GENERAL TERMS AND CONDITIONS
My Poppies GmbH
Version 1/2025
Fullcron is a registered trademark of My Poppies GmbH
1. General
1.1. GTC
My Poppies GmbH operates the websites mqtt.fullcron.tech and qtdash.fullcron.tech. The contractual partner of My Poppies GmbH is referred to as the "Customer". These General Terms and Conditions are referred to as "GTC". These GTC govern the use of the services of My Poppies GmbH for the customer via the aforementioned websites. As soon as the customer uses services on these websites, they declare their agreement to be bound by these GTC.
1.2. Preamble: Business activity, business area of My Poppies GmbH
My Poppies GmbH operates an information page and a web interface (hereinafter also referred to as MQTT Dashboard) on mqtt.fullcron.tech and qtdash.fullcron.tech for the display and export of sensor data that is transmitted to the servers of My Poppies GmbH using the MQTT protocol.
2. Validity of the GTC
These GTC apply insofar as no deviations are expressly agreed upon in individual cases, and not only in the business transaction in which an express agreement is made about them, but also for all further business transactions with the customer.
My Poppies GmbH reserves the right to change the GTC. Changed GTC apply from the time of first use towards the customer.
Conflicting terms and conditions of the customer are not accepted and do not become part of the contract; My Poppies GmbH objects to them, even if this is not specifically expressed in individual cases.
3. Data processing, data protection and electronic communication
The customer expressly agrees to the collection of their data and electronic data processing.
When the customer uses a service of My Poppies GmbH and sends emails to My Poppies GmbH, the customer communicates with My Poppies GmbH electronically. My Poppies GmbH will communicate with the customer via email or by publishing notices on the website or as part of other electronic services of My Poppies GmbH. For contractual purposes, the customer agrees to receive electronic communication from My Poppies GmbH. The customer further agrees that all consents, notifications, publications and other communications that My Poppies GmbH electronically communicates to the customer do not require written form, unless mandatory applicable legal provisions require another form of communication.
4. Offers
All offers from My Poppies GmbH on the website mqtt.fullcron.tech and qtdash.fullcron.tech are non-binding, unless they are expressly designated as binding. Our offer is directed exclusively at businesses.
5. Contract conclusion
Contracts between My Poppies GmbH and the customer are only concluded with the paid use of our MQTT Dashboard.
The use of the MQTT Dashboard during the test phase or with the free trial version of the customer thus merely represents an offer to My Poppies GmbH to conclude a paid subscription. When the customer concludes a paid subscription, the contract is concluded and My Poppies GmbH sends the customer an email confirming receipt of the customer's order.
After the test phase, one gateway and two counters remain, while all additional gateways and counters are deleted. The retention period for counter data is reduced to 30 days. The customer is responsible for exporting their data before the end of the test phase. Data recovery after expiration is not possible.
The customer agrees to receive invoices electronically. Electronic invoices are provided to the customer in PDF format.
6. Prices
The services of My Poppies GmbH are billed in advance either monthly or annually. The contract is automatically renewed on the date of the original contract conclusion and can be terminated at any time without notice period. Payments already made will not be refunded.
Upon termination of the paid subscription, the account is converted to the free version. In the free version, only one gateway and two counters are included; excess gateways and counters are deleted. The retention period of the stored counter data is reduced to 30 days upon expiration of the contract, which may result in data loss. The customer is responsible for exporting their data before the contract expires. Data recovery is not possible.
My Poppies GmbH annually adjusts the fees for its services (SaaS services) to the inflation rate (value adjustment). The Consumer Price Index (CPI) published monthly by the Federal Institute of Statistics Austria or the index replacing it serves to calculate this value adjustment. The base is the last announced index figure as of 01.09. The value adjustment of the fees takes place annually on 01.09. The fees change according to the extent to which the index changes. The index figure on the basis of which the last value adjustment was made serves as the basis for the subsequent value adjustment. Information about the Consumer Price Index can be found on the website of the Federal Institute of Statistics Austria (https://www.statistik.at).
7. Payment
The customer is obligated to pay the amount shown in the order confirmation to My Poppies GmbH in advance by prepayment. In case of payment default, My Poppies GmbH reserves the right to delete the customer's stored data and close their account.
8. Applicable law, jurisdiction
Austrian law applies exclusively to all business transactions of My Poppies GmbH, in the absence of a deviating agreement, however, with the express exclusion of the provisions of the UN Sales Convention.
For all disputes arising from or in connection with legal transactions of My Poppies GmbH, the exclusive jurisdiction of the competent court at the registered office of My Poppies GmbH in 1040 Vienna is agreed. However, My Poppies GmbH has the right to assert its claims at another court venue if a decision of the agreed court would not be enforceable against the customer.
9. Final provisions
Changes or additions to contracts between My Poppies GmbH and the customer require written form to be effective. Both parties waive in advance the right to deviate from this formal requirement other than by written agreement.
Should a provision of these GTC be or become invalid, this does not affect the validity of the remaining provisions. Both parties undertake to apply an effective replacement provision that corresponds as closely as possible to the meaning of the invalid provision.
10. Contact information of My Poppies GmbH
The websites mqtt.fullcron.tech and qtdash.fullcron.tech are operated by My Poppies GmbH. My Poppies GmbH is a limited liability company registered with the Commercial Court of Vienna under FN433853w with its registered office in Vienna.
The contact details are:
My Poppies GmbH
Managing Director: Paul Baumühlner
Address: 1040 Vienna, Karolinengasse 33/6
E: office@mypoppies.com
W: www.mypoppies.com
VAT Number: ATU69779769
last update: 22.01.2025