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General Terms and Conditions for STRYK Hotel Management.

These terms govern the business use of STRYK by hotels and other accommodation businesses, including the trial phase, user accounts, AI functions, Booking Engine, payment processing, switching providers and liability.

Version 4.8Effective from November 7, 2026Authoritative language: German

1. Scope and business status

These General Terms and Conditions (“GTC”) apply to all contracts between Nextpulse GmbH, Salzburg (“Nextpulse”), and its customers (“Customer”) for the provision of the STRYK Hotel Management software (“STRYK”), including free trial contracts.

STRYK is offered exclusively to entrepreneurs for use in their commercial or self-employed professional activity. The Customer confirms upon conclusion of the contract that it is an entrepreneur, and the person acting on its behalf confirms their authority to represent. If a Customer falsely presents itself as an entrepreneur, it must compensate Nextpulse for the resulting damage.

The Customer’s general terms and conditions of business or purchase do not become part of the contract, even if Nextpulse does not expressly object to them or provides services without reservation.

2. Definitions

  • “Customer Data” means all data that the Customer or its users enter, upload or generate in STRYK through use, including personal data of guests and employees.
  • “Users” means natural persons to whom the Customer grants access to STRYK, including employees and agents. Device accounts of the Customer, for example for the kiosk, are treated as Users.
  • “Third-party providers” means companies with which the Customer itself concludes a contract, such as payment service providers, booking platforms, cash register, locking or reporting systems. Sub-processors and other vicarious agents of Nextpulse are not third-party providers.
  • “Material contractual obligations” means obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely, in particular the provision of the core functions under the service description and the protection of Customer Data under the Data Processing Agreement.
  • “Text form” means a readable, durably storable declaration that identifies the person making it, in particular an e-mail or a notification in the product.

3. Conclusion of contract and contract components

How trial contracts and paid contracts are concluded is governed by the document “Enquiry, Offer and Contract”. Components of the contract are the offer or order summary, the Data Processing Agreement, Service & Support, these GTC and the list of sub-processors, in the order of precedence set out there.

4. Scope of services and further development

Nextpulse provides STRYK as software-as-a-service over the internet. The services owed follow from the offer or order summary, including the service description of the booked modules in the version valid at conclusion of the contract. Only generally released functions are owed; availability and support are governed by Service & Support.

Nextpulse continuously develops STRYK and may change, replace or technically re-implement functions, provided the contractually agreed benefit to the Customer is preserved. Nextpulse may remove an essential function of a booked module without replacement only for good reason, in particular if a third-party provider or sub-processor discontinues the required service, a legal requirement so requires, or platform security so demands. Nextpulse announces this at least six weeks in advance in text form, insofar as the reason permits. The Customer may then terminate the contract or the affected module with effect from the change; prepaid fees for the period thereafter are refunded pro rata. Further claims of the Customer remain unaffected.

Functions marked as preview, beta or “in development” are provided free of charge and without any commitment as to availability, completion or continuation. Nextpulse may change or discontinue them at any time. They should not serve as the sole basis for operationally necessary decisions.

STRYK supports operational processes but does not provide legal, tax, accounting or other advice. The Customer makes its business decisions itself.

5. Trial and demo access

Try free for 14 days. Unless cancelled, the subscription ordered before the trial automatically becomes paid. Cancellation during the trial ends operational access immediately.

Before operational access, the authorised owner signs the order summary in STRYK, incorporating the terms, DPA and payment authority. It states room count, prices, billing, trial end, subsequent payment obligation, term and cancellation notice. The contract is concluded when storage of that order is confirmed. The free trial starts only after contract conclusion and verification of the payment method.

During the trial phase, no availability commitments and no service credits apply. Nextpulse is liable under the trial contract only under clause 22.1.

Personal data of guests, employees or other third parties may be processed in the trial access only after the Customer has accepted these GTC and the Data Processing Agreement.

After the end of a trial contract without a follow-on order, Nextpulse keeps the trial data available for 30 days for transfer into a paid contract and provides the Customer with an export upon request during that period. Thereafter, the trial data is deleted in accordance with the Data Processing Agreement. The Customer is hereby informed that the provisions of clause 19 on switching providers under Art. 31(2) of Regulation (EU) 2023/2854 (Data Act) do not apply to trial versions.

6. Paid use of STRYK

Paid use begins on the service start date stated in the offer or order summary or, failing such a statement, upon conclusion of the paid contract. From that point, the availability commitment and service credits under Service & Support apply.

Optional add-on modules become chargeable only upon express activation by the Customer. Activation in the product by an authorised user is deemed an order of the add-on module on the terms displayed before activation.

7. Right of use

For the term of the contract, Nextpulse grants the Customer the non-exclusive, non-transferable and non-sublicensable right to use STRYK, through its users, for the operations covered by the contract and for its own business purposes, in accordance with its intended use.

All rights in software, trademarks, design, documentation, templates and further developments remain with Nextpulse or its licensors. Acts mandatorily permitted by law remain unaffected.

Rights in Customer Data remain with the Customer. The Customer grants Nextpulse the rights in Customer Data and Customer content necessary for performance of the contract, in particular for storage, display and publication on the guest websites released by the Customer.

8. User accounts and terms for individual users

Users log in via the Nextpulse ID identity account. Accounts are personal; access credentials and second factors must not be disclosed. Device accounts for the kiosk may be used exclusively for guest self-service in the Customer’s operation.

Users act solely for the Customer. The Customer is responsible for ensuring that its users comply with these GTC, in particular the Acceptable Use Policy under clause 9; acts of its users are attributed to the Customer. It assigns roles on a need-to-know basis, revokes access of departing persons without delay and reports suspected misuse immediately.

Users acquire no claims of their own against Nextpulse under the contract; mandatory statutory claims remain unaffected. For data of the identity account, Nextpulse’s Privacy Policy applies; for data processed in the Customer’s operation, the Customer is responsible.

Where Nextpulse provides mobile apps or desktop applications, these GTC also apply to their use. The right of use covers installation on users’ end devices for the Customer’s purposes. Nextpulse may require the installation of updates where this is necessary for security or compatibility reasons. Operators of app stores are not contracting parties, owe no maintenance or support and are not liable for the app; their terms of use apply additionally.

9. Acceptable Use Policy

The Customer and its users may use STRYK only lawfully and in accordance with its intended purpose. In particular, the following is prohibited:

  • storing unlawful, misleading, discriminatory or third-party-rights-infringing content, or publishing it on guest websites, including fake reviews;
  • sending advertising without the required consent, or other unwanted mass messages, via the communication functions, or misusing sender addresses;
  • storing full card numbers, verification codes, online banking access credentials or passwords in free-text, note or document fields;
  • recording special categories of personal data outside the functions provided for that purpose;
  • circumventing security mechanisms, module locks or usage and query limits, overloading STRYK through automated access, or extracting data by automated means;
  • carrying out security or penetration tests without prior release from Nextpulse in text form; vulnerabilities must be reported to Nextpulse confidentially;
  • reverse-engineering, decompiling or copying STRYK, insofar as this is not mandatorily permitted by law;
  • reselling, renting or making available access to third parties outside the operations covered by the contract;
  • using STRYK for the benefit of persons or in territories that are subject to sanctions of the European Union or Austria.

10. Customer obligations

  • keep master, price, tax, guest, employee and billing data complete, accurate and up to date.
  • ensure legal bases, information obligations and authorisations for all personal data entered.
  • train users, control roles, use current browsers and secure end devices, and activate the second factors available for user accounts.
  • check results, prices, availabilities, documents, reports and integration runs for plausibility before business-critical use.
  • report disruptions promptly and comprehensibly, and reasonably cooperate in diagnosis and remedy.
  • export the required data in good time before the end of the contract, in particular insofar as the Customer is subject to statutory retention obligations.

11. AI functions

STRYK contains functions that use artificial intelligence methods, such as reply suggestions and automated replies in guest communication, receipt recognition, analyses and indications for management, and a support assistant. As model provider, Nextpulse uses Anthropic PBC as main provider of the AI functions and OpenAI only as fallback provider if Anthropic is unreachable and for embeddings of the hotel knowledge search, in each case as a sub-processor. Details on data categories and places of processing are contained in the list of sub-processors.

Nextpulse does not use Customer Data to train AI models and engages the model provider only under conditions under which transmitted Customer Data is not used to train its models. Nextpulse stores inputs and outputs only insofar as necessary for service provision, traceability and abuse detection. The model provider may, under its terms, temporarily store transmitted content for abuse detection.

AI results may be incomplete or incorrect. They are suggestions and must be reviewed by a human before use with external effect, unless the Customer has expressly activated automated dispatch for certain types of enquiry. The Customer is responsible for content it sends, publishes or relies on in its decisions. AI functions do not provide legal or tax advice.

Within the meaning of Regulation (EU) 2024/1689 (AI Act), Nextpulse is the provider of the AI systems made available in STRYK and the Customer is their deployer. The obligation under Art. 50(1) AI Act to design AI systems that interact directly with guests or other natural persons so that those persons are informed that they are interacting with an AI system rests with Nextpulse as provider; these terms do not shift it to the Customer.

The Customer contributes to this: it uses messages sent automatically to guests without prior review by a human only with a clear indication that they were generated by an AI system. Where STRYK does not itself insert such an indication in a channel, the Customer uses the indication text provided by Nextpulse in the message template or signature. The Customer does not allow AI functions to appear under a person’s name or with a person’s image in such a way that the impression arises that a human is replying, and does not remove or conceal labels. The Customer’s own obligations as deployer under the AI Act remain unaffected.

The Customer takes measures to ensure that its users have sufficient AI literacy within the meaning of Art. 4 AI Act. Use of the AI functions to evaluate employees or applicants, for prohibited practices under Art. 5 AI Act, or to deceive persons is prohibited.

12. Booking Engine, guest website and guest interfaces

With the Booking Engine, guest website, online check-in, guest portal and kiosk, Nextpulse provides the Customer with technical tools. The seller, operator and contracting party towards guests is solely the Customer. Nextpulse does not become a party to the accommodation or other contracts between the Customer and its guests and acts towards guests as the Customer’s technical service provider.

The Customer is solely responsible for its guest interfaces and their content, in particular for business, cancellation and payment terms, price information, legal notice, privacy notices, cookie and consent information, consumer information, and the accessibility statement and its compliance with the German Accessibility Act (Barrierefreiheitsgesetz, BaFG) or comparable regulations. Templates provided by Nextpulse are non-binding samples which the Customer must check and adapt before use.

Nextpulse aligns the standard guest interfaces with the requirements of EN 301 549 or WCAG 2.1 level AA and handles reported barriers in the standard interfaces with appropriate priority. Full conformity with these standards is owed only if expressly agreed in the offer or order summary. The Customer is responsible for its own content, images, documents, texts and design adjustments.

Notices of unlawful content on guest interfaces may be submitted electronically at any time to performance@nextpulse.at; this address is also the point of contact for authorities and users within the meaning of Arts. 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act), in German and English. A notice should identify the content precisely and state why it is unlawful. Nextpulse reviews notices promptly, diligently and objectively, may block or remove the content concerned, informs the Customer and the notifying person of the decision and its reasons, and points out possible remedies.

The Customer ensures that its content is lawful and responds without delay to requests from Nextpulse regarding reported content.

13. Tax, fiscal, reporting and retention obligations

The Customer remains solely responsible for compliance with its tax, levy, reporting and corporate law obligations, in particular cash register and receipt obligations (Austrian Cash Register Security Regulation, RKSV; German Cash Register Security Ordinance, Kassensicherungsverordnung), proper bookkeeping and retention (BAO, UGB, GoBD and comparable regulations), VAT, electronic invoicing, guest register and registration obligations under the Registration Act (Meldegesetz), as well as local and tourism levies.

STRYK provides tools for this purpose. STRYK does not have a signature creation unit under the RKSV and no certified technical security facility under § 146a of the German Fiscal Code (Abgabenordnung), unless such a facility is expressly confirmed as active in the offer or order summary. Cash transactions and comparable transactions for which a cash register or recording obligation with a security facility applies are recorded by the Customer in a suitable system. A fiscal certification is owed only if expressly agreed.

Before use, the Customer checks whether the invoices, receipts, reports and exports created in STRYK meet the requirements applicable to it. During the contract term, STRYK stores the recorded data. Statutory retention after the end of the contract rests with the Customer on the basis of the exports under clause 19; the Customer checks whether these exports satisfy the retention and data access requirements applicable to it.

14. Payment processing for guests

Online payments by guests are processed via the payment service provider Mollie. The payment services agreement, including identity verification, fees and payouts, exists directly between the Customer and Mollie. Nextpulse only provides the technical connection.

Nextpulse does not receive payments from guests, does not hold guest funds and is not the payee of guest payments. The Customer settles refunds, chargebacks and disputes concerning payments with the guest and the payment service provider.

For direct bookings successfully processed via the integrated online payment, the Customer owes a STRYK platform fee of 1.9% of the payment amount processed via the integrated online payment. Nextpulse may have the platform fee withheld via the payment service provider or invoice it. The platform fee is not refunded in the event of subsequent refunds or chargebacks, unless the offer provides otherwise.

15. Third-party providers and interfaces

Where the Customer uses interfaces to third-party providers, it concludes its own contracts with them and bears their fees. Nextpulse is not responsible for the services, availability, changes or data processing of third-party providers. Nextpulse owes the agreed interface according to the technical state supported by the third-party provider in each case.

If a third-party provider changes or ends its interface, Nextpulse may adapt or discontinue the connection accordingly. Nextpulse informs the Customer about this as early as possible. If a separately remunerated service thereby lapses, the remuneration for it also lapses from that point; amounts paid in advance are refunded pro rata.

Use of STRYK’s public programming interfaces is permitted only with access credentials issued by Nextpulse and within the documented usage limits.

16. Remuneration and payment

The core price consists of a base fee of 59 € plus 6 € per room or unit and month with annual billing; every room and every unit is charged. With monthly billing, these amounts increase by 20 %. The core price includes the published STRYK core functions, an unlimited number of users, set-up, support and updates of these core functions. All amounts are net, plus statutory VAT.

Units in categories of the type apartment or holiday home cost €9 per unit and month with annual billing (€10.80 with monthly billing) instead of the room price of €6. The type of the category the unit belongs to is decisive; the invoice shows the room price for all units and the surcharge for apartments and holiday homes separately. If the type changes, the new price applies pro rata from that day.

For a hotel’s first STRYK contract, only the base fee is reduced by 20% during the first twelve paid months. The free trial does not consume this period. Rooms, add-ons, payment and third-party costs are excluded. Changing payment interval or owner does not restart the discount. Expressly agreed alternative discounts take precedence.

STRYK Guest AI: + €4.80 per room and €7.20 per apartment or holiday home per month (Monthly); + €4.00 per room and €6.00 per apartment or holiday home per month (Yearly). STRYK Pricing Intelligence: 1.9% of net room revenue. Try each module free for one calendar month. The order includes subsequent paid use. Cancellation during the trial disables the module immediately. Guest AI is billed in advance; Intelligent Pricing is billed for the previous month. After the trial, both modules can be cancelled at any time effective at month-end; the STRYK contract’s three-month notice period does not apply. Guest AI periods expressly ordered with annual billing are committed from the order until the agreed annual service period ends, irrespective of payment receipt. Cancellation at that date can be recorded at any time; ordinary cancellation does not entitle the customer to a proportional refund of annual fees. Intelligent Pricing remains cancellable monthly even with annual STRYK payment. Statutory rights concerning defects, billing errors or justified extraordinary termination remain unaffected.

The add-on modules Cash register & fiscalisation and STRYK POS become chargeable only if the customer expressly activates them. Cash register & fiscalisation is available only for hotels in Austria and Germany and automatically uses the statutory procedure of the hotel's country; on the first booking 1 month is free of charge (once per hotel), after which it costs €1.50 per room and €2.25 per apartment or holiday home per month with annual billing or €1.80 per room and €2.70 per apartment or holiday home per month with monthly billing; all cash registers of the hotel are included. It can be cancelled at the end of a month, also during the trial month, once the cash registers have been properly decommissioned. STRYK POS can be tested free of charge for 1 month and is chargeable thereafter; it costs €2.50 per room and €3.75 per apartment or holiday home per month with annual billing or €3.00 per room and €4.50 per apartment or holiday home per month with monthly billing, all connected cash registers are included, setup costs €0.00. It can be cancelled at the end of a month. Both modules are billed for the same units as the unit prices; the type of the unit's category is decisive. The prices with monthly billing already include the surcharge under paragraph 1.

Fees charged by payment and cash-register providers, distribution channels, locking systems, authorities, telecommunications providers and other third parties are not part of the STRYK fee. For direct bookings paid online, the platform fee under clause 14 applies.

The billing cut-off is the last day of the month; the invoice is issued on the first day of the following month. It combines STRYK and Guest AI in advance for the new monthly or annual service period with Intelligent Pricing and the platform levy for the closed month. Exceptionally, the first partial paid month is billed proportionally on the next regular invoice. Platform levies already withheld through Mollie are credited as payment and are not collected again. Payment is due 14 days after invoicing. Collection takes place no earlier than 14 days after invoicing and sending the pre-notification, on a TARGET business day or the next such day.

STRYK invoices in euro. For Intelligent Pricing, net room revenue in other currencies uses the last ECB reference rate published by month-end. Within each billing segment, revenue is summed by currency and divided by the published quote per euro; only the resulting euro total is rounded to euro cents. The rate and its date are stored with the bill. Later revenue corrections use the same rate. Without a suitable ECB rate, this revenue is not billed automatically until clarified.

Additional rooms or units are charged proportionally from their addition. With monthly payment, reductions take effect the following month. With annual prepayment, paid capacity remains committed until the prepaid period ends; a later reduction does not create a credit for that period. Reusing already paid capacity is not charged again. Statutory rights for defects, billing errors or justified extraordinary termination remain unaffected.

17. Value protection and price changes

The fees are value-protected. The benchmark is the Consumer Price Index 2020 published by Statistik Austria, or the index published by Statistik Austria as its successor, converted using the official chain-linking factor. The starting value is the index figure published for the month of conclusion of the contract; after each adjustment, the index figure on which the adjustment was based.

If the index has risen by more than 2% since the starting value, Nextpulse may increase the fees in the same proportion. If it has fallen by more than 2%, Nextpulse reduces the fees in the same proportion; the Customer may also request the reduction itself in text form. An adjustment takes place at most once per calendar year. It is notified to the Customer in text form at least six weeks before taking effect, stating the index values, and takes effect at the earliest from the next billing period or, for a fixed annual term, at the earliest from the next contract year. For a reduction, the six-week period does not apply.

The regular prices agreed in the offer or order summary apply; otherwise, the price list published when the contract was concluded applies. Nextpulse may grant additional discounts on individual charges. Their scope, start date and any agreed end date are confirmed to the customer in text form. A discount does not entitle the customer to further discounts or to combine them.

Nextpulse may reduce or end additional discounts without an agreed end date for future billing periods with at least 30 days’ advance notice in text form. The notice identifies the discount, the regular contract price that will then apply and the effective date. The change takes effect no earlier than the start of the next billing period not yet invoiced after that notice period expires. Discounts promised for a fixed period, the first-year discount, binding individual prices and periods already invoiced or paid remain unaffected. Existing commitments without a validly agreed right of withdrawal do not become revocable retroactively.

The agreed expiry of a fixed-term discount and withdrawal of an additional open-ended discount under this section restore the regular contract price. Other price increases, except the index adjustment above, require the customer’s consent. Nextpulse may propose them in text form at least eight weeks before the next billing period; they are excluded during a fixed contractual term. Without consent, existing charges continue. Nextpulse may terminate the contract ordinarily under section 18. Publishing a new website price list alone does not change an existing contract.

18. Term and termination

12-month contract, with cancellation notice due three months before the term ends. Without cancellation, the contract renews for 12 months. Monthly payment is the default. A switch to annual prepayment takes effect on the next billing date and starts a new 12-month term.

The right of both parties to terminate for good cause remains unaffected. Good cause for Nextpulse exists in particular if the Customer is more than 30 days in default with due fees and does not pay even after a reminder with a grace period of 14 days, or if it seriously breaches, or repeatedly breaches despite a warning, the Acceptable Use Policy.

Terminations require text form or are made through a function provided for this purpose in the product.

19. Switching providers, data export and deletion

The Customer may at any time request in text form to switch to another provider or to its own infrastructure, or to transfer its exportable data and demand its deletion (switching request). The transition period begins on the date named by the Customer, at the latest two months after receipt of the switching request. It lasts 30 calendar days; during this time STRYK remains usable to the agreed extent and Nextpulse supports the switch appropriately. If the transition period cannot be met for technical reasons, Nextpulse notifies this within 14 working days of receipt of the switching request, gives reasons and proposes an alternative period of no more than seven months. The Customer may extend the transition period once by a period it considers appropriate.

After the end of the transition period or any other termination of the contract, Nextpulse keeps the Customer Data available for retrieval during a retrieval period of 30 calendar days, without any charges. Retrieval takes place via STRYK’s export functions, insofar as access still exists, and otherwise by an export that Nextpulse provides on the Customer’s request. After expiry of the retrieval period, Nextpulse deletes the Customer Data in accordance with the Data Processing Agreement and confirms the deletion in text form upon request.

In the case of a switching request, the contract ends upon successful completion of the switch, of which Nextpulse informs the Customer, at the latest at the end of the transition period. If the contract ends for another reason, the retrieval period applies following the end of the contract.

Exportable data includes in particular master data of the business, rooms and categories, rate and price data, guest profiles, reservations and booking history, invoices, payment and financial postings, guest register and registration data, documents and uploaded files, communication histories, content of the guest website and the associated metadata, in each case in structured, commonly used and machine-readable formats such as CSV, XLSX, JSON or PDF. Where no export function for one of these categories is available in the product, Nextpulse provides the export on request. Not covered are software, source code, templates and other trade secrets and protective rights of Nextpulse or its licensors.

Nextpulse charges no switching or data extraction fees for the switch and the exports under this clause. Additional, separately commissioned services, such as preparing data for a specific target system, are remunerated only by prior agreement, and then at most at the costs Nextpulse directly incurs for them.

If the Customer requests the switch before the end of a fixed term, it owes the agreed fees for the period until its end, less the expenses Nextpulse thereby saves. This fee for early termination is not a switching or data extraction fee.

20. Temporary suspension

Nextpulse may temporarily block access to the extent necessary if there is a concrete threat to the security of the platform, Customer Data or other customers, if there is a justified suspicion of unauthorised access, or if a serious breach of the Acceptable Use Policy requires the block. Nextpulse informs the Customer without delay, where possible in advance, and lifts the block as soon as its reason ceases.

For late payment, Nextpulse may restrict operational access no earlier than 30 days after the due date, provided a reminder with at least 14 days to pay and a warning of restriction has remained unsuccessful. Contract documents, invoices and data export remain accessible. The restriction is removed once arrears are settled.

If the Customer is responsible for the block, it remains obliged to pay the fees.

21. Warranty

Nextpulse provides STRYK during the contract term in a condition suitable for contractual use. Insignificant deviations do not constitute a defect.

The Customer reports defects without undue delay after discovery, with a comprehensible description. Nextpulse remedies defects within a reasonable period by fixing errors, updating, or providing an equivalent workaround.

For the duration of a material defect, the Customer may demand an appropriate reduction of the fees; service credits are credited against it. If defect remedy fails despite a reasonable grace period, the Customer may terminate the contract for good cause. Strict liability for defects already existing at conclusion of the contract is excluded.

No defect exists insofar as impairments are based on systems or instructions of the Customer, unsupported configurations, third-party providers within the meaning of clause 2, or use contrary to documentation and contract. This clause does not apply to free trial contracts and beta functions; there, Nextpulse is liable only under clause 22.1.

22. Liability

22.1 Nextpulse is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, for fraudulent conduct, from expressly assumed guarantees, under the Product Liability Act (Produkthaftungsgesetz) and comparable product liability provisions, and in all other cases of mandatory unlimited statutory liability.

22.2 In case of slight negligence, Nextpulse is liable only for breach of material contractual obligations. In that case, liability is limited to the typical damage foreseeable at conclusion of the contract and, for all damage events in one contract year in aggregate, to the higher of the following amounts: the sum of the net fees paid by the Customer in the twelve months before the damaging event, or €25,000. Indirect and consequential damage, in particular lost profit and lost bookings, is recoverable only insofar as it was typically foreseeable as a possible consequence of the breach of duty. Otherwise, liability for slight negligence is excluded.

22.3 If Nextpulse has properly made the data backups under Service & Support, Nextpulse is liable for loss of data outside the cases of clause 22.1 only to the extent of the effort required to restore it from these backups. Otherwise, clause 22.2 applies.

22.4 Under a free trial contract and for beta functions, Nextpulse is liable only under clause 22.1.

22.5 The limitations of liability also apply in favour of the organs, employees and vicarious agents of Nextpulse. Nextpulse is liable for vicarious agents in accordance with statutory provisions and to the extent of this clause. Nextpulse is not liable for third-party providers within the meaning of clause 2.

22.6 Claims for damages due to a slightly negligent breach of duty become time-barred one year from the point at which the Customer becomes aware of the damage and of the person liable, and at the latest three years after the damaging event. For claims under clause 22.1, the statutory periods apply.

22.7 Liability towards data subjects under the General Data Protection Regulation remains unaffected. As between the parties, compensation under Art. 82(5) GDPR follows the proportion of responsibility; for slight negligence, the limitations of this clause apply to it.

23. Third-party claims

The Customer indemnifies Nextpulse against justified third-party claims and reasonable costs of legal defence that arise because Customer Data, content on guest interfaces, messages sent, or the Customer’s or its users’ use of STRYK culpably infringe third-party rights or statutory provisions.

If a third party asserts that use of STRYK in accordance with the contract infringes its protective rights, Nextpulse defends the claim at its own cost and indemnifies the Customer against claims established or settled with Nextpulse’s consent. Nextpulse may modify or replace STRYK so that no infringement exists, or procure a right of use; if this is not reasonable, either party may terminate the affected part of the contract, and Nextpulse refunds prepaid fees pro rata. This does not apply insofar as the infringement is based on Customer Data, Customer specifications or use not in accordance with the contract.

The indemnified party informs the other party without delay, leaves the defence to it insofar as reasonable, and makes no admission without its consent.

24. Confidentiality

The parties treat all non-public information of the other party that is designated as confidential or is recognisably confidential as confidential and use it only for performance of the contract. This obligation applies during the contract term and for five years thereafter, and indefinitely for trade secrets.

Excluded is information that is public, was already lawfully known to the receiving party, was lawfully obtained from third parties, or was developed independently. Statutory or official disclosure obligations remain unaffected; where permitted, the other party is informed in advance.

25. Data protection and use of data

For personal data that Nextpulse processes on behalf of the Customer, the Data Processing Agreement applies. Nextpulse’s own processing is described in the Privacy Policy.

Nextpulse may use technical usage and operating data, as well as data derived from Customer Data, in anonymised and aggregated form that permits no inference to natural persons or to the individual customer, to ensure operations, for security and to improve STRYK.

26. Reference to the customer

Nextpulse names the Customer, its business or its brands as a reference only with the Customer’s prior consent in text form. The consent may be withdrawn with effect for the future.

27. Force majeure

Neither party is liable for failure or delay in performing obligations to the extent based on events beyond its reasonable control, in particular natural events, war, pandemics, official measures, large-scale outages of energy or telecommunications networks, and industrial action by third parties. Attacks on IT systems count as force majeure only insofar as they could not be averted under the state of the art despite compliance with the agreed technical and organisational measures.

The affected party informs the other party without delay and limits the effects insofar as reasonable. If such an event lasts longer than 30 days, either party may terminate the contract; prepaid fees for the period thereafter are refunded.

28. Changes to these GTC

Nextpulse may change these GTC with effect for the future where this is necessary due to a change in the law or case law, for reasons of security, because of new functions, or to close a gap in the provisions arising after conclusion of the contract, and provided the Customer is not unreasonably disadvantaged thereby.

The scope of services of the booked core functions, fees, term and notice periods, and other material principal performance obligations are not changed in this way, but only with the Customer’s express consent. For value protection and price changes, clause 17 exclusively applies.

Nextpulse notifies changes in text form at least six weeks before they take effect and presents the changes clearly. The Customer may object to the changes until they take effect, or terminate the contract free of charge at the time they take effect. If it neither objects nor terminates, the changes are deemed accepted; Nextpulse expressly points out this consequence, the right to object and the right to terminate in the notice.

If the Customer objects, the contract continues on the previous terms. Nextpulse’s right of ordinary termination under clause 18 remains unaffected.

29. Assignment, set-off and right of retention

Rights and obligations under the contract may be assigned only with the prior consent of the other party in text form. Nextpulse may transfer the contract to an affiliated company or to a successor of the STRYK business operation, provided the legitimate interests of the Customer are not impaired; in that case, the Customer may terminate at the time of transfer. Nextpulse may assign payment claims.

The Customer may set off only undisputed claims, claims finally determined by a court, claims that are ready for decision, or counterclaims arising from the same contractual relationship. A right of retention is available to it only in respect of claims arising from the same contractual relationship.

30. Form, notices and entire agreement

Declarations under this contract require text form unless expressly provided otherwise. Notices from Nextpulse may be sent to the e-mail address stored by the Customer or via a notification function in the product. The Customer keeps its contact details up to date.

The contract consists of the documents named in clause 3. No oral side agreements exist. Individually agreed deviations take precedence over these GTC. The order of precedence of the contract documents follows from the document “Enquiry, Offer and Contract”.

31. Governing law and jurisdiction

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the law at the Customer’s seat remain applicable only to the extent that their application is mandatorily prescribed by law despite this choice of law.

The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court with subject-matter jurisdiction for Salzburg city (Salzburg-Stadt). Nextpulse is entitled to sue the Customer also at its general place of jurisdiction. Statutory mandatory places of jurisdiction remain unaffected.

32. Contract language

The contract language is German. Translations of these GTC and the other contract documents are provided for information only. In case of discrepancies, only the German version is authoritative.

33. Severability

Should any provision of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid or unenforceable provision.

Where the invalidity concerns an individually negotiated agreement, the parties shall replace the invalid provision in good faith with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

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