1. Scope and Contractual Basis
1.1 These Service and Terms of Use (“Connect Terms”) apply to the digital services Connect, Connect Plus and Connect Enterprise (together “Connect Services”) offered by Gasyco GmbH, Hauptstraße 122, 1140 Vienna (“Gasyco”).
1.2 The Connect Services are offered exclusively to entrepreneurs within the meaning of § 1 KSchG. No contracts for Connect Services are concluded with consumers.
1.3 The Connect Terms supplement Gasyco’s General Terms and Conditions in the version applicable at the time the contract is concluded (“GTC”), in particular their provisions on digital services. Insofar as the Connect Terms contain deviating or more specific provisions, they take precedence over the GTC.
1.4 The package booked, the assigned device, the price and any additional services agreed individually are set out in Gasyco’s offer and order confirmation. The scope of services of the individual packages is set out in the Connect Service Description (Package Comparison) enclosed with the offer, in the version applicable at the time the contract is concluded (“Service Description”). Clause 3 of these Connect Terms explains the individual services.
1.5 In the event of any conflict, the following order of precedence applies: a) terms individually agreed in writing, the offer and the order confirmation, b) the Service Description, insofar as it defines the scope of services of the packages, c) these Connect Terms, d) the GTC. With regard to the processing of personal data on behalf of the Customer, the Data Processing Agreement (DPA) (Annex 1) takes precedence over all other provisions.
1.6 Brochures, leaflets, website content and other advertising statements describe the Connect Services. They do not establish any characteristics, commitments or guarantees going beyond the Service Description, unless they are expressly declared to form part of the contract.
2. Device-Related Use
2.1 Each Connect subscription applies to exactly one device and is assigned to that device by means of its unique serial number.
2.2 For existing devices, the serial number must be provided when ordering. For newly ordered devices, the assignment is made as soon as the serial number has been determined.
2.3 Transferring the subscription to another device requires Gasyco’s prior consent. Gasyco will not withhold consent without objective reason, in particular where the device is replaced by an equivalent Gasyco device. Gasyco may charge for the technical changeover work on a time-and-materials basis; where a device is replaced under warranty, the changeover is free of charge.
2.4 The Customer must notify Gasyco without undue delay of any sale, lease or other provision of the device to third parties, of its permanent decommissioning or of its relocation to another site. Transferring the subscription to an acquirer of the device requires an agreement between Gasyco, the Customer and the acquirer.
2.5 The Connect Services require the device to have an internet connection that is suitable for the respective function and sufficiently stable. The Customer is responsible for establishing and maintaining it, unless a SIM card is provided under Connect Enterprise in accordance with clause 9.
2.6 The Customer is whoever concludes the Connect subscription with Gasyco, even if they do not operate the device themselves. If the device is leased or otherwise provided to a third party for use (“operator”), paragraph 8 of the clause “Device Data and Remote Service” of the GTC applies. The Customer may have user accounts set up for the operator and is responsible to Gasyco for their use as for its own users. The Customer shall pass on to the operator obligations that can only be fulfilled at the installation site, in particular under clauses 2.5, 5.3, 6.7 and 9.3.
2.7 If the use of a package requires the device to be retrofitted, for example with a communication module or a minimum software version, this must be agreed separately.
3. Scope of Services
3.1 Connect comprises, for the assigned device, in particular:
- access to the Gasyco cloud dashboard,
- display and analysis of the measurement and operating data transmitted by the device,
- assessment of gas quality in accordance with stored standards or customer-specific limit values,
- creation and automatic dispatch of quality reports and calibration certificates,
- alarm log and alarm notifications, and
- secure remote access to the device’s user interface.
Which measured values and functions are available depends on the respective device, its configuration, sensors and software version.
3.2 Connect Plus comprises all services of Connect as well as:
- feature and software updates of the device software as soon as Gasyco has released them for the respective device,
- installation of security updates by Gasyco via remote access, and
- firmware updates of the communication or modem components, insofar as their manufacturer provides such updates.
There is no entitlement to the development of specific new functions, to a specific future range of functions or to a specific number of updates.
3.3 The provision of security updates by Gasyco is governed, irrespective of any Connect subscription, by the GTC and the mandatory statutory provisions, in particular Regulation (EU) 2024/2847 (Cyber Resilience Act). Connect Plus and Connect Enterprise include their installation by Gasyco via remote access. Concluding a Connect subscription is not a prerequisite for receiving security updates that Gasyco provides free of charge.
3.4 Connect Enterprise comprises all services of Connect Plus as well as, insofar as intended and technically supported for the respective device:
- provision of a SIM card (clause 9),
- download of the recorded raw data,
- individual branding of the user interface (clause 11),
- API access for connection to customer systems (clause 10), and
- Single Sign-on via OpenID Connect (clause 10).
3.5 The technical implementation of the API, Single Sign-on and branding is based on the standards and interfaces supported by Gasyco. Individual adaptations, customer-specific interfaces, and integration and development services are only included if they have been expressly agreed.
3.6 The download of raw data via the dashboard and Single Sign-on (clause 3.4) are in preparation. Gasyco will provide them for Connect Enterprise as soon as they have been released and will give notice of the release by e-mail. Until then, these two services are not owed; the Customer may download the measurement data directly from the device via USB at any time (clause 20.3).
4. Users and Access Authorisations
4.1 By way of derogation from the GTC, Gasyco sets up the user accounts on the basis of the persons and e-mail addresses named by the Customer. The Customer manages report and alarm recipients itself in the dashboard. Up to ten report and alarm recipients may be stored per device.
4.2 User accounts are personal and may not be shared by several persons.
4.3 The Customer shall ensure that only authorised persons are given access. If a person leaves or their role changes, the Customer shall notify Gasyco of this without undue delay so that the user account can be blocked or adjusted.
4.4 Login credentials, means of authentication, API keys and comparable access information must be treated as confidential and protected against access by unauthorised persons. Two-factor authentication is available for the Customer’s users. Gasyco recommends activating it, in particular for users with remote access to the device. If a user does not activate it, the Customer bears the resulting risk of unauthorised access, unless Gasyco is responsible for such access. Two-factor authentication is mandatory for Gasyco’s administrative accounts.
4.5 If there is a suspicion that login credentials or authorisations have become known to unauthorised persons or have otherwise been compromised, the Customer must inform Gasyco without undue delay and change the affected login credentials or have them blocked.
4.6 If the Customer purchased the device through a sales partner of Gasyco or leased it from such a partner, Gasyco will set up user accounts for this service partner (paragraph 7 of the clause “Device Data and Remote Service” of the GTC) with read access to the device data and service data of the assigned device, irrespective of the package selected. The service partner accesses the device itself only in accordance with clause 5.5. The Customer may terminate the service partner’s access in accordance with paragraph 7 of the clause “Device Data and Remote Service” of the GTC.
5. Remote Access and Remote Operation
5.1 Depending on the device and configuration, Connect enables remote access to the device’s user interface for operation, monitoring, fault diagnosis and, where agreed, maintenance.
5.2 The Customer shall only allow remote access to be carried out by trained and authorised persons.
5.3 Remote access does not replace either the operating instructions or the organisational and technical safety measures required at the installation site. The Customer shall ensure that remote operation does not endanger any persons, installations or processes.
5.4 Safety functions, safety controls, interlocks and other equipment required for safe operation must not be bypassed or disabled via remote access.
5.5 Gasyco accesses the device only (a) at the Customer’s request or with the Customer’s consent in the course of service and support, (b) to install updates in accordance with clause 6, and (c) to avert an acute security threat. Access takes place only to the extent necessary. Gasyco makes interventions that alter ongoing operation only after approval by a person on site named by the Customer. Gasyco logs remote access to the device and makes the logs relating to the Customer’s devices available to the Customer on request.
5.6 The Customer remains responsible for the proper operation of its device, its installation and its process, unless expressly agreed otherwise.
6. Updates under Connect Plus and Connect Enterprise
6.1 Gasyco installs released updates via remote access.
6.2 Gasyco announces plannable updates at least five working days in advance by e-mail to the contact point named by the Customer. The announcement states the essential content, the expected duration and anticipated effects such as restarts or interruptions.
6.3 The Customer may specify maintenance windows. Gasyco installs plannable updates within these maintenance windows.
6.4 Gasyco may install security updates to remedy an actively exploited or serious vulnerability at short notice and outside the maintenance windows, after informing the Customer as early as possible, unless the Customer objects without undue delay.
6.5 The Customer may object to the installation of an update or postpone it by up to 30 days. If a security update is not installed due to an objection or postponement, the Customer bears the resulting risks.
6.6 If installation via remote access is not possible for reasons within the Customer’s sphere of responsibility, for example due to the IT infrastructure, network configuration, lack of an internet connection or modifications to the device, Gasyco will inform the Customer. In this case there is no entitlement to installation via remote access. Installation on site must be agreed separately and will be charged on a time-and-materials basis.
6.7 Updates may cause temporary restrictions, interruptions or restarts of the device. The Customer shall ensure that the device is in an operating state suitable for installation at the announced time. After installation, the Customer shall carry out the functional checks provided for in the documentation.
6.8 If an update installed by Gasyco impairs the functioning of the device, Gasyco will remedy this without undue delay, where technically possible also by restoring the previous software version.
7. Cloud Dashboard, Measured Values and Reports
7.1 The cloud dashboard displays the data provided by the device and successfully transmitted to the Connect platform. The scope, resolution, timeliness and availability of the data depend in particular on the device’s equipment, sensors, software version, internet connection and configuration.
7.2 Automatically generated quality reports, calibration certificates and other documents are based on the data transmitted by the device and on the stored standards, parameters and limit values.
7.3 The Customer is responsible for the accuracy of the limit values, specifications and other requirements it has stored or communicated to Gasyco. It shall check whether the stored standard and its version are authoritative for its application.
7.4 The calibration certificates generated via Connect document the calibration carried out by the device, in particular the test gas, sensor type and measurement uncertainty. They are not calibration certificates issued by an accredited calibration body, unless this is expressly stated on the document.
7.5 Use of the Connect Services does not release the Customer from statutory, normative or contractual testing, documentation and retention obligations.
8. Alarms and Notifications
8.1 Alarm notifications by e-mail, SMS or via other communication channels are an additional information function.
8.2 Timely delivery depends on telecommunications networks, mobile network operators, internet connections, e-mail systems and other third-party services. Gasyco does not warrant that a notification will reach the recipient in every case or within a specific time.
8.3 Alarm notifications via Connect do not replace any local safety, warning or shut-down equipment required for the safe operation of a device, installation or process.
8.4 The Customer shall keep the stored recipients up to date and check delivery at reasonable intervals.
8.5 SMS alarms are sent by the device directly to the stored recipients via the SIM card inserted in the device. Without a SIM card in the device, SMS cannot be sent. The Customer is responsible for any SIM card inserted by the Customer or its sales partner, in particular for the mobile contract, costs and network coverage. E-mail alarms are transmitted by the device to the Connect platform, which sends them via an e-mail service engaged by Gasyco.
9. SIM Card under Connect Enterprise
9.1 Insofar as provided for in the package booked, Gasyco provides a SIM card for the assigned device. It serves exclusively for the mobile data connection for the intended communication of the device and the Connect Services. The data volume and countries of use are set out in the Service Description.
9.2 The SIM card remains the property of Gasyco or of the mobile network operator. It may only be used in the assigned device. Removing it and using it in other devices, routers, mobile phones or other systems is not permitted.
9.3 The Customer shall protect the device and the SIM card against loss, removal, tampering and unauthorised use, and shall report any loss, unauthorised use or suspected misuse without undue delay.
9.4 The Customer is responsible for any use of the SIM card contrary to the contract or any misuse of it by the Customer or by third parties attributable to the Customer; the Customer shall reimburse Gasyco for the resulting costs, in particular connection charges. Gasyco may block the SIM card in the event of established or reasonably suspected misuse.
9.5 The provision of the SIM card does not constitute a commitment to any specific network coverage, connection quality, data rate or availability. These depend in particular on the installation site, the structural surroundings and the mobile network operator’s network coverage and network load. If a sufficient connection is not possible via the SIM card, the Customer shall provide another suitable internet connection.
9.6 Gasyco may change the mobile network provider, the SIM card or the access method for technical, economic or security-related reasons, provided that this does not unreasonably impair the agreed scope of services. Any necessary replacement of the SIM card is free of charge for the Customer.
10. API and Single Sign-on
10.1 API access and Single Sign-on are available under Connect Enterprise or if separately agreed.
10.2 The Customer is responsible for the secure safekeeping of its API credentials and for the proper implementation and use of the interface in its systems.
10.3 Gasyco may apply technically necessary access restrictions, in particular reasonable rate limits, authentication procedures and security mechanisms.
10.4 Gasyco announces changes to the interface that render existing connections incompatible at least three months in advance. Shorter periods apply only insofar as this is necessary for security reasons.
10.5 For Single Sign-on, the Customer operates a compatible identity management system and provides the information required for set-up.
10.6 Gasyco is not responsible for disruptions arising from systems, configurations or changes within the sphere of responsibility of the Customer or its service providers.
11. Individual Branding
11.1 Insofar as branding forms part of the package, the Customer may provide logos, company names, colours and other design elements.
11.2 The Customer grants Gasyco, for the term of the contract, the non-exclusive right of use required to display these elements within the Connect Services.
11.3 The Customer warrants that it holds the rights required for this purpose and shall indemnify and hold Gasyco harmless with respect to justified claims by third parties arising from their use.
12. Data
12.1 “Device data” means the data generated by the device and transmitted to the Connect platform. “Service data” means the data arising from the use of the Connect Services, such as reports, alarm logs and configurations. “Customer data” means the content provided by the Customer, such as limit values, user data and branding elements.
12.2 During the term of the contract, the Customer may access the data via the dashboard and, depending on the package, via raw data download and API. The Customer’s rights under Regulation (EU) 2023/2854 (Data Act), in particular to access device data and service data and to share them with third parties, remain unaffected, insofar as that Regulation applies to Gasyco.
12.3 Gasyco may use non-personal device data and service data in order to (a) provide the Connect Services, (b) analyse faults and ensure security, (c) improve and further develop its own products and services, and (d) compile statistics in aggregated or anonymised form. Gasyco shall not use such data to derive insights into the Customer’s economic situation, assets or production methods that could undermine the Customer’s market position. Such data shall be disclosed to third parties only to the service partner under clause 4.6 and to service providers engaged by Gasyco for the purposes stated, or on the basis of a statutory obligation. This provision takes precedence over the provision of the GTC on the use of registered data for marketing purposes.
12.4 Rights in Customer data remain with the Customer. Gasyco is granted the rights of use in such data that are necessary for the performance of the contract.
12.5 Gasyco stores device data and service data for the term of the contract, unless the Service Description provides for a shorter storage period, and performs regular backups of the platform in accordance with the state of the art. The Customer’s own retention obligations remain unaffected.
12.6 The clause “Device Data and Remote Service” of the GTC also applies to devices with Connect Services, irrespective of the package selected. Gasyco may therefore use device data for service and support in every package. In the event of any conflict, these Connect Terms prevail.
13. Data Protection
13.1 The GTC and Gasyco’s privacy notice apply to personal data that Gasyco processes as controller for the purpose of performing the contract.
13.2 Insofar as Gasyco processes personal data on behalf of the Customer within the scope of the Connect Services or of remote service under the clause “Device Data and Remote Service” of the GTC, in particular user accounts, contact details of report and alarm recipients, location information and logs, Gasyco is a processor within the meaning of Art 28 GDPR. The Data Processing Agreement (DPA) (Annex 1) applies in this respect.
13.3 Gasyco operates the Connect platform on its own servers in Austria. Gasyco engages a sub-processor for sending e-mail notifications, whose processing takes place within the EU. Personal data shall be transferred to third countries, including access by sub-processors from third countries, only subject to the conditions of Chapter V GDPR. The sub-processors are listed in Schedule B of Annex 1.
14. IT Security
14.1 Gasyco takes appropriate technical and organisational measures in accordance with the state of the art to protect the Connect Services and the data processed in them.
14.2 The Customer, for its part, takes appropriate security measures for user accounts, end devices, networks, identity management systems, access credentials and interfaces. Gasyco’s security features do not release the Customer from its own statutory obligations relating to IT security and cybersecurity.
14.3 The Customer shall designate to Gasyco a point of contact for security information and shall notify any changes without undue delay. Through this point of contact, Gasyco informs the Customer of available security updates, of vulnerabilities affecting the Customer and, without undue delay, of security incidents affecting the Customer’s data or devices, including recommended countermeasures.
14.4 If the Customer requires information from Gasyco in order to comply with its own statutory cybersecurity obligations, such as those relating to supply chain security, Gasyco shall make the information available to it to a reasonable extent. Audits, questionnaires beyond the customary scope and evidence of certification are subject to separate agreement.
15. Availability, Maintenance and Faults
15.1 The Connect Services are provided as an online service. Uninterrupted or fault-free availability is not owed unless a separate service level agreement is in place. Maintenance work, security measures, technical faults and outages of telecommunications, mobile, internet or hosting services may result in temporary restrictions.
15.2 Gasyco carries out plannable maintenance work on the Connect platform outside normal business hours wherever possible. Gasyco gives at least three working days’ advance notice of longer plannable interruptions.
15.3 The Customer reports faults as precisely as possible by e-mail or by telephone. Gasyco remedies faults within its sphere of responsibility during its business hours within a reasonable period.
16. Changes to the Services and to these Terms
16.1 Gasyco may further develop and change the Connect Services technically, provided that the functions stated in the Service Description are not thereby unreasonably impaired. A function stated in the Service Description shall be discontinued during a current contract period only if this is necessary for legal or security-related reasons or due to the discontinuation of a third-party service. Gasyco informs the Customer thereof without undue delay. If the discontinuation is material to the Customer, the Customer may terminate the contract with immediate effect; fees already paid for the period after the end of the contract will be refunded pro rata.
16.2 Gasyco notifies the Customer in text form of changes to these Connect Terms, the Service Description or the prices no later than four months before the expiry of the current contract period. They apply from the beginning of the following contract period unless the Customer terminates the contract in due time in accordance with clause 17.2 with effect from the end of the current contract period. Gasyco draws attention to this consequence in the notification.
16.3 Gasyco may also make changes that are required by mandatory statutory or regulatory requirements and do not place the Customer in a worse position during a current contract period, following notification.
17. Commencement, Term and Termination
17.1 The Connect subscription commences upon activation for the assigned device, unless a different commencement date has been agreed in the offer or in the order confirmation. Gasyco notifies the Customer of the activation date.
17.2 By way of derogation from the GTC, the contract term is twelve months from activation. The contract is renewed for a further twelve months in each case unless terminated by either contracting party no later than three months before the expiry of the respective contract period.
17.3 The right of each contracting party to terminate for good cause remains unaffected. Good cause for Gasyco includes, in particular, the grounds stated in the GTC for digital services.
17.4 If the Customer wishes to switch to another provider of comparable services or to its own IT infrastructure, it may terminate the contract by giving two months’ notice, referring to the switch (Art 25 Data Act). Gasyco supports the switch in accordance with clause 20.3. If the contract thereby ends before the expiry of the contract period, the fee for the entire current contract period remains owed as a fee for early termination. Fees already paid are not refunded.
17.5 If the assigned device is permanently decommissioned or destroyed and not replaced, the Customer may terminate the contract with effect from the end of the current contract period even after the notice period has expired.
18. Prices and Invoicing
18.1 Unless otherwise stated in the offer, the agreed price applies to a contract period of twelve months per assigned device. All prices are net, plus VAT.
18.2 By way of derogation from the GTC, the fee is invoiced in advance at the beginning of each contract period for that period. In all other respects, the GTC apply to due dates, payment default and default interest.
18.3 The fee is index-linked to the consumer price index (VPI 2020) published by Statistics Austria or any index replacing it. The base value is the index figure published for the month in which the contract is concluded. The fee is adjusted at the beginning of each renewal period in proportion to the ratio of the most recently published index figure to the base value, both upwards and downwards. The index figure applied in each case is the base value for the next adjustment.
18.4 Individually agreed additional, integration, development and support services as well as services under clause 6.6 are charged separately on a time-and-materials basis at Gasyco’s rates applicable from time to time.
19. Suspension of Access
19.1 Gasyco may temporarily suspend, in whole or in part, access to the Connect Services or individual functions if
- this is necessary to avert a threat to the security or functionality of the Connect Services, the device or other systems,
- unauthorised or abusive use is detected or reasonably suspected,
- access credentials or other means of authentication have been compromised, or
- the Customer is in default with a payment due and fails to pay even within a grace period of at least 14 days following a reminder in which the suspension was announced.
19.2 Gasyco limits the suspension to the extent necessary, informs the Customer without undue delay of the reason for and scope of the suspension, and lifts it as soon as the reason has ceased to apply. The local functioning of the device remains unaffected by a suspension.
19.3 During a suspension due to payment default, the payment obligation continues. A suspension required for security reasons does not give rise to any claim for damages or reduction of the fee, insofar as Gasyco is not responsible for the cause.
20. End of Contract
20.1 Upon the end of the contract, the right to use the Connect Services ends. Cloud access, remote access, update services, API access, single sign-on, alarm notifications via Connect and any SIM card provided are deactivated. The Customer shall arrange a replacement solution in good time insofar as it continues to require these functions.
20.2 The Customer shall return any SIM card provided at Gasyco’s request or destroy it in accordance with Gasyco’s instructions.
20.3 The Customer may download the measurement data recorded by the device directly from the device via USB at any time. The Customer receives quality reports and calibration certificates on an ongoing basis by e-mail and may download them in the dashboard. The Customer may view the other data available in the dashboard, such as alarm logs and limit values, in the dashboard until the end of the contract and during a retrieval period of 30 days thereafter. There is no further entitlement to a data export by Gasyco.
20.4 After the retrieval period has expired, Gasyco deletes the Customer’s data within 60 days, unless a statutory retention obligation precludes this. Anonymised or aggregated data under clause 12.3(d) are excluded from this.
21. Warranty, Responsibility and Liability
21.1 The Connect Services support the monitoring, documentation, operation and maintenance of Gasyco devices. They do not replace the Customer’s responsibility for the safe operation of the device, the plant and the process in accordance with their intended use. Decisions on the operation, release, shutdown or modification of a process, as well as the assessment of local operating and safety conditions, are made by the Customer.
21.2 During the contract term, Gasyco provides the Connect Services substantially in accordance with the Service Description. The Customer reports defects as precisely as possible without undue delay after discovery. Gasyco remedies reported defects within a reasonable period. By way of derogation from the GTC, the period for giving notice of defects from acceptance and the six-month warranty period do not apply to the ongoing provision of the Connect Services.
21.3 Gasyco is not liable for damage resulting from the fact that
- the Customer uses the Connect Services outside the intended purpose,
- the Customer’s users access the device without authorisation or improperly,
- necessary local security measures are lacking,
- there is no sufficient internet, mobile or network connection,
- systems or services of third parties that are not vicarious agents of Gasyco are unavailable,
- information, limit values or configurations provided by the Customer are incorrect or incomplete, or
- the Customer has rejected or postponed an update under clause 6.5, insofar as Gasyco is not responsible for these circumstances.
21.4 In all other respects, the GTC apply to warranty and liability, including the limitations of liability provided for therein for digital services.
21.5 The limitations of liability in these Connect Terms and in the GTC do not apply (a) to damage arising from an intentional or grossly negligent breach of obligations relating to access to data and its use, provision, sharing and deletion, (b) to damage arising from injury to life, body or health, (c) to claims under the Product Liability Act, and (d) insofar as mandatory law precludes this.
22. Intellectual Property and Rights of Use
22.1 All rights in the Connect Services, the underlying software, user interface, database structure, documentation, interfaces and other components developed by Gasyco remain with Gasyco or the respective rights holders.
22.2 For the term of the contract, the Customer is granted a non-exclusive, non-transferable right, limited to the contractual purpose, to use the Connect Services booked.
22.3 Any reproduction, modification, disclosure, publication, sublicensing or other use beyond the purpose of the contract is not permitted without Gasyco’s prior written consent, unless it is permitted by mandatory law.
22.4 Where the Connect Services or the device software contain open-source components, the respective licence terms, which Gasyco makes available in the documentation or on request, apply to them with priority.
23. Final Provisions
23.1 Insofar as these Connect Terms do not contain any provision, the GTC apply.
23.2 Changes or additions to the individual scope of services require a written agreement.
23.3 Where these Connect Terms provide for written form or text form, an e-mail to the address of the other contracting party last notified is sufficient. This also applies to notices of termination.
23.4 The GTC apply to the governing law, place of performance and place of jurisdiction.
23.5 Should any provision be or become invalid or unenforceable in whole or in part, the remaining provisions remain unaffected.