Terms and Conditions

The terms and conditions governing your use of Fesk.

Last updated: July 26, 2026

1. Provider and Scope

These Terms and Conditions govern the use of the Fesk platform ("the Service") and apply to all contracts between you and Fesk e.U., Mariahilfer Straße 136, 1150 Vienna, Austria (full details in our Legal Notice). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these terms, you may not use the Service.

2. Business Use Only (B2B)

The Service is intended exclusively for entrepreneurs within the meaning of § 1(1)(1) of the Austrian Consumer Protection Act (KSchG), as well as businesses, public authorities, and other organizations that use it in the course of their commercial, business, or professional activity. Contracts with consumers are excluded. By registering, you confirm that you are using the Service as a business and not as a consumer, and that you are authorized to represent the organization you specify. Consumer protection provisions that apply mandatorily only for the benefit of consumers do not apply.

3. Description of Service

Fesk is a support ticket management platform that provides visual swimlane boards, team collaboration tools, automation, and customer portal features. The Service is provided on a subscription basis with various tiers as described on our Pricing page.

4. Conclusion of Contract

The contract is concluded upon completion of registration or upon booking a paid plan. Before submitting a binding order, you can review and correct your entries. The contract language is German; an English version of these Terms is provided for convenience. In case of conflict, the German version prevails. The contract text (these Terms) remains permanently available on this page.

Since the Service is intended exclusively for entrepreneurs (section 2), the parties agree that §§ 9 and 10 of the Austrian E-Commerce Act (ECG) do not apply (§ 9(3), § 10(3) ECG). In accordance with § 11 ECG, we make these Terms and the contract text permanently available at fesk.io/terms in a form that allows you to store and reproduce them. In addition, we allow you to review and correct your entries before submitting your order and confirm receipt of your order without undue delay by email.

5. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Upload malicious code, viruses, or harmful content
• Resell or redistribute the Service without authorization

7. Subscription, Prices, and Taxes

Paid subscriptions are billed in advance on a monthly or annual basis. Up to 3 active users per billing period are free. Once 4 or more users are active in a billing period, all active users in that period are billed at USD 5 per active user per month. Users who have already been active remain billable for the current billing period even if the user limit is later reduced or a user is removed. Pricing details are available on our Pricing page. You may upgrade, downgrade, or cancel your subscription at any time through the billing settings.

All prices are net prices for business customers and exclude applicable taxes (VAT/GST/sales tax). Tax treatment depends in particular on the billing address, tax status, type of supply, and a validated tax/VAT identification number. For intra-EU supplies to businesses with a valid VAT ID, the reverse-charge mechanism may apply and the tax liability shifts to you. Where Austrian VAT is charged and the invoice is issued in another currency, the tax amount will also be stated in EUR where required by law. Any withholding taxes or local levies in your country are borne by you; payments to us are made without deduction of such amounts.

In addition to the per-user fee, usage-based components may apply, in particular for AI usage and API calls, at the unit prices and free allowances shown on the Pricing page in the version in force at the time of performance. Billing is based solely on the metering data we record, which is available to you in the billing area, updated daily and broken down per billing period. You can set cost caps in the billing area; when a cap is reached, the affected features are disabled. Objections to the billed usage volume must be raised in text form within 30 days of the invoice date; we disclose the underlying metering data on request. The undisputed portion falls due pending clarification.

8. Data Ownership

You retain all rights to the data you submit to the Service. We do not claim ownership of your content. You grant us a limited license to host, store, and process your data solely to provide the Service. Details are set out in our Privacy Policy. Where you process third-party personal data in the Service as a controller, the Data Processing Agreement applies automatically upon registration (see GDPR page).

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. SLA figures shown on the Pricing page apply only where expressly agreed in a separate SLA or individual contract. Without such an agreement, response-time and availability figures are non-binding targets. We may perform scheduled maintenance with advance notice. Current service status is available on our Status page.

10. Warranty

The Service is provided with reasonable skill and care. The statutory warranty provisions of the Austrian Civil Code (ABGB) apply to defects. In business transactions, these are modified to the extent permitted by law as follows: the statutory presumption that a defect already existed at the time of performance (reversal of the burden of proof) is excluded; the customer must give notice of apparent defects without undue delay, and at the latest within 14 days of their occurrence, in a comprehensible form. Otherwise, the Service is provided "as is" and "as available"; further warranties, in particular as to fitness for a particular purpose, are not assumed to the extent permitted by law.

11. Liability

Fesk is liable without limitation for intent and gross negligence, as well as for damage arising from injury to life, body, or health. For slightly negligent damage to property or financial loss, Fesk's liability is limited to the extent permitted by law. Liability for indirect damage, consequential damage, lost profit, loss of data, and business interruption is excluded in cases of slight negligence. In the case of slight negligence, Fesk's total liability per claim is limited to the greater of (a) the fees paid by the customer in the twelve months preceding the event giving rise to the claim or (b) EUR 500. Mandatory liability under the Austrian Product Liability Act (PHG) remains unaffected.

11a. AI-Generated Content

Where the Service produces automated responses, suggestions, or actions using artificial intelligence (e.g. suggested replies, autonomous ticket handling), Fesk does not warrant the accuracy, completeness, or suitability of such AI-generated content. The customer remains solely responsible for reviewing AI outputs and for all communications with its own end users. Any liability of Fesk for AI-generated content is limited to the liability framework set out in section 11 above.

11b. EU AI Act, Role Allocation and Transparency Obligations

Fesk provides an AI system within the meaning of Regulation (EU) 2024/1689 ("EU AI Act") as part of the Service. The obligations below apply from the respective statutory date of application of the Regulation and only insofar as the AI features you activate fall within its scope. The transparency obligations under Art. 50(1), (3), and (4) apply from 2 August 2026; the technical machine-readable marking under Art. 50(2) we implement in line with the applicable transition period. A visible marking of AI-generated outputs in the user interface is already provided today. For the purposes of that Regulation:

• Fesk as Provider: Fesk is the provider of the AI system and fulfils the provider-side obligations, in particular marking AI-generated outputs in machine-readable form (Art. 50(2) EU AI Act) and making technical documentation and system transparency available to the deployer.
• The Customer as Deployer: The customer is the deployer of the AI system within the meaning of the EU AI Act insofar as it activates the AI features of the Service and uses them toward its own end users. The customer is in particular obligated to inform its end users that they are interacting with an AI system or that content is AI-generated (Art. 50(4) EU AI Act) and to fulfil the deployer-side obligations under Art. 26 EU AI Act.
• Cooperation: Fesk supports the customer in meeting its deployer obligations by marking AI outputs as such, providing configuration options for the AI's degree of autonomy, and making additional information about the functioning of the AI system available upon request.

12. Set-Off and Retention

The customer may only set off against claims of Fesk with counterclaims that are undisputed or have been finally determined by a court. The customer may only exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.

13. Termination

Either party may terminate the agreement at any time. Upon termination, your access to the Service will cease. Personal data is removed from or anonymized in production systems within 30 days after account deletion, unless retention is required by law. Backup copies may remain for up to a further 30 days in the rolling backup cycle. Billing records and invoices are retained for seven years in accordance with Austrian tax and commercial law (§ 132 BAO, § 212 UGB).

13a. Provider Switching, Data Portability, and Exit

In accordance with Chapter VI of Regulation (EU) 2023/2854 (Data Act):

• Switching right. You may at any time request our assistance in switching to another provider or to your own IT environment. The period for initiating the switch is at most two months from your request.
• Transition period. From initiation of the switch, we continue to provide the Service unchanged for a transition period of 30 calendar days. If the switch is technically not feasible within this period, we will inform you within 14 working days, stating the reasons, and extend the transition period appropriately.
• Exportable data. Exportable are: tickets including history, comments, and status changes; attachments; contact and user master data; knowledge-base content; project, workflow, and SLA configuration; audit and activity logs. Output formats are JSON and CSV, attachments in their original format, available via API and self-service export.
• Not exportable are internal operational, security, and billing logs, model and system artifacts, and data that would disclose trade or business secrets of Fesk or the rights of third parties.
• Jurisdiction of the ICT infrastructure. The region applicable to your workspace and the associated country are shown at registration and visible in the workspace settings; the current list of all regions and their transfer instrument is available at fesk.io/gdpr.
• Fees. For the switch, we charge at most the costs actually incurred until 11 January 2027; from 12 January 2027 the switch is free of charge.
• Deletion. After the transition period ends, we delete all exportable data in accordance with section 13 and section 10 of the DPA.

14. Export and Sanctions Compliance

You agree to use the Service in compliance with all applicable export, re-export, and sanctions regulations (in particular those of the EU, Austria, and the USA). You represent that you are not located in a sanctioned country, are not on any relevant sanctions or denied-party list, and will not use the Service for any prohibited purpose.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. If you do not object within this period and continue using the Service, the changes are deemed accepted; we will draw your attention to this consequence in the notice.

16. Governing Law, Place of Performance, and Jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for all obligations arising from this contract is Vienna, Austria. The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the competent court in Vienna, Austria. Mandatory statutory places of jurisdiction remain unaffected.

17. Final Provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.

18. Contact

For questions about these Terms, please contact our support team.