Terms of Service

Acceptance of Terms

By accessing and using the clearforgeion website (clearforgeion.pro) and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and clearforgeion AG, a company registered in Austria with registration number FN258963a.

Description of Services

clearforgeion provides construction workforce productivity tools and related services to help construction professionals optimise their operations. Our services include but are not limited to:

• Workforce management solutions
• Performance analytics and reporting
• Project management tools
• Safety and compliance management
• Consultation and support services
• Training and implementation assistance

User Obligations

When using our website and services, you agree to:

• Provide accurate and complete information when contacting us
• Use our services only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of clearforgeion and third parties
• Not attempt to gain unauthorised access to our systems or services
• Not use our services to transmit harmful, offensive, or illegal content
• Comply with all applicable laws and regulations
• Maintain the confidentiality of any login credentials or access information

You are prohibited from:

• Attempting to reverse engineer, decompile, or disassemble our software
• Using automated systems to access our website without permission
• Interfering with or disrupting our services or servers
• Impersonating clearforgeion or any other entity
• Violating any applicable laws or regulations

Intellectual Property

All content, materials, software, and intellectual property on the clearforgeion website and services are owned by clearforgeion AG or our licensors and are protected by Austrian and international copyright, trademark, and other intellectual property laws.

This includes but is not limited to:

• Text, graphics, images, logos, and design elements
• Software, applications, and technical documentation
• Trademarks, service marks, and trade names
• Proprietary methodologies and business processes
• Training materials and documentation

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Service Availability

We strive to provide reliable access to our website and services, but we cannot guarantee uninterrupted availability. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Internet connectivity issues
• Force majeure events beyond our control

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to affected users.

Payment Terms

For paid services, the following payment terms apply:

• Fees are due as specified in your service agreement
• All prices are quoted in Euros (EUR) unless otherwise specified
• VAT will be added where applicable
• Late payment may result in service suspension
• Refunds are subject to our refund policy as specified in individual agreements

Limitation of Liability

To the fullest extent permitted by Austrian law, clearforgeion AG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability to you for all claims arising from or relating to these Terms or our services shall not exceed the amount paid by you to clearforgeion in the twelve (12) months preceding the claim.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if clearforgeion has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless clearforgeion AG, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through our services

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and Austrian data protection laws. For more information about how we handle your personal data, please review our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Austria, and you hereby consent to the jurisdiction of such courts.

If you are a consumer resident in the European Union, you retain the right to bring legal proceedings in the courts of your country of residence.

Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If a dispute cannot be resolved through direct communication, we may agree to participate in mediation or arbitration as an alternative to litigation.

For consumer disputes, you may also contact the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Termination

Either party may terminate any service agreement with reasonable notice as specified in the individual agreement. We may also terminate or suspend your access to our services immediately if:

• You breach these Terms or any service agreement
• We are required to do so by law
• Your use of our services creates risk or legal exposure for us
• Our provision of services becomes impractical or unfeasible

Upon termination, your right to use our services will cease immediately, but the provisions of these Terms that by their nature should survive termination will remain in effect.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

We recommend that you review these Terms periodically to stay informed of any updates.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and clearforgeion regarding your use of our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: