§ 1.1  Our services.  These User Terms (the "User Terms") govern your access to and use of our services (the "greenpass Services") made available at https://www.greenpass.io (the "Website"). Please read them carefully. Although you are logging into an existing workspace, these User Terms apply to you as a user of the greenpass Services.

§ 1.2  These User Terms are legally binding.

(a) These User Terms are a legally binding agreement between you and us.

(b) As part of these User Terms, you agree to comply with the most recent version of our User Code, which is incorporated into these User Terms by reference. By accessing or using the greenpass Services, or continuing to access or use the greenpass Services after being notified of any changes to the User Terms or the User Code, you acknowledge that you have read and understood the User Terms and the User Code.

(c) “We”, “our” and “us” refer to the person named in Article VII.

§ 1.3 An agreement.

(a)  These User Terms, including any provisions incorporated by reference herein, constitute the entire agreement between you and us and supersede all prior and contemporaneous written or oral agreements, proposals, or representations relating to the subject matter of these User Terms.

(b) In the event of any conflict or inconsistency between

§ 1.4 Changes.

(a) As our business evolves, changes to these User Terms and the User Code may also be necessary. We will notify you before any material changes take effect.

§ 2.1  Authorized user in the customer-controlled workspace.  An organization or other third party, which we refer to as a "Customer" in these User Terms, has invited you to a Workspace, which is a digital space where a user or group of users can access the greenpass Services. For example, if you join one of your employer's Workspaces, your employer is the Customer. If you join a Workspace created by a client of the agency you work for, that client is our Customer and authorizes you to join their Workspace.

§ 2.2  What this means for you and us.

§ 2.3 The relationship between you, the customer and us. Regarding the relationship between us and the Customer, you agree that it is the sole responsibility of the Customer

§ 2.4 No representations or warranties. We make no representations or warranties of any kind, express or implied, to you with respect to the greenpass Services, which are provided to you on an "as available" and "as existing" basis.

§ 3.1  Age restriction.

(a) The greenpass Services are intended for individuals who are at least 16 years old.

§ 3.3 You are here because the customer and we want this. These User Terms remain in effect until your access to the greenpass Services is terminated by the Customer or us. Please contact the Customer if you wish to delete your account at any time or for any reason, including failure to agree to any changes to these User Terms or the User Code of Conduct.

§ 4.1  Measures in case of violation. If we believe there has been a violation of the Agreement, the User Terms, the User Code, or other policies of ours that can be remedied simply by the Customer removing certain Customer Data or taking other action, we will, in most cases, ask the Customer to take appropriate action rather than intervening ourselves. We may intervene directly and take any action we deem appropriate, including deactivating your account, if the Customer fails to take appropriate action or if we believe there is a credible risk of harm to us, the greenpass Services, Authorized Users, or third parties.

§ 4.3 No liability for violation. Unless you are also a customer, and subject to our rights and remedies under the Contract, you will not have any financial liability to us for any breach of these User Terms.

§ 4.4 Liability amount.  Our maximum liability to you for any breach of these User Terms is EUR 100.00. The foregoing exclusions of liability do not apply to the extent prohibited by applicable law and do not limit either party's right to seek and obtain equitable relief.

§ 4.5 Application of consumer law. The greenpass Services are a tool intended for businesses and organizations, not for consumer use. To the extent permitted by law, you hereby acknowledge and agree that consumer law does not apply. However, if it cannot be legally excluded, nothing in these User Terms shall exclude or limit any statutory warranties, guarantees, rights, or remedies you may have, and our liability shall be limited, at our option, to replacing, repairing, or re-supplying the greenpass Services or pro rata refunding to the Customer any prepaid fees for your access to the Workspace in your role as an Authorized User for the remainder of any paid Subscription Term.

§ 5.1  Please read our Privacy Policy for more information about how we collect and use data about the use and performance of our products.

§ 6.1  Waiver. No failure or delay by either party in exercising any right under these User Terms, including the User Code, will constitute a waiver of that right. A waiver under these User Terms will be effective only if made in writing and signed by an authorized representative of the party deemed to have granted the waiver.

§ 6.2  No legal services.  Neither the provision of the greenpass services nor the creation of the User Terms and any related instructions constitute legal advice or legal services.

§ 6.3  Governing law; jurisdiction; fees.

(a) The User Terms, including the User Code, and any disputes arising from them shall be governed by the same law and jurisdiction as the contract, excluding the provisions of private international law and its conflict of law rules, as well as the UN Convention on Contracts for the International Sale of Goods.

(b)  Each party hereby consents to and submits to the exclusive jurisdiction of the courts agreed upon. In any action or proceeding to enforce any rights under these User Terms, the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees.

§ 6.4  Transfer of rights and obligations.

(a) You may not transfer or sublicense your rights under these User Terms, including the User Code, or delegate your obligations to any other person without our prior written consent.

(b) We may transfer our obligations and rights under these User Terms, in whole or in part, to any person without your consent, including any terms incorporated herein by reference, including to an affiliate or in connection with a corporate reorganization, acquisition, merger, or sale of all or substantially all of our assets. We may also delegate any of our obligations under these User Terms.

§ 6.5  Severability clause.  The provisions of the Agreement are severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of the Agreement. Should any provision of the Agreement, or its application to any person or circumstance, be invalid or unenforceable,

(a) to the extent that it is valid or enforceable, it shall be replaced with a reasonable and equitable provision that achieves, as nearly as possible, the intent and purpose of the invalid or unenforceable provision; and

§ 6.6  Continued validity after contract end.  The provisions contained herein, which by their nature must continue to apply after the end of the contract in order to carry out the intention of the contracting parties, shall also apply after expiration of the term, termination or otherwise for a period of time that is reasonable under the circumstances.

§ 6.7  Headings.  The section headings are for convenience only and do not limit or affect the meaning of the provisions.

§ 6.8  Gender-fair language. For reasons of readability, the masculine form is used for personal names, but the feminine form is always also meant.

§ 7.1  The services are provided by greenpass GmbH, Leopold-Ungar-Platz 2/4/423, 1190 Vienna, Austria.

§ 7.2  If you have any questions, you can contact us using the contact details provided in the imprint on our website.