General Terms and Conditions of Cinework Software GmbH for the use of crewser (B2B)

1. Scope

1.1. These General Terms and Conditions apply to all agreements concluded between Cinework Software GmbH ("Provider") and entrepreneurs ("Customer") regarding the use of the crewser software.

1.2. crewser is offered as software as a service (SaaS) and is a cloud-based software solution for workforce management and time tracking, specifically for film and media projects. Use of the software is subject to these Terms and Conditions and to any separately agreed service level agreements (SLAs).

1.3. Deviating terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to them in writing.

2. Contract conclusion and e-commerce

2.1. The contract is concluded via the Provider’s online offer or in any legally permissible form.

2.2. In the case of online conclusion, premium access is activated immediately. Payment processing is handled via Stripe, Inc., a third-party provider for online payments. Stripe’s terms and privacy rules also apply. The Customer receives a Stripe payment link by email, which must be paid within 7 days.

2.3. In the case of written conclusion, activation of premium functionality may take up to 5 business days because the process is handled manually. Payment by bank transfer is also possible on request. In that case, activation takes place only after receipt of payment.

2.4. If a payment fails or is not made within 7 days, the Provider reserves the right to block premium access until the outstanding amount has been settled.

2.5. In the event of an upgrade to a paid version (for example from free to premium), a 14-day refund period applies. Cancellation must be made by email and results in reimbursement of the fees paid. After 14 days, refunds are excluded.

3. Services and use

3.1. The Provider offers crewser in different service packages: Free version: enables use of all functions up to a certain number of crew members (employees). Once that limit is reached, adding further crew members is blocked. Project license: entitles the Customer to use all premium features for a specific project and a defined term. The license ends automatically but can be extended. Cancellation before expiry is not possible. Enterprise flat-rate: allows the creation of an unlimited number of premium projects. The subscription renews automatically and can be cancelled monthly. After cancellation, all projects are downgraded to the free version.

3.2. In all of these variants, existing data and all previous evaluations and reports remain available at all times. Only the addition of new crew members may be blocked.

3.3. Access permissions: our system distinguishes between two roles with different access rights. 3.3.1 Administrators (admins) Admins have extensive rights to manage projects, users, and time-tracking data. They can: - create new projects and add crew members - view and manage working times - retrieve reports and exports Admins must always create an account in order to use the service.

3.3.2 Crew members (workers) Crew members may only enter and manage their own data and working times. They have: - no access to administrative functions or to data of other users - access via a personalized SMS link (token user) - restricted rights as a token user, with access to only one assigned project

3.3.2.1 Optional account creation: Crew members may create their own account. Once they do so, the project can only be opened via the account and no longer via the token link. An account provides additional functions, such as viewing and managing multiple projects.

3.3.2.2 Security rules for token users: - The personalized token link must not be forwarded or shared with third parties. - If the link is forwarded and used by unauthorized persons, the Provider assumes no liability. - In cases of misuse, the Provider may block access for that user. In such a case, support must be contacted.

4. Misuse and blocking of users

4.1. The Provider reserves the right to block user accounts or email addresses if misuse of the platform is detected.

4.2. Misuse exists in particular in the case of: - violations of legal provisions or of these Terms and Conditions - manipulation of the software - misuse of the platform for impermissible or harmful activities - suspicion of fraudulent conduct - inviting persons to the application without their prior explicit consent

4.3. Blocking may be temporary or permanent. The Provider is not obliged to restore access.

5. Security and data protection

5.1. The Provider ensures appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or manipulation.

5.2. The Provider uses the server infrastructure of Hetzner Online GmbH as its hosting partner. The servers are located within the EU and are subject to the applicable data protection rules. Hetzner’s terms and conditions also apply.

5.3. Data transmission is encrypted in line with the current state of the art.

5.4. Responsibility for data retention Responsibility for the retention and deletion of personal data lies exclusively with the Customer. If statutory retention obligations exist, the Customer is responsible for complying with them.

5.5. The Provider may use anonymized or aggregated data for software improvements or statistical purposes, provided that no conclusions can be drawn about individual persons.

6. Custom software development

6.1. The Customer may commission the development of individual additional features. These features are invoiced separately and are not part of the regular SaaS services.

6.2. The Provider reserves the right to integrate individually developed features into the standard software. Unless agreed otherwise, the rights to individually developed features remain with the Provider. The Customer receives a non-exclusive right to use the commissioned feature. The Provider may further develop or modify the feature for other customers.

6.3. After acceptance by the Customer, adjustments or bug fixes are only possible under a separate support or maintenance agreement. If no such agreement exists, required adjustments or bug fixes are billed according to actual effort at the customary market hourly rate.

6.4. The Customer shall provide all information, data, and, where applicable, access credentials required for developing the individual feature. Delays caused by missing or incomplete information from the Customer are not at the Provider’s expense.

7. Disruptions and maintenance

7.1. The Provider shall ensure that crewser functions without errors within the limits of technical feasibility. In the event of disruptions or technical problems, the Provider undertakes to remedy them as quickly as possible. However, there is no claim to a specific response time.

7.2. Maintenance work that results in a longer unavailability of the software will be announced at least 48 hours in advance. The Provider will make reasonable efforts to schedule maintenance outside peak usage hours.

8. Limitation of liability

8.1. The Provider shall not be liable for indirect damage, loss of profit, or data loss arising from the use or unavailability of the software.

8.2. The Customer is responsible for safeguarding its own data and should create regular backups. If the Customer breaches these Terms and Conditions or misuses crewser, the Provider assumes no liability for resulting damage.

8.3. The Provider ensures that time-tracking data entered by users (for example start time, end time, break times, or comments) are stored and displayed correctly. However, the Provider assumes no liability for any calculations based on these data, in particular with regard to overtime, night surcharges, allowances, or other payroll-relevant factors. Since legal and collectively agreed requirements, in particular collective bargaining agreements, are regularly adjusted and may vary depending on industry, region, or individual agreements, it is the Customer’s responsibility to ensure the correct calculation and application of these rules. The Provider does not guarantee the correctness or timeliness of such calculations and shall not be liable for resulting deviations, back payments, or other claims.

9. Right to amend

The Provider reserves the right to amend or supplement these Terms and Conditions at any time if required for legal, economic, or technical reasons. Changes will be communicated to the Customer in text form (for example by email or via the platform) with reasonable notice before they take effect. If the Customer does not object within 30 days after receipt of the notice, the change is deemed accepted. The Provider will separately inform the Customer in the notice about the right to object and the consequences of failing to object.

10. Final provisions

10.1. If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions remains unaffected.

10.2. This contract is governed exclusively by Austrian law.

10.3. The place of performance and jurisdiction is the registered office of Cinework Software GmbH.