Terms of Service

1. Provider

The Service is provided by influence solutions fm GmbH, registered with the Handelsgericht Wien under Firmenbuchnummer FN 675374y, having its registered office at Gemeindeaugasse 22/2, 1220 Vienna, Austria (“Specky”, “we”, “us”). Statutory disclosures are set out in our Imprint. Contact: customer-support@specky.space.

2. Acceptance & Conclusion of Contract

By creating an account or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service. The contract between you and Specky is concluded when we confirm your registration or your paid subscription order, in accordance with §§ 9, 10 FAGG (Distance and Off-Premises Contracts Act).

3. Eligibility

You must be at least 16 years old and have the legal capacity to enter into a binding contract. If you accept these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation.

4. Use of the Service

You may use the Service for lawful purposes and in accordance with these Terms. You may not:

• use the Service for any illegal, fraudulent or harmful purpose;
• reverse-engineer, decompile or copy the Service, except to the limited extent permitted by mandatory law (e.g. § 40e UrhG);
• circumvent rate limits, usage quotas or access controls;
• upload content that is unlawful, defamatory, infringes third-party rights or contains malware;
• use the Service to send unsolicited communications (spam) or to harvest personal data unlawfully;
• resell, sublicense or provide access to third parties without our prior written consent;
• use the Service to train AI models or build a competing product without our prior written consent;
• access or use the Service to monitor its availability, performance or functionality, or for benchmarking or other competitive purposes, or access it if you are a direct competitor, except with our prior written consent;
• perform any vulnerability, penetration or similar testing of the Service without our prior written consent.

You are responsible for the content you upload and for ensuring you have the right to do so. We may, but are not obliged to, review user content. Where we have actual knowledge of manifestly illegal content (Art. 6 Digital Services Act, Reg. (EU) 2022/2065) we will act expeditiously to remove or disable access to it.

5. Account Security

You are responsible for keeping your credentials confidential and for all activity under your account. Notify us at customer-support@specky.space promptly upon learning of any unauthorised use. We are not liable for losses caused solely by your failure to protect your credentials, save for our liability for personal injury, intent or gross negligence (see Section 18).

6. AI Features & AI Transparency

The Service uses AI to assist with product-management tasks. As required by Article 50 of the EU AI Act (Reg. (EU) 2024/1689), we make clear in the user interface when you are interacting with an AI system and where output has been AI-generated. You acknowledge that:

• AI outputs may be inaccurate, incomplete or unsuitable; you are responsible for reviewing them before use;
• AI outputs do not constitute professional (legal, financial, medical or other regulated) advice;
• we do not use your workspace content to train AI models, and our model providers (in particular Google) are contractually prohibited from doing so on our prompt traffic.

You must not use AI features to generate or distribute content that is unlawful, deceptive, or designed to manipulate others; that contains hate speech, threats or sexual content involving minors; that constitutes spam or phishing; or that attempts to circumvent the model's safety controls.

Autonomous agent actions. The Service includes an AI agent that can take actions on your behalf within the scope you configure — for example creating tickets, drafting and sending notifications, organising feedback, or delegating tasks to connected tools. You authorise the agent to act on instructions issued through your account and connected integrations, you remain responsible for configuring it and for reviewing the actions it takes, and — save for our liability for personal injury, intent or gross negligence (Section 18) — we are not responsible for actions taken in accordance with your configuration or instructions. You should keep a human in the loop for actions that are consequential or hard to reverse.

Nature of AI output. Because generative AI is probabilistic, the same or similar output may be generated for you and for other users, and output requested by and generated for other users is not your content. Some jurisdictions do not recognise intellectual-property ownership in AI-generated material, so we cannot warrant that you will own any given output. You are responsible for evaluating output before relying on it and for any decision or action you take on the basis of it; output is not professional (legal, financial, medical or other regulated) advice.

7. Third-Party Integrations

The Service can connect to third-party platforms (e.g. Google Workspace, Slack, Jira, GitHub). Use of those platforms is governed by their respective terms and privacy policies. We are not responsible for their availability, accuracy or conduct. You authorise such integrations at your own risk and may revoke them at any time from the Integrations panel.

Some third-party providers (including AI model providers and integration platforms) require us to pass their terms through to you, or update those terms from time to time; your use of the relevant features is also subject to those terms and you agree to comply with them. We cannot guarantee the continued availability of any third-party service, and we may cease offering a feature that depends on it — without that, in itself, entitling you to a refund — if the provider changes, discontinues or restricts it. Consumers' rights in the event of material non-conformity (Section 10) are unaffected.

8. Plans, Fees & Payment

• Subscriptions are billed in advance for the chosen interval (monthly or annual) and renew automatically unless cancelled before renewal. We will send a renewal reminder no later than 14 days before each automatic renewal where required by law.
• Payment is processed by Stripe Payments Europe Ltd. as our payment service provider. By subscribing you agree to Stripe's terms.
• Cancellation takes effect at the end of the current billing period; you retain access until then. Cancellation is possible at any time from workspace settings, without giving reasons.
• Refunds outside the statutory withdrawal right (Section 9) and outside the limited cases of material non-conformity under Directive (EU) 2019/770 (implemented in §§ 8 ff. VGG) are at our discretion.
• Price changes will be communicated in text form at least 30 days in advance. If you do not agree to a price increase, you may terminate the contract with effect from the date the increase would take effect.
• Taxes — prices are exclusive of VAT unless stated otherwise; VAT is added at checkout where applicable. For business customers within the EU we apply the reverse-charge mechanism upon provision of a valid VAT identification number.
• Late payment — for entrepreneurs (Unternehmer) within the meaning of § 1 UGB, statutory default interest under § 456 UGB applies. Consumers are subject to statutory default interest at 4 % p.a. (§ 1000 ABGB).

9. Right of Withdrawal for Consumers (FAGG)

If you are a consumer within the meaning of § 1 KSchG and have concluded the contract via the website, you have the right to withdraw from the contract within 14 days without giving any reason (§ 11 FAGG). The withdrawal period expires 14 days after the day of conclusion of the contract.

To exercise the right of withdrawal you must inform us, influence solutions fm GmbH, Gemeindeaugasse 22/2, 1220 Vienna, Austria, customer-support@specky.space, by means of a clear statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory. To meet the deadline it is sufficient to send the communication before the period expires.

Consequences of withdrawal: we will reimburse all payments received from you, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw, using the same means of payment as you used unless you have expressly agreed otherwise.

Early performance & loss of withdrawal right (§ 18(1)(11) FAGG). If you request that we begin to perform the Service before the end of the 14-day withdrawal period, you must do so by an express request made through the order flow (a tick-box, not implicit). In that case, where the Service has been fully performed before the end of the period and performance began with your prior express consent and your acknowledgement that you would lose the right of withdrawal once the contract has been fully performed, your right of withdrawal lapses. For ongoing subscriptions you remain entitled to withdraw within the 14-day period and we will, in that case, charge only a pro-rata amount for the Service actually used (§ 16 FAGG).

10. Statutory Warranty & Conformity

For consumers, statutory warranty rights under §§ 922 ff. ABGB and the Austrian Act on Warranties for Digital Performance (Verbrauchergewährleistungsgesetz, VGG, transposing Directive (EU) 2019/770) apply and are not modified by these Terms. The two-year warranty period (§ 10 VGG) and the obligation to provide updates necessary to maintain conformity (§ 7 VGG) apply.

For business customers (Unternehmer) the warranty period is one year and statutory warranty for slight negligence is limited to repair or replacement; § 377 UGB (duty to inspect and notify) applies.

11. Beta and Experimental Features

Features expressly marked “Beta”, “Early Access”, or “Experimental” are provided as a free addition to the contracted Service. They may be modified, suspended or removed at any time. We disclaim warranty and liability for such features to the maximum extent permitted by law; consumers' mandatory rights, in particular for personal injury and intent / gross negligence, are not affected (see Section 18).

12. Service Availability

We aim for high availability but do not commit to a specific uptime target unless agreed in a separate written service level agreement. Maintenance is normally scheduled with advance notice, but emergency maintenance may be performed without notice. Material non-conformity gives consumers the rights described in Section 10.

13. Trial Period & Service Changes

Free trials are offered as a courtesy. We may modify, limit or end the trial programme at any time on reasonable notice. Trial accounts inactive for 90 days may be deleted after written notice with at least 30 days' lead time. Trials do not give rise to any contractual claim to the continued availability of the trial features.

14. Feedback

If you choose to provide feedback, suggestions or feature requests, you grant Specky a non-exclusive, worldwide, perpetual, royalty-free licence to use them to improve the Service. This does not include any rights to your confidential information or to your workspace content.

15. Workspaces & Multi-User Accounts

If you administer a workspace on behalf of an organisation (“Account Admin”), you confirm you are authorised to bind it. The Account Admin is responsible for managing member access and for charges incurred. Specky is not party to disputes between Account Admins and members regarding access or data ownership; we will follow lawful instructions of the workspace owner.

16. Export Controls & Sanctions

You confirm that you are not located in a jurisdiction subject to a comprehensive EU or US embargo (currently including Belarus, Cuba, Iran, North Korea, Russia, Syria and the non-government-controlled regions of Crimea, Donetsk and Luhansk) and that you are not listed on any EU, US OFAC, UK HMT or Austrian sanctions list. You will not use the Service in violation of applicable export-control laws (including Reg. (EU) 2021/821) or for prohibited end-uses (e.g. development of weapons of mass destruction).

17. Intellectual Property & Notices of Infringement

Content you create within Specky remains your property. You grant us a limited, non-exclusive, royalty-free licence to host, process, store and transmit it solely to provide the Service to you; this licence ends when the relevant content is deleted. The Service itself, our software, models, trademarks and infrastructure remain owned by us or our licensors.

If you believe content on the Service infringes your rights, please send a notice pursuant to § 16 ECG (and, for US-rooted material, the DMCA) to customer-support@specky.space including: identification of the protected work, the location of the allegedly infringing material, your contact details, and a statement that you act in good faith and are authorised to do so. We will act expeditiously upon valid notices.

18. Liability

Consumers. We are liable without limitation for damages arising from personal injury, from intent and from gross negligence. For damages caused by slight negligence we are liable only for breach of a material contractual obligation (an obligation the fulfilment of which is essential for the proper performance of the contract and on which you regularly rely), and our liability in that case is limited to the damage typically foreseeable at the time of contract conclusion. Liability under the Austrian Product Liability Act (Produkthaftungsgesetz, PHG) is unaffected.

Entrepreneurs (B2B). To the maximum extent permitted by law, our aggregate liability towards entrepreneurs in any 12-month period is limited to the fees paid by you to Specky in the preceding 12 months. We are not liable for indirect or consequential losses, loss of profit, data, goodwill or business opportunity, save for damages caused by intent or gross negligence. For trial users without payments, our aggregate liability is capped at €500.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection law of the consumer's habitual residence.

19. Indemnities (B2B only)

(a) Indemnity by you. If you are an entrepreneur, you agree to indemnify and hold us harmless from third-party claims arising from: (i) your Customer Data or your breach of Section 24, including any allegation that you lacked the consents, authority or legal basis to provide Customer Data to us; (ii) your unlawful use of the Service or your breach of Section 4 (Use of the Service), Section 6 (AI Acceptable Use) or Section 17 (Intellectual Property); or (iii) use of the Service in combination with software or services not provided or authorised by us — except, in each case, to the extent the claim is caused by our intent or gross negligence. This subsection does not apply to consumers.

(b) IP indemnity by Specky.We will defend you, an entrepreneur, against a third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights, and we will pay the damages finally awarded against you (or agreed by us in settlement) for such a claim, subject to the limits in Section 18. This does not apply to claims arising from Customer Data, AI outputs, third-party services or integrations, modifications not made by us, or use of the Service in combination with anything we did not provide. If the Service is, or in our reasonable opinion is likely to become, subject to such a claim, we may at our option (i) procure the right for you to continue using it, (ii) modify or replace it so that it is non-infringing, or (iii) if neither is reasonably available, terminate the affected Service and refund any prepaid, unused fees. This subsection states your sole and exclusive remedy for intellectual-property infringement by the Service. Consumers' statutory rights (Sections 10 and 18) are unaffected.

20. Termination & Suspension

Either party may terminate the contract for cause at any time. We may suspend or terminate your access for material breach of these Terms (in particular Section 4, 6 or 16), unpaid fees after a reminder, or where required by law. Where possible we will give reasonable prior notice; in cases of serious or repeated breach, ongoing security risk or legal obligation we may act immediately.

You may terminate at any time for any reason from workspace settings; cancellation takes effect at the end of the current billing period.

Data export and deletion. On termination or expiry, and provided you have paid all fees then due, you may request export of your Customer Data: on written request made no later than 30 days after the termination takes effect we will make Customer Data available for electronic retrieval for 30 days, after which we will delete the Customer Data remaining on our production systems. We may retain Customer Data where, and for as long as, required by law, and in routine backups until those backups are overwritten in the ordinary course — in each case subject to the confidentiality and security obligations of these Terms. This is without prejudice to your erasure rights and our retention obligations under the Privacy Policy and the GDPR.

Sections 14, 17, 18, 19, 22, 24, 25 and 26 survive termination.

21. Changes to these Terms

We may update these Terms to reflect changes in law, the Service or our business. Material changes will be notified to you in text form (in-app or by email) at least 30 days before they take effect. If you object to a change, you may terminate the contract before the change takes effect; absent objection within 30 days the changes are deemed accepted. We will draw your attention to this consequence in the notification.

22. Governing Law & Jurisdiction

These Terms are governed by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules. Where the customer is a consumer with habitual residence in another EEA Member State, mandatory consumer-protection law of that Member State remains applicable to the extent it offers higher protection (Art. 6(2) Rome I).

Consumers may bring proceedings against us in the courts of their place of domicile or before the courts at our registered seat (Art. 18 Brussels I bis Regulation (EU) 1215/2012). We may bring proceedings against a consumer only in the courts of the Member State in which the consumer is domiciled.

For entrepreneurs (Unternehmer), the courts competent for the registered seat of Specky in Vienna, Austria, have exclusive jurisdiction.

Note on online dispute resolution:the European Commission's online dispute-resolution platform was discontinued on 20 July 2025 (Regulation (EU) 2024/3228). Consumers may instead contact the Internet Ombudsstelle (ombudsstelle.at) or the Austrian arbitration body for consumer disputes (verbraucherschlichtung.at). Specky is not obliged to and does not commit to participate in voluntary alternative dispute resolution proceedings.

23. Miscellaneous

If any provision of these Terms is or becomes invalid, the remaining provisions remain in force. The invalid provision is replaced by the valid provision that comes closest to its economic purpose; for consumers, however, the statutory rule replaces the invalid clause (no contract reformation to the consumer's detriment, in line with ECJ case-law on Directive 93/13/EEC). Failure to enforce a right does not constitute a waiver of that right. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between us regarding the Service.

Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control (for example acts of God, natural disasters, war, civil unrest, strikes not involving its own workforce, or failures of internet, hosting or telecommunications infrastructure, or changes imposed by third-party providers). This does not apply to your payment obligations. The affected party will use reasonable efforts to mitigate the effects.

Assignment.You may not assign or transfer these Terms, in whole or in part, without our prior written consent, and any purported assignment in breach is void. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you. These Terms bind the parties' permitted successors and assigns.

Notices. Legal notices to us must be sent to customer-support@specky.space; we will send notices to the email address associated with your account, and such notices are effective when sent. You are responsible for keeping your contact details current.

Publicity. Unless you tell us otherwise at customer-support@specky.space, we may identify you by name and logo as a Specky customer on our website and in marketing materials; any goodwill arising from that use accrues to you, and we will stop on request.

Procurement terms; order of precedence. Any conflicting terms in a customer purchase order, vendor-onboarding or procurement portal do not apply to the Service and do not form part of these Terms. In the event of conflict, these Terms prevail over any order form, which prevails over the Documentation, save where an order form expressly amends these Terms by reference to the clause being changed.

24. Customer Data — Authority, Consents & Responsibilities

Where you upload, connect or otherwise make available data through the Service — including content and personal data relating to your own end users, customers or other third parties that we ingest from connected sources such as Slack, Intercom, Jira, GitHub, Gong or analytics tools (“Customer Data”) — you act as the controller of that data and we act as your processor, processing it on your documented instructions under the Data Processing Agreement referenced in our Privacy Policy.

You represent and warrant that, in respect of all Customer Data, you have provided all required notices, obtained all necessary consents, permissions and authorisations, and otherwise have a valid legal basis under applicable data-protection law (including the GDPR) to make that data available to us and to have us process it to provide the Service. You are responsible for the accuracy, quality and legality of Customer Data and the means by which you acquired it. This Section allocates responsibility between you and us; it does not reduce any statutory rights of the data subjects themselves.

25. Aggregated, Usage & Anonymised Data

We may generate and use (a) usage data describing how the Service is accessed and used (such as the frequency and duration of use and the features accessed) and (b) aggregated and anonymised data that does not identify you or any individual, in each case to operate, secure, analyse and improve the Service and for our legitimate business purposes. Where such data is derived from personal data, we anonymise it irreversibly so that it no longer constitutes personal data within the meaning of Art. 4(1) GDPR before using it for these purposes; genuinely anonymised data falls outside the Privacy Policy. We do not use your workspace content or Customer Data to train AI models (see Section 6).

26. Confidentiality

Each party (as “Receiving Party”) may receive confidential information of the other (as “Disclosing Party”), including non-public business, technical, product and commercial information. Your Customer Data is your confidential information. The Receiving Party will: (i) not disclose the Disclosing Party's confidential information except to its personnel, affiliates and sub-processors who have a need to know and are bound by confidentiality obligations at least as protective as these; (ii) use it only to exercise its rights and perform its obligations under these Terms; and (iii) protect it with at least reasonable care.

These obligations do not apply to information that is or becomes public through no breach of these Terms, was lawfully known to the Receiving Party without a duty of confidence, is independently developed without use of the confidential information, or is lawfully received from a third party without restriction. The Receiving Party may disclose confidential information to the extent required by law or court order, giving prior notice where lawfully permitted. Either party may seek injunctive relief for a breach of this Section. This Section does not limit either party's obligations under the Privacy Policy or applicable data-protection law.

27. Contact

For any questions about these Terms, contact us at customer-support@specky.space.