Terms of Service
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 GmbHAdelheid-Popp-Gasse 8/2/57
1220 Wien
Austria
hallo@unfallbericht.at
These Terms of Service become part of the contract when you complete sign-in or registration. Before you sign in, we expressly refer you to them and make them available for viewing, saving and printing. Deviating terms of users apply only if we have expressly agreed to them in writing.
2. Description of Services
unfallbericht.at enables, in particular:
- the digital recording of accident data, vehicle data, information on involved parties, insurance data, photos, sketches, damage descriptions, comments and signatures;
- collaborative editing of an accident report by multiple parties involved in an accident;
- the creation, storage and provision of a digital accident report, in particular as a PDF;
- 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;
- additional functions for companies, fleets, organizations, locations, members, vehicles, insurance data, access rights and billing;
- 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:
- information about the accident location, accident time and accident circumstances;
- information about involved persons, vehicle owners, drivers, insurance companies and witnesses;
- license plates, vehicle data, policy numbers, Green Card data, contact data and organizational data;
- photos, sketches, damage descriptions, comments and signatures;
- 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 the service, you grant us a non-exclusive, royalty-free right, for the duration of their storage on the platform and solely for the purpose of providing the service, to store, reproduce, technically process, convert, display and transmit the data and content entered, uploaded or generated by you, and to make them available to recipients designated by you or required for the performance of the user agreement.
This right of use includes, in particular:
- the creation, storage and provision of the accident report;
- joint editing with other parties involved in the accident;
- the technical processing of photos, sketches, signatures, PDFs and other files;
- the transmission or provision to recipients selected by you or other involved parties or required in the context of claims handling;
- the provision to companies, organizations or fleet operators to which a report, vehicle, member or user account is assigned;
- 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;
- use for error analysis, ensuring the security of the platform and misuse prevention;
- the creation of statistical, aggregated or anonymized analyses without any personal reference and without any possibility of tracing them back to individual persons;
- the forwarding to partner companies, service providers or other authorized recipients for accident, repair, claims, roadside assistance, mobility, insurance or fleet services, to the extent this takes place at your request in the individual case or is necessary for the performance of the user agreement.
The processing of personal data is governed by our Privacy Policy.
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 takes place at your request in the individual case or is necessary for the performance of the user agreement, namely for:
- support with claims handling;
- the brokerage, preparation or performance of repair, assessment, towing, replacement mobility, roadside assistance or other accident-related services;
- the creation or transmission of offers;
- the processing of requests from the user, a party involved in an accident, an organization, a fleet operator or another authorized recipient;
- the documentation and traceability of claims handling;
- the settlement of commissions or fees in connection with partner services, whereby the respective partner is informed only whether a referral took place, without transmission of any further personal data.
Only the data required for the specific purpose is disclosed in each case. Depending on the individual case, this may include, in particular:
- name, email address, telephone number and other contact details;
- accident location, accident time, accident type and information about the accident circumstances;
- vehicle data such as license plate, make/model, vehicle identification number, vehicle owner and fleet assignment;
- insurance data, policy numbers, Green Card data and broker data, where necessary for claims handling;
- photos, sketches, damage descriptions, comments and signatures;
- PDF accident reports or links to accident reports;
- organization, location and fleet data;
- technical metadata relating to use of the platform, to the extent necessary for the specific purpose;
- the information whether a referral to the respective partner took place.
We create statistical analyses of services brokered, requested or processed exclusively in anonymized form, without any personal reference and without any possibility of tracing them back to individual persons.
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:
- technical or organizational notices;
- queries regarding an accident report;
- support, troubleshooting and security information;
- information about material changes to the platform;
- notices about functionally related services or new functions;
- 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.
If you created an accident report or joined it with your own access, your name and email address may be transmitted to our review partner Trustpilot after the report is completed, which sends you a one-time invitation to review our service. You can object to this at any time free of charge, for example via the unsubscribe link in the invitation or by email to hallo@unfallbericht.at. Details are set out in the Privacy Policy.
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:
- not to misuse the service;
- not to enter false, misleading or unlawful data;
- not to introduce malware, automated attacks or overload attempts;
- not to attempt unauthorized access to data of other users;
- to keep access credentials secret;
- to respect third-party rights;
- 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:
- the accuracy, completeness or lawfulness of data entered by users;
- the legal or insurance-related assessment of an accident report;
- decisions by authorities, insurance companies, courts, experts or partner companies;
- services, prices, availability or quality of third-party or partner companies;
- damage caused by incorrect user information;
- data loss to the extent it could have been avoided by reasonable backup measures by the user;
- 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 notify you of changes by email at least two months before they are scheduled to take effect. If you do not object before they take effect, the changes are deemed accepted. In the notification we will specifically point out this consequence, your right to object and the deadline. Changes to the essential services of unfallbericht.at are excluded from this; they only take effect with your express consent.
If you object, the previous terms continue to apply to you. In that case we may terminate the user agreement with one month's notice. You may delete your user account at any time free of charge.
Purely editorial changes and changes that are exclusively to your benefit will merely be communicated to you.
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: October 2026