Terms of Service
This is an English translation provided for convenience. Only the German version of these General Terms and Conditions (https://www.we-elevate.at/agb/) is legally binding (see clause 2.3).
We Elevate Sales GmbH, FN 685567 m
Gewerbering 19/1/4, 3484 Grafenwörth, Austria
https://www.we-elevate.at/
Version: August 2026
We, We Elevate Sales GmbH, FN 685567 m, Gewerbering 19/1/4, 3484 Grafenwörth (“We Elevate”, “we” or “us”), are a structured trading academy and digital education platform for people who want to develop personally, financially and entrepreneurially. On our website and education platform at https://www.we-elevate.at/ (the “Website”) as well as through our mobile application (the “Elevate App”), the use of which is possible exclusively on the basis of these General Terms and Conditions (“GTC”), we offer registered customers (“Customer” or “you”) access to a structured trading academy with 30+ modules, numerous market analyses per week, an interactive trading notebook, coaching sessions, live trainings, events, an active community and personal support (the “Services”).
Our Services serve exclusively the purpose of education and further training in the field of self-directed trading in financial products (“Trading”). They do NOT include any individual (personal) advice to Customers, investment advice or any recommendation and/or solicitation to act. Nor do we act as a broker or intermediary of financial products or financial instruments.
Investing in and trading financial products and instruments of any kind — including foreign and crypto currencies, crypto ETPs and ETNs, Bitcoin ETFs, digital assets, futures, forex, CFDs, shares, NFTs, derivatives and/or securities or other tradable financial instruments — involves substantial risks up to and including total loss. Our Services aim at developing and conveying risk awareness, structure and decision-making quality. Whether you follow our recommendations and which financial decisions you take is your sole responsibility. We accept no liability in this respect.
We expressly refer to the applicable disclaimers in these GTC and on our Website at https://www.we-elevate.at/risikohinweis/, which form an integral part of the contractual relationship between you and us.
1. General
Through our Services we provide you with an environment and framework in which you can learn the craft of independent and responsible trading. Our structured trading academy gives you access to real education, real strategies and a real community — without the noise.
1.1 We Elevate is a company specialising in the delivery of trading education. Through our Services we provide the Customer with practice-oriented knowledge in the areas of personal development, entrepreneurship (sales) and financial education. The objective is to convey knowledge of financial markets, trading strategies and instruments in order to teach Customers the craft of self-directed, professionally competent trading.
1.2 We Elevate conveys exclusively basic knowledge in the field of trading as well as the Customer’s ability to analyse, decide and manage independently and autonomously — that is the difference between education and dependency.
We do not manage third-party funds, do not provide investment advice, do not broker any investment or financial products/instruments, and do not assume any risks or give any warranty for financial decisions or the investment behaviour of Customers.
2. Scope of Application
By registering on our Website and/or downloading the Elevate App onto your mobile device, you agree to these GTC, our Privacy Policy and the terms and conditions and privacy policies of the respective app store provider.
2.1 These GTC (https://www.we-elevate.at/agb/) constitute, until revoked, the legal basis of the contract to be concluded between you and us and are binding for all present and future business dealings with us, even where no express reference is made to them. All Services are subject exclusively to the GTC in their current version as published on the Website (https://www.we-elevate.at/agb/) and to our Privacy Policy (https://www.we-elevate.at/datenschutz/). Any terms and conditions of the Customer or of third parties are hereby expressly rejected.
2.2 These GTC apply equally to business customers and private customers (consumers). A “consumer” within the meaning of sec. 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz — KSchG) and of the provisions below is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity. An “entrepreneur” (Unternehmer) is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
Participation in our “Partner or Affiliate Programme” is reserved for entrepreneurs.
2.3 Should these GTC be published in several languages, only the German version shall be legally binding.
3. Conclusion of Contract, Registration as a Customer
The presentation of the service packages on our Website does not constitute a binding offer. A contract is only concluded once you register as a Customer or member on our Website, select one of our service packages, complete the order process and we confirm the payment.
3.1 The use of our Services requires a one-time registration as a Customer and the opening of a customer account. Certain content on our Website can also be viewed without registration. It serves to provide further information about We Elevate and our products and Services and constitutes an invitation to you to submit to us an offer to conclude a contract for a product or service package selected by you (invitatio ad offerendum). We recommend that every Customer visit our Website before registering in order to become better acquainted with our company, our philosophy and, of course, our range of products and Services. Please read our GTC and Privacy Policy, which form the legal basis of our Services and of the contractual relationship with you.
3.2 If you are interested in our Services and wish to become a Customer, you can select and purchase one of our service packages at https://www.we-elevate.at/register/. After selecting a service package, the button “Continue to account” takes you to our registration portal to create a “customer account”.
3.3 After specifying the payment method in the next step, you can submit a legally binding offer to conclude a contract on the basis of these GTC and the Privacy Policy by taking up the selected service package and clicking the button “Order now with obligation to pay”. Before submitting a legally binding order, your data is available for review and can be changed at any time.
3.4 If you were referred by a sales partner registered in our “Affiliate Partner Programme”, please enter the “referral code” provided to you when creating your customer account.
3.5 Your offer to conclude a contract can only be submitted and transmitted to us if you have reached the age of 18 and give your express consent to these GTC (https://www.we-elevate.at/agb/) and to our Privacy Policy at https://www.we-elevate.at/datenschutz/. The checkbox provided for this purpose must be actively ticked by you.
3.6 If we accept the conclusion of the contract with you, we will send an e-mail to the e-mail address provided during registration, to which the GTC and the Privacy Policy are once again attached on a durable medium.
3.7 The contract with you only becomes effective upon dispatch and receipt of the e-mail sent by us to you in response to your offer (see clause 3.6) and upon crediting of the full service fee (package price) to our business account. We are entitled to refuse to conclude a contract with you without stating reasons. In all other cases, the underlying user agreement is concluded on the basis of these GTC and the Privacy Policy.
3.8 The authorisation to use the customer account applies to you personally only and is non-transferable. Passing on access credentials constitutes a breach of principal contractual obligations entitling us to terminate the contract with immediate effect. Payments already made up to the time of the breach of contract will not be refunded in this case (see clause 8.3).
4. Right of Withdrawal (for Consumers)
4.1 As a consumer, you may withdraw from a contract validly concluded with We Elevate in writing, e.g. by letter or e-mail, within 14 days without stating reasons. The withdrawal period begins on the day the contract is concluded. You will be informed separately about the existence of this right of withdrawal and permissible exceptions to it on our Website and in the electronic confirmation of the conclusion of the contract pursuant to clause 3.5 (withdrawal instructions).
4.2 The declaration of withdrawal is not bound to any particular form; it may be sent by post or e-mail to
We Elevate Sales GmbH, FN 685567 m
Gewerbering 19/1/4, 3484 Grafenwörth, Austria
E-mail: office@we-elevate.at
Web: https://www.we-elevate.at/widerruf/
You may use the model withdrawal form made available to you together with the withdrawal instructions at https://www.we-elevate.at/widerruf/. You may also declare your withdrawal by clicking the “withdrawal button” provided for this purpose in your customer account. This withdrawal function is available to you for the duration of the statutory withdrawal period, within which the declaration of withdrawal must be sent. Please note the information on the early expiry of your right of withdrawal pursuant to clause 4.4.
4.3 In the event of an effective withdrawal, services already rendered shall be reversed in accordance with the statutory provisions. If services received cannot be returned in whole or in part, compensation for their value may be owed to We Elevate. This may mean that the Customer must nevertheless fulfil the contractual payment obligations for the period up to the withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. For the user, this period begins with the dispatch of the declaration of withdrawal; for We Elevate, upon its receipt.
4.4 NOTICE OF THE EARLY EXPIRY OF THE RIGHT OF WITHDRAWAL.
(a) Pursuant to sec. 18 of the Austrian Distance and Off-Premises Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz — FAGG), in the case of contracts for the provision of services under a contract obliging the consumer to pay a price, the right of withdrawal expires early upon complete performance of the service if, before performance began, the consumer:
- expressly consented to We Elevate beginning performance of the service before the expiry of the withdrawal period and, in the case of an off-premises contract, transmitted this consent on a durable medium, and
- confirmed their knowledge of the fact that their right of withdrawal expires upon complete performance of the contract by the entrepreneur.
(b) In the case of a contract obliging the consumer to pay a price for the supply of digital content not delivered on a tangible medium, the right of withdrawal also expires under the following conditions:
- We Elevate has begun performance of the contract,
- the consumer has expressly consented to the entrepreneur beginning performance of the contract before the expiry of the withdrawal period,
- the consumer has confirmed their knowledge of the fact that, by giving this consent, their right of withdrawal expires upon commencement of performance, and
- We Elevate has provided the consumer with a confirmation pursuant to sec. 7 para. 3 FAGG and sec. 5 para. 2 FAGG (for off-premises contracts).
5. Selected Services, Service Packages
Our Services serve the education, further training and personal development of our Customers. A specific range of services and bookable functionalities on the Website and the Elevate App enable a practice-oriented understanding for taking investment decisions independently, autonomously and profitably.
5.1 We operate a digital education platform for acquiring specific trading knowledge. The services we provide do not constitute investment advice, asset management or financial analysis within the meaning of financial supervisory law. All content is purely informative and serves exclusively the general education and information of the Customer. It does not constitute a recommendation to act or to trade and cannot replace the Customer’s independent and self-responsible decisions. Decisions taken by a Customer on the basis of our Services and the content conveyed are exclusively their own responsibility. Past results are no indicator of future developments.
5.2 Depending on the selected service package, registered Customers have access to, among other things, the following Services:
(a) Trading academy (structured learning modules), market analyses and broadcasts (including via app push notifications);
(b) Trading tools. The Customer receives optional access to a portfolio function. Using so-called “API interfaces” or “API keys”, personal accounts with international trading platforms and exchanges (e.g. Binance) can be linked via the Elevate App with read-only access. We ourselves have no access to the Customer’s accounts and consequently no way of influencing their actions and decisions. The portfolio function is an optional service set up to improve the usability of our platform.
(c) Software. Should the delivery of software form part of our Services, it will be made available for download without delay as a plugin, as a file for integration into other software or as browser-based software on a homepage or a download platform. The Customer will be provided with the access information required to use the software (in particular licence keys or log-in data) and usage information, depending on the selected service package, by e-mail or directly within the software.
We do not owe installation of the software on the Customer’s systems; the Customer alone is responsible for this. In particular, we are not responsible for third-party software within which the Customer’s software is used. Where our cooperation is required, we will support the Customer within the scope of our possibilities, in which case the Customer must provide all information and devices required for our cooperation without delay, free of charge and in a clear form. Ensuring an environment (hardware and software) suitable for proper software operation is the sole responsibility of the Customer.
(d) Community access. Every Customer can exchange views and share personal experiences with other registered Customers and members of the platform;
(e) Personal profile. Every user has access to their personal data via their own profile screen (My Profile);
(f) News. We continuously provide our users with up-to-date information about and relating to We Elevate, our Services (e.g. company presentations and introductions of products and current offers) and partners;
(g) Content. Numerous items of content such as market analyses, texts (blogs), images, (trading) videos etc. are made available via the Website and the Elevate App; external content (blogs) produced by We Elevate or by third parties can be received or viewed via the Website at https://www.we-elevate.at/ and various social media channels. Advertising content is communicated both on the Website and via the Elevate App by us and/or third parties.
5.3 A detailed description of our service packages and net prices (excluding country-specific value added tax) can be found on our Website. All offers by We Elevate (brochures, catalogues, price lists …) are non-binding and are to be understood as an invitation to you to submit to us a legally binding offer to conclude a contract for selected Services on the basis of these GTC and the Privacy Policy (see clause 3.3).
5.4 All information in printed matter, catalogues, advertisements, price lists and other information and advertising materials of We Elevate does not serve as a basis for any claims by a Customer and merely constitutes a general description and characterisation of our Services. A guarantee of quality (Beschaffenheitsgarantie) is only to be assumed where it has been expressly designated and agreed as such.
5.5 In the event of disagreement about the meaning of IT-related terms and symbols, quality requirements, format requirements or the like, these GTC shall, where applicable, be used for interpretation.
6. Changes to the GTC and/or to Services
We continuously develop and expand our Services. Where there is reason to do so, we also reserve the right to restrict selected Services and/or to discontinue them entirely. In the course of changes to Services or due to a change in the legal or statutory situation, we may also amend and supplement the GTC at any time; the version of the GTC current at the time of your use, to which we draw your attention, always applies. By using Services after being notified of a change/adjustment, you agree to the then current version of the GTC including the respective changes and/or additions.
6.1 We reserve the right to change, revise or discontinue selected Services, service packages and any related service features, functions or services (including the design and layout of the Website and the Elevate App and its tools) without prior notice, both temporarily and permanently (“Service Adjustment”). We are not obliged to make particular Services permanently available and are consequently also entitled to adapt certain services or content or to remove them from a service package. The decision lies in the sole discretion of We Elevate; the Customer will be notified of any Service Adjustment in writing (by e-mail) (“Notice of Change to the Scope of Services”). The Customer then has the option of agreeing to the Service Adjustment by express written consent (e-mail suffices), whereby it becomes part of the underlying user agreement, or of objecting to it in writing (e-mail suffices) within fourteen (14) days of receipt of the electronic Notice of Change to the Scope of Services.
6.2 By continuing to use changed/adjusted Services after receipt of the Notice of Change to the Scope of Services, the Customer agrees to the changed scope of services. In the event of an objection to a Service Adjustment, We Elevate reserves the right to terminate the contractual relationship with the Customer, to block their customer account and to discontinue further Services to them; clause 6.3 remains unaffected.
6.3 Should a Service Adjustment result in an effective restriction of Services — which is in any event to be assumed where Services are removed — the Customer is entitled to a pro-rata refund of fees already paid. The amount of any refund depends materially on the extent of the effective reduction in Services and the remaining term of an active service package. The same applies where the Customer objects to a Service Adjustment (clause 6.2, second sentence) and we discontinue further Services to that Customer against this background.
6.4 We are entitled to amend or supplement the GTC at our own discretion and with immediate effect, in particular where our Services are expanded or adapted to the (advanced) state of the art or for other reasons, such as a change in the law. The current version of the GTC is available at any time on the Website at https://www.we-elevate.at/agb/.
6.5 Changes to the GTC will be communicated to the Customer by e-mail to the e-mail address provided upon registration, enclosing the current — future applicable — version of the contract text (“Notice of Change to the GTC”). The Customer’s consent to the amended version of the GTC is deemed given unless an objection is made in writing (e-mail suffices) within four (4) weeks of receipt of the electronic Notice of Change to the GTC. Customers are expressly informed in the Notice of Change to the GTC of the consequences of failing to object to the new version of the GTC. In any event, the Customer agrees to the communicated changes by continuing to use our Services after receipt of the Notice of Change to the GTC.
6.6 If the Customer objects to the communicated new version of the GTC, we are entitled to discontinue our Services to that Customer and to delete their customer account, in which case any fee paid by them for Services not used (measured against the remaining term of an active service package) will be refunded pro rata (see clause 6.3).
7. Provision and Processing of Personal Data
In the course of registration as a Customer, the transmission of (personal) data and its processing by us is required. Persons under the age of 18 are not permitted to create a customer account or use our Services. In the event of use contrary to the agreement or the law, we may block the user account at any time.
7.1 The use of our Services requires valid registration as a Customer, the opening of a customer account and the conclusion of a legally effective contract with us (see clause 3).
7.2 Persons under the age of 18 are denied access to our Services. As a Customer with legal capacity, you undertake in this respect not to grant persons under the age of 18 access to your customer account or to our Services.
7.3 In the course of your registration you must provide correct and complete details in response to the information and personal data requested. Should your personal data change during the term of the contract, it must be updated without delay.
7.4 Ongoing interaction with us requires a valid e-mail address through which we can reach you at any time and, where applicable, also send you legally relevant communications. Your e-mail address must not violate applicable law, public morals or the rights of We Elevate or third parties (for instance name or trademark rights). Nor may your e-mail address create the impression among the public that you are part of our company or cooperate with us beyond the contractual customer relationship. The Customer is responsible for keeping the e-mail address and password confidential and for their proper use.
7.5 By registering on our platform and setting up a customer account, you expressly consent to the collection and processing of your personal data in accordance with our Privacy Policy in the current version brought to your attention (https://www.we-elevate.at/datenschutz/).
8. General Terms of Use
You are obliged at all times to use our Services in conformity with the law and the contract. Any violation entails legal consequences, which may range from immediate termination of the contract to legal action by us, above all the enforcement of injunctive relief and claims for damages.
8.1 Our Services may be used exclusively on the basis of these GTC and in accordance with the applicable statutory provisions.
8.2 Services may be used exclusively for the agreed purposes and only to the extent of the acquired usage authorisation. Access to functions and data outside the operating screens and interfaces provided for this purpose (e.g. with the aid of third-party software) is prohibited. Likewise, the use or application of electronic or automated applications (e.g. web crawlers, robots, spiders or comparable applications), irrespective of their configuration or purpose, is not permitted. Furthermore, any commercial use for own purposes, editing and/or modification of the content provided by We Elevate, including training programmes and exercises, videos etc., is prohibited. We Elevate shall be indemnified and held harmless against any damage resulting from non-compliance with the contractual terms of use.
8.3 Customers are entitled to one customer account only. It is strictly prohibited and constitutes a material breach of contract for you — possibly under a pseudonym — to open several customer accounts and to use them, whether commercially or non-commercially, contrary to the law and the contract. Access to a customer account is reserved exclusively for the Customer and may not be passed on to and/or transferred to third parties.
8.4 Customers must protect their personal customer account, their registration and log-in data, as well as access to programme and training content and other Services against unauthorised access by third parties, misuse or fraudulent use. Access credentials to the customer account must at all times be stored carefully and treated confidentially. We Elevate must be notified immediately by e-mail to office@we-elevate.at of any form of unauthorised use of a customer account or registration data and of any other breach of these terms of use or of confidentiality or data security obligations that comes to the Customer’s knowledge. We are entitled to permanently monitor access to our IT systems by means of IP matching. The use of technologies that disguise, otherwise falsify or anonymise the Customer’s IP address when accessing IT systems of We Elevate and their Services (for instance programme and/or training content) (for example the Tor browser) is strictly prohibited. If, from our point of view, there are indications that a third party is using access to a customer account without authorisation or is violating these GTC, the customer account concerned may be blocked until the matter is resolved, and where appropriate permanently. In the event of a blocking of the customer account, the package price already paid will be retained until an unauthorised access to the customer account or its improper or abusive use or fraudulent use has been duly reported.
8.5 Every Customer undertakes
(a) to store, publish, transmit and distribute user content (images, text, depictions, videos etc.) only where they are authorised to do so;
(b) not to copy, distribute or transmit data without the express consent of the respective rights holder, or to read it out by technical means of any kind (e.g. crawlers or bots);
(c) not to store, publish, transmit or distribute any racist, insulting, harassing, discriminatory, defamatory, sexual, violence-glorifying or otherwise unlawful content;
(d) not to make untrue assertions about the race, religion, gender, sexual orientation, origin or social status of other customers, employees or sales partners of We Elevate;
(e) not to pretend, or to create the impression through their conduct or statements, that they are an employee or sales partner of We Elevate or that they have a business relationship with us going beyond this user agreement;
(f) not to send mass e-mails or spam messages;
(g) not to use software that enables “data mining” or otherwise intercepts or collects information in connection with the service;
(h) to refrain from any actions that lead to an excessive load on the servers and/or that may impair the use of Services by other customers;
(i) to refrain from disturbing other customers of We Elevate in their use of Services and from soliciting customers of We Elevate for their own business;
(j) not to undertake any disruptive interference with the software or hardware of We Elevate by technical or electronic means, in particular hacking attempts, brute-force attacks, the introduction of viruses/worms/trojans and other attempts at disruption;
(k) not to spy on, disclose or distribute personal or confidential information of other customers, sales partners, service providers or employees of We Elevate, or to abuse the privacy of other customers, employees, partner service providers or sales partners of We Elevate;
(l) to refrain from any unlawful, reputation-damaging or credit-damaging, improper or non-objective statements about or towards We Elevate and our Services, including untrue assertions of fact and defamatory criticism etc., and generally from anything that may adversely affect the reputation and credibility of We Elevate vis-à-vis third parties.
8.6 In the event of a violation of the terms of use set out here, we reserve the right to terminate the contract with immediate effect, to cancel the membership, to close the customer account and to initiate legal action against you. You may be held responsible by us for all damage underlying any misuse within the meaning of this provision and shall fully indemnify and hold We Elevate harmless in this respect.
9. Term and Termination
Contracts are concluded for a fixed term. Ordinary termination of the contract during the agreed term is not provided for. The parties’ right to extraordinary termination of the contract remains unaffected.
9.1 The contract between you and us is concluded for the duration of the selected service package and the term stated in writing on the invoice. Access ends automatically upon expiry of the purchased term without any need for termination. The right to extraordinary termination for good cause remains unaffected (see also clauses 9.2 and 9.3).
9.2 We Elevate is entitled to terminate the underlying contract for good cause with immediate effect if
(a) the customer account is used contrary to the law, the contract or its purpose and/or the Customer violates the relevant terms of use pursuant to clause 8; use of the customer account contrary to the law, the contract or its purpose leads to its temporary or permanent blocking and/or deletion by us (see clause 8.6);
(b) performance of the service is impossible or unreasonable for reasons attributable to the Customer and/or is delayed despite a grace period of 14 days being set;
(c) the Customer persistently violates material obligations under this contract, such as payment of an amount due or duties to cooperate, despite a written warning with a grace period of 14 days;
(d) a credit institution terminates its business relationship with the Customer, blocks the processing of the consumer’s payments, or the Customer’s bank account permanently freezes funds due to statutory compliance requirements, or renders performance of the contractual Services impossible or unreasonable.
9.3 The Customer is entitled to terminate the contract for good cause without setting a grace period if We Elevate violates material provisions of this contract and continues to violate these material provisions despite a written warning with a reasonable grace period of at least 14 days. Irrespective of this, you are entitled at any time to duly close your customer account via the corresponding account setting. The deletion of the customer account must be confirmed once. In this case, services already rendered shall be reversed in accordance with the statutory provisions.
9.4 After deletion of a customer account, we may store certain non-sensitive and non-confidential user content and personal data for a commercially reasonable period. We store account data for the duration of the contractual relationship. After the end of the contract, the data will be deleted or anonymised unless statutory retention obligations (for instance for invoice data and accounting records, which pursuant to sec. 132 of the Austrian Federal Fiscal Code (Bundesabgabenordnung — BAO) must be retained for a period of seven (7) years) prevent this. Push tokens are deleted upon deregistration, server logs after a short time, and technical event data of the app synchronisation after 24 hours at the latest. Reference is made to our Privacy Policy (https://www.we-elevate.at/datenschutz/).
10. Property Rights and Copyright
Our Services are based on intellectual property of ours, of our employees or of commissioned third parties. Individual Services qualify as works and consequently enjoy copyright protection. It is our obligation to safeguard the protection of intellectual property and copyright as well as the commercial interests therein and, where necessary, to enforce them legally.
10.1 Copyright and, in general, all protective and intellectual property rights in the processes, procedures and works created by We Elevate, our employees and commissioned third parties, including documents, graphics, information material, messages, invoices, data carriers, software etc. (“Works”), remain entirely with We Elevate. Unless covered by the contractual Services to the Customer and/or expressly provided for in these GTC, the Customer is not entitled to reproduce, distribute, copy, use and/or otherwise exploit the Works without the express consent of We Elevate. Under no circumstances does unauthorised reproduction/distribution of a Work give rise to any liability of We Elevate — in particular for the correctness of the Works — towards third parties.
10.2 In respect of the Works provided by us, the Customer receives, for the duration and for the purposes of the use of our Services, a non-exclusive, non-transferable and non-exploitable (e.g. by granting sub-licences) licence to use them for private use and in accordance with any end-user terms. With the exception of the right to make one backup copy, the user is prohibited (to the extent legally permissible) from reproducing, publishing, distributing or otherwise making available to third parties the software forming part of the Services or the associated documentation beyond normal use.
10.3 We are entitled to refer to We Elevate and, where applicable, to the relevant author on all advertising materials and in all advertising measures, without the Customer being entitled to any remuneration for this.
10.4 The Customer is strictly prohibited from removing copyright notices, trademarks or other reservations of rights from downloaded files. You are obliged at all times to preserve the identifiability of the author.
10.5 Changes to or editing of Services of We Elevate, in particular their further development by the Customer or by third parties acting for the Customer, are permitted only with the express consent of We Elevate and — where the Services are protected by copyright — of the author. The Customer has no claim to release of source materials.
10.6 The use of Services going beyond the respective service package requires — irrespective of whether the Service is protected by copyright — our express consent. For such use, We Elevate and/or the respective author or rights holder is entitled to reasonable remuneration.
10.7 The use of Services or advertising materials of We Elevate for which we have developed conceptual or design templates likewise requires our consent after expiry of the contract, against reasonable remuneration, irrespective of whether the Service is protected by copyright or not.
11. Rights in and Liability for Content
Content on our Website serves general information purposes only. Content made available by us within the scope of contractual Services is available to you for use to the extent of the selected service package. In respect of content that you provide via your customer account, the community or in the course of using the Elevate App, you grant us the right to use it and to share it with other customers. You are responsible for the accuracy and lawfulness of the content you upload. We review user content before its publication and reserve the right to reject user content.
11.1 “Content” means all media such as, for example, texts, images, graphics, drawings, videos, music, sounds, software, links and hyperlinks etc. Content that a Customer makes available by upload is referred to as “Customer Content”.
11.2 All rights in content made available to the Customer on the basis of our Services (including the design and layout of content) lie with us, with other customers or with third parties who have licensed content to us. We Elevate grants the registered Customer the limited, non-exclusive, non-transferable and non-sublicensable right to use the content made available to them exclusively within the scope of the service package selected by them for private use. The Customer is not entitled to use such content beyond its intended private use for other purposes.
11.3 We Elevate endeavours to review Customer Content carefully before its release for publication, but cannot warrant that it is correct, up to date, free of errors, in compliance with all applicable statutory provisions and/or free of third-party rights. The warranty and liability of We Elevate for damage in connection with Customer Content is therefore excluded to the extent legally permissible.
11.4 The Customer has no claim to have Customer Content provided by them released for publication and/or shared in the community. The decision lies exclusively with us. We Elevate reserves the right to delete proposed Customer Content should this become necessary.
11.5 Rights in Customer Content remain with the respective Customer. The Customer grants We Elevate a perpetual, non-exclusive, royalty-free, transferable (including sublicensable) and worldwide licence to use, store, present and, where applicable, reproduce their Customer Content for Services to them and other customers, for information purposes and for exchange within the community. The Customer also consents to We Elevate using the customer-specific (company) names, logos and performance results as a reference on the Website and our social media channels for a period of five (5) years without restriction; this irrespective of the continuation of the business relationship with the Customer concerned.
11.6 The Customer undertakes not to publish any content that impairs or violates the rights of third parties or is otherwise unlawful (including intellectual property rights and personality rights, claims under unfair competition and credit protection law, youth protection provisions, data protection law etc.). The Customer is personally responsible for the accuracy and lawfulness of the Customer Content they provide and shall indemnify and hold We Elevate harmless against all damage and all third-party claims in connection with the respective Customer Content. In the event that we intend to defend ourselves against claims by third parties (without being obliged to do so), the Customer will provide us with all information available to them that is required for the examination of the third party’s claims and for an appropriate legal defence.
11.7 If the Customer has a reasonable suspicion that their own Customer Content or the Customer Content of other customers violates statutory provisions or interferes with their rights or the rights of third parties, they must inform us of the alleged violation immediately by e-mail to office@we-elevate.at.
11.8 Content on the Website.
(a) The content of our Website serves solely and exclusively information purposes, which is why we exclude any liability for its accuracy, completeness and currency. Legal claims based on the use of content retrieved from the Website are excluded.
(b) The Website also contains links to external websites, over whose design or content we have no influence and for which we assume no liability or responsibility; we expressly do not adopt their content as our own. In particular, we cannot guarantee compliance with the applicable data protection provisions on the linked websites. Should you become aware of outgoing links that refer to a website with unlawful activity or information, we ask you to notify us accordingly so that we can remove them immediately in accordance with sec. 17 para. 2 of the Austrian E-Commerce Act (E-Commerce-Gesetz — ECG).
12. Warranty and Liability
We stand for the proper performance of our Services. They are rendered on the basis of generally accepted industry standards and practices, taking into account the respective state of the art. It is precisely this state of the art, however, that means a service free of errors and/or disruptions is not always possible and consequently cannot be warranted without reservation.
12.1 The Services of We Elevate are rendered on the basis of generally accepted industry standards and practices. We point out, however, that according to the current state of the art it is not possible to provide an internet-based service free of errors. We Elevate consequently gives no warranty that the Website will be available at all times without interruption and free of errors or that the software and hardware required to use our Services will always function without errors.
12.2 Access to our Services is possible only via a browser running on a computer or a mobile device with an internet connection. Other access methods are not supported. In order to use our Services to their full extent, the Customer must use the latest (browser) technologies or enable their use on their computer (e.g. activation of JavaScript, cookies, pop-ups). When older or less common technologies are used, our platform may only be usable to a limited extent. It is expressly pointed out that the display and printout of the data and content shown on the platform may deviate from the on-screen display due to individual hardware or software configurations and the Customer’s internet connection, without us having any influence on this or being able to be held responsible for it.
12.3 Network failures, disruptions, maintenance work or other unavoidable events not attributable to We Elevate may result in service interruptions. In such a case, We Elevate will endeavour honestly and in good conscience to remedy disruptions and interruptions as quickly as technically and economically possible. Should an unforeseen system failure impede the use of the Website, customers will be informed in an appropriate manner.
12.4 We give no warranty for the accuracy of the data transmitted by users, such as details of identity, address, qualifications, references or creditworthiness. Nor can we guarantee that data transport via third-party systems, in particular the internet or telecommunications networks, will not be tracked, recorded or falsified by third parties.
12.5 The Customer uses our Services at their own risk. This applies without restriction to the use of hardware (e.g. the respective smartphone etc.) and the downloading of own and third-party content by the Customer.
12.6 Furthermore, we give no warranty for external links, banners or other information and advertising offers that may be placed for the user. Legal transactions concluded between the user and a third-party provider, e.g. via linked pages or banners, create contractual relationships exclusively between the user and the third-party provider. We Elevate gives no warranty for the services of third-party providers.
12.7 We bear no responsibility for errors or other service failures of the Website or of the customer account where these are attributable to the following circumstances:
(a) errors of the hardware, the operating system or the software of other manufacturers and providers;
(b) application errors caused by the Customer which could have been avoided with proper and careful use;
(c) virus infection or other external influences not attributable to us, such as fire, accidents, power failure etc.;
(d) unauthorised modification by the Customer of the system environment for which the Website or the customer account was configured.
13. Exclusion of Liability
Our warranty as well as our liability is limited to the extent legally permissible.
13.1 Within the framework of the statutory provisions, We Elevate is liable for damage caused by corporate bodies, employees, vicarious agents or other persons contractually engaged to perform services to the contractual partner only where intent or gross negligence can be proven. Liability for slight negligence is excluded, except in the case of personal injury.
13.2 Except in the cases prescribed by law, neither We Elevate nor the companies affiliated with We Elevate are liable for damage that may arise from the use of the product range. This also applies to damage that may result from errors, problems, viruses or data loss.
13.3 We Elevate further assumes no liability whatsoever for the material offered for download or for material received by the user as a result of using the Services on the Website. The user alone is liable for any damage it might cause to their IT infrastructure or for the loss of data resulting from downloading any material connected with the Services from the Website.
13.4 The user assumes full liability for any complaint or action, whether judicial, extrajudicial or of any other kind, arising from or in any way connected with conflicts with other users. The user acknowledges and accepts that We Elevate is under no circumstances and in no way responsible for the acts or omissions of other users, nor for any damage arising from such acts or omissions.
13.5 Events of force majeure that materially impede or render impossible the performance of contractual Services entitle We Elevate to postpone the fulfilment of contractual obligations for the duration of the impediment plus a reasonable start-up period. Strikes, lockouts, official intervention not attributable to us and similar circumstances are equivalent to force majeure insofar as they are unforeseeable, beyond our control, serious and not the fault of We Elevate. Any liability of We Elevate is likewise excluded in these cases.
13.6 Exclusion of liability regarding measures by credit institutions and compliance checks.
(a) We Elevate is not liable for damage, delays, failures or financial losses incurred by the principal or their customers as a result of a participating bank or financial institution suspending transactions, freezing funds or blocking accounts (in particular in the context of know-your-customer checks, anti-money-laundering laws/AML, sanctions list screening or due to the geographical origin of the parties involved). We Elevate has no influence on the internal risk and compliance decisions of credit institutions.
(b) We Elevate is further not liable for delays, interruptions or damage caused by a credit institution used by the Customer (consumer) or an intermediary payment service provider stopping transactions, freezing funds or blocking accounts. This applies in particular to statutorily required measures by banks for identity verification (KYC), for the prevention of money laundering (Payment Services Act, Anti-Money Laundering Act) or for compliance with sanctions provisions, over which the entrepreneur has no influence. The liability of We Elevate for intent and gross negligence remains unaffected.
14. Fees, Payment Terms
Unless otherwise provided, our Services are subject to a fee. By registering, a user agrees to the service fees and pricing models of We Elevate as shown at https://www.we-elevate.at/register/.
14.1 Our Services are subject to a fee. In the course of registration, you expressly agree to the price quoted for the service package selected by you and to our payment terms, each as shown at https://www.we-elevate.at/register/.
14.2 Your access to the services of the platform is purchased as a one-time payment for a fixed term (depending on the selected service package, approximately three (3) months, four (4) years or eight (8) years; decisive in this respect are your details provided upon registration and selection of a service package as well as our invoice).
14.3 The service package selected by you does not constitute a subscription; there is no automatic renewal after expiry of the package-specific contract term.
14.4 All prices are in euros and net, plus the statutory value added tax of the invoicing country; the final amount is displayed before completion of the order process.
14.5 Payment is made either by SEPA bank transfer to our business account (with a structured payment reference; activation takes place automatically upon receipt of payment) or via the payment service provider Stripe (credit/debit card, Apple Pay, Google Pay). Promotional codes (vouchers) may provide for a different price and/or access term; the display in the order process is decisive.
14.6 Fee claims are in principle due for payment in full immediately upon receipt of the invoice or request for payment on account. We Elevate renders its Services only upon full settlement of the agreed package price. In the event of late payment by the user, we charge — unless higher costs have been incurred — statutory default interest beginning on the 15th day after the invoice date. The reminder, information and other costs associated with collection shall be borne by the Customer. The use of Services is excluded for the duration of a payment default; we reserve the right to block the customer account for this period.
14.7 The Customer may only set off claims against We Elevate insofar as they have been acknowledged by We Elevate or established by final and binding court decision.
14.8 All tax liabilities arising from the contractual relationship with We Elevate, with the exception of income tax, shall be borne by the Customer. We Elevate shall be indemnified and held harmless against any unjustified claims for such taxes.
15. Mobile Applications, Technical Requirements
You need up-to-date technology and internet access in order to use our Services smoothly. We cannot guarantee complete protection against viruses and other technical risks, and we are not liable for uninterrupted or fault-free access to our Services.
15.1 Mobile applications of We Elevate are available exclusively to owners of smartphones. The services of We Elevate are available for Apple iPhones and Android and, in the future, also for further smartphones. It is pointed out that the general terms of use and business terms of the smartphone providers are neither replaced nor supplemented by these GTC and therefore apply to the user without restriction.
15.2 Use of the Services requires internet access and a suitable, up-to-date end device including a browser with the technical capacity for the graphical display of the app or Website. Use of the Services generates a considerable data volume, which may cause costs, particularly with mobile use. We Elevate therefore recommends a flat rate. The costs and risk of internet data traffic lie exclusively with the user.
15.3 The user is aware that, due to the technical characteristics of the internet, complete protection against viruses, trojans, spyware etc. can never exist. We Elevate therefore cannot guarantee such protection either. We Elevate does not warrant any particular availability of the Services and expressly reserves the right to interrupt them for technical or other reasons.
15.4 We Elevate cannot guarantee that access to the app or individual services is possible at all times without interruption and free of errors. We Elevate is not liable for disruptions or impairments that lie outside the sphere of We Elevate. The user is therefore responsible for regularly updating the software they use, for regular data backups, for up-to-date virus protection and for effective firewall systems.
16. Choice of Law and Jurisdiction
These GTC are governed exclusively by Austrian law. In the event of court proceedings, the court having subject-matter jurisdiction at the registered office of We Elevate shall be seised. For consumers, the consumer venue applies.
16.1 Austrian law applies exclusively. The application of the provisions of the Austrian Act on Private International Law (IPRG) and other conflict-of-law rules as well as the United Nations Convention on Contracts for the International Sale of Goods (UN CISG) is excluded.
16.2 For the resolution of disputes arising from and in connection with the present contract, including the question of its valid conclusion, its existence or non-existence and any challenge to this contract, exclusively the court having subject-matter jurisdiction at the registered office of We Elevate at the time the action is brought shall be seised.
16.3 For actions against consumers within the meaning of the KSchG who have their domicile or habitual residence in Austria or are employed in Austria, the venue in whose district the consumer has their domicile, habitual residence or place of employment applies.
17. Miscellaneous
To the extent not already covered, here are a few concluding points that we wish to have settled for good order’s sake.
17.1 Amendments and/or additions to these GTC must be made in writing. This also applies to any waiver of this written form requirement. E-mail satisfies the written form requirement; communications from We Elevate to the user are sent to the e-mail address provided by the user upon registration or in the course of an update of the user account.
17.2 Should any clause of these GTC be legally void or ineffective, this shall not affect the validity of the remaining provisions. Any void or ineffective provisions shall be replaced by valid ones that come closest to the intended economic purpose.
17.3 The language of the contract is German.
17.4 Our contact.
We Elevate Sales GmbH (FN 685567 m)
Gewerbering 19/1/4, 3484 Grafenwörth, Austria
Legal representative: David Hofmann
E-mail: office@we-elevate.at
Web: https://www.we-elevate.at/
Privacy Policy: https://www.we-elevate.at/datenschutz/