Terms of Service

1. Scope of Application & Exclusive B2B Applicability

1. These Terms of Service ("Terms") govern all contractual relationships between CreativeBytes e.U., Owner: Michael Fichtinger, Industriestraße 9, 6841 Mäder, Austria, Company Register No. FN 451966 g, Regional Court of Feldkirch ("Provider") and its commercial customers ("Customer" or "Tenant") regarding the provision and use of the cloud-based Software-as-a-Service platform EntraLane, including all associated web interfaces, APIs, and supplementary features. 2. Exclusive B2B Offering: EntraLane is offered exclusively to business entities, entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB), sole proprietors, freelancers, registered associations, and public-law or private-law legal entities acting in the exercise of their commercial, governmental, or independent professional activity when concluding the contract. 3. Contracts with consumers (within the meaning of § 1(1)(2) of the Austrian Consumer Protection Act – KSchG) are strictly excluded. By registering a tenant account, the Customer expressly confirms its business (B2B) status and the authority of the acting representative. Any conflicting or deviating purchasing or general terms and conditions of the Customer shall not apply unless expressly accepted in writing by the Provider.

2. Subject Matter & Scope of Services

1. EntraLane is a cloud-native, hardware-agnostic virtual queue and visitor flow management Software-as-a-Service (SaaS) platform. Depending on the selected subscription tier or event pass, the platform comprises: - Check-in Kiosks (/kiosk/:slug): Touchscreen interface for visitor self-check-in (on-screen ticket with memorable codeword, dynamically rotating QR code for smartphones, and optional receipt printing on compatible thermal printers via WebUSB, WebSerial, LAN Print Bridge, or browser printing). - Mobile Live Tickets (/t/:ticketId): Zero-install Progressive Web App (PWA) for waiting visitors featuring live queue position updates, estimated wait time, optional 1-tap ticket pause (Snooze), and optional browser push alerts (VAPID Web Push). - TV Displays (/display/:slug): Waiting room call screens featuring visual ticket/codeword callouts, synthesized audio chimes, and optional voice announcements (Text-to-Speech). - Service Desks (/desk/:slug): Operator terminal for staff to call next visitors, recall, pause, transfer tickets across services or queues, mark no-shows, complete consultations, and manage counter availability. - Administration Portal (/app/...): Multi-tenant workspace for visual routing (Visitor Flow Designer), location and team management, live operations dashboard, analytics, outbound webhooks, and self-service billing. 2. Bring Your Own Device (BYOD): The Provider owes solely the provision of the cloud software over the internet within the agreed scope. Procurement, configuration, power supply, network connectivity, and maintenance of client-side hardware (tablets, Smart TVs, monitors, PCs, thermal receipt printers, Wi-Fi routers) and a modern compatible web browser are the sole responsibility of the Customer.

3. Registration, Contract Formation & 14-Day Free Trial

1. Using EntraLane requires registering a tenant account with a valid business email address, a secure password, and verifying the email address via a 6-digit one-time verification code (OTP PIN). The contract for the evaluation trial is formed upon completion of email verification. 2. 14-Day Free Trial: New Customers may evaluate EntraLane free of charge and without obligation for fourteen (14) calendar days from registration without providing a payment method. The feature scope and resource quotas of the Free Trial are governed by the current pricing schedule at https://entralane.com/en/pricing. 3. No Automatic Paid Conversion: If the Customer does not actively purchase a paid monthly subscription or an Event Pass before the 14-day Free Trial expires, the account does not automatically convert into a paid subscription. Upon trial expiration, new visitor ticket intake is paused while the Customer retains read and upgrade access during a subsequent 16-day reactivation window. 4. Automated Pruning of Inactive Trial Accounts: If a free evaluation account is not upgraded to a paid subscription within thirty (30) days of registration and holds no active or redeemable Event Pass, the Provider reserves the right to automatically and permanently purge the inactive trial account and its test configuration after prior email notification. 5. Repeated or abusive creation of multiple free trial accounts by the same business entity to circumvent subscription fees is prohibited.

4. Subscription Tiers, Scaling Add-ons, Event Passes & Fair-Use Quotas

1. Monthly Subscription Tiers (Starter, Pro, Business): - Resource entitlements (maximum active locations, waiting areas/queues, service desks, check-in kiosks, TV displays, administrators, monthly fair-use tickets, and data retention windows) are determined by the tier selected by the Customer according to the pricing matrix in effect at the time of booking. - Under the Business tier, Customers may dynamically scale beyond the base allocation (3 locations, 24 service desks) by adding extra locations (up to 10 locations) and extra desk booster packs (in increments of 5 service desks up to +40 extra desks). 2. Hour-Based Event Passes (Flash Pass 24h, Weekend Pass 72h, Festival & Pop-Up Pass 168h): - Event Passes are one-time, non-recurring purchases designed for temporary events, trade fairs, pop-up stores, or peak promotional days. - Activation Validity: A purchased Event Pass must be activated within three (3) months (90 days) from the purchase date; unactivated passes expire automatically thereafter without refund. - Pre-Event Staging Sandbox & Live Window: Prior to activating the live event window, each Event Pass includes a dedicated Staging Sandbox window (48h / 72h / 120h) for hardware setup and dry-run testing. Triggering Go-Live (or reaching the end of the sandbox window) starts the continuous operational live window (24h / 72h / 168h). Sandbox test tickets can be purged with one click upon going live. - Soft-Close Grace Period: At the end of the operational live window, the platform grants a two-hour (2h) soft-close grace period during which new visitor check-ins are closed while remaining waiting visitors can still be called and served. 3. Fair-Use Ticket Quotas & 10% Courtesy Buffer: - Each subscription tier and Event Pass includes a defined fair-use visitor ticket allowance per billing month or event window. - When a Tenant reaches 100% of its included ticket quota, the administrator is notified via email and in the billing dashboard. To prevent unexpected disruption at reception, EntraLane automatically provides a free 10% courtesy buffer (up to 110% of the plan quota). New ticket issuance is only paused if usage exceeds 110% without a tier upgrade or period rollover.

5. Pricing, EU VAT (Reverse Charge), Billing & Payment Default

1. Net Prices & Value Added Tax (VAT): All prices displayed on the website and within the administration portal are stated in Euros (€) as net prices exclusive of applicable statutory Value Added Tax (VAT). 2. EU B2B Reverse Charge Mechanism: For business Customers established in an EU Member State outside Austria who provide a valid VAT Identification Number (verified via the EU VIES system during Stripe Checkout), invoices are issued without Austrian VAT under the statutory reverse charge mechanism pursuant to Art. 196 and Art. 226(11a) of the EU VAT Directive (2006/112/EC). If a provided VAT ID is invalid or fails verification, the Provider is entitled to charge applicable statutory VAT. 3. Payment Processing & Billing Cycle: Payments and invoicing are processed via the PCI-DSS Level 1 certified payment provider Stripe Payments Europe, Ltd. (Dublin, Ireland). Monthly subscriptions are billed in advance on a recurring monthly cycle; Event Passes are billed immediately upon purchase. 4. Plan Changes (Upgrades & Downgrades): - Upgrades to a higher subscription tier or additions of extra locations/desk packs take effect immediately, with the price difference for the remainder of the current billing cycle charged automatically on a prorated basis (pro rata temporis). - Downgrades to a lower subscription tier or reductions in subscribed unit counts take effect at the end of the current billing period. At period rollover, excess resources (locations, queues, desks, or devices) exceeding the new tier's limits are automatically deactivated in a visitor-safe order (preserving resources that currently hold active waiting visitors first). 5. Payment Default, 7-Day Grace Period & Account Locking: - If an automatic subscription renewal fails or requires additional cardholder authentication (e.g., 3D Secure / Strong Customer Authentication), the Customer is notified immediately via email and a persistent alert banner in the administration portal. - To protect live waiting room operations, the Provider grants a seven-day (7-day) payment grace period (expiring at 03:00 AM local time of the primary location after the 7th day), during which all kiosks, TV displays, and service desks remain fully operational. - If payment is not settled before the 7-day grace period expires, the tenant account is placed into a restricted billing lock (Billing Lock) suspending new ticket intake and configuration writes until the outstanding balance is settled. Statutory default interest (§ 456 UGB) and the right to extraordinary termination remain unaffected.

6. Customer Obligations, Acceptable Use & Custom Branding

1. Credential & Device Security: The Customer must keep account passwords, two-factor authentication (2FA) recovery codes, REST API keys (el_live_...), operator PINs, and 8-character device pairing codes confidential and protected against unauthorized third-party access. Compromised credentials or paired devices must be revoked immediately in the administration console. 2. Prohibition of Abuse: The Customer shall not subject the platform or its public endpoints (specifically QR check-in routes and SignalR WebSockets) to automated bot traffic, uncoordinated load testing, reverse engineering, or attempts to bypass security controls (such as Cloudflare Turnstile or rate limiters). 3. Custom Branding & Indemnification: Where the Customer uploads custom logos, graphics, or brand names to EntraLane, the Customer warrants that it holds all necessary trademark, copyright, and intellectual property rights. The Customer shall fully indemnify and hold the Provider harmless against any third-party claims arising from an infringement of such rights by Customer-supplied materials. 4. Data Minimization in Public Labels: EntraLane is engineered for anonymous, zero-PII visitor callouts. The Customer agrees not to enter sensitive personal data of visitors or patients (in particular special categories of personal data / health data under Art. 9 GDPR) into publicly displayed queue names, service category titles, or counter labels.

7. Service Availability (SLA), Maintenance & Support

1. Availability Target: The Provider targets an annual average availability of 99.5% for the core EntraLane cloud platform (measured at the network demarcation point of the Provider's data center). 2. Exclusions: Availability calculations exclude: - Scheduled maintenance windows, which are performed outside peak business hours whenever possible (preferably between 01:00 and 05:00 CET/CEST); - Brief zero-downtime deployment switchovers (Blue-Green Deployments); - Disruptions beyond the Provider's reasonable control, including force majeure, public internet backbone failures, DNS outages, third-party sub-processor incidents, or failures in the Customer's local hardware, browser, or Wi-Fi network. 3. Technical support for tenant administrators is provided via email at office@creativebytes.at during regular Austrian business hours.

8. Usage Rights & Intellectual Property

1. All copyrights, trademarks, database rights, and other intellectual property rights in the EntraLane platform, source code, user interfaces, design system, algorithms, and documentation remain the exclusive property of the Provider. 2. For the duration of the active subscription or Event Pass, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right, limited to the contracted resource quotas, to access and use the platform via the internet for the Customer's internal business operations. 3. Decompiling, disassembling, reverse engineering, or copying the software (beyond mandatory statutory exceptions) is prohibited.

9. Warranty & Limitation of Liability

1. Warranty: The Provider warrants that the platform materially conforms to the functional description in Section 2. The Customer must report reproducible defects promptly in writing via email, specifying the timestamp, affected queue, and error behavior (§ 377 UGB). The Provider will remedy verified defects within a reasonable period at its discretion through a software update/patch or a reasonable workaround. Strict no-fault liability for initial defects is excluded. Warranty claims expire six (6) months after discovery of the defect. 2. Exclusion of Slight Negligence: In accordance with Austrian law, the Provider is liable without limitation for personal injury (injury to life, body, or health) and for damages caused by the Provider's willful intent (Vorsatz) or blatant gross negligence (krass grobe Fahrlässigkeit). Liability for slight negligence (leichte Fahrlässigkeit) and—to the fullest extent permitted in B2B transactions under Austrian law—for simple gross negligence (schlicht grobe Fahrlässigkeit) is excluded. 3. Exclusion of Indirect & Consequential Damages: Except in cases of willful intent or blatant gross negligence, the Provider shall not be liable for indirect damages, consequential damages, lost profits (entgangener Gewinn), unrealized savings, business interruption losses, or third-party claims. Liability for data loss is excluded to the extent that the Customer failed to export available records at reasonable intervals using the platform's self-service export tools. 4. Maximum Liability Cap: Where the Provider is liable on the merits and no unlimited liability under Section 9(2) sentence 1 applies, the Provider's total aggregate liability per event and per contract year is capped at 100% of the net subscription/pass fees actually paid by the Customer to the Provider during the twelve (12) months immediately preceding the damaging event (or, if the contract has been in effect for less than 12 months, the annualized net fee of the active plan). 5. Burden of Proof & Limitation Period: The burden of proving gross negligence or willful intent lies with the Customer (§ 1298 sentence 2 ABGB is waived). Damage claims of the Customer become time-barred six (6) months after knowledge of the damage and the liable party, and in any event no later than three (3) years after the service was rendered.

10. Data Protection & Data Processing Agreement (Art. 28 GDPR)

1. Both Parties shall comply with applicable data protection legislation, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). 2. To the extent that the Provider processes personal data on behalf of the Customer in the course of providing EntraLane (specifically data relating to desk operators, administrators, or pseudonymous ticket/push tokens), the Data Processing Agreement (DPA / AVV) pursuant to Art. 28 GDPR applies as an integral part of these Terms and can be downloaded at any time as a personalized PDF at /app/legal/dpa (and viewed publicly at /dpa).

11. Data Portability, Cloud Switching (EU Data Act) & Contract Termination

1. Cancellation of Monthly Subscriptions: Monthly subscriptions renew automatically on a monthly basis unless cancelled by the Customer prior to the end of the current billing period via the self-service Stripe Customer Portal (/app/billing) or via account deletion. The Provider may terminate a monthly subscription upon thirty (30) days' notice to the end of a billing cycle. Either Party's right to extraordinary termination for good cause remains unaffected. 2. Data Portability & Cloud Switching Pursuant to the EU Data Act (Regulation (EU) 2023/2854): - Customers can export their exportable data and configuration metadata at any time during the contract term free of charge and without switching fees in structured, commonly used, machine-readable formats via self-service: - Complete JSON archive of the organization, locations, queues, service categories, service desks, desk operators, and audit logs via /app/profile (GET /api/v1/profile/export); - Tabular CSV and PDF exports of ticket logs and aggregated analytics via /app/analytics. - Upon request, the Provider supports the Customer in switching to another data processing service or on-premises environment in accordance with Regulation (EU) 2023/2854. 3. Account Deletion & 14-Day Safety Grace Period: - When an Organization Owner initiates account deletion under /app/profile, active Stripe subscriptions are cancelled immediately, all user sessions and device tokens are revoked, and the organization is suspended for a 14-day safety and recovery grace period. - Upon expiration of the 14-day grace period, all tenant records, queues, tickets, operator profiles, and uploaded brand logos are permanently and irreversibly erased (Tenant Purge) from active databases and object storage. - Statutory billing and tax records that must be retained by law (invoices pursuant to § 132 Austrian Federal Fiscal Code – BAO and § 212 Austrian Commercial Code – UGB) are decoupled from the tenant account (anonymized) and archived for the mandatory seven-year (7-year) retention period.

12. Amendments, Governing Law, Jurisdiction & Final Provisions

1. Amendments to these Terms: The Provider may amend these Terms with future effect where objectively justified (e.g., changes in applicable laws or case law, introduction of new platform features, or security enhancements) provided the core contractual equilibrium is not altered to the Customer's detriment. The Provider will notify the Customer via email at least thirty (30) days before material amendments take effect. If the Customer does not object in text form within thirty (30) days of receipt of the notice and continues using the platform, the amended Terms shall be deemed accepted. In the event of a timely objection, either Party may terminate the contract effective at the end of the current billing period. 2. Form Requirement: Legally relevant notices and declarations by the Customer after contract formation must be made at least in text form (via email to office@creativebytes.at or through the designated self-service portal). 3. Governing Law: These Terms and all disputes arising out of or in connection with this contractual relationship shall be governed exclusively by the substantive laws of the Republic of Austria, excluding its conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). 4. Exclusive Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the court having subject-matter jurisdiction in Feldkirch, Vorarlberg, Austria. 5. Severability Clause: Should any provision of these Terms be or become invalid, unenforceable, or incomplete in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be deemed replaced by a legally permissible provision that comes closest to the economic intent of the original provision.