These Terms and Conditions ("Terms", "Terms of Service") govern your relationship with the FokusRM website and service (the "Service") operated by oneSec FlexCo ("us", "we", or "our"). Please read these Terms and Conditions carefully before using the Service.

1. Scope of Application

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. These Terms constitute a binding agreement between you and oneSec FlexCo. We primarily furnish our services to business customers (B2B).

2. Services

FokusRM is a Governance, Risk, and Compliance (GRC) management platform provided as a Service (SaaS). We grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes during the subscription term.

3. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

4. Subscription and Payments

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. All fees are exclusive of applicable taxes, unless stated otherwise.

5. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of oneSec FlexCo and its licensors. The Service is protected by copyright, trademark, and other laws of both Austria and foreign countries.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or cancel your subscription through your account settings.

7. Disclaimer and Limitation of Liability

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied.

To the maximum extent permitted by applicable law, any liability of oneSec FlexCo (including its directors, employees, partners, and agents) for slight negligence (leichte Fahrlässigkeit) is expressly excluded, except for personal injury. Liability for consequential damages, pure financial losses, lost profits, unachieved savings, loss of interest, and damages from third-party claims against the customer is hereby strictly excluded to the fullest extent permitted by mandatory law.

In the event of data loss, the liability of oneSec FlexCo is strictly limited to the typical recovery effort that would have been required if the customer had maintained proper, regular, and risk-adequate data backups.

In any event (except for instances of liability mandated by law, such as intentional misconduct), the maximum aggregate liability of oneSec FlexCo arising out of or in connection with this agreement shall be strictly limited to the actual subscription fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the liability.

Any claims for damages must be formally asserted in court within six (6) months of gaining knowledge of the damage and the damaging party, otherwise such claims shall be permanently forfeit.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

10. Contact Us

If you have any questions about these Terms, please contact us by email: office@one-sec.eu.