When using the website and the software solutions on it, our terms of use apply. To this end, we provide online software documentation services via the website www.sysparency.com. This offer is aimed exclusively at companies and not at private individuals.

The registration of companies and users in the Sysparency Online Portal is necessary for the use of the documentation services provided. This data protection declaration and these general terms and conditions must be accepted

Please read our terms and conditions here.

Terms of Service

scope

1. These general terms and conditions are valid until revoked and can be changed by Sysparency GmbH at any time. The user will be notified of any change the next time he logs in and the user has the option of suspending the user profile if it is not accepted.
2. These general terms and conditions apply to all access points ([Sub-] Domains, mobile access) to the Sysparency online platform and the range of services. In particular, the Sysparency online offer can be reached under the following domains including subdomains: Sysparency.com, Sysparency.at, Sysparency.de, online.sysparency.com.

Subject of the contract

1. With the Sysparency – Online Tool, Sysparency offers its customers an online platform for the automated post-documentation of software. With the scientifically developed software analysis algorithm Sysparency, customers can understand the functionality of their software systems, make their software generally more robust and legally compliant and significantly reduce further development costs.
2. The Sysparency – Online Tool can be used free of charge until canceled. Costs arise only through the acceptance of an individual offer for the subsequent documentation of a source code made available by the user.
3. The contract can be terminated by either party at any time. The user can cancel his profile at any time by giving 3 months’ notice; the profile and the projects entered are deactivated manually by Sysparency no later than seven working days after the cancellation.
4. Once the termination has been processed, the profile is considered deactivated and all of the customer’s active projects are deactivated. After the last invoice has been delivered and paid, the user’s data is archived and is no longer available in the Sysparency Online Tool.

Payment and pricing

1. The Sysparency – Online Tool can be used free of charge in the form of a free version until further notice. Costs arise only through the acceptance of an individual offer for the subsequent documentation of a source code made available by the user.
2. The fee is due for payment in advance upon conclusion of the contract. The customer has the payment by cash transfer to the account of Sysparency GmbH.
3. The offer agreed with the customer and the current price at the time of the conclusion of the contract are decisive for the remuneration due from the contract. Prices are given in euros as final prices. Payments are made in euro currency.
4. The invoice will be sent to the customer to the specified email address. The contractual partner expressly gives its consent to the transmission of invoices by email. Unless otherwise agreed, the invoice is due immediately after delivery without any deductions.
5. Payments to Sysparency GmbH with debt-discharging effect are only to be made to the account named in the Sysparency GmbH invoice. In the case of transfers, the credit entry on the account specified by Sysparency GmbH is decisive for the timeliness of payment.
6. Existing claims against Sysparency GmbH do not entitle the contractual partner to withhold agreed payments. Offsetting against counterclaims or withholding payments by the contractual partner – for whatever reason – is excluded and in any case not permitted.
7. If the agreed payment term is exceeded, Sysparency GmbH is entitled to charge default interest and compound interest in the amount of 12% pa. In the event of default, the contractual partner is obliged to reimburse all relevant procedural and extra-procedural costs of collection, as well as the costs of a lawyer or third party employed by Sysparency GmbH to support the collection, in addition to the default interest.

Customer obligations

1. By creating a user profile on the Sysparency online portal, the user confirms that all of the data provided is true. Sysparency reserves the right to contact the customer – in the event of inconsistencies with the data provided – and to correct this data.
2. By using the Sysparency online portal, the customer confirms that he is not violating any copyrights or other statutory rules and that the customer has the legitimacy to publish.
3. By saving the data (e.g. project data, source code) in the tool, the customer confirms that the content does not violate any legal regulations.
4. In the event of problems with a user profile, Sysparency reserves the right to deactivate this profile and will contact the customer. He agrees to actively support Sysparency in resolving these problems.
5. A targeted commercial or automated use of our service is strictly prohibited. If you are interested in commercial and secure use, we can provide you with needs-based services. For a quote, please contact office@sysparency.com . Special commercial use of the Sysparency services requires a separate written agreement with Sysparency GmbH.
6. The user declares that he has full authority and authorization to enter into this agreement.

Use of the data

1. To provide our services, the data you have entered yourself will be processed on your behalf. These are:

• User contact details
• Your company’s data
• Project specific data

2. We also process the content and usage data that arise when using our services. This is data that is generated when using our website and the user area, such as information about the start, end and scope of use or login data, the documents and content from online communication stored in your personal user account
3. Every entry of data on the Sysparency online platform is stored in the Sysparency GmbH cloud database.
4. Sysparency GmbH reserves the right to further process the anonymized data for commercial and research purposes.
5. By linking a company account with pre-configured company profiles, the customer can change the images and logos displayed. For changes and other requests regarding the preconfigured company profiles, please contact us at office@Sysparency.com to contact.
6. The user agrees that Sysparency may add the name and branding of the customer to a list of Sysparency customers on the Internet or for advertising purposes. Customer also agrees that Sysparency may verbally refer to Customer as a customer of Sysparency’s products or services subject to this Agreement.
7. Your personal data can also be processed on servers outside the European Economic Area by using the Internet, for example when transmitting data. Insofar as service providers outside the EEA are used, we contractually ensure a data protection level that corresponds to the data protection security standard ISO 27001. When you access www.sysparency.com, your internet browser automatically transmits the following data as part of the server request for technical reasons:

• IP address of the requesting computer
• operating system used
• Browsing data
• Date and time of the server request
• Name / URL of files accessed
• URL of the previously visited website (referrer)
• Amount of data sent

These data are stored solely for technical reasons and only used for statistical purposes.

Cookies

We use cookies to adapt our services to your needs. Cookies are small files that recognize a user the next time they use the site and identify them via the following web services:

• Google AdWords
  Tool for personalized control, statistical analysis and evaluation of advertisements via Google services. Processed data: Account ID, User IP Storage duration: 30 days from visiting www.sysparency.com
• Bing Ads/Microsoft Advertising
  Tool for personalized control, statistical analysis and evaluation of advertisements via Bing. Processed data: Account ID, User IP Storage duration: 30 days from visiting www.sysparency.com
• Facebook Ads
  Tool for personalized control, statistical analysis and evaluation of advertisements via Facebook. Processed data: Account ID, User IP Storage duration: 30 days from visiting www.sysparency.com
• Google Tag Manager
  Individualized assignment of properties to users, tag management system, integrated third-party services Processed data: account id / user IP, event tracking www.sysparency.com Storage period: 30 days after visiting www.sysparency.com
• Google Analytics
  Evaluation / reports of website traffic to optimize our homepage and customer journey. Processed data: IP address (anonymized, User URL, pageviews, track goals (internal goal text keys), Tag use, Account ID Storage duration: 2 years from visiting www.sysparency.com
• Google Search Console
  Uses data from Google search to evaluate result data for the websites. Sent data: sitemap Processed data: Access locations Storage duration: 30 days from visiting www.sysparency.com
• Hotjar
  Evaluation / reports of website behavior to optimize our homepage and customer journey. Processed data: IP address (anonymized, User URL, pageviews, track goals (internal goal text keys), Tag use, Account ID Storage duration: 2 years from visiting www.sysparency.com

The information generated is transmitted to a Google server in the USA under the EU-US Privacy Shield on the basis of the adequacy decision of the European Commission in the USA and stored there. Due to the IP anonymization on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The IP address transmitted by your browser will not be merged with other Google data.

You can find more information on terms of use and data protection at: www.google.com/analytics/terms/de.html

The US privacy certification can be found at: www.privacyshield.gov

You can prevent the data generated by Google Analytics from being recorded by installing the plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Right of withdrawal
You can delete your user account at any time free of charge and without giving reasons or object to further data use in writing or by email to office@sysparency.com. Please note that it is not possible to continue using our services without processing your data.

Your data will no longer be available for further use after your revocation and will be blocked until the expiry of the statutory retention period and then irretrievably deleted. The statutory deadlines can be up to 7 years, depending on the application. We are happy to provide specific information in individual cases on request.

Storage, information and correction
Only data entered by you yourself is processed on sysparency.com. Unless otherwise agreed, your data will be used to provide the services offered by us or third parties on sysparency.com.

Your data will be stored by Sysparency GmbH for the entire duration of your contract for the use of sysparency.com – and beyond that, if necessary for accounting purposes, until the end of the statutory retention period (e.g. seven years according to Section 212 UGB).

You have the right to free information and transmission of your on at any time sysparency.com stored data, about the bodies through which your data was processed – as well as about the type of processing of your data.

To do this, simply contact: office@sysparency.com

If the data you have saved is no longer up-to-date or has errors, you can of course update or correct it at any time by sending a short message.

Changes to the privacy policy
We reserve the right to make changes to this data protection declaration at a later date. Adjustments may be necessary in particular due to legal requirements, changed technical standards or the introduction of new services. A current version of our data protection declaration is continuously available on our homepage. If this data protection declaration is changed in the future, we will inform you by email.

complaints
In case of complaints, you can contact office@sysparency.com as well as all complaint bodies provided for by law.

Complaints Office of the Austrian Data Protection Authority:

Austrian data protection authority
Complaint handling
Hohenstaufengasse 3
1010 Vienna

Security of your data and your program code

1. Your software program code will be uploaded to our SSL secured online platform.
2. Your user password is encrypted by a hashing algorithm and used to encrypt the program code.
3. After uploading, the entire program code is encrypted with the highly secure Advanced Encryption Standard algorithm and is thus protected from unauthorized access. The automated documentation of the source code is started immediately and checked manually by a software engineering expert for quality requirements.
   • The sysparency algorithm was developed together with the Software Competence Center Hagenberg (SCCH) and is continuously being further developed. Sysparency has a research and development cooperation with the SCCH. The analysis of the uploaded software program code is carried out in cooperation between the academic software engineers of the SCCH and the experts from Sysparency.
4. The resulting software documentation will be made available to you via our Sysparency online platform. You will be informed of the completion by email.
5. The documentation files are also encrypted via the Sysparency online platform.

Disclaimer of liability

1. No liability is assumed for the data provided by the advertising company (in particular images, texts and URLs).
2. Sysparency GmbH guarantees that the content is calculated and prepared in accordance with the usual, current technical standard. The user acknowledges that, according to the state of the art, it is not possible to create a completely error-free program.
3. Maintenance work, updates or similar work are carried out by Sysparency GmbH if possible in such a way that downtimes do not occur or are kept as short as possible. As far as possible, this work will be announced on the Sysparency homepage.
4. In the event of interruptions – for whatever reason – no claims can be made against Sysparency GmbH.

Applicable law, place of jurisdiction and language

1. The place of jurisdiction for all disputes arising from the business relationship between Sysparency GmbH and the contractual partner is the competent court in Linz, Austria.
2. German and English are the authoritative languages for all information, communication and terms and conditions.

Final provisions

1. Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
2. There are no verbal side agreements. All agreements, subsequent changes, additions, subsidiary agreements etc. must be in writing to be valid. This also applies to the submission of the written form requirement. Explanations via email are sufficient in writing.