus" on an unlimited number of devices.
3.5 We cannot provide the CUSTOMER with error-free software for use. The CUSTOMER is aware that limitations or complete failures of "StereumPlus" or the software, server, and the used website, as well as data loss, are possible (though unlikely). We do not owe the CUSTOMER full and permanent functionality or operational availability of "StereumPlus." Of course, we will make efforts to resolve technical disruptions in our sphere according to technical possibilities and this agreement.
3.6 Minor and reasonable changes to the paid functional scope of "StereumPlus" are expressly pre-approved by the CUSTOMER. A change is considered minor if less than 15% of the functions available at the time of contract conclusion are discontinued. The CUSTOMER expressly agrees to these changes.
3.7 The following are not part of the agreed subject of the contract:
3.7.1 the development of individual solutions for the CUSTOMER or adjustments to the CUSTOMER's needs,
3.7.2 introductory, training, and continuing education services,
3.7.3 legal or tax advice and advice regarding crypto assets,
3.7.4 the provision of crypto asset services under Regulation (EU) 2023/1114 and Regulation (EU) 2024/1624,
