General Terms of Service

1. About Us

Data Duke Project Consulting e.U.
Lehenstr. 12/2/3 OG, 1220 Vienna, Austria
UID: ATU77808106
Email: web@dataduke.net
Website: https://dataduke.net

Data Duke Project Consulting e.U. ("Data Duke", "we", "us", or "our") is an Austrian sole proprietorship (Einzelunternehmen) registered in Vienna, Austria, providing software products and consulting services to business customers.

2. Scope and Acceptance

2.1 What These Terms Cover

These General Terms of Service ("General Terms") govern:

• Your access to and use of the Data Duke website at https://dataduke.net and any subdomains
• Your use of any Data Duke product or service, unless a separate product-specific agreement supersedes them

2.2 Product-Specific Terms

In addition to these General Terms, use of specific products and services is governed by the applicable supplement:

In the event of a conflict between these General Terms and a product-specific supplement, the supplement prevails with respect to that product or service.

2.3 Acceptance

By accessing our website or using any of our products or services, you confirm that:

• You have read and agree to these General Terms and the applicable product-specific supplement
• You are acting on behalf of a business entity and have authority to bind that entity
• You are at least 18 years of age

If you do not agree, you must stop using our website and services immediately.

2.4 B2B Only

Our products and services are directed exclusively at business customers (Unternehmer im Sinne des § 1 UGB). We do not contract with consumers (Verbraucher im Sinne des KSchG). Consumer protection provisions of Austrian law that apply only to consumers do not apply to our agreements.

3. Our Products and Services

3.1 PulseCheck

PulseCheck is a software-as-a-service (SaaS) platform for agile transformation, team performance monitoring, process compliance auditing, and AI-driven development insights. It is available as a free Beta Program (full terms at /legal/beta-terms) or as a paid subscription (full terms at /legal/pulsecheck-terms), depending on your plan.

3.2 Atmen Consulting

Atmen is a professional consulting service focused on agile transformation, team performance improvement, and organizational development. It is offered as project-based, monthly retainer, or time-and-material engagements, including optional proof-of-value workshops. Full terms at /legal/atmen-terms.

3.3 Service Changes

Data Duke reserves the right to modify, suspend, or discontinue any product or service at any time with reasonable prior notice where possible. We are not liable for any modification, suspension, or discontinuation of services.

4. Accounts and Access

4.1 Account Registration

Some services require you to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Keep your account credentials confidential
• Notify us immediately of any unauthorized use at support@dataduke.net
• Be responsible for all activity under your account

4.2 Authorized Use

You may only use our services for lawful business purposes in accordance with these General Terms and all applicable laws. You must not use our services to infringe any third-party rights, transmit harmful or illegal content, or attempt to gain unauthorized access to our systems.

4.3 Suspension

Data Duke reserves the right to suspend or terminate access to any service if you violate these General Terms, the applicable product-specific supplement, or any applicable law.

5. Fees and Payment

5.1 Pricing

Fees for each product or service are set out in the applicable product-specific supplement or in a separately executed statement of work (SOW) or order form. All prices are quoted in Euros (EUR) and are exclusive of VAT unless stated otherwise.

5.2 VAT

As an Austrian business (UID: ATU77808106), Data Duke charges Austrian VAT (currently 20%) on applicable supplies. B2B customers within the EU may provide their VAT number for reverse charge treatment where applicable.

5.3 Payment Terms

Unless otherwise agreed in writing:

• Invoices are due within 30 days of the invoice date
• Late payments accrue interest at the statutory rate under Austrian law (§ 456 UGB: 9.2% p.a. above the base rate)
• Data Duke reserves the right to suspend services for overdue invoices after written notice

5.4 Disputes

Payment disputes must be raised within 30 days of receipt of invoice. Undisputed portions of invoices remain due and payable on the original due date.

6. Intellectual Property

6.1 Data Duke's IP

All intellectual property in our products, services, website, software, documentation, methodologies, templates, tools, and materials ("Data Duke IP") remains the exclusive property of Data Duke and its licensors. Nothing in these General Terms grants you any ownership rights in Data Duke IP.

6.2 Limited License

Data Duke grants you a limited, non-exclusive, non-transferable, revocable license to use Data Duke IP solely as necessary to receive and use the applicable product or service. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works from Data Duke IP without prior written consent.

6.3 Your Content and Data

You retain all ownership rights to content, data, and materials you provide to us. By providing such content, you grant Data Duke a limited license to use it solely for the purpose of delivering the relevant service. See our Privacy Policy and DPA for details on personal data.

6.4 Feedback

Any feedback, suggestions, or ideas you provide regarding our products or services may be used by Data Duke without restriction, attribution, or compensation.

7. Confidentiality

7.1 Mutual Obligations

Both parties agree to keep confidential all non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information").

7.2 Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available without breach of this clause
• Was already known to the receiving party prior to disclosure

7.3 Product-Specific NDA

Use of PulseCheck Beta is additionally governed by the Beta Non-Disclosure Agreement (NDA) at /legal/nda. Project-based consulting engagements may be subject to a separately executed NDA.

8. Data Protection

8.1 Privacy Policy

Data Duke's collection and use of personal data in connection with our website and services is governed by our Privacy Policy at /privacy.

8.2 Data Processing Agreement

Where Data Duke processes personal data on your behalf as a Data Processor (e.g., in PulseCheck), processing is governed by our Data Processing Agreement (DPA) at /legal/dpa.

8.3 GDPR Compliance

Data Duke complies with the General Data Protection Regulation (EU) 2016/679 and the Austrian Data Protection Act (DSG). Our primary data storage location is the European Union (Frankfurt, Germany).

9. Warranties and Disclaimers

9.1 No Implied Warranties

To the maximum extent permitted by Austrian law, Data Duke provides its products and services "as is" and "as available," without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Professional Services

For consulting services, Data Duke warrants that it will perform services with reasonable skill and care consistent with industry standards. Data Duke does not warrant any specific business outcomes or results.

9.3 Website

Data Duke makes no warranty that the website will be uninterrupted, error-free, or free from viruses or other harmful components.

10. Limitation of Liability

10.1 Liability Cap

To the maximum extent permitted by Austrian law, Data Duke's total aggregate liability to you arising out of or in connection with these General Terms or any product or service shall not exceed the total fees paid by you to Data Duke in the twelve (12) months preceding the claim, or EUR 500, whichever is greater.

For products or services provided free of charge (e.g., PulseCheck Beta), the liability cap is EUR 100.

10.2 Exclusion of Indirect Damages

To the maximum extent permitted by law, Data Duke is not liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or data
• Business interruption

Even if Data Duke has been advised of the possibility of such damages.

10.3 Exceptions

The limitations above do not apply to liability for:

• Intentional misconduct (Vorsatz)
• Gross negligence (grobe Fahrlässigkeit) causing personal injury or death
• Fraud or fraudulent misrepresentation
• Liability that cannot be limited under mandatory Austrian law

11. Indemnification

You agree to indemnify and hold harmless Data Duke, its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your breach of these General Terms or any product-specific supplement
• Your violation of any applicable law or third-party rights
• Your content or data provided to Data Duke

12. Term and Termination

12.1 Term

These General Terms remain in effect for as long as you use any Data Duke product or service.

12.2 Termination

Either party may terminate these General Terms and any associated service agreement:

• At any time by written notice, subject to any notice periods in the applicable product-specific supplement
• Immediately for material breach that is not cured within 14 days of written notice

12.3 Effect of Termination

Upon termination:

• All licenses granted to you immediately cease
• You must stop using all Data Duke products and services
• Outstanding payment obligations remain due
• Clauses that by their nature should survive termination remain in effect (including Sections 6, 7, 9, 10, 11, and 13)

13. Governing Law and Dispute Resolution

13.1 Governing Law

These General Terms are governed by the laws of the Republic of Austria, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

13.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria.

13.3 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt good-faith resolution for at least 30 days. Disputes should be directed to legal@dataduke.net.

14. General Provisions

14.1 Entire Agreement

These General Terms, together with applicable product-specific supplements and any separately executed agreements (SOW, NDA, DPA), constitute the entire agreement between the parties.

14.2 Amendments

Data Duke may update these General Terms at any time with 14 days' prior notice via email or website notification. Continued use constitutes acceptance.

14.3 Assignment

You may not assign your rights under these General Terms without Data Duke's prior written consent. Data Duke may assign freely in connection with a merger, acquisition, or business transfer.

14.4 Severability

If any provision is found invalid or unenforceable, it shall be reformed to the minimum extent necessary and the remaining provisions shall continue in full effect.

14.5 Waiver

Failure to enforce any provision does not constitute a waiver of that right.

14.6 Language

These General Terms are in English, which is the authoritative version. Any translations are for convenience only.

14.7 Force Majeure

Neither party is liable for failure to perform due to events beyond their reasonable control (e.g., natural disasters, war, epidemics, government actions), provided they notify the other party promptly.

14.8 Electronic Contracts

These General Terms and all product-specific supplements may be accepted electronically. Electronic acceptance has the same legal effect as a handwritten signature.

15. Contact

Data Duke Project Consulting e.U.
Lehenstr. 12/2/3 OG, 1220 Vienna, Austria
UID: ATU77808106

General: web@dataduke.net
Support: support@dataduke.net
Legal: legal@dataduke.net
Privacy: privacy@dataduke.net
Website: https://dataduke.net