End-user licence terms for the Workheld platform and its components Workheld Flow, Workheld Sense and Workheld AI of Workheld GmbH.
Last updated: 7 May 2026
These General Terms of Use (“GTU”) apply to all users of the Workheld applications and the related services. For readability, the gender-neutral term “user” is used throughout.
By accepting an offer to use Workheld, a contractual relationship is established between the accepting company (the “customer”) and Workheld GmbH (operator of the Workheld platform and the related applications, “Workheld”), having its registered office at Rotensterngasse 5, 1020 Vienna.
1. Scope
1.1 These end-user licence terms govern the provision and use of the software and other works protected by copyright in favour of Workheld GmbH (“Workheld”) in their respective valid version.
1.2 These GTU constitute a legally binding agreement between the end user (a natural or legal person, hereinafter the “end user”) and Workheld for the Workheld platform and its components Workheld Flow, Workheld Sense and Workheld AI (“WH Flow”, “WH Sense” and “WH AI”). The software comprises all related media, printed materials and online or electronic documentation. Use of the software is permitted only to end users with a valid licence or under an expressly agreed time-limited trial.
1.3 Deviations from these GTU are valid only if acknowledged in writing by Workheld. Any general terms and conditions of the end user shall not apply and are mutually excluded.
1.4 In the event of a conflict between these GTU and Workheld’s General Terms and Conditions (GTC), the following order of precedence applies: (1) the individual contract or offer, (2) GTC Part II (SaaS and cloud services), (3) these GTU, (4) GTC Part I (General).
1.5 Personal data is processed by Workheld in accordance with the privacy policy (available at workheld.com/en/privacy-policy/) and, where Workheld processes personal data on behalf of the customer, on the basis of a separately concluded data processing agreement under Art. 28 GDPR.
2. Subject matter
For the purpose of these terms, “software” means computer programs in the sense of Section 40a of the Austrian Copyright Act, distributed as standard products or developed or adapted individually for the end user, in each case protected by copyright in favour of Workheld, intended for use on, the operation of, or the control of electrotechnical and/or electronic devices and systems, including any documentation provided.
3. (Usage) rights to the software
3.1 Upon conclusion of the contract (“subscription”), the end user receives the non-transferable and non-exclusive right to use the software in accordance with the contractual specification at the agreed location or on the installed app.
3.2 All software licences are issued to the end user using the data on file at the time of contract conclusion (company name, address, legal form and VAT ID). Where licence documentation needs to be amended due to a change of name, the related effort is invoiced based on actual time spent.
3.3 Use of the software products requires a licence for each named user.
3.4 Where the software contains components whose copyright is held by a third party, the third party’s usage terms apply with priority to that component in their respective valid version. Workheld will make those terms available to the end user on request to hallo@workheld.com; Workheld is under no obligation to provide a translation. Workheld will inform the end user of material changes to such third-party terms that have an adverse effect on the end user, with reasonable lead time. Where such changes have a substantially adverse effect on the end user, the end user may terminate the affected module on extraordinary grounds within 30 days of the notification. Third-party websites linked through such references are not under Workheld’s control and Workheld assumes no responsibility for their content.
3.5 All documentation provided to the end user by Workheld, in particular the documentation for software products, may not be reproduced or distributed in any way, whether for consideration or free of charge.
3.6 All other rights to the software are reserved to Workheld. Without Workheld’s prior written consent, the end user is in particular not entitled – notwithstanding Section 40d of the Austrian Copyright Act – to sell, rent, lend, sub-licence, assign or transfer the software, to reproduce it in whole or in part, to modify, reverse-engineer, reset, extract parts from, make available to third parties, analyse, decompile or disassemble the software.
4. End user obligations
4.1 The end user is responsible for the contents of the account and for the data and documents uploaded as well as for ensuring that the uploaded content complies with all applicable legal requirements (in particular laws, directives and professional rules and these terms of use).
4.2 The user undertakes not to use the Workheld services abusively, in particular:
- not to disseminate immoral, obscene, pornographic, extremist or violent content or photographs;
- not to disseminate defamatory, offensive or unlawful material or information about it;
- not to threaten, harass or otherwise infringe the rights of others;
- not to upload data containing malware;
- not to upload data protected by copyright unless the end user holds the relevant rights or consents;
- not to provide false address data;
- not to use the applications in a way that adversely affects the availability of the services for other users;
- not to intercept, or attempt to intercept, information (e-mails, messages etc.);
- not to send chain letters, unlawful pyramid schemes or similar;
- not to generate traffic by unauthorised means.
Failure to observe the above duties may result in the following sanctions:
- request for a statement;
- warning;
- restriction of use;
- removal of content;
- suspension of use;
- handing over criminally relevant information to investigative authorities where appropriate;
- Workheld further reserves the right to take any further legal steps.
4.3 The end user is responsible for protecting all rights of the licensor (e.g. industrial property rights, copyright including the right to a copyright notice) in the software and for protecting the licensor’s rights to confidentiality of trade and business secrets, including by employees, vicarious agents and third parties. This applies even where the software has been modified or combined with other programs. This obligation continues to apply after termination of the contract.
4.4 The end user undertakes to use the subject of the contract as agreed and to indemnify Workheld in this regard.
4.5 The end user undertakes to comply with the operating instructions provided by Workheld for the software.
4.6 The end user is required to keep the subject of the contract safe in order to prevent misuse, unauthorised reproduction or use. The end user shall ensure that access authorisation to the software is protected from unauthorised inspection and use, that authorisation to use the software is established by technical measures, and that any device on which the software can be accessed is protected by appropriate measures against unauthorised commissioning. The end user shall take reasonable precautions to prevent malfunctions of the software where possible.
5. Software specifications
5.1 Workheld is entitled to change the software specifications for new versions.
5.2 The end user acknowledges that the software is compatible only with the hardware and software environment agreed in the contract. Where access is via a browser, Workheld assumes the latest stable version of Chrome, Safari, Firefox or Edge. Where iOS, Android or Windows apps are used, the latest stable version of the respective platform is required. Any additional costs for migrations required by a vendor’s product policy are not borne by Workheld.
6. Warranty
6.1 Workheld warrants that the software is free of viruses, ransomware, spyware and other malicious programs.
6.2 Workheld warrants to the end user that, when used in accordance with these terms, the software does not infringe industrial property rights of third parties.
6.3 Even in the case of legal defects, Workheld first has the option of providing a remedy by way of improvement; Workheld will, at its option, procure for the end user a legally unobjectionable possibility of using the subject of the contract within the scope of this agreement, or an exchanged or modified equivalent (reasonable workaround).
6.4 The end user acknowledges that complex software cannot be entirely free of defects, bugs or errors. Beyond the assurances given above, Workheld does not warrant that the software is entirely free of defects, errors or bugs.
6.5 The end user acknowledges that complex software cannot be entirely free of security risks. Subject to other provisions of these GTU, Workheld does not warrant that the software is entirely secure; Workheld implements appropriate security measures within the framework of its information security management system (see workheld.com/information-security-at-workheld/).
7. Indemnification and liability
7.1 Workheld is not responsible for information entered by the user or for providing access to such information.
7.2 Workheld supports the end user in defending any claims based on the assertion that software used in accordance with the contract infringes an industrial property right or copyright valid under Austrian law. The end user shall notify Workheld in writing without delay and, in the event of legal proceedings, lodge a third-party notice pursuant to Section 21 of the Austrian Code of Civil Procedure (ZPO) where such claims are brought against the end user. Where claims based on the infringement of property rights for which Workheld is responsible are asserted, Workheld may, at its own expense, modify or replace the software or obtain a usage right. Where this is not possible with reasonable effort, the end user shall, at Workheld’s request, return the original and all copies of the software, including any documentation provided.
7.3 All claims of the end user concerning infringements of industrial property rights and copyright are conclusively governed by this section, to the exclusion of any further obligation of Workheld.
7.4 Where Workheld is, or threatens to be, sued by third parties due to misuse of the services by the end user, the end user shall inform Workheld without delay. Workheld shall be given the opportunity to defend the claim or to obtain full rights.
7.5 The end user undertakes to indemnify Workheld for any damage suffered as a result of a proven infringement of third-party rights by the end user, in particular based on patent, trademark, design, semiconductor, copyright or related claims (e.g. unfair competition claims), or based on personality rights or other industrial property rights.
7.6 Damages to be reimbursed also include payments for any out-of-court settlement of disputes that Workheld may agree to with the end user’s consent. The end user may withhold consent only on important grounds and not unreasonably.
7.7 If Workheld withdraws the rights of use to the software due to breaches of these usage and licence terms, the end user shall in any case continue to pay the agreed fees up to the next ordinary termination date.
7.8 Workheld is liable – except in the case of personal injury – only for gross fault. In the case of personal injury, Workheld is liable without limitation in accordance with statutory provisions.
7.9 Where Workheld is liable, the amount of liability is limited to the licence fee actually paid by the end user during the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to personal injury, intentional conduct or where mandatory law provides for a wider liability.
7.10 Subject to sections 7.8 and 7.9, Workheld assumes no liability for indirect damages, consequential or incidental losses, loss of profits, revenue or interest, or damages arising from the loss of data or use of data. Liability for data loss is excluded only to the extent that the end user is required to make reasonable backups; where Workheld has expressly assumed data backup as a service, the relevant contractual arrangements apply.
7.11 In the case of planned maintenance, restrictions of the services may occur. Workheld endeavours to announce planned maintenance windows at least 48 hours in advance and to schedule them outside main business hours (Mon–Fri 08:00–18:00 CET) where feasible. In the case of security-relevant or unavoidable interventions this may not be possible; in such cases Workheld will inform users as early as possible. The user has no claims arising from planned or required maintenance.
7.12 Where a contract between users is concluded through use of Workheld or the Workheld applications, only the participating users become parties to the contract concluded between them. Claims under contracts between users cannot be asserted against Workheld. Workheld itself does not become a party to contracts concluded exclusively between users. Performance of these contracts concluded via the Workheld platform takes place exclusively between the users. Workheld is not responsible for any disputes between users arising from such contractual relationships.
8. Return and destruction of the software
Upon termination of the right of use, the end user is required, at Workheld’s option, to return all software including any documentation provided to Workheld or to demonstrably destroy it. This also applies to modified software or software combined with other programs.
9. Term and termination
9.1 The term of the right of use is governed by the licence agreement to be concluded between the end user and Workheld and, with regard to any software maintenance services, by the relevant service certificate. The right of use ends in any case:
9.1.1 upon expiry of the agreed term;
9.1.2 upon de-installation of the solution;
9.1.3 by termination after expiry of any agreed minimum term and – absent any other agreement – with three months’ notice to the end of the billing period;
9.1.4 by extraordinary termination in the case of material breaches of contract where the contractual condition is not restored within a reasonable written cure period;
9.1.5 by extraordinary termination upon the opening of insolvency proceedings against the end user’s assets, or upon the rejection of a petition to open insolvency proceedings for lack of sufficient assets. Such termination becomes effective immediately upon the declaration that the company will not be continued; if the company is continued, termination becomes effective only six months after the opening of the insolvency proceedings.
9.2 If termination is essential to avoid serious economic disadvantages to Workheld, it takes effect immediately.
10. Export controls
10.1 Any transfer of the contractual items, documentation and other materials, in particular any re-export, may be subject to authorisation under the export control rules of the United States, the European Union and other states. In such a case the end user shall obtain the relevant authorisations from the competent authorities prior to the transfer. This obligation must be passed on contractually to any subsequent recipient or person entitled to dispose of the items.
10.2 Should it become apparent after conclusion of the contract that the supply of the contractual components is subject to export restrictions of the United States, the European Union or other applicable embargo and sanctions regimes, Workheld is entitled to withdraw from the contract. If the end user has not informed Workheld of such circumstances at the time of conclusion of the contract, the end user shall fully indemnify Workheld for any related costs and damages.
11. Governing law and jurisdiction
11.1 The contractual relationships are governed exclusively by Austrian law, under exclusion of its conflict-of-laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 The court competent ratione materiae for Vienna, Inner City, has exclusive jurisdiction for all disputes arising from the contractual relationships, including disputes about their existence or non-existence.
12. Order of precedence of contract documents
12.1 These GTU apply in addition to the General Terms and Conditions (GTC), available at workheld.com/en/general-terms-and-conditions/. In the event of a conflict between these GTU and the GTC, the provisions of these GTU prevail to the extent that they relate to the relevant subject matter.
12.2 Individual agreements (e.g. data processing agreements, enterprise contracts, order forms) take precedence over both these GTU and the GTC.
13. Final provisions
13.1 The currently valid version of the GTU is available at workheld.com/en/general-terms-of-use/. Agreements that deviate from or supplement these GTU require written form to be valid.
13.2 Workheld may amend these GTU where this is objectively justified by legal, technical or operational reasons. Material provisions – in particular main service obligations, prices and pricing models, liability provisions and the applicable law and jurisdiction – may only be amended by mutual agreement. Amendments will be communicated to the customer at least six weeks before they take effect; if the customer does not object within that period (by mail to Workheld GmbH, Rotensterngasse 5, 1020 Vienna, or by e-mail to hallo@workheld.com), the amendments are deemed accepted. In the event of an objection, the customer is entitled to terminate the contract on extraordinary grounds with effect from the date the amendment would otherwise have taken effect.
13.3 Should individual provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remainder of the agreement. The invalid or unenforceable provision shall be replaced by such valid and enforceable provision the effects of which come closest to the economic objective pursued by the parties with the invalid or unenforceable provision.