Terms and Conditions

The terms and conditions governing your use of Fesk.

Last updated: October 17, 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. We do not send a separate order confirmation by email; receipts and invoices are sent by our payment provider Stripe on our behalf by email to the billing email address stored in the account (section 7(6)).

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

(1) Fees. 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. Business support and the use of AI features and API calls beyond the respective free allowances are also charged for. The prices and free allowances shown on our Pricing page apply in the version in force when the contract is concluded or as changed in accordance with section 7b.

(2) Billing period. Billing is monthly. A billing period starts on the 1st of each month at 09:00 in the time zone set in your account's billing settings and ends when the next one starts. Business support is billed in advance for the billing period that begins. Active users, AI usage, and API calls are billed in arrears for the billing period that has ended.

(3) Changes to booked services. You can add, change, or cancel paid services at any time in the billing settings. An upgrade takes effect immediately; the prorated fee for the rest of the current billing period is charged with the next monthly invoice. A downgrade or cancellation takes effect at the end of the current billing period; until then the booked service remains available. Fees paid in advance are not refunded. This does not apply if the contract ends early for good cause attributable to Fesk; in that case we refund fees paid in advance for the unused period on a pro-rata basis.

(4) Prices and taxes. All prices are in US dollars (USD) and are net prices plus the applicable VAT or comparable taxes (VAT/GST/sales tax). Fesk supplies services to businesses; under § 3a(6) of the Austrian VAT Act (UStG), these are in principle supplied at the place from which the recipient runs its business. Accordingly:

• For customers established in Austria, we charge Austrian VAT.
• For customers established in another EU member state that have provided a valid VAT identification number, the supply is not taxable in Austria. The tax liability passes to the customer (reverse charge); the invoice shows no Austrian VAT. Without a valid VAT identification number, we charge Austrian VAT.
• For customers established outside the EU, the supply is not taxable in Austria. Any tax liability in the customer's country is borne by the customer, unless we are required to collect that tax under the law of that country; in that case we charge it in addition.

The tax treatment is based on the billing address and VAT or tax identification number stored in the account. You must keep this information complete and accurate and enter any changes in the organization settings without undue delay. Any withholding taxes or local levies in your country are borne by you; payments to us are made without deduction of such amounts.

(5) Usage-based services. Billing of active users, AI usage, and API calls 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.

(6) Electronic invoices. You agree that invoices are issued and transmitted exclusively in electronic form (§ 11(2) UStG). Invoices and receipts are created by our payment provider Stripe on our behalf and sent by email to the billing email address stored in the account; invoices are also available in the billing area.

7a. Payment, Default, and Suspension

(1) Payment authorization. By booking a paid service, you authorize us to collect the fees due on a recurring basis from the payment method stored in the account through our payment provider Stripe. You ensure that a valid payment method with sufficient funds is stored. A fourth user can only be added once a valid payment method is stored.

(2) Due date. Fees are due when invoiced and are collected from the stored payment method at that time.

(3) Failed payments. If a collection fails, Stripe retries the payment over the following days, and you are notified by email. You can change the payment method and pay the outstanding amount at any time in the billing settings.

(4) Suspension. If three payment attempts for monthly invoices (renewal invoices and usage invoices) have failed, or if 14 days have passed since the first failed payment attempt for such an invoice without the outstanding amount being paid, we may suspend your account. While the account is suspended, the Service cannot be used; administrators can, however, still access the billing settings to change the payment method and pay outstanding amounts. Once the outstanding amount has been paid, we lift the suspension. Your data remains stored during the suspension. The suspension does not affect your obligation to pay the fees incurred up to that point.

(5) Consequences of default. In the event of late payment, you owe default interest at the statutory rate (§ 456 of the Austrian Commercial Code, UGB) and a lump sum of EUR 40 as compensation for recovery costs (§ 458 UGB). We reserve the right to claim further appropriate recovery costs. Our right to terminate for good cause (section 13(3)) remains unaffected.

7b. Price Changes

We may change prices and free allowances with effect for future billing periods. We will notify you of a change by email to the billing email address at least 30 days before it takes effect. It takes effect at the earliest at the start of the first billing period that begins after this notice period has expired. If the change increases your fees, you may terminate the contract with effect from the date the change takes effect, up until that date; we will point out this right in the notice. We may pass on price reductions without notice.

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

(1) Service owed. Fesk provides the Service as software as a service for use over the internet, with the features described on our website and in the product documentation when the contract is concluded, and performs it with the care of a diligent business. Availability is governed by section 9. Any further characteristics or fitness for a particular purpose are owed only where expressly agreed. We may further develop the Service, provided the described core features are retained and the change is reasonable for you.

(2) Remedying defects. If the Service has a defect, we remedy it within a reasonable period after your notice of the defect, at our choice by fixing the error, by a reasonable workaround, or by a new version. If the defect is not remedied within a reasonable period or remedying it is impossible, you may demand an appropriate reduction of the fee for the duration of the defect or, if the defect is not merely minor, terminate the contract for good cause (section 13(3)). Claims for damages are governed by section 11.

(3) Business transactions. The statutory warranty provisions of the Austrian Civil Code (ABGB) are modified to the extent permitted by law as follows: the statutory presumption that a defect already existed at the time of performance (§ 924 ABGB) 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.

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

(1) Termination by you. The contract runs for an indefinite period. You may terminate it at any time with effect from the end of the current billing period. If you do so by cancelling the paid services in the billing settings, they remain available until the end of the billing period. If you close the account instead, your access ends immediately. In both cases, the fee billed in advance for the current billing period and the fees billed in arrears for the services provided until the end (section 7(2)) remain payable.

(2) Termination by Fesk. We may terminate the contract with 30 days' notice to the end of a billing period.

(3) Termination for good cause. The right of either party to terminate the contract for good cause without notice remains unaffected. Good cause for us exists in particular if your account has been suspended for late payment (section 7a(4)) and the outstanding amount is still unpaid 30 days after the suspension, or if you use the Service contrary to section 6 or section 14 despite a warning.

(4) Consequences. When the termination takes effect, your access to the Service ends. 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 change these Terms with effect for the future, provided the change does not concern essential contractual terms and does not unreasonably disadvantage you, for example to adapt them to changes in the law or case law, to cover new features, or for clarification. We will notify you of such changes via email or in-app notification at least 30 days before they take effect. If you do not object in text form within this period, the changes are deemed accepted; we will draw your attention to this consequence and your right to object in the notice. If you object, the previous terms continue to apply; we may then terminate the contract in accordance with section 13(2).

Changes to prices and free allowances are governed exclusively by section 7b. Changes to the scope of the Service, the main performance obligations, or other essential contractual terms never take effect through silence, only with your express consent.

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.