Terms of Service (ToS)

Notice: These Terms of Service (ToS) have been drafted in the German language. The German version alone is legally binding and authoritative for the contractual relationship between Brink and its customers. Any translations of these ToS into other languages are provided merely as a non-binding reading aid for informational purposes only and shall have no legal effect. In particular, translations do not constitute a declaration of intent or knowledge by Brink. In the event of any conflict, discrepancy, or ambiguity between the German version and a foreign-language translation, the German version shall exclusively prevail. No claims may be derived against Brink from a translation. Brink assumes no liability for translation errors or misunderstandings resulting from a foreign-language version.

Scope, Subject Matter of the Agreement, and Business Status

1. Scope. These Terms of Service (hereinafter “ToS”) govern the contractual relationship between
   
   Brink FlexCo
   Messingstraße 32
   5323 Ebenau
   Austria
   
   Company Register Number: FN 654775 f
   Company Register Court: Regional Court of Salzburg
   
   (hereinafter “Brink” or “we/us”)
   
   and its customers (hereinafter “Customer”) for the use of the SaaS service offered by Brink.
2. Subject Matter of the Agreement. The subject matter of the agreement is the provision for a fee of the Software-as-a-Service (SaaS) solution “Brink” (hereinafter “Service”). Brink is an online tool for the AI-powered creation, management, and sharing of brand guides. The Service is operated by Brink on a distributed IT infrastructure and used by the Customer via the internet.
3. Business Status. Brink’s offer is directed exclusively at businesses, a legal status under Austrian law referred to as “Unternehmer”. The conclusion of an agreement with consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) is excluded. By checking the corresponding confirmation box during the order process and concluding the agreement, the Customer warrants that they are not concluding this agreement as a consumer, but for business purposes. This includes use for their own company, in the exercise of an independent professional activity, or on behalf of and for the purposes of a third-party company (e.g., as an employee, freelancer, or agency).
4. Exclusivity. These ToS shall apply exclusively. Any conflicting terms and conditions of the Customer or terms and conditions that deviate from these ToS shall not become part of the agreement, even if Brink performs its services with knowledge of such conditions, unless Brink has expressly agreed to their validity in writing.

Conclusion of the Agreement and Trial Period

1. Presentation of plans. The presentation of the plans on our website and within the Service does not constitute a legally binding offer, but rather an invitation to the Customer to submit an offer (invitatio ad offerendum).
2. Free trial period. The Customer may initially use the Service as part of a free, functionally limited trial period (“Free Plan”). The scope of the trial period is described in more detail on Brink’s website. Brink reserves the right to change or discontinue the scope of the trial period at any time. The use of the trial period does not give rise to any claim to the conclusion of a paid agreement.
3. Formation of the paid agreement. The Customer submits a binding offer to conclude a paid agreement by selecting a paid plan within the Service and completing the order process by clicking on the appropriately labeled button (e.g., “Upgrade subscription”, “Pay and subscribe”, etc.). Brink accepts this offer through the immediate technical activation of the selected plan following successful payment processing; the agreement is concluded upon this activation. A confirmation email sent subsequently serves merely to document the conclusion of the agreement. The material information of the agreement, in particular the selected plan, the term, and the fee, as well as the ToS and the Data Processing Agreement (DPA) valid at the time of conclusion, are available to the Customer at any time in their personal account area or, in the case of the latter two, on Brink’s website.
4. Truthful information. The Customer is obligated to provide truthful and complete information during the registration and order process and to keep their data (in particular contact and payment information) up to date at all times.

Scope of Services, Support, and Technical Availability

1. Scope of services. The specific scope of the services provided by Brink (e.g., number of brand guides, storage space, extent of AI usage) depends on the subscription plan selected and booked by the Customer (“Plan”). The currently available Plans and their detailed scope of services can be viewed on Brink’s website.
2. Right to further development. Brink continuously enhances the Service. Brink is therefore entitled to change, update, and further develop the Service, its functionalities, and its appearance at any time, as long as the achievement of the purpose of the agreement is not materially impaired for the Customer.
3. Support. Brink provides technical support in the event of Service disruptions primarily via a ticket system, as well as by email. Support services are rendered on business days (Monday to Friday, excluding public holidays at Brink's registered office) during normal business hours. The exact support services (e.g., prioritized support) may vary depending on the selected Plan. Brink does not guarantee any specific response or resolution times unless otherwise agreed in writing.
4. Technical availability. Brink shall endeavor to ensure the highest possible availability of the Service. However, uninterrupted and fault-free availability at all times is not possible according to the current state of technology and is therefore expressly not guaranteed or owed by Brink. Claims by the Customer shall not arise, in particular, in the event of failures or disruptions attributable to:
   1. scheduled maintenance work, which will be carried out during low-traffic periods whenever possible;
   2. force majeure (e.g., strikes, natural disasters, pandemics);
   3. third-party attacks (e.g., viruses, hacker attacks);
   4. failures of third-party systems or communication networks over which Brink has no control (e.g., disruptions at the cloud infrastructure provider or internet provider);
   5. causes for which the Customer is responsible, in particular errors in the hardware or software used by the Customer or in their internet connection.
5. Exclusion of the obligation to update. The obligation to provide updates pursuant to § 7 of the Austrian Act on the Provision of Digital Services (VGG) in conjunction with § 1 (3) VGG is excluded in its entirety, unless expressly agreed otherwise.

Beta Services and Test Features

1. Provision. Brink may, at its own discretion, grant the Customer access to new services or features that are not yet generally available and are provided for testing and evaluation purposes (“Beta Services”). The use of Beta Services is always optional for the Customer and occurs outside the scope of the regularly owed services.
2. Nature and risks. The Customer acknowledges that Beta Services are in an early stage of development and are provided “as is” without any warranty for defects. Beta Services may contain errors, defects, or inaccuracies that could lead to operational failures, data loss, or other damages. Brink makes no guarantees regarding the reliability, security, or performance of Beta Services and reserves the right to materially change or completely discontinue them at any time without prior notice.
3. Warranty and liability exclusion. For Beta Services, any warranty for functionality, availability, or freedom from errors is excluded. Any liability of Brink for damages arising from or in connection with the use of Beta Services is excluded to the maximum extent permitted by law. This exclusion does not affect liability for fraudulent intent (“Arglist”) and willful misconduct (“Vorsatz”), nor liability based on mandatory statutory provisions, such as for personal injury or under the Product Liability Act.
4. Feedback. If the Customer provides feedback in connection with Beta Services, the provisions of § 14 (Feedback) of these ToS shall apply.
5. Confidentiality. The Customer undertakes to treat all non-public information about Beta Services, including their existence, functions, and performance characteristics, as confidential and not to disclose it to third parties without the prior written consent of Brink.

Usage Rights and Intellectual Property

1. Usage rights. For the duration of the paid agreement, Brink grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to access the Service via the internet and to use its functions to the contractually agreed extent.
2. Intellectual property. All rights to the Service, the underlying software, to marks, logos, designs, as well as all copyrights, trademarks, and other industrial property rights shall remain exclusively with Brink or its licensors. The Customer does not acquire any rights beyond the usage right specified in Section 4.1.
3. The Customer is, in particular, prohibited from:
   1. reproducing, renting, leasing, selling, or otherwise distributing the Service or parts thereof;
   2. decompiling, reverse engineering, or otherwise attempting to make accessible the source code or other trade secrets of the Service, unless expressly permitted by mandatory law;
   3. removing, altering, or obscuring any copyright notices, trademarks, or other proprietary markings of Brink.

Permitted Use, Prohibited Activities, and Right of Suspension

1. General responsibility of the customer. The Customer is fully responsible for all activities that occur under their account. The Customer is obligated to keep their access credentials (passwords, etc.) secure, confidential, and protected from access by unauthorized third parties. Brink must be informed immediately in case of suspected misuse. An individual person may only register once. The account is not transferable to third parties. The Customer may not pass on their access credentials to third parties or allow third parties to use their account (“account sharing”).
2. Prohibited activities. The Customer is strictly prohibited from using the Service in a manner that:
   1. violates applicable law (in particular criminal, competition, and copyright law) or the rights of third parties (e.g., trademark, personality, or data protection rights);
   2. uploads, publishes, or distributes content that is glorifying violence, discriminatory, offensive, racist, pornographic, harmful to minors, or otherwise illegal or immoral;
   3. is aimed at impairing or circumventing the integrity, stability, or security of the Service (e.g., by introducing viruses, trojans, or through denial-of-service attacks);
   4. places an unreasonable load on Brink's infrastructure (e.g., through mass mailing of messages or excessive scraping);
   5. serves to systematically extract data or content from the Service in order to build a separate collection or database or to copy Brink's Service;
   6. is used for the purpose of sending unsolicited advertising (spam) or for phishing attempts.
3. Right of suspension, deletion, and termination. In the event of a violation or a justified suspicion of a violation of the obligations mentioned in this section, Brink is entitled, at its own discretion and without prior notice, to take one or more of the following measures:
   1. to temporarily or permanently suspend the Customer's access to the Service;
   2. to immediately delete the relevant unlawful or abusive content;
   3. to terminate the agreement for cause without notice.
4. Special rights of Brink. Notwithstanding the provisions in 5.3, Brink is entitled to suspend and/or delete accounts without prior notice if one of the following reasons exists:
   1. The email address provided during registration is not confirmed within 48 hours;
   2. Disposable email addresses are demonstrably used for registration;
   3. The account is not converted to a paid plan after the free trial period has expired and shows no activity for a period of more than 90 days.
5. Cooperation with authorities. Brink reserves the right, in cases of overtly illegal activities, to inform the competent law enforcement authorities and to cooperate with them within the framework of the statutory provisions to investigate the act.

User-Generated Content (UGC), Grant of Rights, and Indemnification

1. Responsibility and warranty for user content. “User Content” refers to all data, texts, graphics, images, logos, fonts, and other materials uploaded, created, or published in the Service by the Customer or on their behalf. The Customer is solely and exclusively responsible for their User Content. The Customer warrants that:
   1. they hold all necessary rights (in particular copyrights, trademarks, licenses, and personality rights) to the User Content they upload, in order to use it as intended within the scope of the Service;
   2. their User Content does not violate applicable law or the provisions of these ToS (in particular § 5).
2. Grant of Rights (License). In order to technically provide the Service to the Customer, the Customer grants Brink a non-exclusive, worldwide, royalty-free right, limited to the term of the agreement, constituting a license under Austrian law (“Werknutzungsbewilligung”), to use the User Content. This right includes, in particular, the storage, reproduction, formatting, technical processing, and making publicly available (e.g., when sharing a brand guide at the Customer's instruction), to the extent necessary for the provision of the services in accordance with the agreement.
3. Indemnification. Should a third party assert a claim against Brink for a legal infringement (e.g., copyright or trademark infringements) attributable to the Customer's User Content, the Customer undertakes to fully indemnify and hold Brink harmless from any and all claims arising from such an infringement. The indemnification expressly includes the costs of a reasonable legal defense (including court and attorney's fees). Brink will inform the Customer of such a claim without delay. Brink is entitled, but not obligated, to conduct the sole legal defense and to manage settlement negotiations. The Customer hereby assigns to Brink all necessary procedural rights for this purpose. The Customer is obligated to promptly provide Brink with all information and documents necessary for the defense and to support Brink in defending against the claims at their own expense to the best of their ability.

Use of Artificial Intelligence (AI), Compliance, and Responsibility

1. Provision and regulatory classification. Brink uses AI services from third-party providers to deliver certain functionalities. By integrating these AI functions into its Service and offering them under its own brand, Brink acts as a “provider” within the meaning of Regulation (EU) 2024/1689 (“AI Act”). Brink takes the measures required by applicable law to comply with its provider obligations.
2. Responsibility for inputs and outputs. The Customer acknowledges that the content generated by the AI functions (“Brand Assistant”) serves merely as a support service in the form of drafts and suggestions, and that its quality depends significantly on the instructions entered by the Customer (so-called “prompts”). The Customer undertakes not to enter any sensitive, confidential, or personal data of third parties into the AI functions without a corresponding legal basis. The use of the AI functions does not release the Customer from their duty of care. The Customer bears the sole and non-delegable final responsibility to comprehensively review all AI content they use before its application or publication. The Customer acknowledges that AI content is not necessarily unique and may be based on third-party content. Brink provides no guarantee that the AI content is free from third-party rights. This duty of review extends in particular to:
   1. factual accuracy and completeness;
   2. legal permissibility, especially with regard to copyright, trademark, competition, and personality rights of third parties;
   3. suitability for the specific purpose intended by the Customer.
3. Permitted use. The Customer undertakes to use the AI functions exclusively in accordance with applicable law and, in particular, not to use them for the creation or dissemination of content that is illegal, harmful, discriminatory, misleading, or immoral, or that violates the rights of third parties.
4. Indemnification regarding AI content. If the Customer uses AI content and thereby infringes the rights of third parties, the Customer shall fully indemnify Brink from any and all resulting third-party claims, including the costs of a reasonable legal defense. This indemnification obligation applies in particular if the claim is based on the Customer's failure to comply with their duty of care and review under Section 7.2 or on a violation of the permitted use under Section 7.3.
5. Compliance with regulations by the customer. The Customer is solely responsible for complying with all legal provisions applicable to them when using the AI content. This includes, in particular, any transparency obligations (e.g., labeling AI-generated content towards end users) under the AI Act or other applicable laws.

Fees, Payment, and Default

1. Fees and prices. The amount of the fee to be paid for the use of the Service is based on the Plan selected by the Customer. The prices published on Brink's website at the time the agreement is concluded shall apply. All prices are net prices in Euro, plus the respectively applicable statutory value-added tax (VAT).
2. Invoicing and due date. Billing occurs monthly or annually in advance, depending on the selected Plan. The invoice will be sent to the Customer in electronic form (e.g., as a PDF) to the email address they have provided. The fee is due for payment immediately upon receipt of the invoice and without deductions.
3. Payment processing. Payments are processed via the external payment service provider commissioned by us (currently Stripe). The payment methods displayed during the order process (e.g., credit card, SEPA Direct Debit) are available. The Customer is obligated to ensure sufficient funds are available and to keep their payment information up to date at all times.
4. Default in payment. If the Customer defaults on their payment obligations, Brink is entitled to:
   1. charge statutory default interest for business transactions at a rate of 9.2 percentage points above the base interest rate (§ 456 Austrian Commercial Code, UGB);
   2. claim a lump sum for collection costs in the amount of EUR 40.00 (§ 458 Austrian Commercial Code, UGB);
   3. suspend the Customer's access to the Service after a prior reminder and the setting of a reasonable grace period until all outstanding receivables are paid in full. The Customer's obligation to pay the fee shall remain unaffected during the suspension.
5. Chargeback costs. All costs and fees incurred by Brink due to a payment chargeback or a declined payment for which the Customer is responsible shall be borne in full by the Customer.
6. Prohibition of set-off and retention. The Customer is not entitled to set off their own claims against claims of Brink or to withhold payments for any reason. This shall not apply to counterclaims that have been acknowledged in writing by Brink or have been finally determined by a court of law.

Term and Termination

1. Term and automatic renewal. The agreement is concluded for an indefinite period and has the minimum term of one month or one year, as selected by the Customer at the time of ordering. After the expiration of the minimum term, the agreement shall automatically renew for the same respective period, unless it is terminated by either party in accordance with Section 9.2.
2. Termination for convenience. Both parties may terminate the agreement at any time without giving reasons, with effect at the end of the current billing period (month or year). The termination requires text form (e.g., via email or through the corresponding function in the customer account).
3. Extraordinary termination. The right of both parties to extraordinary termination for cause remains unaffected. Good cause for Brink shall exist in particular if:
   1. the Customer is in default with the payment of the fee for a period of more than 30 days;
   2. the Customer materially or repeatedly breaches their material contractual obligations (in particular those under § 5 and § 6);
   3. insolvency proceedings are initiated against the Customer's assets, or the initiation of such proceedings is rejected due to a lack of assets to cover the costs.
4. Consequences of termination. Upon the termination becoming effective, the Customer's right to use the Service shall cease. The Customer's access will be terminated. The Customer is solely responsible for backing up and exporting their User Content under their own responsibility before the end of the agreement. Brink is entitled, and for data protection reasons generally obligated, to irrevocably delete all of the Customer's User Content 30 days after the termination of the agreement. A claim to the return or restoration of the data after this point in time is excluded. A refund of fees paid in advance for the period after the termination becomes effective is excluded.

Liability

1. Principle. Unless otherwise stipulated in this agreement, claims for damages against Brink are excluded. This exclusion does not apply to damages caused by Brink's fraudulent intent (“Arglist”), willful misconduct (“Vorsatz”), or in cases of cras / gross negligence, a particularly severe degree of negligence under Austrian law (“krass grobe Fahrlässigkeit”).
2. Mandatory statutory liability. Liability based on mandatory statutory provisions, such as for personal injury (injury to life, body, or health) or under the Austrian Product Liability Act (PHG), remains unaffected by the limitations of liability in this section.
3. Liability for Gross Negligence. To the extent legally permissible, liability for ordinary gross negligence (“grobe Fahrlässigkeit”) that does not qualify as the more severe cras / gross negligence (“krass grobe Fahrlässigkeit”) is excluded. In all other cases, liability for damages caused by cras / gross negligence (“krass grobe Fahrlässigkeit”) is limited in total per incident to a maximum of the agreed annual net fee (annual fee).
4. Indirect damages and lost profit. To the extent legally permissible, liability for indirect damages, consequential damages, lost savings, and lost profits is excluded, even in cases of gross negligence.
5. Burden of proof. The Customer bears the burden of proof for the existence of fault on the part of Brink, in particular for the existence of willful misconduct or cras / gross negligence.
6. Applicability to agents. The aforementioned limitations and exclusions of liability shall also apply to the same extent in favor of the legal representatives, employees, and other vicarious agents of Brink.
7. Limitation period. All claims of the Customer arising from this contractual relationship, in particular warranty and damage claims, shall become time-barred within twelve (12) months from knowledge of the damage and the damaging party, but in any case within three (3) years after the respective service was rendered. This does not apply to claims based on willful misconduct.

Warranty and Remedy of Defects

1. Description of services. For the paid parts of the Service, Brink warrants that the Service will maintain the essential functions described on the website during the term of the agreement.
2. Definition of defect. A defect does not exist in the case of merely insignificant impairments of use or in the case of service limitations arising from these ToS (e.g., scheduled maintenance). In particular, for the content generated by the AI services, as detailed in § 7.2, no warranty is provided for its accuracy, completeness, or suitability for a specific purpose; this expressly does not constitute a defect.
3. Notification of defects. The Customer is obligated to report any occurring defects to Brink in text form (an email to hello@brink.guide is sufficient) without undue delay, and at the latest within seven (7) business days of their discovery, providing a detailed description of the problem, including any error messages and reproducible steps. A breach of this obligation to notify leads to the loss of warranty claims.
4. Priority of rectification. In the event of a timely reported, material defect, Brink has the right to choose to remedy the defect by rectification (e.g., through a patch, update, or by providing a workaround). The Customer shall only be entitled to a price reduction or rescission of the agreement (Vertragsauflösung) if at least two attempts at rectification by Brink have failed or if Brink has unjustifiably refused rectification.
5. Exclusion of Right to Cure by Customer. The Customer is not entitled to remedy defects themselves or through third parties or to circumvent their effects through their own measures (in particular by developing workarounds) and to demand from the company reimbursement for the necessary expenses incurred – whether for internal time or external costs. This right to reimbursement of expenses, a concept known in Austrian law as remedy by substitute performance (“Ersatzvornahme”), is only available to the Customer after the rectification attempts mentioned in Section 11.4 have failed or in the case of culpable delay or unjustified, final refusal of subsequent performance by the company in accordance with statutory provisions.
6. Exclusion of warranty. The warranty is excluded for defects resulting from improper operation, circumstances for which the Customer is responsible (e.g., use of unsuitable hardware or software), force majeure, or disruptions within the sphere of third parties (e.g., the Customer's internet provider).

Data Protection and Data Processing Agreement (DPA)

1. General data protection. Brink processes the Customer's personal data for the performance of the agreement in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Detailed information on this can be found in the Privacy Policy available on Brink's website.
2. Data processing. To the extent that Brink processes personal data on behalf of the Customer in the course of providing the services (e.g., data that the Customer enters or uploads into the brand guides), the Customer acts as the controller and Brink as the processor under data protection law.
3. Applicability of the DPA. The rights and obligations of the parties in the context of data processing are governed by a separate Data Processing Agreement (DPA). This DPA is an integral and mandatory part of the contractual relationship. By concluding the main agreement, the Customer accepts the DPA available in its most current version on Brink's website.
4. Responsibility of the customer. As the controller, the Customer is solely responsible for ensuring the lawfulness of the collection, processing, and use of the personal data they enter into the Service under data protection law.

Amendments to the ToS and Services

1. Right to amend. Brink is entitled to amend these ToS, the scope of services (§ 3), the prices (§ 8), and the Data Processing Agreement (DPA) at any time, in particular to respond to changes in the legal or economic framework, to technical developments, or to changes in operational procedures.
2. Material amendments.
   1. Material amendments are those that significantly affect the existing contractual structure, in particular changes to prices, the scope of the main contractual services, or liability provisions.
   2. The Customer will be notified of material amendments in text form (e.g., via email) at least four weeks before their planned effective date. The notification will contain the amended provisions and the effective date.
   3. The material amendments are deemed to be approved by the Customer if they do not object in text form within four weeks of receiving the notification. In the amendment notification, Brink will specifically inform the Customer of this effect of approval, the objection period, and the consequences of an objection.
   4. If the Customer objects to a material amendment in due time, Brink is entitled to extraordinarily terminate the contractual relationship for cause with effect from the date the amendment comes into force.
3. Non-material amendments.
   1. Non-material amendments, in particular those of an editorial nature, for clarification, or those that do not noticeably affect the balance of service and consideration, may be made by Brink at any time.
   2. Non-material amendments become effective upon their publication on Brink's website. A separate notification to the Customer is not required. The Customer is obligated to regularly inform themselves about the current version of the ToS.
4. Users without an active agreement. For visitors to the website and users of the free trial plan (“Free Plan”) who have not concluded a paid agreement with Brink, the version of the ToS available on Brink's website at the time of the respective use shall always apply.

Use as a Reference and Feedback

1. Use as a reference. The Customer grants Brink the royalty-free right to use the Customer's name and logo for marketing and reference purposes.
2. Duration and scope of the right. The right of use exists for the active duration of the contractual relationship. After the termination of the agreement, the following applies:
   1. The creation of new marketing materials with the Customer's name or logo is no longer permitted.
   2. The continued use of already created, non-public, or undated marketing materials (e.g., in presentations, sales documents) is permissible for a period of 24 months after the termination of the agreement.
   3. Already published, dated, and public digital content (in particular social media posts, blog articles, or press releases) may remain available online in its original form, as it is considered part of the historical corporate communication.
3. Revocation. The Customer may revoke this consent to be used as a reference at any time for good cause in writing (e.g., via email to hello@brink.guide). A revocation does not affect the permissibility of the continued availability of content according to Section 14.2.c, provided its original publication date remains clearly visible.
4. Feedback. Should the Customer provide Brink with suggestions, ideas, or other feedback for improving the Service (“Feedback”), this is done on a voluntary basis. The Customer hereby grants Brink a worldwide, non-exclusive, perpetual, irrevocable, and royalty-free right to use, copy, modify, and otherwise exploit any feedback for any purpose, without any compensation or attribution being due to the Customer.

Final Provisions

1. Applicable law. This contractual relationship and all disputes arising from or in connection with it shall be governed exclusively by Austrian law, to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Jurisdiction. For all disputes arising from or in connection with this agreement, the exclusive jurisdiction of the court having subject-matter jurisdiction for the registered office of Brink is agreed.
3. Language of the agreement. The language of the agreement, communication, and negotiation is German. Any translations of these ToS into other languages are for informational purposes only; in the event of conflicts or questions of interpretation, the German version shall be solely authoritative.
4. Text form. Amendments and additions to this agreement must be in text form (e.g., email) to be effective. This also applies to any deviation from this formal requirement. There are no oral side agreements.
5. Receipt of declarations. Legally relevant declarations from Brink to the Customer (e.g., terminations, reminders, notifications of contractual changes) shall be made in text form to the last email address provided by the Customer and shall be deemed to have been received upon arrival in the Customer's email inbox. The Customer is solely responsible for providing a functioning email address for the receipt of contractually relevant declarations and for ensuring its regular retrieval. Brink must be notified of any changes to the email address without delay. Brink is not obligated to verify the currency of the contact details provided by the Customer or to conduct inquiries.
6. Prohibition of assignment. The Customer may only assign or transfer rights and obligations under this agreement to third parties with the prior written consent of Brink.
7. Subcontractors. We are entitled to engage third parties in the provision of services (subcontractors) without your prior consent.
8. Exclusion of Rights of Rescission. The rescission or adjustment of this agreement by the Customer on the grounds of error or laesio enormis (a civil law doctrine also known as “Verkürzung über die Hälfte” under § 934 of the Austrian Civil Code, ABGB, allowing for rescission in cases of gross disparity of consideration) is excluded.