Kindly be aware that our General Terms and Conditions are currently exclusively offered in German. As a result, the General Terms and Conditions (GTC) are provided solely in German.
Only the German version of the GTC shall apply. The present version available in English is a translation of the GTC but is subordinate to the German version.
Basteon is a brand of QATANA Technologies GmbH (hereinafter referred to as “QATANA”), registered number 574986, Commercial Court Vienna, Hofzeile 10-12/10/9, 1190 Vienna. QATANA Technologies GmbH develops, distributes, and manages software in the field of cyber and information security.
Basteon, as a product of QATANA, is software developed by QATANA in the field of cyber and information security and documentation.
The General Terms and Conditions (GTC) govern the rights and obligations between Basteon and the customers of Basteon. Customers of Basteon are those companies that have agreed to the General Terms and Conditions and have fulfilled the contractual provisions.
2.1 The General Terms and Conditions (GTC) govern the business relationships between Basteon and its customers, whether on a paid or unpaid basis, such as during trial periods, or as otherwise agreed in writing. The services provided by Basteon are based exclusively on these GTC. The use of any services by Basteon's customers implies that these GTC apply to such business relationships.
2.2 The version of the GTC in effect at the time of the conclusion of the contract shall be applicable. Basteon's customers will be informed of any changes or additions to the GTC. Changes to the GTC will be communicated to the customer and will be considered agreed upon if the customer does not object to the changed GTC in writing within 14 days. The significance of the customer's silence will be explicitly pointed out in the notification.
2.3 Any contractual provisions individually agreed upon with the customer in written form shall take precedence over these GTC.
2.4 Should the customer have their own GTC, by using the services of Basteon, the customer confirms that only the current GTC of Basteon apply to the contractual relationship between Basteon and the customer. The customer's GTC shall only apply if Basteon explicitly confirms this in writing; otherwise, Basteon hereby expressly objects to the customer's GTC.
3.1 Basteon provides the customer with a system consisting of several modules for the exchange and management of security-relevant information or security programs for the purposes of risk management and compliance with requirements, enabling secure exchanges with third parties, as well as simplifying distribution processes through automation.
3.2 Basteon reserves the right to further develop, expand, and modify the software and all specifications of the software at any time, by using newer or different technologies, systems, procedures, or standards. The customer benefits from the ongoing development of the software and, in return, acknowledges that temporary maintenance times may occur during updates and upgrades. In the event of significant changes in performance, Basteon will inform the customer in advance. If the changes in performance cause unreasonable disadvantages for the customer, the customer is entitled to terminate the contract extraordinarily within 14 days of receiving notification of the changes, effective on the date the changes are implemented.
3.3 Basteon is not liable for any potential loss of income that may arise due to maintenance times during developments or changes as described in 3.2.
3.4 Basteon is only responsible for the services provided and developed by Basteon itself. No claims against Basteon arise from the customer due to any malfunctions of the software that are attributable to interventions by the customer or third parties involved.
3.5 The place of performance of services by Basteon is at the router exit to the internet of the server center used by Basteon. The customer's end devices and internet connection are not part of Basteon's service scope.
3.6 Basteon ensures appropriate protection of the customer's data and information shared or stored via the Basteon software. If necessary, restoration of project data is provided free of charge, provided that the data loss is not attributable to the customer or its users. If the customer or their users are responsible for the data loss, the customer bears the costs associated with data restoration according to the current price list.
4.1 The customer is responsible for ensuring that they have an internet connection and suitable software and hardware equipment. The operation and maintenance of these technical requirements are solely the responsibility of the customer. The customer must maintain the necessary IT infrastructure for using the software at their own expense and risk. The customer is responsible for fulfilling the system requirements.
4.2 The customer commits to using the software only in accordance with these General Terms and Conditions (GTC) and any individual agreements and to ensure that all its users (employees or other third parties attributable to them) comply with the relevant regulations. The customer is liable to Basteon for all damages resulting from the breach of the duties of the customer or their users, especially in the case of unlawful use of the software.
4.3 The customer commits to using the software only for its intended purpose and not to misuse it, especially not for the storage or distribution of illegal content.
4.4 The customer commits not to use any technical facilities, software systems, or other data that could impair the software or the systems of Basteon.
4.5 The customer must keep their access data to the software secure and not accessible to third parties. The customer will ensure that mobile devices and other hardware, with or without internet access, are adequately protected.
4.6 Basteon may block the customer's access to the software in case of a breach of these GTC or any individual agreements, especially in the case of the customer's payment default. This does not affect the customer's obligation to continue to pay the agreed usage fee. Furthermore, the customer is liable to reimburse Basteon for any costs incurred in connection with such a block.
4.7 The customer agrees that Basteon may use the customer's company logo for its marketing purposes for the duration of the contract, especially the customer agrees to being named as a reference customer on the Basteon website.
4.8 The customer is responsible for the final review and verification of any results generated by AI or produced by automated processes utilizing algorithms, as well as ensuring their lawful and appropriate use.
5.1 All rights to the software and the respective submodules are owned by Basteon. The customer is granted only a non-exclusive, non-transferable, and non-sublicensable right to use the software within the agreed scope and as part of the agreed subscription package for the duration of the contract.
5.2 No additional rights to the software are transferred to the customer. In particular, the customer does not acquire any rights to the software, including no copyright, trademark, or other intellectual property rights.
5.3 The customer may upgrade to a different subscription package at any time, which will be pro-rated for the remaining contract duration and invoiced according to the current price list. If activated during a month, the days until the beginning of the next month will be calculated on a pro-rata basis.
5.4 The customer is not entitled to reverse engineer, decompose, or disassemble the software.
5.5 If the limits included in the packages are exceeded, an adjustment of the subscription package will be made in consultation with the customer.
5.6 Points 5.1 and 5.2 apply correspondingly to all documents provided to the customer by Basteon, especially the documentation for the software.
6.1 The customer acknowledges that the services are created to meet the requirements and needs of the general public. Basteon does not guarantee or assume liability for the accuracy, timeliness, error-free nature, or completeness of the services offered, nor for their specific usability in every system environment.
6.2 The customer acknowledges that the services offered by Basteon may also involve third-party network operators. Therefore, the availability of the services depends on the technical provision of external services, over which Basteon has no control. Basteon is not liable to the customer for any interruptions, disturbances, or transmission errors in connection with the transmission of content or documents.
7.1 Basteon will endeavor, within economically reasonable limits, to enable as uninterrupted a use of the software as possible and to fix software errors that restrict the use of the software.
7.2 Basteon provides no warranty or liability for the continuous availability of the software or for the software being free from errors. The customer explicitly acknowledges that, according to the current state of technology, it is not possible to completely eliminate errors in the software. Connection errors or required maintenance work by Basteon can also lead to temporary functional disturbances. Where warranty cannot be effectively excluded in individual cases, improvement takes precedence over price reduction or conversion.
7.3 Basteon is not liable for any direct or indirect damages caused by functional disturbances to the customer or third parties, or for damages to the customer's end devices. Compensation for consequential damages, such as loss of earnings or lost profit, as well as liability for customer damages due to project delays, is excluded, as is Basteon's liability for unachieved savings and damages from third-party claims.
7.4 Basteon assumes no liability for damage to the customer caused by incorrect or improper operation of the software by the customer or problems or complications arising from misuse of the software, such as through incorrect selection of access authorization or access level.
7.5 Basteon is liable only in cases of proven intent and gross negligence. Moreover, liability for each damaging event, even in the case of multiple injured parties, is limited to a total of EUR 5,000. If the total damage is higher, the compensation claims of the individual injured parties are therefore reduced proportionally.
7.6 Basteon cannot exclude the possibility of data loss or impairments, particularly due to disruptions in the customer's internet connection during synchronization processes. Basteon assumes no liability for this.
7.7 Basteon is not liable for damages and defects that are due to improper operation, changed operating system components, interfaces, and parameters, changes to the necessary system settings, or simple application errors attributable to or caused by the customer. Basteon is also not liable for disturbances in public communication networks or for non-compliance with system requirements by the customer.
7.8 The customer will promptly inform Basteon of any functional disturbances, if possible, with a comprehensible error description, so that a solution can be carried out as soon as possible. The customer will assist Basteon in remedying functional disturbances free of charge. The rectification of functional disturbances by Basteon presupposes that the customer has fully met his payment obligations.
7.9 The software was not developed and is not intended for use in applications requiring fail-safe performance, or where software failure could directly result in death, injury, serious material damage, or environmental damage.
7.10 As long as obligations cannot be fulfilled on time or properly due to force majeure, such as war, terrorism, natural disasters, fire, strikes, lockouts, embargoes, sovereign interventions, epidemics or pandemics, power supply failures, failure of transportation, failure of telecommunication networks or data lines, changes in law affecting the software after contract conclusion, or other non-availability of the software, this does not constitute a breach of contract and does not give rise to any claims against Basteon by the customer.
7.11 Basteon assumes no liability for the accuracy, completeness, or error-free nature of any texts generated through the use of artificial intelligence. The customer acknowledges that AI technology is inherently not free from errors or limitations, and that the generated results serve as a form of assistance rather than a sole basis for decision-making. Liability for damages arising from the use of faulty or misleading AI-generated results is excluded unless such damages are caused by willful misconduct or gross negligence on the part of Basteon.
8.1 As a user of the software, the customer is the data controller, while Basteon acts only as a data processor.
8.2 As the data controller, the customer is responsible for complying with the provisions of the General Data Protection Regulation (GDPR) and the Data Protection Act (DSG). To the extent that the customer processes personal data in the course of using the software (e.g., entering, processing, storing, or transmitting personal data to Basteon), the customer ensures that they are authorized to do so under the applicable data protection regulations.
9.1 The customer and Basteon mutually agree to treat all business and trade secrets obtained in connection with this contract and its execution as confidential and not to disclose them to third parties, as long as they are not generally known, or were already known to the recipient without an obligation of confidentiality, or were communicated or provided to the recipient by a third party without a confidentiality obligation, or have been independently developed by the recipient, or must be disclosed due to a legally binding administrative or judicial decision. This obligation continues indefinitely beyond the end of the contractual relationship.
9.2 Subcontractors involved by Basteon in the fulfillment of the contract are not considered third parties, as long as they are subject to a confidentiality obligation corresponding to this clause.
10.1 The minimum contract duration is determined in the respective individual agreement with the customer.
10.2 Unless an explicit duration of use is agreed upon, the contract is concluded for the duration of the respective chosen subscription plan.
10.3 After the expiration of the minimum contract duration, the contract automatically extends for another year unless one of the parties terminates the contract by observing a one-month notice period at the end of the respective (minimum) contract duration. The deletion of the account by the customer is also considered a termination, whereby the deletion must also occur at the latest one month before the expiry of the respective (minimum) contract duration.
10.4 Termination is carried out in writing or via the Basteon platform, by an administrator appointed and authorized by the customer.
10.5 In case of termination before the end of the contract term, there will be no credit for the remaining contract term.
10.6 The right to extraordinary termination remains unaffected. Extraordinary termination by Basteon with immediate effect is particularly possible under the following conditions:.
10.6.1 The customer makes incomplete or incorrect statements or fails to provide required evidence.
10.6.2 The customer is in payment arrears to the extent of 30 days. A grace period is not required.
10.6.3 There is a justified suspicion that the software is being used improperly.
11.1 The customer shall immediately inform Basteon of any changes in their address. Should the customer fail to do so, declarations from Basteon are considered delivered if sent to the last known communication details.
11.2 The customer accepts that Basteon can send legally significant statements to the customer via email or other electronic media, this also applies to invoices, which may be electronically signed to comply with the provisions of the VAT law. Statements are considered received as soon as the customer can retrieve or take notice of them under normal circumstances.
12.1 All invoiced amounts are understood to be exclusive of the current applicable value-added tax (VAT) and other levies unless otherwise specified.
12.2 Usage fees are generally invoiced in advance for one contract year. Invoices are issued immediately after acceptance of the offer, expiration of a contract year, or extension of the contract duration and digitally transmitted to an email address defined by the customer in PDF format. Invoices are payable and due within 14 calendar days from the invoice date without deduction.
12.3 For orders or upgrades via Basteon, payment demands are due according to the conditions of the payment service provider Stripe unless otherwise indicated.
12.4 The customer bears all bank charges and other expenses associated with the transfer.
12.5 For late payments, default interest at the rate of 10% p.a. of the outstanding amount will be charged to the customer, in addition to reasonable reminder fees. The customer is responsible for the necessary and appropriate costs incurred for the intervention of lawyers and debt collection agencies.
12.6 Payments from the customer are first applied to any incurred expenses or default interest, and then to the oldest debt.
12.7 Basteon is entitled to unilaterally increase the prices for the software effective from the beginning of the next contract year and will inform the customer in advance, at least one month prior.
12.8 Invoices are considered acknowledged if no written objection has been raised within three months after invoicing.
12.9 Basteon accepts all common credit cards and PayPal, as well as payments via bank transfer.
12.10 Offsetting by the customer with claims against Basteon is excluded. Likewise, the customer's right of retention is excluded.
13.1 Should one or more provisions of these General Terms and Conditions (GTC) be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that most closely matches the economic purpose of the invalid or unenforceable clause.
13.2 Any disposal by the customer of rights or obligations arising from the contract requires the prior written consent of Basteon. However, Basteon is entitled to transfer the contract in whole or in part to a third party without the consent of the customer.
13.3 Basteon is entitled to use third parties to fulfill its obligations, in whole or in part.
14.1 Exclusive Austrian law applies, even if the software is used abroad or any other connection to foreign countries is established. Excluded are the conflict-of-law rules provided in Austrian law and the UN Sales Law.
14.2 As far as permissible, the Austrian court that is locally and materially competent for Vienna 1190 is agreed upon as the jurisdiction for all disputes arising directly or indirectly from the contract.
14.3 The place of performance is also Vienna 1190.