Terms and conditions

Alignment (the "Platform") helps leadership teams capture, over three months, how aligned they actually are on concrete decisions, and compare that alignment with how the team sees itself. By accessing the Platform you ("User" or "Organization") accept these Terms in full. They constitute a binding agreement under Austrian and EU law.

The Platform uses artificial intelligence to summarise patterns across rounds and suggest questions for the conversation. These outputs are decision support and do not constitute legal, HR, psychological or other professional advice. AI outputs may be unexpected or inaccurate. The Platform operates under human supervision and makes no autonomous decisions with legal or significant effects on individuals (EU AI Act, Art. 3).

The metrics describe how aligned a team was at a moment in time and how well it saw that itself. They are a prompt for conversation, not a performance measure.

The processing of personal data is described in the privacy notice, which forms an integral part of these Terms and covers controllership, legal basis, processors, third-country transfers, retention and your rights under Art. 15-21 GDPR.

There is no open sign-up and no self-service purchase on the Platform. Access is granted under a separate written agreement with the commissioning organisation; scope, term and fees are governed exclusively by that agreement. Where they conflict, the separate agreement prevails over these Terms. Invitations are personal and must not be shared.

Where a contract is exceptionally concluded with a consumer (an individual not acting in a trade or business capacity), consumer rights under the Austrian FAGG and KSchG apply, in particular the 14-day right of withdrawal under § 11 FAGG. Send declarations to office@bernhardkerres.com.

• The commissioning organisation designates facilitators and is responsible for the accuracy of the team roster.
• The organisation informs participants about the purpose and course of the exercise before data is captured.
• Facilitators invite only people who genuinely belong to the team, and remove people who leave it.
• Users keep their credentials to themselves and report misuse without delay.

The Platform, the underlying method, the metric definitions and all presentations remain the exclusive property of Bernhard Kerres & Friends GmbH. Users receive a non-exclusive, non-transferable right to use them internally for the exercise. Reverse-engineering, copying or redistributing Platform content is prohibited.

Decision text, ratings and the team figures computed from them remain the property of the commissioning organisation; we process them on its instructions. Users must ensure decision text does not infringe third parties' personality rights (§ 78 UrhG).

Users must not:

• (a) use the Platform for purposes other than bona fide team and leadership development;
• (b) circumvent or manipulate security measures, or scrape the Platform;
• (c) input special categories of personal data (health data, criminal records and other data under GDPR Art. 9);
• (d) use results as the sole basis for appraisal, pay, promotion or dismissal;
• (e) share credentials or invitation links;
• (f) input discriminatory, demeaning or unlawful content.

Where access is provided through a contractual partner (e.g. employer, consultancy or training provider), we reserve the right to inform that partner of violations of (f). Such notification is limited to the nature and category of the violation; content is disclosed only where legally required or with the User's consent.

As a host provider under Austrian e-commerce law we are not obliged to monitor user content but will remove illegal content upon obtaining actual knowledge. We apply notice-and-takedown procedures under the Digital Services Act. Report violations to office@bernhardkerres.com.

To the maximum extent permitted under Austrian law (§ 1298 ABGB): the Platform is provided "as is", without warranty of uninterrupted availability, specific outcomes or AI accuracy. We are liable for intent and gross negligence; liability for slight negligence is limited to EUR 100,000 per incident, excluding personal injury. We are not liable for indirect damages, lost profits or consequential losses. Critical limitation: results are snapshots of self- and peer perception; management decisions require independent professional judgement and legal review.

Both parties treat all non-public information as confidential for five years after termination. We implement technical and organisational measures under Art. 32 GDPR (encryption, row-level access control, separation of roles). Security incidents are reported under Art. 33 GDPR within 72 hours and, where applicable, under NIS2.

The term follows the separate agreement. We may terminate access immediately for breach of Clause 7. After termination Users have 90 days to export their results; thereafter data is deleted per the retention rules in the privacy notice. A facilitator can remove you from a team; rounds already completed stay unchanged. Clauses 6, 9 and 10 survive termination.

Austrian law applies, excluding the CISG. Jurisdiction is the Commercial Court of Vienna for B2B contracts; for consumers, Art. 18 Brussels Ia Regulation applies. For consumer disputes the EU Online Dispute Resolution platform (ec.europa.eu/consumers/odr) and the Internet Ombudsmann (internet-ombudsmann.at) are available. The German version prevails for Austrian users, the English version for international Users.

We may develop Platform features further as long as the agreed scope of service is preserved. Material changes to these Terms are announced 30 days in advance by email to the address on your account. The current version, with version number and date, is published on this page.

Bernhard Kerres & Friends GmbH, Hoher Markt 4/20, A-1010 Vienna, Austria · office@bernhardkerres.com · +43 1 225 635 580 · Imprint