Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services provided by nyquisegpf AG, a company registered in Austria with registration number FN258963a and VAT number ATU25143679, located at Neubaugasse 170, 8005 Graz, Styria, Austria ("nyquisegpf", "we", "us", or "our").

By accessing or using our website, customer retention automation tools, or any related services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

nyquisegpf provides retail customer retention automation tools and related services designed to help retailers improve customer engagement, loyalty, and retention. Our services include but are not limited to:

• Email marketing automation platforms
• Customer segmentation and analytics tools
• Loyalty programme automation systems
• Predictive analytics and reporting services
• Technical support and consultation services

3. User Obligations

As a user of our services, you agree to:

• Provide accurate, current, and complete information when creating an account or using our services
• Maintain the security and confidentiality of your account credentials
• Use our services only for lawful purposes and in accordance with these Terms
• Comply with all applicable laws and regulations, including data protection and privacy laws
• Not attempt to interfere with, disrupt, or compromise the security of our services
• Not use our services to transmit spam, malware, or other harmful content
• Respect the intellectual property rights of nyquisegpf and third parties

4. Account Registration and Access

To access certain features of our services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

5. Payment Terms

If you subscribe to our paid services, you agree to pay all applicable fees as described in your service agreement. Payments are due in advance and are non-refundable unless otherwise specified. We reserve the right to modify our pricing with reasonable notice to existing customers.

6. Intellectual Property

All content, software, technology, and materials provided through our services, including but not limited to text, graphics, logos, software code, and user interfaces, are the intellectual property of nyquisegpf or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use our services for your business purposes in accordance with these Terms. 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 our software.

7. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal data 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.

8. Service Availability

We strive to maintain high service availability, but we do not guarantee that our services will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice when possible.

9. Limitation of Liability

To the maximum extent permitted by law, nyquisegpf 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 any claims arising from or related to these Terms or our services shall not exceed the amount you paid to us for the services in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless nyquisegpf, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your use of our services or violation of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Graz, Austria.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.

12. Termination

Either party may terminate these Terms at any time with reasonable notice. Upon termination, your right to use our services will cease immediately. We may also terminate or suspend your access to our services immediately, without prior notice, if you breach these Terms.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, liability limitations, and governing law clauses.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

14. 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.

15. Entire Agreement

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

16. Contact Information

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

17. Additional Terms for Business Customers

If you are using our services as a business customer, additional terms may apply as specified in your service agreement or statement of work. In case of conflict between these Terms and your specific service agreement, the terms of your service agreement shall prevail.

18. Force Majeure

nyquisegpf shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.