These Terms of Service (“Terms”) constitute a legally binding contract between DID Daten-Intermediär-Dienste FlexCo, FN 637970t, Treustraße 52 1200 Wien, a company duly incorporated under the laws of Austria (“DID,” “we,” “us” or “our”) and the individual or legal entity (“you” or “your”) that accesses or uses our services.
These Terms govern your access to and use of our Services. By accessing or using the Services, you agree to be bound by these Terms. These Terms do not govern the content or lawfulness of any data exchange between users. If you do not agree to these Terms, you may not access or use the Services.
The Services are provided as data intermediation services within the meaning of Article 10 (a) of Regulation (EU) 2022/868 (Data Governance Act – "DGA").
These Terms apply exclusively to entrepreneurs within the meaning of § 1 UGB. Nothing in this section shall apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
For the purposes of these Terms
Headings are for convenience only and shall not affect interpretation of these Terms.
We provide Services in accordance with Article 10 (a) DGA, acting as a neutral facilitator between Data Holders and Data Users. We declare that we are registered as a data intermediation service provider in accordance with Articles 11 and 12 DGA and comply with all applicable requirements of the DGA. Where personal data is processed, we comply with Regulation (EU) 2016/679 (GDPR) and applicable Austrian data protection law.
Our services enable
We do not determine the purposes or means of data use by Data Users and we do not exploit data exchanged through the Services.
To use our Services, you must register via ID Austria to verify your identity and your role as Data Holder or Data User. Upon successful initial registration, your verified identity attributes may be provisioned into an EU Digital Identity Wallet, which you may subsequently use for authentication and access to the Services.
Only data necessary for authentication (e.g., unique user ID, company registry number, Wallet ID) are processed. Data is used solely to provide the Services, link to Data Sharing, Data Disclosure Agreements and Data Exchange Agreements and record Consent and Audit Logs. Authentication data will not be used for marketing, profiling, or analysis. By registering, you acknowledge and accept the processing of authentication data as necessary for the provision of the Services. All authentications and data transactions are logged for audit and compliance with relevant regulations, such as GDPR and DGA. Further information on data protection can be found in our data protection information (https://intermediary.at/privacy).
After registering to our Service, you need to complete a Self-Declaration form including information on
You are required to keep your information up to date and report any relevant changes immediately to ensure ongoing compliance with legal and organizational requirements.
You warrant and agree that
You may use the Services solely for lawful data sharing purposes in compliance with applicable law. You shall not
We act solely as a neutral data intermediary and facilitator of data sharing and disclosure. In accordance with Article 12 DGA, we
If you are acting as a Data Holder, you
If you are acting as a Data User, you
Any access to, sharing, or disclosure of data through the Service shall occur on the basis of a Data Exchange Agreement prior to the relevant transaction, based on a corresponding Data Sharing Agreement and a Data Disclosure Agreement.
Where a Data Disclosure Agreement and a Data Sharing Agreement are present, the Services apply automated matching and reasoning mechanisms to assess their compatibility. Upon a successful match, the Data Disclosure Agreement and the corresponding Data Sharing Agreement together form the basis for the creation of a legally binding Data Exchange Agreement that must be accepted by the Data Holder and the Data User.
We act as a neutral facilitator and do not acquire any rights or obligations a Data Exchange Agreement unless expressly stated.
We process personal data only to the extent necessary to provide the Services. Depending on the context, we act as a processor or independent controller under GDPR. In particular, we act as:
Where we act as a processor, the provision of the Services is subject to a Data Processing Agreement pursuant to Article 28 GDPR.
Data subjects may exercise their rights under GDPR, including the right to withdraw consent at any time. Further details are set out in the Privacy Policy (https://intermediary.at/privacy), which is provided for informational purposes.
We implement appropriate technical and organizational measures to ensure data security. All data accessed in the context of the Services is treated as confidential, unless lawfully disclosed. DID implements backup and recovery procedures but is not liable for downtime or data loss beyond what is reasonably preventable.
We may engage subcontractors or technical service providers to support the provision of the Services. We ensure that all subcontractors are bound by equivalent contractual obligations and technical/organizational measures, and remains fully responsible for their compliance.
We may charge transparent, non-discriminatory fees solely for the provision, operation, and maintenance of the data intermediation services. Such fees are limited to cost-based or reasonable service charges and shall not be linked to the economic value, content, or subsequent use of the data exchanged through the service. We have the right to increase our fees annually to reflect inflation. Current fees are published on the Platform or provided prior to contract conclusion.
We reserve the right to suspend the Services in the event of non-payment.
All intellectual property rights in the Services remain with us or our licensors.
You retain ownership of all data and content you provide or make available through the Services. You grant DID a limited, non-exclusive right to process such data solely for the purpose of providing the Services. No further rights are granted except as expressly set out in these Terms.
This Agreement is effective upon the date you first access the Services and continues until terminated by you or us. You may terminate this Agreement at any time by providing notice of termination through the Services or in writing.
We may suspend or terminate your access to the Services with immediate effect if:
Upon termination, your access to the Services shall cease. Confidentiality, liability, and indemnification obligations shall survive termination, subject to statutory retention requirements.
We provide the Services and any intellectual property, content, data, documentation, or other materials provided by us “as is” and “as available”, without any express, implied, or statutory warranties of any kind, including but not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee. No data, documentation, or other information we provide, or that you obtain from or through the Services, creates or implies any warranty from us to you.
We expressly disclaim any knowledge of, and do not guarantee:
Your use of, access to, or download of any data or information through the Services is at your sole risk. You are solely responsible for any damage to your property, loss of data, or any other loss that may result from such access, use, or download.
Nothing in this Agreement operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under applicable law where to do so would contravene that law or cause any term of this Agreement to be void.
The Platform is not liable for the content, accuracy, or lawfulness of the shared data. We are not liable for indirect or consequential damages except where caused by intentional or grossly negligent conduct. Liability for light negligence is limited to the fees paid in the preceding twelve months.
Nothing in these Terms limits liability where such limitation is prohibited by mandatory law.
You agree to indemnify and hold us harmless from and against all claims, damages, liabilities, fines, and expenses arising out of
We shall not be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, acts of government, network failures, or changes in law.
We may amend these Terms where required by law, regulatory guidance, or operational necessity. Updated Terms will be made available through the Services. Continued use of the Services after the effective date constitutes acceptance of the amended Terms. Material changes will be communicated at least 30 days in advance. If you do not agree, you may terminate the Agreement without penalty before the changes take effect.
These Terms are governed by the laws of Austria, excluding conflict-of-law rules.
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria, unless mandatory law provides otherwise.
If any provision is held invalid, the remaining provisions remain in effect.
The use of our Services is governed by a set of contractual documents which apply in the following order of precedence (highest priority first):
In the event of any conflict or inconsistency between the documents listed above, the document higher in the order of precedence shall prevail.
The user's general terms and conditions shall not apply, even if their inclusion has not been expressly rejected.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, restructuring, or sale of assets.
These Terms are drafted in English and German; in case of conflict between translations, the English version prevails.
All legal notices and communications shall be sent via email, platform message, or registered mail to the contact details provided. Notices are effective on the date received or, if sent electronically, on the date of sending unless otherwise specified.
Last updated: 20 January 2026