Last Updated: June 18, 2025
In Short: By using WhereTheyTalk, you enter a binding agreement with us and accept all terms.
These Terms of Use ("Terms") constitute a legally binding agreement between you (the "User" – whether an individual or a business entity) and Perjan Professional Product Partners FlexKapG (the "Company," "we," "us," or "our"), an Austrian Flexible Company (FlexKapG) registered in Austria with its business address at Heiligenstädter Lände 29 / 2.OG, 1190 Vienna, Austria.
These Terms govern your access to and use of the WhereTheyTalk software-as-a-service platform, including any related website, application, or services (collectively, the "Service"). By accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available on our website). If you do not agree with these Terms, do not use the Service.
You represent that you are of legal age and have the authority to enter into this agreement. If you are using the Service on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, in which case "you" refers to that organization.
These Terms are the legal basis for your interaction with the platform – any use of the Service is conditioned on and subject to these Terms. If you have a separate written contract with us (for example, an enterprise agreement), its terms will prevail to the extent of any conflict with these Terms.
We reserve the right to modify or update these Terms from time to time. We will notify you of material changes (for example, by posting the updated Terms with a new effective date or via email). By continuing to use the Service after any changes become effective, you agree to the revised Terms.
Note: The Service is intended for business (B2B) users. These Terms have been designed for business-to-business transactions. In the exceptional event that a consumer (as defined under Austrian law) uses the Service, these Terms will apply only to the extent they do not conflict with any mandatory provisions of consumer protection law.
In Short: WhereTheyTalk helps you discover relevant online conversations from third-party platforms (like Reddit or Hacker News) using web scraping and AI, but we don't publish any user content on our own platform.
WhereTheyTalk is a B2B SaaS platform that allows users to find and follow "live" online discussions relevant to their interests or business. You can define specific search targets or keywords, and our system will periodically scan and scrape public content from third-party platforms such as Reddit and Hacker News to identify conversations matching your criteria.
Our Service leverages automated scripts and artificial intelligence models to analyze content and match it to your defined targets. The results are then provided to you through our dashboard or reports. The Service is designed to help you discover and monitor publicly available discussions; it does not allow you to post your own content to those third-party platforms through our system, and no user-generated content is hosted, published, or shared by users on WhereTheyTalk itself (the platform is read-only from the user's perspective).
All content surfaced to you originates from external sources; we simply aggregate and filter that content for your convenience.
You may use WhereTheyTalk solely for your internal business purposes, such as market research, social listening, or competitive intelligence. You agree to use the Service only as intended and in compliance with these Terms and all applicable laws.
Because our Service involves scraping public websites on your behalf, you acknowledge that availability of third-party content can vary and is subject to the terms and policies of those external platforms. We are not affiliated with Reddit, Hacker News, or other platforms from which content is sourced, and the Company has no control over the content on those platforms.
We do not guarantee that any particular platform will be supported at all times or that all content (or any specific content) on those platforms will be captured by our Service. The scope and functionality of the Service may evolve over time as we improve our product; we will aim to inform you of major changes.
In Short: You need to create an account to use WhereTheyTalk, keep your credentials secure, and provide accurate information. You are responsible for how your account is used.
To access the Service, you must create a user account. When registering, you agree to provide true, current, and complete information about yourself and (if applicable) your organization. You must keep your account information updated promptly if it changes.
Each user (or business entity) is generally limited to one account, unless expressly permitted by us. Accounts are non-transferable – you may not sell, license, or give your account to anyone else (except authorized users within your organization, as permitted by your subscription).
If you create an account or subscription on behalf of a company or other entity, you must have the authority to do so, and you must ensure that all individuals who access the Service through your account comply with these Terms.
You are responsible for maintaining the confidentiality and security of your login credentials. Do not share your password or API keys (if any) with any unauthorized person. If you believe your account has been compromised or accessed without authorization, you must notify us immediately.
We are not liable for any loss or damage arising from unauthorized use of your account (except where due to our own negligence or breach of these Terms). You are responsible for all activities that occur under your account credentials, whether or not you personally performed them, so please use strong passwords and guard them carefully.
In using the Service, you agree to behave responsibly and lawfully. You will not use the Service in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party's use. You will not attempt to bypass any security or access controls of the Service, and you will not try to access data or content to which you have no rights.
Further prohibited uses are detailed in Section 7 (Acceptable Use); please ensure you read and comply with those rules. If you violate account or use restrictions, we may suspend or terminate your account as described in Section 6.
In Short: We may offer a free trial for new users. After that, continued use requires a paid subscription under the plans we offer.
Your use of WhereTheyTalk may begin with a free trial period, if offered. The specific terms of any free trial (such as duration and included features) will be indicated at the time you sign up. Free trials are intended for new users to evaluate the Service.
We reserve the right to determine your eligibility for a free trial (for example, to prevent abuse, we might limit one trial per company or per person). During the free trial, you will not be charged any subscription fees. At the end of the trial, your access to the Service will expire unless you choose to upgrade to a paid subscription plan.
We may, at our discretion, allow you to transition seamlessly to a paid plan by providing your payment information before or when the trial ends – in such case, once the trial period lapses, we (or our payment processor) will begin charging you for the subscription plan you selected.
If you do not wish to convert to a paid plan, you must cancel before the trial ends to avoid any charges. We will make reasonable efforts to inform you when your free trial is about to expire, and of the steps needed to continue service.
WhereTheyTalk offers various paid subscription plans (for example, different tiers based on usage volume or features). When you subscribe to a plan, you agree to pay the applicable fees and charges for that plan. Plans may be billed on a periodic basis (e.g. monthly or annually) as described during your sign-up or order process.
Paid subscriptions will automatically renew at the end of each billing period (e.g. on a monthly or yearly renewal date) unless you cancel the subscription prior to the renewal date. By providing your payment details and subscribing, you authorize us to charge the recurring subscription fee to your provided payment method at each renewal until you cancel.
We will inform you of any price changes or modifications to plans in advance in accordance with applicable law; if you do not agree to a price change, you may cancel your subscription before the new price takes effect.
You may cancel your subscription at any time through your account settings or by contacting our support. If you cancel, you will continue to have access to the Service until the end of your current paid-up billing period, and no further recurring charges will be made.
We generally do not provide pro-rated refunds for mid-period cancellation (unless required by law or explicitly stated otherwise), so you will retain access for the remainder of the paid term. After cancellation or expiration of your subscription, your account may be downgraded to a free tier (if available) or deactivated, and we reserve the right to delete or restrict access to data associated with your account as described in Section 6 (Termination).
In Short: You must pay subscription fees on time. We use Stripe to securely process payments. All fees are in the stated currency (e.g. EUR) and may be subject to taxes.
All payments for the Service are handled through our third-party payment processor, Stripe, Inc. (or its affiliates). By entering your payment information, you agree to Stripe's processing of your payment and you acknowledge that your payments will be governed by Stripe's terms and policies.
We do not store your full credit card numbers or bank details on our own servers; such sensitive payment data is stored and processed by Stripe in accordance with their security protocols. Stripe may appear as the billing entity on your credit card or bank statement.
Using Stripe helps ensure your payment information is handled securely and in compliance with industry standards. (For more information, you can refer to Stripe's own terms and Privacy Policy.)
You agree to pay all fees associated with the subscription plan you select, using a valid payment method. Fees are typically charged in Euro (EUR) unless another currency is specified at the time of payment.
Subscription fees are due in advance of each billing cycle (for example, at the beginning of the month for that month's service, or annually in advance for yearly plans). If your subscription starts or renews on a day not contained in a given month, we may adjust the charge date (for example, by charging on the last day of the month).
We will bill the authorized credit card, bank account, or other payment method you provide to us through Stripe.
Upon successful charge, we or Stripe will provide you with a receipt or invoice, accessible in your account or via email. It is your responsibility to ensure your payment information is accurate and up-to-date; if a payment fails due to expired or incorrect details, we may suspend or limit your account until payment is resolved.
All fees are stated net of any taxes (such as VAT, sales tax, GST, etc.) unless otherwise indicated. As a customer, you are responsible for any applicable taxes, duties, or charges imposed by governmental authorities in connection with your use of the Service.
For example, if VAT (Umsatzsteuer) applies to your subscription under Austrian or EU law, we will add that to the fees unless you have provided evidence of a valid VAT ID or an applicable exemption. We will collect and remit taxes where required by law. Where our fees are based on tax-exclusive pricing, you agree to pay the listed price plus the applicable tax.
We reserve the right to change the fees for our Service or introduce new charges with reasonable notice to you (for ongoing subscriptions, pricing changes will typically apply from the next renewal cycle). If you do not agree to a fee change, you may cancel your subscription as described above.
In case of late payment or non-payment of fees (for instance, if your credit card is declined and you do not provide a new payment method upon notice), we may, after giving you a reminder or grace period as required by law, suspend your account or downgrade your Service until payment is received. You may also be responsible for any reasonable costs and charges we incur in pursuing collection of overdue amounts.
In Short: These Terms apply as long as you use the Service. You can terminate by canceling your account or subscription. We can terminate or suspend your access if you violate the Terms or if we discontinue the service.
This agreement begins when you first accept these Terms (for example, by creating an account or otherwise using the Service) and continues until terminated by either you or us as described below. Each paid subscription has a billing term as described in Section 4, which will auto-renew until canceled.
These Terms (and your agreement to them) remain in effect throughout any free trial and any paid subscription period, and will continue to govern with respect to any free (non-paid) use of the Service as well.
You may terminate this agreement and your WhereTheyTalk account at any time by canceling your subscription and discontinuing all use of the Service. If you wish to permanently close your account, you should let us know (for example, via the account settings or contacting support).
Termination will not entitle you to any refund of fees already paid, except as required by law or explicitly provided in these Terms or other written agreements. After termination by you, you must stop using any part of the Service and delete any software or confidential materials of the Service in your possession.
We reserve the right to suspend or terminate your access to the Service (in whole or part) under certain circumstances:
(a) For Breach:
If you materially breach these Terms (including failure to pay fees when due) or violate any applicable law in connection with your use of the Service, and (if curable) do not cure the breach within a reasonable time after receiving notice from us, we may terminate this agreement or suspend your account. In cases of severe or repeated violations, we may suspend or terminate immediately without prior notice.
(b) For Inactivity:
If you are on a free plan or trial and have not accessed your account for an extended period (e.g., 6 months), we reserve the right to deactivate or delete your account after providing notice to your registered email.
(c) Our Convenience:
Additionally, because we strive to provide a high-quality service, we reserve the right to terminate this agreement and your access to the Service for convenience if we decide to discontinue the Service or a particular feature in its entirety. In such cases, we will provide you as much advance notice as reasonably practicable (for example, if we decide to shut down the platform, we might notify all users weeks in advance). If we terminate your paid subscription for convenience and not due to your breach, we will refund any prepaid fees covering the unused remainder of your subscription term on a pro-rata basis.
Upon termination or expiration of this agreement, your right to access and use the Service will immediately cease. Your account will be closed or downgraded, and you may lose access to any data or content stored in the Service, unless otherwise agreed or required by law.
We highly recommend that you export or download any important data (e.g., lists of discovered conversations or reports) before terminating if you wish to retain it. After termination, we have no obligation to maintain or provide any of your data and will, unless legally prohibited, delete your data within a reasonable period.
However, we may retain certain transactional records or information as necessary for our legitimate business purposes or legal obligations (for example, billing records, audit logs).
Any provisions of these Terms which by their nature should survive termination (such as limitation of liability, indemnity, intellectual property clauses, governing law, etc.) will remain in effect even after the agreement ends.
In Short: Use WhereTheyTalk responsibly. Don't use it for illegal purposes, don't try to hack or reverse-engineer it, and don't misuse the content you get from it (for example, no unauthorized republishing or spamming).
By using the Service, you agree to comply with the following acceptable use requirements and all applicable laws.
Do not use the Service in any unlawful, harmful, or abusive manner. This includes not using the platform to stalk, harass, or violate the rights of others. You will not input any keywords or targets that you are not legally allowed to track, and you will not use the information obtained from WhereTheyTalk to libel, defraud, or otherwise harm any person or entity.
Do not interfere with or disrupt the integrity or performance of the Service or the data it provides. You agree not to deploy any automated scripts, bots, or other automated means (except those authorized within our API or interface) to scrape or access our Service, since we already handle automated scraping on your behalf. You will not attempt to circumvent any security measures or access controls of the Service, and you will not test or probe the vulnerability of our infrastructure without permission.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms, or underlying ideas of any part of the Service (except to the limited extent allowed by non-excludable law). Our software and algorithms are proprietary; any attempt to copy or create derivative works based on them is prohibited.
Do not share your login credentials or API keys with unauthorized persons. You will not use another user's account without permission. Also, you must not access or attempt to access any accounts, data, or systems that you have no authorization for.
You agree not to upload, transmit, or distribute through the Service any viruses, worms, spyware, malware, or other code that could harm the Service or other users' systems. Introducing harmful or malicious code is a serious violation and grounds for immediate termination.
The Service is offered for your internal use only. You shall not reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Service, access to the Service, or content obtained through the Service, without our express prior written consent. For example, you are not permitted to take the content or insights delivered by WhereTheyTalk and create a competing product or publicly available dataset. If you are interested in a commercial partnership or data licensing arrangement, please contact us separately.
Content surfaced by WhereTheyTalk comes from third-party platforms and may be subject to copyrights or usage policies of those platforms. You agree to use such content in compliance with the terms of the original source platforms and applicable intellectual property laws.
You will not use WhereTheyTalk to scrape data from third-party sites in a manner that violates those sites' terms of service (for instance, we do not encourage or permit using our Service to obtain data from a website if doing so has been expressly forbidden by that website's terms or robots.txt, except for publicly available data intended for general access).
While we do facilitate discovery of content, you are responsible for how you use the results. For example, if you plan to publish or share any portion of content obtained via our Service, make sure you have the legal right to do so (such as abiding by fair use or obtaining permission from the content owner).
Do not use the Service to transmit or store any content that is unlawful, fraudulent, obscene, defamatory, threatening, or otherwise objectionable. Likewise, you must not use the Service to engage in any activity that would violate any law, including privacy laws, intellectual property laws, export control laws, or others. If you discover content through our Service that contains illegal material (for example, hate speech or personal data that shouldn't be public), you should refrain from using it in violation of law and may report it to us or the relevant platform.
You will not use the information gleaned from WhereTheyTalk to send mass unsolicited communications ("spam") or to harass individuals or organizations. For instance, if our Service surfaces a conversation about a problem that your product solves, you should not spam those participants directly unless you have a lawful basis and compliance with direct marketing laws.
We reserve the right to monitor use of the Service for compliance (while of course respecting privacy laws) and to investigate any suspected breach of this Acceptable Use Policy. If we reasonably determine that you have violated this Section 7, we may take appropriate action, which can include removing or disabling access to content, suspending or terminating your account, and/or reporting you to law enforcement or affected third parties.
You acknowledge that any violation of the above rules could result in legal consequences for you and may cause irreparable harm to us (for which monetary damages might not be sufficient), entitling us to seek injunctive or equitable relief.
In Short: We own the WhereTheyTalk platform and all associated intellectual property. You are granted a limited right to use it. Content from third parties remains the property of its original owners. Any feedback or suggestions you provide can be used by us freely.
The WhereTheyTalk Service (including all software, code, algorithms, databases, user interface design, know-how, and documentation), our website, logos, trade names, trademarks, and all content and materials created by us or on our behalf are owned by or licensed to the Company and are protected by intellectual property laws. We reserve all rights in and to the Service and our intellectual property not expressly granted to you in these Terms.
Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of this agreement, solely for your internal business purposes. This license is provided "as is" and solely to enable you to use and enjoy the Service as intended by these Terms.
You acquire no ownership of any part of the Service or content provided by us under these Terms. You shall not remove, obscure, or alter any proprietary notices (e.g., copyright or trademark symbols) on any part of the Service or materials you obtain through it.
WhereTheyTalk aggregates third-party content (such as posts or comments from external websites) for your convenience. All such content remains the property of its original creators or the platform on which it was posted. We do not claim any ownership over third-party content that our Service surfaces. Our role is merely to facilitate your access to and analysis of that content.
Accordingly, your use of any third-party content obtained via WhereTheyTalk must respect the rights of the content owners. This means, for example, if you wish to quote or reproduce content from a Reddit post that WhereTheyTalk found for you, you must ensure that your use complies with copyright law (and the terms of Reddit's user agreement). We encourage you to treat third-party content as you would if you found it by browsing the original site directly.
If an original content owner requests that their content be removed from our indexing or results, we reserve the right to comply with such request. We also may remove or filter specific content from results if we believe it's necessary to comply with the law or the rights of others.
Importantly, no confidential or personal data from users is being contributed to the platform; WhereTheyTalk only deals with publicly available information from other platforms, but we still expect users to handle that data responsibly.
As a user, you might input certain data into the Service (for example, search queries, keywords, or settings), and you will receive results and possibly have the ability to annotate or export them (if such features exist). We do not claim ownership of the data you input; you retain all rights to your own data.
However, by using the Service and inputting data, you grant us a permission to use, process, and store your data as necessary to provide the Service to you. For example, our system will store the keywords you enter and use them to perform searches and train our matching algorithms to improve results for you.
We will handle any personal data you provide in accordance with our Privacy Policy. We do not share your provided search targets or any proprietary data with other users or third parties, except as needed to operate the Service or as required by law.
If you submit to us any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), we will be free to use and incorporate that Feedback in our products and services without obligation or compensation to you. You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use and exploit any Feedback you provide, for any purpose. This helps us improve our Service.
(For clarity: this clause is not about the content that our system finds on third-party sites, but about any ideas or suggestions you personally give to us about improving WhereTheyTalk or related services.)
All rights not expressly granted to you in these Terms are reserved by the Company. No implied licenses are given. We may protect our intellectual property and the integrity of the Service by technical measures and legal enforcement as appropriate.
If you would like to use any of our intellectual property (e.g., our trade name, logo, or substantial parts of our software) outside the scope of these Terms, you must contact us and obtain our written consent.
In Short: WhereTheyTalk uses AI algorithms to help find and rank content. We are committed to using AI responsibly and in compliance with the EU AI Act and other laws. We will be transparent about AI usage, but note that AI can sometimes produce errors or biased results.
WhereTheyTalk employs artificial intelligence and machine learning systems as part of its operation. For example, AI models may be used to analyze text from online conversations, to filter out irrelevant content, or to rank and highlight discussions that seem most pertinent to your search targets. These AI algorithms help enhance the Service by providing smarter matching and possibly summarizing or categorizing content for you.
We strive to design and train these AI systems to be accurate, fair, and reliable, but we also acknowledge that AI technology has limitations. No AI system is perfect – there is always a possibility that our algorithms might make mistakes, such as misidentifying the relevance of a conversation, missing some relevant content, or providing an inaccurate summary or classification.
By using the Service, you understand and accept that any AI-generated outputs or analyses are provided on a best-effort basis and are not guaranteed to be 100% correct or comprehensive. You should not rely solely on AI outputs for critical decisions without human review.
We are aware of and committed to complying with the European Union's Artificial Intelligence Act (AI Act) and related regulations. The EU AI Act aims to establish a harmonized legal framework for the development and use of AI within the EU. We classify WhereTheyTalk's AI components in accordance with the risk categories defined by the AI Act.
To the best of our knowledge, our Service does not fall under the "high-risk AI" categories (such as AI for safety-critical systems or decisions affecting fundamental rights); rather, it would be considered a lower-risk or minimal-risk application, as it primarily filters and presents publicly available information for user convenience.
Nonetheless, we pledge to uphold the Act's principles of transparency, human oversight, accuracy, and accountability. This means, for instance, that we will inform our users when content or recommendations are significantly influenced by AI processing (as we are doing here), and we will monitor and improve our models to avoid biases or discriminatory outcomes.
If the AI Act imposes specific obligations on providers like us (such as logging requirements, conformity assessments, or providing explanations for AI decisions), we will take necessary steps to meet those obligations. Our aim is to use trustworthy and human-centric AI, in line with EU guidelines and ethical best practices.
In compliance with emerging regulations and ethical norms, we strive to be transparent about the use of AI in the Service. For example, if our system automatically summarizes a discussion or generates an alert or recommendation, we will make it clear that it was AI-generated (possibly by a label or in documentation). You have the right to know that you are interacting with an AI system when that is the case.
We also maintain documentation of our AI system's design and performance to ensure we can assess and mitigate any significant risks. While using WhereTheyTalk, if you have questions or concerns about how AI is used, you can contact us for more information.
By using an AI-powered service, you acknowledge that the outputs are for informational purposes and not professional or certified advice. For instance, if WhereTheyTalk's AI flags a discussion as being about your company with negative sentiment, it is your responsibility to verify and interpret that information carefully.
We encourage users to combine AI-provided insights with their own human judgment. If you encounter any AI output that seems problematic (e.g., incorrect, biased, or potentially infringing), please report it to us so we can investigate and improve.
You also agree that you will not use the AI components of our Service for unlawful purposes, such as profiling individuals in violation of privacy laws or generating defamatory conclusions.
By designing our Service with these principles and by complying with laws like the EU AI Act, we aim to provide an innovative yet responsible product. However, as noted, the nature of AI means we do not guarantee the AI's performance or results, and such aspects are also subject to the general disclaimers and liability limits in these Terms.
In Short: We provide WhereTheyTalk "as is". We do not guarantee it will meet your needs, be error-free, uninterrupted, or that the data you get will be complete or accurate. Use it at your own risk, and understand we disclaim most warranties to the fullest extent allowed by law.
The Service and all of its features, content (including any data sourced from third parties), and outputs (including AI-generated outputs) are provided on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, the Company disclaims all warranties, whether express, implied, or statutory, with respect to the Service.
This includes, but is not limited to: implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
We do not warrant that the results obtained from your use of the Service will be accurate, reliable, or meet your expectations.
WhereTheyTalk does not guarantee the accuracy, completeness, or usefulness of any data or content surfaced through the Service. While we strive to find relevant and quality information for you, we cannot verify or guarantee that third-party content (such as social media posts or comments) is truthful, up-to-date, or complete.
The conversations and posts we deliver to you are written by third parties on external platforms; those may contain rumors, errors, offensive or biased opinions, or misinformation. We are not responsible for any errors or omissions in the content we provide, nor for any consequences of your reliance on such content.
Always independently evaluate the information before you make decisions based on it. The Service's role is to save you time in discovery, but it is not a substitute for your own critical analysis.
We make no guarantee that using WhereTheyTalk will lead to any particular outcome for you or your business. For example, we do not promise that you will find a certain number of relevant discussions, or that by using our insights your sales will increase or your reputation will improve.
Any suggestions or analysis provided as part of the Service are for informational purposes and should not be construed as professional advice (for instance, we are not a marketing or financial advisor giving you advice; we just provide data). You use any information gleaned from the Service at your own risk.
While we aim for high availability, we do not guarantee that the Service will be available 100% of the time. Downtimes, whether due to maintenance, updates, or technical issues, may occur. We will endeavor to inform you of significant planned outages, and resolve any unplanned outages as soon as practicable.
However, we are not liable for any losses due to Service unavailability or slow performance. We also reserve the right to modify or discontinue parts of the Service or the entire Service, temporarily or permanently, with notice where feasible.
The Service may provide you with links or access to third-party websites and content (like a link to a Reddit thread). These are provided for your convenience. We do not endorse or assume any responsibility for any third-party sites or content that you access via our Service.
If you leave our Service and visit third-party sites, you do so at your own risk, and those sites' own terms and policies will apply to you. We make no warranties or representations about any content, products, or services of third parties, and we shall not be liable for any harm or damages arising from content or interactions with third-party websites.
Any information or advice (oral or written) that you may obtain from us outside of these Terms (for example, tips from support staff) does not create any warranty not expressly stated in these Terms. You assume all responsibility for any decisions you make based on information obtained through the Service.
If applicable law does not allow the exclusion of certain warranties, then such warranties are not excluded but limited to the minimum extent permitted. In particular, we do not exclude any warranty or condition that cannot be excluded by law (for example, certain statutory warranties under Austrian law, if applicable, would remain in effect to the extent they are mandatory).
Important Disclaimer
By using WhereTheyTalk, you acknowledge and accept these warranty disclaimers. The Service is provided for informational purposes and should be used as one tool among many in your decision-making process, not as the sole basis for important business decisions.
In Short: Our liability to you is limited. To the extent allowed by law, we won't be responsible for indirect or consequential damages, or for amounts beyond what you've paid us in the last few months. There are exceptions for things like intentional misconduct or personal injury, but otherwise our financial liability is capped.
To the maximum extent permitted by applicable law, the Company and its founders, directors, officers, employees, affiliates, agents, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages whatsoever arising out of or related to your use of (or inability to use) the Service or reliance on its outputs.
This exclusion includes, without limitation, damages for lost profits, lost opportunities, business interruption, goodwill or reputation damage, loss of data, or procurement of substitute services. These types of losses are agreed to be excluded even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.
In plain terms, if something goes wrong while using our Service, we will compensate you only to a limited extent, and we are not responsible for the myriad consequences that could indirectly result from any issue.
To the extent we are found liable for any claim arising out of or related to these Terms or the Service, our aggregate liability to you (for all claims combined) is limited to the total amount of fees you paid us for the Service in the 12 months immediately preceding the event giving rise to the liability.
If you have not paid any fees (for example, you are on a free trial or free plan), our total liability shall not exceed EUR 100. This cap applies whether the claimed liability is based on contract, tort, negligence, strict liability, or any other legal theory.
Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. In particular, we do not seek to exclude liability for our own intentional misconduct or gross negligence, nor for personal injury or death caused by our negligence, nor for fraud or fraudulent misrepresentation, or any other liability that may not be limited or excluded under Austrian law.
However, to the extent allowable, in cases of slight negligence we shall not be liable (in B2B contexts, Austrian law generally allows limitation or exclusion of slight negligence). Likewise, any statutory liability under product liability laws is not excluded if applicable.
You acknowledge that we offer the Service and set the fees (including offering free trials or free tiers) in reliance on the disclaimers of warranty and the limitations of liability set forth in these Terms, which reflect an agreed allocation of risk between you and us.
These limitations form an essential basis of the bargain between you and the Company, and we would not be able to provide the Service on an economically reasonable basis without such limitations.
If you are dissatisfied with the Service or believe you have suffered loss or damage from using it, your remedy is to stop using the Service and, if applicable, seek a refund for any prepaid period as explicitly allowed by these Terms (or under our money-back guarantee, if one is offered, or under applicable consumer rights if you are considered a consumer). Beyond that, the limits above apply.
In Short: If your use of WhereTheyTalk or breach of these Terms causes us to be sued or incur losses, you will step in to defend us and pay those costs. Essentially, you agree to protect us from claims arising from your misuse of the Service or your content.
You agree to indemnify, defend, and hold harmless the Company (and its affiliates, officers, directors, employees, and agents) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to any third-party claims or legal proceedings brought against us due to:
This means, for example, if a third party (such as another company or an individual) alleges that your use of WhereTheyTalk (or actions you took based on WhereTheyTalk's information) has harmed them or violated their rights, and they sue us as a result, you will defend us in that lawsuit and pay any damages or costs that we incur.
This indemnity also extends to any consequences of your misuse of data obtained through the Service. For instance, if you republish content from Reddit in violation of Reddit's terms or someone's copyright and the rights holder takes action against the Company, you would be responsible under this indemnity.
We will promptly notify you of any such claim and will allow you, at your expense, to assume control of the defense (with counsel reasonably chosen by you). We reserve the right to participate in the defense with our own counsel at our own expense, and you agree not to settle any claim in a manner that admits fault or imposes obligations on us without our prior written consent.
Your indemnification obligations will survive any termination of this agreement.
By using WhereTheyTalk, you acknowledge that you are in the best position to control how you use the information obtained, and therefore you accept the responsibility if that use leads to disputes or damages.
In Short: Austrian law governs these Terms. Any disputes will be heard in the courts of Austria (specifically, the competent courts in Vienna, unless another venue is mandatorily required).
This agreement and any dispute or claim (contractual or non-contractual) arising out of or in connection with it or its subject matter shall be governed by the laws of Austria, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement, as the subject matter is a service and software use, not a sale of goods.
For clarity, if you are using the Service from outside Austria, no foreign laws (to the extent they can be excluded) will apply, except that if you are considered a consumer under your local laws and those laws mandate certain protections or rights, nothing in this clause will deprive you of the protections of the laws of your country of residence that are applicable to you as a consumer and cannot by law be waived.
However, as stated, this Service is intended for businesses and we primarily contemplate application of Austrian law.
You and the Company agree that any disputes or legal proceedings shall be brought in the courts of Vienna, Austria, which shall have exclusive jurisdiction to adjudicate any such dispute, except that the Company may seek injunctive relief or enforcement of judgments in any jurisdiction as necessary.
You waive any objections to the exercise of jurisdiction by such Austrian courts on grounds of forum non conveniens or otherwise, to the extent permitted by law. If you are using the Service as a business, you explicitly agree to the jurisdiction of Austria.
If you are deemed a consumer, this choice of forum applies only to the extent permissible (consumers in the EU typically have the right to bring claims in their home country under certain conditions; we do not seek to override those rights where they apply).
By agreeing to the above governing law and jurisdiction clauses, both parties aim for clarity on which laws apply and where disputes will be resolved, which can help avoid costly jurisdictional arguments and ensure a more predictable legal environment.
Legal Jurisdiction Notice
These terms are governed by Austrian law and disputes will be resolved in Vienna, Austria courts. This provides legal certainty and predictability for both parties. Consumer rights under applicable local laws are preserved where they cannot be waived by law.
In Short: We hope to resolve issues amicably. Contact us first to work out any problems. If formal proceedings are needed, they will be in Austrian courts (unless arbitration is separately agreed). No jury trials or class actions apply in Austrian courts anyway, so we simply proceed under the normal process.
We value our relationship with our users and take concerns seriously. In the event of any dispute, claim, or controversy between you and us relating to the Service or these Terms, please contact us first and attempt to resolve the issue informally. You can reach us at the address provided (or via any support contact method on our website).
We will do our best to address your concerns in good faith. Both you and we agree to attempt to negotiate any dispute informally for at least 30 days before initiating formal legal action.
If we cannot resolve a dispute amicably, either party may proceed to pursue formal legal action in accordance with Section 13 (i.e. in the competent Austrian court). Both parties agree that they will only bring claims against each other on an individual basis, and not as a plaintiff or class member in any purported class or representative action.
(Class action procedures are generally not applicable in Austrian courts for B2B disputes, but we include this to state the intent that each dispute will be handled individually between us and you.)
Each party irrevocably waives any right to a trial by jury, to the extent such a right may exist, in any legal proceeding arising out of or relating to these Terms or the use of the Service – however, note that under Austrian civil procedure, cases are typically decided by judges, not juries, so this is more relevant for any proceedings that might somehow be brought in a different jurisdiction.
Notwithstanding the foregoing, nothing in these Terms will prevent either you or us from seeking immediate injunctive or equitable relief (such as a court order to stop misuse of the Service or infringement of intellectual property) when necessary to prevent irreparable harm. Such a request for preliminary relief will not be deemed a waiver of the obligation to attempt resolution amicably or a waiver of the chosen jurisdiction, but may be sought in any competent court.
We have not mandated arbitration or mediation in these Terms (aside from the requirement to try good-faith negotiation), but if you would prefer to explore alternative dispute resolution methods (like mediation or arbitration), we are open to discussing and agreeing upon a mutually acceptable process on a case-by-case basis.
Any such agreement would typically need to be in writing, after a dispute has arisen. In the absence of a separate arbitration agreement, disputes will be resolved in court as specified.
This Section 14 is intended to ensure that both parties handle disputes in a rational and fair manner, and to set expectations that, primarily, Austrian legal venues will be used for resolving issues if it comes to that.
These Terms (along with any documents expressly incorporated by reference, such as our Privacy Policy or a Data Processing Agreement if one is executed) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
You confirm that in entering into this agreement, you have not relied on any statement or representation not expressly set out in these Terms.
Any modifications to this agreement must be made by us as described in Section 1 (Agreement to Terms). Except for updates made by the Company as allowed herein, any waiver, modification, or variation of these Terms will not be effective unless in writing and signed by both you and an authorized representative of the Company.
Our failure to enforce any provision of these Terms or to respond to a breach by you or others shall not constitute a waiver of our rights nor a waiver of our right to enforce that provision in the future. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it enforceable (if possible) or, if not possible, omitted, and the remaining provisions of these Terms will remain in full force and effect.
Each provision of these Terms operates separately. We and you agree to substitute any invalid/unenforceable provision with a valid provision that comes closest to the intended economic effect of the original.
You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. The Company may assign, transfer, or subcontract our rights and obligations under these Terms, in whole or in part, to another entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law or otherwise.
These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and the Company. Neither party has the authority to bind the other or incur obligations on the other's behalf without prior written consent. You are using the Service as an independent entity and are solely responsible for your own actions.
These Terms are for the benefit of you and the Company (and our respective successors and assigns, as permitted). Except as expressly provided in these Terms, they are not intended to confer any rights or remedies on any third party, other than indemnified parties under Section 12.
These Terms are written in English, which shall be the controlling language for all purposes. If we provide a German or other language translation of these Terms, it is for convenience only. In case of any discrepancy between the English version and a translated version, the English version shall prevail.
We may provide notices or communications to you by email to the address associated with your account, by posting on our website or dashboard, or through other reasonable means. You are responsible for ensuring that your contact information is up to date.
Official notices to us should be sent by postal mail to our business address provided in Section 1, unless we specify an email or online method for certain types of notices.
Notices will be deemed given (a) if by email, when the email is sent (provided no bounce-back or error message is received), (b) if by posting online, at the time of posting, or (c) if by courier or mail, upon delivery.
If you have any questions or concerns about these Terms or the Service, you may contact us at the address provided for the Company in Section 1. Additional contact information may be available on our website. We will respond as soon as reasonably possible.
Thank you for reading our Terms of Use
By using the WhereTheyTalk Service, you acknowledge that you have read and agree to these Terms of Use. Thank you for taking the time to understand our Terms – we value your trust and look forward to helping you discover where your industry talks online!