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Terms of Service

Last updated: May 2026

1. Scope

These Terms of Service govern the use of the unfallbericht.at platform for the digital creation, editing, storage, transmission and analysis of accident reports and related services.

The operator of the platform is:

FDM Software GmbH
Adelheid-Popp-Gasse 8/2/57
1220 Wien
Austria
hallo@unfallbericht.at

By registering, accessing the platform or using individual functions, you accept these Terms of Service. Deviating terms of users apply only if we have expressly agreed to them in writing.

2. Description of Services

unfallbericht.at enables, in particular:

  1. the digital recording of accident data, vehicle data, information on involved parties, insurance data, photos, sketches, damage descriptions, comments and signatures;
  2. collaborative editing of an accident report by multiple parties involved in an accident;
  3. the creation, storage and provision of a digital accident report, in particular as a PDF;
  4. the transmission or provision of the accident report to involved persons, companies, insurance companies, fleet managers, service providers, repair partners or other recipients integrated into the service;
  5. additional functions for companies, fleets, organizations, locations, members, vehicles, insurance data, access rights and billing;
  6. the display or integration of suitable partner offers, in particular in connection with repair, claims handling, mobility, insurance, roadside assistance, fleet management or other accident-related services.

We do not provide a legal assessment of the accident circumstances, an insurance coverage assessment or a binding damage valuation.

3. User Account and Access

Certain functions may require a user account. You are obliged to keep the data provided during registration or use accurate, complete and up to date.

Access credentials must be kept confidential. Actions carried out through your user account are deemed to have been initiated by you to the extent that you are responsible for the misuse.

We are entitled to temporarily or permanently suspend accounts, reports or access if there is a suspicion that these Terms of Service, legal provisions or third-party rights have been violated.

4. Responsibility for Content and Entries

You are solely responsible for the content you enter, upload, select or confirm. This includes, in particular:

  1. information about the accident location, accident time and accident circumstances;
  2. information about involved persons, vehicle owners, drivers, insurance companies and witnesses;
  3. license plates, vehicle data, policy numbers, Green Card data, contact data and organizational data;
  4. photos, sketches, damage descriptions, comments and signatures;
  5. information that you enter about other parties involved in an accident or third parties.

You undertake to provide only accurate, complete and lawful information and not to upload or transmit any content that is unlawful, misleading, offensive, discriminatory, infringes copyright or is otherwise impermissible.

If you enter personal data of other persons, you confirm that you are entitled to do so or that the entry is necessary for the creation, editing, processing or forwarding of the accident report.

5. No Admission of Fault

The creation, editing, signing or transmission of an accident report via unfallbericht.at does not in itself constitute an admission of fault, liability or an obligation to pay.

The legal, insurance-related or official assessment of an accident is the exclusive responsibility of the competent authorities, courts, insurance companies, legal representatives or other competent bodies.

6. Rights of Use in Entered Data and Content

In order for us to provide, improve, secure, further develop and commercially operate the service, you grant us a non-exclusive right, unrestricted in territory and time to the extent permitted by law, to use, store, reproduce, technically process, convert, structure, analyze, transmit, make available and disclose to authorized recipients the data and content entered, uploaded or generated by you.

This right of use includes, in particular:

  1. the creation, storage and provision of the accident report;
  2. joint editing with other parties involved in the accident;
  3. the technical processing of photos, sketches, signatures, PDFs and other files;
  4. the transmission or provision to recipients selected by you or other involved parties or required in the context of claims handling;
  5. the provision to companies, organizations or fleet operators to which a report, vehicle, member or user account is assigned;
  6. the disclosure to service providers, technical providers and processors to the extent necessary for operation, maintenance, hosting, support, security, analytics, document creation, communication or billing;
  7. use for error analysis, misuse prevention, quality assurance, product improvement and further development of the platform;
  8. the creation of statistical, aggregated or anonymized analyses;
  9. the use of anonymized or aggregated data for market analyses, product development, partner reports, industry statistics and commercial purposes;
  10. the forwarding to partner companies, service providers or other authorized recipients to the extent necessary, appropriate or covered by the respective use process for accident, repair, claims, roadside assistance, mobility, insurance or fleet services.

Where the data is personal data, it will be used only in accordance with the Privacy Policy and on the basis of an applicable legal basis, in particular performance of a contract, legitimate interests, legal obligation or consent.

7. Disclosure to Partner Companies and Other Authorized Recipients

You acknowledge that we may cooperate with partner companies, service providers and other authorized recipients within the platform.

We are entitled to disclose accident, vehicle, contact, location, damage, insurance and report data to suitable partner companies, service providers or other authorized recipients to the extent this is necessary or appropriate for:

  1. support with claims handling;
  2. the brokerage, preparation or performance of repair, assessment, towing, replacement mobility, roadside assistance or other accident-related services;
  3. the creation or transmission of offers;
  4. the processing of requests from the user, a party involved in an accident, an organization, a fleet operator or another authorized recipient;
  5. the documentation and traceability of claims handling;
  6. quality assurance, billing, commission settlement or success measurement in connection with partner services;
  7. the display or recommendation of partner offers that are regionally or contextually suitable;
  8. statistical and aggregated analyses of services brokered, requested or processed;
  9. the commercial analysis and further development of the business model of unfallbericht.at.

The disclosed data may include, in particular:

  1. name, email address, telephone number and other contact details;
  2. accident location, accident time, accident type and information about the accident circumstances;
  3. vehicle data such as license plate, make/model, vehicle identification number, vehicle owner and fleet assignment;
  4. insurance data, policy numbers, Green Card data and broker data, where necessary or appropriate for claims handling;
  5. photos, sketches, damage descriptions, comments and signatures;
  6. PDF accident reports or links to accident reports;
  7. organization, location and fleet data;
  8. technical metadata relating to use of the platform, to the extent necessary or permitted;
  9. information on whether and to what extent partner offers were displayed, requested, brokered or used.

Marketing contact by partner companies will take place only where there is a legal basis for it or where you have given separate consent. You may object to processing based on legitimate interests in accordance with the Privacy Policy.

8. Partner Offers, Sponsoring and Recommendations

The platform may display notices, recommendations, logos, contact details, links or offers from partner companies. Such partners may in particular come from the areas of repair, bodywork, painting, towing services, roadside assistance, experts, insurance, replacement mobility, fleet management or mobility services.

The display of a partner does not constitute a guarantee of that partner's performance, availability, price, quality or legal suitability. Contracts with partner companies are concluded exclusively between you and the respective partner, unless expressly agreed otherwise.

We may receive remuneration, commissions or other economic benefits for the display, brokerage, forwarding, initiation of contact or successful commissioning of partner services.

9. Company, Fleet and Organization Functions

If you use unfallbericht.at on behalf of a company, organization or fleet operator, you confirm that you are authorized to do so.

Company or organization administrators may, depending on the functional scope, receive access to reports, vehicles, members, locations, insurance data, driver profiles, damage data and other data associated with the organization.

Users assigned to an organization acknowledge that their reports and entered data created in connection with that organization may be accessible to the respective company or authorized organization administrators.

10. Data Protection

The protection of personal data is important to us. Information on the type, scope, purposes, legal bases, recipients, storage duration and data subject rights can be found in our Privacy Policy.

The Terms of Service govern the contractual use of the platform. Data protection information is provided additionally in the Privacy Policy. In the event of conflicts, mandatory data protection provisions prevail.

Where we process personal data on behalf of a company, a separate data processing agreement may be required.

11. Contact, Claims Management, Feedback and Quality Improvement

We may contact you in connection with your use of the platform, in particular for:

  1. technical or organizational notices;
  2. queries regarding an accident report;
  3. support, troubleshooting and security information;
  4. information about material changes to the platform;
  5. notices about functionally related services or new functions;
  6. feedback requests and user surveys.

To support claims handling, we may transmit your contact, vehicle, accident, damage, insurance and report data to suitable partner companies, service providers or other authorized recipients. These recipients may contact you in connection with the specific accident event, in particular to support you with damage recording, repair processing, assessment, replacement mobility, roadside assistance, insurance processing or other accident-related services.

Contact by such partners takes place only in factual connection with the respective accident report or related claims handling. Any marketing contact beyond this will take place only where there is a legal basis for it or where you have given separate consent.

After an accident report has been completed, your name and email address may be transmitted to a review partner, in particular Trustpilot, so that an invitation to review our service can be sent to you, provided this is legally permissible or you have consented.

You may object to contact for feedback, review or marketing purposes at any time or withdraw any consent you have given. Statutory rights, in particular data protection rights of data subjects, remain unaffected.

12. Availability and Changes to the Service

We strive to ensure high availability of the platform, but we do not owe uninterrupted availability.

We may change, expand, restrict or discontinue functions to the extent this is necessary or appropriate for technical, commercial, legal or security-related reasons.

Maintenance work, security updates, disruptions, failures of third-party providers or force majeure may lead to temporary restrictions.

13. User Obligations

You undertake:

  1. not to misuse the service;
  2. not to enter false, misleading or unlawful data;
  3. not to introduce malware, automated attacks or overload attempts;
  4. not to attempt unauthorized access to data of other users;
  5. to keep access credentials secret;
  6. to respect third-party rights;
  7. to comply with the legal requirements when entering data of other persons.

14. Rights in the Platform

All rights in the platform, the software, the design, the database structures, trademarks, logos, texts, templates, PDF layouts and other components remain with us or our licensors.

You receive only a simple, revocable, non-transferable right to use the platform within the scope of these Terms of Service.

Reproduction, editing, decompilation, commercial exploitation, automated extraction or replication of the platform is prohibited without our express consent.

15. Liability

We are liable without limitation in cases of intent, gross negligence and injury to life, body or health.

In cases of slight negligence, we are liable only for the breach of material contractual obligations and only for foreseeable damage that typically occurs.

We assume no liability for:

  1. the accuracy, completeness or lawfulness of data entered by users;
  2. the legal or insurance-related assessment of an accident report;
  3. decisions by authorities, insurance companies, courts, experts or partner companies;
  4. services, prices, availability or quality of third-party or partner companies;
  5. damage caused by incorrect user information;
  6. data loss to the extent it could have been avoided by reasonable backup measures by the user;
  7. temporary unavailability of the platform.

Mandatory statutory liability provisions remain unaffected.

16. Term and Termination

You may stop using the platform at any time, provided there are no ongoing contracts, statutory retention obligations or legitimate interests in further storage.

We may terminate, suspend or delete user accounts or access if these Terms of Service are violated or if further provision is unreasonable.

Accident reports that have already been created may continue to be stored to the extent necessary for performance of the contract, documentation, legal defense, compliance with statutory obligations or on the basis of legitimate interests.

17. Changes to the Terms of Service

We reserve the right to amend these Terms of Service if this is necessary for legal, technical, commercial or organizational reasons.

We will inform you of material changes in an appropriate manner. If you continue to use the platform after the changes take effect, the amended terms are deemed accepted, provided this is legally permissible and you have been informed of this.

18. Applicable Law and Jurisdiction

Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

For entrepreneurs, the exclusive place of jurisdiction is Vienna.

For consumers, the statutory places of jurisdiction apply.

19. Severability

Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected.

In place of the invalid provision, a valid provision shall be deemed agreed that comes as close as possible to the economic purpose of the invalid provision, to the extent legally permissible.

20. Version

Last updated: May 2026

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hallo@unfallbericht.at

Vienna, Austria

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