General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all business relationships between movAcam KG (hereinafter "movAcam" or "we"), Elisabethstraße 50c, 8010 Graz, Austria, FN 653295 d, and the customer (hereinafter "customer" or "you") in connection with the purchase and use of the MovAcam analysis system.

Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that MovAcam has expressly agreed to their validity in writing. The terms and conditions valid at the time of the order shall apply.

2. Subject Matter of the Contract

The subject matter of the contract is the MovAcam analysis system, consisting of a combination of hardware and software:

2.1 Hardware Components (Purchase Contract)

The purchase of the hardware includes depending on the chosen package:

• Preconfigured Android tablet with preinstalled MovAcam software
• Up to two 120fps cameras (USB-C)
• Professional Tripod and Mounting System
• Transport case
• All accessories (cables, adapters, mounts)

The exact scope of delivery is determined by the respective product description and the order confirmation.

2.2 Software License (SaaS Contract)

The MovAcam analysis software is provided as Software-as-a-Service (SaaS). The customer does not acquire ownership of the software but a time-limited right of use according to the conditions in sections 5 and 12 of these terms and conditions. The software is exclusively preinstalled on the supplied tablet and is not separately available via the Google Play Store.

3. Conclusion of Contract and Order

The presentation of our products on the website does not constitute a legally binding offer, but an invitation to submit an order (invitatio ad offerendum). By sending an order or inquiry, the customer makes a binding offer to conclude a contract.

The contract is only concluded by our written order confirmation via email. We reserve the right to reject orders without stating reasons.

4. Delivery of the Hardware

4.1 Delivery Area and Shipping

Delivery takes place within the European Union. Deliveries to third countries are possible upon request. Shipping costs will be shown separately in the order confirmation.

4.2 Delivery Time

The expected delivery time is 5–15 working days from order confirmation and receipt of payment. Deviating delivery times are individually agreed upon and recorded in the order confirmation.

4.3 Transfer of Risk

The risk of accidental loss and accidental deterioration of the goods passes to consumers upon delivery of the goods to the customer. For entrepreneurs, the risk passes upon delivery to the carrier or freight forwarder.

5. Software license (SaaS)

5.1 Scope of License

MovAcam grants the customer for the duration of the contractual relationship a non-exclusive, non-transferable, revocable right to use the MovAcam software on the supplied tablet. The license includes:

• Use of the analysis software on one (1) device
• Parallel recording and analysis with up to two cameras
• Access to all analysis tools (angles, distances, comparison)
• Team and Member Management
• Cloud storage within the agreed scope
• Automatic Software Updates
• Technical support

5.2 License Fees

The software license is billed as a monthly or annual subscription. The current license fees are based on the price list valid at the time the contract is concluded. The license fee is due from the time the system is activated.

5.3 License activation

The software is activated via an internet connection when the tablet is first put into operation. An internet connection is required for activation and regular license verification. The software cannot be used without a valid license.

6. Prices and Payment Terms

6.1 Prices

All stated prices are in Euro (EUR). Prices for entrepreneurs are exclusive of statutory VAT. Prices for consumers include statutory VAT.

6.2 Payment structure

Component	Payment Method	Due date
Hardware (one-time purchase)	One-time payment or installment payment	Upon order or according to installment plan
Software License (SaaS)	Monthly or yearly	In advance for the respective billing period
Additional Services	By Agreement	According to individual agreement

6.3 Payment Methods

We accept payment by bank transfer and on account (for entrepreneurs after credit check). Other payment methods can be agreed individually.

6.4 Payment Default

In case of payment default, we are entitled to charge default interest at the statutory rate (consumers: 4% p.a., entrepreneurs: 9.2 percentage points above the base rate). If a payment is overdue by more than 30 days, we are entitled to temporarily block access to the software license until the outstanding amounts are settled.

7. Contract Duration and Termination

7.1 Hardware (Purchase Contract)

The purchase contract for the hardware is fulfilled upon full payment and delivery. The statutory warranty periods apply.

7.2 Software license (SaaS contract)

The SaaS contract has a minimum term of 12 months from activation. After the minimum term expires, the contract is automatically extended by another billing period (monthly or yearly), unless it is terminated with a notice period of 30 days before the end of the respective billing period.

7.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected for both parties. A good cause exists in particular if:

• the customer is in default of payment of more than two monthly amounts despite reminder
• the customer uses the software in a manner that violates these Terms and Conditions or applicable law
• an insolvency proceeding is opened against the assets of a party or the opening is refused due to lack of assets

7.4 Consequences of Termination

After termination of the SaaS contract, access to the software will be deactivated. The customer has 30 days from the date of termination to export their data stored in the cloud. The hardware remains the property of the customer but cannot be used for MovAcam analysis functions without an active software license.

8. Warranty and liability

8.1 Hardware warranty

The statutory warranty provisions according to the ABGB apply to the hardware. The warranty period is 24 months for consumers and 12 months for entrepreneurs from delivery. The manufacturer's warranty conditions of the respective manufacturer also apply to the supplied Android tablet.

8.2 Software Warranty

MovAcam ensures that the software essentially corresponds to the functions specified in the product description. A 100% error-free software cannot be guaranteed according to the state of the art. Defects will be fixed within updates.

8.3 Limitation of Liability

movAcam is fully liable for damages resulting from injury to life, body, or health as well as for intent and gross negligence. For slight negligence, movAcam is only liable in the case of breach of essential contractual obligations (cardinal obligations), whereby liability is limited to the typical, foreseeable damage under the contract.

Liability for indirect damages, lost profits, data loss, and consequential damages is excluded – as far as legally permissible. The total liability of movAcam is limited to the amounts paid by the customer in the last 12 months.

9. Retention of Title

The delivered hardware remains the property of movAcam until full payment of all claims arising from the contractual relationship. The customer is obliged to treat the goods with care and insure them against loss and damage.

10. Data Protection

Information on the processing of personal data can be found in our Privacy Policy. movAcam processes personal data exclusively in accordance with the GDPR and the Austrian Data Protection Act (DSG). All data is stored on servers within the European Union.

11. Availability and Support

11.1 Availability

movAcam aims for an availability of the cloud services and license server of 99.5% on an annual average. Planned maintenance work will be announced in advance if possible and preferably take place outside regular business hours. The offline functionality of the software (local recording and analysis) is independent of the availability of the cloud services.

11.2 Support

As part of the active software license, movAcam offers technical support via email office@movacam.comThe response time is usually 1–2 working days. Extended support options (e.g., telephone support, on-site training) can be individually agreed upon.

12. Terms of Use of the Software

12.1 Permitted Use

The customer is only allowed to use the software:

• use on the supplied tablet
• to use for the purpose intended in the product description (movement analysis)
• use within the scope of the acquired license (number of users/teams)

12.2 Prohibited Use

The customer is prohibited from:

• to decompile, disassemble, or otherwise determine the source code of the software (reverse engineering)
• to copy, reproduce or distribute the software to third parties
• to install or use the software on devices other than the supplied tablet
• to use the software for unlawful purposes
• to circumvent or manipulate security mechanisms or license checks
• to allow third parties to use the software (sublicensing), unless this has been expressly agreed

12.3 Intellectual Property

All rights to the MovAcam software, including copyrights, trademark rights, and other industrial property rights, remain with MovAcam. The customer acquires only the right of use described in these terms and conditions.

13. Right of Withdrawal for Consumers

13.1 Cancellation Policy

Consumers within the meaning of § 1 KSchG have the right to withdraw from the purchase contract for the hardware within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party named by you took possession of the goods.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. by email to office@movacam.com) inform about your decision to withdraw from this contract.

13.2 Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery costs, without delay and at the latest within 14 days from the day we receive the notification of your withdrawal. The return of the hardware is at the customer's expense.

13.3 Exclusion of the Right of Withdrawal

The right of withdrawal expires for digital content (software license) if movAcam has begun executing the contract after the customer has expressly agreed that movAcam may begin executing the contract before the withdrawal period expires, and the customer has acknowledged that by consenting to the start of contract execution, they lose their right of withdrawal.

14. Changes to the Terms and Conditions

movAcam reserves the right to change these Terms and Conditions with effect for the future. Changes will be communicated to the customer by email at least 30 days before they take effect. If the customer does not object to the changes within 30 days of receipt of the change notification, the changed Terms and Conditions are deemed accepted. movAcam will point out the importance of the 30-day period and the consequences of silence in the change notification.

15. Final Provisions

15.1 Applicable law

Only Austrian law applies excluding the UN Sales Convention (CISG). For consumers, the mandatory provisions of the law of the state in which the consumer has their habitual residence also apply.

15.2 Place of Jurisdiction

For disputes arising from or in connection with this contract, the court with subject-matter jurisdiction in Graz, Austria, shall have jurisdiction. For consumers, the statutory place of jurisdiction applies.

15.3 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

15.4 Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

15.5 Written Form

Side agreements, changes and additions to these Terms and Conditions require written form. This also applies to the waiver of this written form requirement. Email is sufficient for written form.