Terms of Use
Bitstem GmbH
Bahnhofstrasse 9, 3464 Hausleiten, Austria
Commercial Register: FN 408547f, LG Korneuburg
VAT ID: ATU68384125
Email: office@bitstem.com
Last updated: April 20, 2026 Version: 1.0
1. Scope and Subject Matter
1.1 These Terms of Use ("Terms") govern the use of the Bitstem website at https://bitstem.eu and the associated customer area (together, the "Portal") operated by Bitstem GmbH ("Bitstem", "we", "us").
1.2 The Portal allows organizations and the natural persons affiliated with them ("Users") to register accounts, manage seat assignments for Bitstem software products, download installers, and access related account information.
1.3 These Terms govern only the use of the Portal itself. The use of any Bitstem software product downloaded or activated via the Portal — including, in particular, 5GR — is governed exclusively by the End User License Agreement ("EULA") accompanying the respective product. Commercial conditions for the purchase of licenses (pricing, payment, invoicing, taxation, warranty, withdrawal, and similar) are governed by separate terms presented at the point of sale or by individual agreement.
1.4 The Portal is intended for use in a business or professional context. Conflicting terms of the User are not accepted unless Bitstem expressly agrees in writing.
2. Accounts
2.1 Organization accounts. Registration of an organization account requires accurate organization data (legal name, registered address, and, where applicable, a valid VAT ID) and accurate personal data of the registering organization administrator ("Organization Admin"). The Organization Admin must accept these Terms, acknowledge the Privacy Policy, and explicitly confirm that they are authorized to register on behalf of the organization. The Organization Admin warrants the truthfulness of this confirmation and shall indemnify Bitstem against third-party claims arising from a breach of this warranty.
2.2 User accounts. Additional Users may be invited by an Organization Admin. Invited Users register a personal account by providing their name, email address, and a password, and by accepting these Terms and acknowledging the Privacy Policy.
2.3 Email confirmation. All accounts must be activated via a confirmation link sent to the email address provided at registration. Bitstem is not obliged to enable accounts for which confirmation has not been completed.
2.4 Credentials. Users are responsible for choosing a sufficiently strong password, for keeping their credentials confidential, and for any activity that occurs under their account. Bitstem must be notified without undue delay if a User has reason to believe their account has been compromised.
2.5 Accuracy of data. Users must keep their account data current. Bitstem may suspend accounts whose data is materially inaccurate.
3. Roles and Authority of the Organization Admin
3.1 The Organization Admin is authorized to view and manage all Users associated with their organization, to invite and remove Users, and to assign or revoke seat entitlements for licensed Bitstem software products within the scope of seats acquired by the organization.
3.2 Actions taken by an Organization Admin are attributed to the organization. Bitstem is entitled to rely on instructions issued through the Organization Admin's authenticated account without further verification.
3.3 The organization is responsible for designating, replacing, and — where appropriate — restricting the persons acting as Organization Admin. Disputes between an organization and its Users or between multiple persons claiming administrative authority must be resolved by the organization itself; Bitstem is entitled, but not obliged, to act on a documented request from an authorized representative of the organization.
4. License Management via the Portal
4.1 Where seats for a Bitstem software product have been acquired by an organization, the Portal serves as the administrative interface for assigning those seats to Users and for revoking such assignments.
4.2 The number of concurrent active seat assignments may not exceed the number of seats held by the organization. The Portal may enforce this limit technically.
4.3 Assignment of a seat to a User entitles that User to activate and use the relevant software product subject to the applicable EULA. Revocation of a seat terminates the User's right to continued activation of the software, subject to any offline grace period defined by the software.
4.4 The acquisition, refund, or expiry of seats themselves is governed by the commercial terms in force at the time of purchase and is not the subject of these Terms.
5. Downloads
5.1 The Portal may offer installers, updates, and related materials for download. Such materials are provided for use exclusively in connection with a valid license under the applicable EULA.
5.2 Bitstem may, at its discretion, withdraw, replace, or update download artefacts and may discontinue support for older versions. Users are responsible for keeping their installations current to the extent recommended by Bitstem.
6. Acceptable Use
6.1 Users shall not:
a) attempt to gain unauthorized access to the Portal, other accounts, or underlying systems; b) interfere with the operation of the Portal, including by means of automated requests, scraping, denial-of-service techniques, or by circumventing rate limits or bot protection mechanisms; c) use the Portal to transmit malicious code or unlawful content; d) reverse engineer, decompile, or attempt to extract the source code of the Portal, except to the extent such restriction is prohibited by mandatory law; e) misrepresent their identity or affiliation, or use the Portal under a false organization; f) use the Portal in violation of applicable export control or sanctions law.
6.2 Bitstem may suspend or terminate accounts that violate this Section 6, with or without prior notice depending on the severity of the violation.
7. Availability
7.1 Bitstem endeavours to keep the Portal available but does not guarantee uninterrupted availability. Planned maintenance, updates, and unforeseen technical issues may cause temporary unavailability.
7.2 No service-level commitments are made under these Terms. Service levels relating to specific software products, where offered, are governed by separate agreements.
8. Changes to the Portal
8.1 Bitstem may modify, extend, or restrict features of the Portal at any time, in particular for technical, security, or legal reasons. Material adverse changes affecting paying Users will be communicated with reasonable notice where feasible.
9. Term and Termination of Access
9.1 The contractual relationship for use of the Portal runs for an indefinite term and may be terminated by either party at any time without cause, subject to subsisting obligations under separate license or sales agreements.
9.2 Bitstem may terminate or suspend a User's or organization's access to the Portal with immediate effect for good cause, including in particular material breach of these Terms, repeated breach after warning, suspected fraud, or insolvency proceedings concerning the organization.
9.3 Termination of Portal access does not, in itself, terminate licenses to Bitstem software already granted; the consequences of termination for such licenses are governed by the applicable EULA.
9.4 Upon termination, Bitstem may delete account data subject to the retention requirements set out in the Privacy Policy and applicable law.
10. Intellectual Property
10.1 The Portal, including its software, design, text, graphics, and trademarks, is the property of Bitstem or its licensors and is protected by copyright and other intellectual property law. Nothing in these Terms transfers any ownership rights to Users.
10.2 Use of the Portal does not grant any license to Bitstem software products beyond what is expressly granted under the applicable EULA.
11. Data Protection
11.1 The processing of personal data in connection with the Portal is described in the Privacy Policy at https://bitstem.eu/pages/privacy-policy, which forms an integral part of the information provided to Users but does not itself create contractual obligations beyond those required by applicable data protection law.
12. Liability
12.1 Bitstem is liable without limitation for damages caused by intent or gross negligence, for damages from injury to life, body, or health, and for liability under mandatory statutory provisions.
12.2 For damages caused by slight negligence, Bitstem is liable only for breach of a material contractual obligation (an obligation the fulfilment of which is essential to the proper performance of the contract and on whose observance the User may regularly rely), and such liability is limited to foreseeable damage typical for this type of agreement.
12.3 Liability for indirect damages, loss of profit, loss of data, or consequential damages caused by slight negligence is excluded to the extent permitted by law. The User is responsible for maintaining adequate backups of their own data.
12.4 The above limitations apply correspondingly to Bitstem's executive bodies, employees, and vicarious agents.
13. Changes to These Terms
13.1 Bitstem may amend these Terms with effect for the future. Users will be notified of material changes by email to the address registered with their account, or by prominent notice in the Portal, no less than 30 days before the changes take effect.
13.2 If a User does not object to the changes within the notice period, the changes are deemed accepted. Bitstem will draw attention to this consequence in the change notice. Users who object may terminate their account; Bitstem reserves the right to terminate the account of an objecting User as of the effective date of the changes.
14. Final Provisions
14.1 Governing law. These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2 Jurisdiction. For disputes with Users acting in a business capacity, the exclusive place of jurisdiction is the court competent for the registered seat of Bitstem GmbH. Bitstem may also bring claims at the User's general place of jurisdiction.
14.3 Severability. Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent of the invalid one.
14.4 Written form. Amendments and supplements to these Terms must be in text form (Section 13 reserved).
14.5 Language. These Terms are issued in English. Where a translation is provided for convenience, the English version prevails in case of discrepancy.