Terms of Service

Last updated: May 31, 2025

1. Introduction

Welcome to CodeMoly Austria. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access or use our services.

2. Definitions

  • "Services" refers to the white-label IT outsourcing and software development services provided by CodeMoly Austria.
  • "Client" or "You" refers to the individual or entity using our Services.
  • "Agreement" refers to the contractual relationship between CodeMoly Austria and the Client, which includes these Terms, Privacy Policy, and any other documents referenced herein.
  • "Content" refers to all information, data, code, software, and materials provided through our Services.

3. Services

3.1 Description of Services

CodeMoly Austria provides white-label IT outsourcing and software development services to businesses in Austria and across Europe. Our services include but are not limited to web development, mobile app development, software design, QA testing, and IT consulting.

3.2 Service Availability

We strive to ensure that our services are available at all times. However, we do not guarantee uninterrupted access to our services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

4. Client Obligations

4.1 Cooperation

Clients agree to cooperate with CodeMoly Austria by providing necessary information, materials, and approvals required for the delivery of services in a timely manner.

4.2 Compliance with Laws

Clients agree to comply with all applicable laws and regulations when using our services, including but not limited to intellectual property laws, data protection laws, and export control regulations.

5. Fees and Payment

5.1 Service Fees

Fees for our services will be specified in the individual agreements with each client. Unless otherwise stated, all fees are quoted in Euros (EUR).

5.2 Payment Terms

Payment terms will be specified in the individual agreements with each client. In the absence of specific payment terms, invoices are due within 30 days of issuance.

5.3 Late Payments

Late payments may be subject to interest charges at the rate of 2% per month or the maximum rate permitted by law, whichever is lower.

6. Intellectual Property Rights

6.1 Ownership

Unless otherwise specified in the client agreement, upon full payment of applicable fees, the client will own all rights, title, and interest in the deliverables specifically created for the client during the provision of services.

6.2 Pre-existing Materials

CodeMoly Austria retains all rights, title, and interest in any pre-existing materials, tools, methodologies, and know-how used in the provision of services. The client is granted a non-exclusive, non-transferable license to use such materials as part of the deliverables.

6.3 Open Source Components

If deliverables include open source components, such components will be subject to their respective open source licenses.

7. Confidentiality

Each party agrees to maintain the confidentiality of any confidential information disclosed by the other party during the provision of services. Confidential information shall not be disclosed to any third party without prior written consent of the disclosing party, except as required by law or as necessary to perform the services.

8. Data Protection

CodeMoly Austria complies with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act. Our data protection practices are detailed in our Privacy Policy and GDPR Compliance pages.

9. Warranties and Disclaimers

9.1 Service Warranty

CodeMoly Austria warrants that services will be performed in a professional manner consistent with industry standards. Our warranty period is 30 days from the delivery of services, during which we will correct any non-conformities at no additional cost.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE TOTAL LIABILITY OF CODEMOLY AUSTRIA FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO CODEMOLY AUSTRIA UNDER THE APPLICABLE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

Either party may terminate the agreement for convenience upon thirty (30) days' written notice to the other party. Either party may terminate the agreement for cause if the other party materially breaches the agreement and fails to cure such breach within fifteen (15) days after receipt of written notice.

Upon termination, the client shall pay for all services rendered up to the date of termination.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria.

14. Amendments

We reserve the right to modify these Terms at any time. We will notify clients of significant changes by posting a notice on our website or sending an email. Continued use of our services after such modifications constitutes acceptance of the updated Terms.

15. Contact Information

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

Email: hello@codemoly.com

Address: Sonnwendgasse 30/2/11, 1100, Wien, Austria

Phone: +43 664 8758864