SimVenture GmbH
Adalbert Stifter-Straße 28
4710 Grieskirchen
FN 568434 h
As of: 20.02.2026
Validity and Conclusion of Contract
These Terms of Use govern the use of the platform and included App (hereinafter referred to provided by SimVenture GmbH (hereinafter referred to as the “Provider” or “us”) by users.
Use of the Platform itself (e.g. registration) is governed exclusively by these Terms of Use.
On this Platform, users can register to the SimVenture platform by entering the name and contact data as well as the age, weigth, height and gender which is needed for the simulation. After watching the introduction video users can generate a QR code which is then read by the simulator. The physiological data is anonymiousla tranfered to the simulator.
For clarification, these terms only govern the use of the platform, not the use of the simulators. These contracts will be concluded with the respective providers.
Other conflicting terms and conditions (e.g. general terms and conditions) of third parties (e.g. the user) shall only apply in the event of express written confirmation. This also applies in the event that the user bases the conclusion of the contract on their own general terms and conditions, even if the provider does not object to these when aware of them.
Registration
Registration is required to use the platform. By registering, the user agrees to these Terms of Use; this is done explicitly by selecting the checkbox ‘I agree to the Terms of Use.’
To register, the user needs an email address and a password of their choice. An email will be sent to the user to confirm their registration.
The user is obliged to provide truthful and complete information when registering. The provider reserves the right to verify the accuracy of this information in individual cases.
There is no right to registration. The provider is entitled to refuse registration without giving reasons.
Obligation of users
To be able to use the platform and, in consequence, the simulator correctly, users are obliged to enter correct data (e.g. measurements). The users are also obliged to follow the advice and instructions of the provider of the simulator.
In order to be able to use the platform's services to their full extent, the user must use the latest (browser) technologies or enable their use. If older technologies are used, the user may not be able to use the services to their full extent.
The user must treat the access data (password, username) as strictly confidential and protect it from unauthorised access by third parties. If the user passes on the access data (password, username) to third parties, they shall be liable to the provider for all damages caused as a result.
The user is obliged to make daily backups of all data stored/processed on the platform and to ensure that the data is properly backed up.
Duration and termination
The contractual relationship for the free use of the platform is concluded for an indefinite period. The user has the right to terminate the contractual relationship at any time without notice and to delete the account by sending am e-mail to office@simventure.at.
The provider has the right to terminate the contractual relationship at the end of the month with one month's notice. We are also entitled to terminate the contractual relationship with immediate effect for good cause. Good cause includes, in particular:
Providing false data;
Violation of data protection, copyright or personal rights (including those of third parties);
Violation of other legal provisions.
Consumer's right of withdrawal in accordance with § 11 FAGG
Right of withdrawal
Users who are consumers within the meaning of the Consumer Protection Act (KSchG) may withdraw from a contract concluded outside the entrepreneur's business premises or from a distance contract – unless a statutory exception applies – within fourteen calendar days without giving reasons. The withdrawal period is fourteen calendar days. In the case of contracts for digital content, it begins with the conclusion of the contract. It is sufficient for the consumer (user) to send the declaration of withdrawal within the withdrawal period.
The declaration of withdrawal can also be made electronically using the sample withdrawal form below. If the delivery of digital content not stored on a physical data carrier begins prematurely before the expiry of the withdrawal period, and the consumer agrees to this and is informed of the loss of the right of withdrawal, the consumer has no right of withdrawal.
Consequences of withdrawal
If the consumer withdraws from the contract, the entrepreneur must, step by step (where applicable)
the trader shall reimburse the payments made by the consumer (user), including delivery costs (with the exception of additional costs resulting from the consumer choosing a type of delivery other than the cheapest standard delivery offered by the trader) and reimburse the consumer for any necessary and useful expenditure incurred on the goods, and
the consumer must return the goods received and pay the trader reasonable compensation for the use, including compensation for any associated reduction in the fair market value of the goods.
The consumer shall bear the direct costs of returning the goods.
If the consumer withdraws from a contract for the delivery of digital content not stored on a tangible medium, they shall not be liable to pay for any services already provided by the trader.
Sample withdrawal form
If the user wishes to withdraw from the contract, the following form may also be used:
"I/we (*) hereby withdraw from the contract concluded by me/us (*) for the use of the [...] platform.
Contract concluded/purchase made on ...
Name of consumer(s) ...
Address of consumer(s) ...,
Date ...
Signature of consumer(s)"
The completed text can be sent by post or email:
SimVenture GmbH
Adalbert Stifter-Straße 28
4710 Grieskirchen
office@simventure.at
Waiver of the right of withdrawal in accordance with § 18 FAGG
If the delivery of digital content not stored on a physical data carrier begins prematurely before the expiry of the withdrawal period and the consumer agrees to this and is informed of the loss of the right of withdrawal, the consumer has no right of withdrawal.
Prices
Registration on the platform is free of charge. Any costs incurred in connection with the use of the platform, such as data transfer costs charged by the network operator or similar, shall be borne by the user.
Availability / discontinuation of the service
The provider does not guarantee the constant availability of its services. Downtime due to maintenance, software updates and circumstances (such as technical problems of third parties, force majeure) that are beyond the provider's control and for which it is therefore not responsible and which make the services it offers unavailable via the Internet cannot be ruled out.
The provider is entitled to shut down the service that is the subject of this contract in whole or in part if its security or the security of users is endangered. This right of the provider also applies if the continued operation of the service or parts of the service is not economically reasonable for the provider. The provider will notify the user of such measures without delay.
Liability
If the user is an entrepreneur, the following applies: The parties are liable for compensation for damages caused through fault. They are not liable for slight negligence. In the event of gross negligence, liability is limited to the value of the delivery/service concerned (excluding taxes and fees) and, in the case of recurring services, to the remuneration of the previous year. Limitations of liability do not apply to compensation for personal injury. In any case, claims for damages only cover the pure repair of damage, but not consequential damage, lost profits or third-party claims.
Claims for damages must be asserted in court within six months of becoming aware of the damage and the party responsible for it, otherwise they will lapse.
The injured party must provide evidence that the damage incurred is attributable to the fault of the provider. The injured party must also provide evidence that they are not at fault for the damage incurred. This applies to all forms of fault (slight/gross negligence, intent).
In any case, liability for data loss or damage to devices, hardware or software used by recipients of the provider's services shall only be assumed if such damage or loss could not have been avoided even by reasonable and appropriate data backup measures and the use of backup and defence software.
Insofar as the provider's online services offer the possibility of accessing third-party websites, database services and the like, for example through links, the provider shall not be liable in any way for the accessibility, existence or security of these databases or services, nor for their content. Liability, if applicable, shall only be considered within the framework of the ECG under the restrictions agreed here.
Data protection
The provider complies with the applicable data protection regulations, in particular the Data Protection Act (DSG) and the General Data Protection Regulation (GDPR).
Specific information on how user data is processed can be found during registration and in the privacy policy.
Copyright
The contents of the platform are protected by copyright. The provider is the copyright holder, unless otherwise specified. The user receives a non-exclusive licence to use the platform for their own internal purposes to the extent described in these Terms of Use.
Changes to the Terms of Use
Users will be informed of any changes to these Terms of Use and asked to confirm their acceptance. If they are not confirmed, the user may terminate this contract with immediate effect.
Applicable law
This contract is governed by Austrian substantive law, excluding the mandatory referral provisions of international private law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. However, in accordance with Art. 6 (2) of the Rome I Regulation, this choice of law does not result in the contractual partner who is a consumer being deprived of the protection of mandatory provisions of the law of the country of their habitual residence; these continue to apply.
Final provisions
Should any provisions of this contract be or become legally ineffective, invalid and/or void during its term, this shall not affect the legal effectiveness and validity of the remaining provisions.
The contract language is English.
