Terms of Service

§ 1 Scope

(1) These terms apply to all agreements between YOWO7 e.U. ("Provider") and the customer regarding use of the YOWO7 software-as-a-service platform.

(2) They cover in particular the web app (app.yowo7.com and workspace subdomains), the mobile apps (iOS and Android), public forms, the support widget, the help center, and the AI connection and API interfaces where used by the customer.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if the Provider does not expressly object to them, unless the Provider expressly agrees to their application in text form.

(4) The platform is intended exclusively for businesses. The Provider does not enter into contracts with consumers within the meaning of § 1 KSchG. The customer represents that it uses YOWO7 in the course of its commercial or independent professional activity. The Provider may request suitable evidence of business status (e.g. VAT ID, extract from the commercial or trade register) and may reject registrations for which such evidence is not provided or terminate the contract for cause.

§ 2 Provider

The Provider is YOWO7 e.U., Kinderheimgasse 76, 2732 Willendorf, Austria, registered seat Willendorf, commercial register court Regional Court Wiener Neustadt (Landesgericht Wiener Neustadt), FN 689952k, DUNS 30-326-6010, email: hello@yowo7.com, website: https://www.yowo7.com, VAT ID: ATU74374036.

§ 3 Subject matter

(1) The Provider makes a cloud-based business platform available (SaaS). Features depend on the booked plan and the description on the website (including CRM, Inbox, Forms, Support, Chat, Projects, Files, Knowledge Base, Email Marketing, Calendar, Sales, Automation, AI connection, API).

(2) No ownership of the software is transferred. The customer obtains a right to use under these terms and the selected plan. The Provider may develop, replace, or discontinue features provided the core contractual benefit is not unreasonably impaired. § 16(5) applies to the removal of essential features.

§ 4 Registration, workspace and users

(1) Registration requires accurate and complete information.

(2) Credentials must be kept confidential; the customer is responsible for all activity under its account and workspace access.

(3) Workspace owners and administrators manage invitations, roles and access. The customer ensures only authorised persons obtain access.

(4) The Provider may temporarily suspend or restrict accounts, workspaces or individual content and features in case of breaches of these terms, unlawful content, abuse (in particular phishing, malware or spam) or payment default (§ 8(5)). The measure must be proportionate and, where possible, is limited to the affected content or feature. The Provider informs the workspace owner in text form of the measure, the reasons for it and the opportunity to respond, in advance or, where there is imminent danger, without undue delay afterwards. The customer's data is retained during a suspension.

(5) The Provider accepts notices of unlawful content or abuse at abuse@yowo7.com. A notice should include the exact location (e.g. URL), an explanation, and the name and email address of the person submitting it. The Provider confirms receipt, reviews the notice through its staff and informs the submitting person of its decision. Only technical protective measures such as malware scanning on uploads, captcha checks on forms and rate limits are automated. abuse@yowo7.com is also the single point of contact for authorities and users under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act); communication is possible in German and English.

§ 5 Right of use

(1) The Provider grants a non-exclusive, non-transferable right, limited in time to the contract term and in scope to the booked plan, to use the platform — including the web app and mobile apps — as intended.

(2) Sublicensing, rental, or sharing access with third parties outside the customer’s organisation or authorised workspace users requires the Provider’s consent.

(3) Reverse engineering, circumvention of security mechanisms, and automated scraping are prohibited except via documented APIs within the plan and applicable fair-use/rate limits.

§ 6 Customer content and intellectual property

(1) The customer retains all rights in content and data submitted to the workspace by it or its users ("Customer Content").

(2) The customer grants the Provider a non-exclusive right as needed to operate the platform: to host, store, transmit and process Customer Content on the customer’s behalf (including backups and support).

(3) All rights in the platform, trademarks, designs, documentation and other Provider materials remain with the Provider. The customer obtains no rights therein except the right of use under § 5.

§ 7 Customer obligations and acceptable use

(1) When using the platform, the customer shall in particular observe the following:

• Compliance with applicable law, including data protection and unfair competition rules (including the GDPR)
• No storage or distribution of unlawful, harassing or harmful content
• No disruption of the platform, no overload, and no circumvention of security or access controls
• For email marketing and similar sending: lawful opt-ins only, no spam or unsolicited bulk mail; compliance with applicable provider and legal requirements
• Special categories of personal data (Art. 9 GDPR) only where the customer has a suitable legal basis and lawfully controls the processing
• Regular backup of business-critical data where needed outside the platform; export features are available during the contract term and within the export period under § 9(4)

(2) Fair use. Even in plans with unlimited contacts or without an explicit cap, use is designed for the scope customary in the business operations of a company. In particular, it is not permitted to use the platform as general file, media or backup storage or to deliver content to third parties, to share access between several companies, to overload the platform through automated mass requests, or to use trial periods repeatedly via new accounts. If use significantly exceeds this scope, the Provider informs the customer in text form and gives it the opportunity to adjust its use within a reasonable period or to switch to a suitable plan; thereafter, the Provider may throttle the affected feature or restrict it under § 4(4).

(3) Email sending. The Provider may immediately pause the customer's sending if bounce or complaint rates significantly exceed customary industry thresholds or if mailbox or sending providers report complaints. The Provider informs the customer without undue delay in text form; § 4(4) applies accordingly.

(4) Indemnification. The customer indemnifies the Provider against third-party claims based on unlawful use of the platform by the customer or its users for which the customer is responsible, in particular unlawful content or impermissible advertising messages, including reasonable costs of legal defence. The Provider informs the customer without undue delay of any claims asserted and gives it the opportunity to comment.

§ 8 Pricing and payment

(1) Prices shown on the website at the time of order apply. All prices exclude applicable VAT unless stated otherwise. Price changes for existing subscriptions are governed by § 16(4).

(2) Billing is handled via Stripe. The customer must keep valid payment methods and billing details up to date.

(3) Plans may be billed monthly or yearly. Extra users and any add-on quotas are charged according to the price list in effect at booking.

(4) Paid subscriptions run for the selected contract period of one month or one year and renew automatically for the same period unless cancelled under § 9(2) before the end of the current contract period. Fees are payable in advance at the start of each contract period.

(5) In case of payment default, the Provider may suspend access after reasonable notice and terminate for cause. Amounts already due remain payable.

(6) Refunds. Fees already paid are not refunded, either in full or pro rata, in particular in the case of ordinary cancellation before the end of a contract period, a downgrade to a smaller plan, or non-use. Exceptions are cases in which the contract ends before the end of a paid contract period (a) by termination under § 16 or following an objection to a subprocessor (§ 7 DPA), (b) by ordinary termination by the Provider, (c) by termination for cause by the customer for a reason attributable to the Provider, or (d) by discontinuation of the service. In these cases the Provider refunds the fees paid in advance pro rata for the period after the end of the contract. Any further refunds, credits or extensions granted by the Provider are voluntary, case by case, and without acknowledgement of any legal obligation; they create no entitlement for future cases. Refunds are made to the payment method originally used.

(7) The customer raises objections to invoices within 60 days of receipt of the invoice in text form to hello@yowo7.com. The customer's statutory rights remain unaffected. The Provider corrects incorrect invoices by issuing a cancellation invoice and a new invoice.

§ 9 Term and termination

(1) Trial. New customers may try YOWO7 free of charge once for 14 days. To start the trial, the customer adds a valid payment method; nothing is charged during the trial. When the trial starts, a contract is concluded for the plan and billing interval selected at registration or shown in the workspace billing settings, with the first paid contract period beginning when the trial ends; the customer may change the plan and billing interval before the trial ends. If the customer does not cancel before the trial ends, the trial automatically converts into the paid subscription; the fee for the first contract period then becomes due and is charged to the stored payment method. If the customer cancels before the trial ends in accordance with paragraph 2, the contract ends when the trial ends, at no cost. The end of the trial is shown in the customer account. The Provider may limit trial access in scope.

(2) Ordinary termination. The customer may cancel any subscription at any time effective at the end of the current contract period; there is no notice period. The cancellation must reach the Provider before the renewal time shown in the customer account (time zone Europe/Vienna). It is made (a) via the cancellation function in the workspace billing settings or (b) in text form by email to hello@yowo7.com from the workspace owner's email address on file with the Provider. The Provider confirms cancellations by email in text form; for cancellations via the cancellation function, the end of the contract is shown in the billing settings. The workspace remains usable within the booked scope until the end of the contract. The Provider may terminate the contract by ordinary termination in text form with three months' notice effective at the end of a contract period.

(3) The right to terminate for cause remains unaffected. Cause includes material breach, abuse, or persistent payment default.

(4) The customer should export needed data before the contract ends. After the contract ends, the customer may still export its data for 30 days (export period). Thereafter, deletion or return of processed data follows § 11 of the Data Processing Agreement (https://www.yowo7.com/en/dpa).

§ 10 Availability, maintenance and support

(1) The Provider aims for high availability. Planned maintenance will be announced in advance where reasonably possible.

(2) There is no entitlement to uninterrupted availability or a specific SLA unless agreed separately in text form (§ 17(3)).

(3) The Provider is not liable for outages outside its reasonable control (e.g. ISP failures, force majeure, or failures of auxiliary services except to the extent caused by the Provider).

(4) Support. The Provider provides support by email to hello@yowo7.com and via the support chat on the website. The target time for the first response is one working day for Premium Support (Business and Enterprise plans) and two working days for all other plans. Working days are Monday to Friday, 9 am to 5 pm (Europe/Vienna), excluding statutory public holidays in Austria. The target times are not warranted characteristics or service levels; any entitlement to specific response, handling or resolution times exists only if separately agreed under § 17(3).

§ 11 Artificial intelligence and beta features

(1) YOWO7 may provide optional AI and beta features. AI output may be incomplete or incorrect. The customer must review results before business use.

(2) Beta features may be changed, limited or discontinued. Unless expressly agreed otherwise, no warranties are given as to availability, accuracy or fitness for a particular purpose.

§ 12 AI connection and API

(1) The AI connection (for example ChatGPT or Claude) is included in every plan. The customer logs in, approves access and decides whether it may only read or also make changes.

(2) The customer may use the AI connection and, where included in the plan, integrations with other tools (API) only with valid credentials or granted approval, within the documented permissions and subject to rate limits and fair use.

(3) The provider may restrict or suspend access to the AI connection and the API in case of misuse, security risks or exceeding the limits.

§ 13 Data protection

Processing of personal data is governed by our Privacy Policy (https://www.yowo7.com/en/privacy). Where YOWO7 processes personal data on behalf of the customer, the Data Processing Agreement at https://www.yowo7.com/en/dpa under Art. 28 GDPR forms part of the contract. Current subprocessors are published at https://www.yowo7.com/en/subprocessors.

§ 14 Confidentiality

(1) Each party keeps the other party’s confidential information confidential and uses it only to perform the contract. This does not apply to information that is public, independently developed, or lawfully received from third parties without a duty of confidence, or to legal disclosure duties.

(2) Customer Content is confidential vis-à-vis the Provider, without prejudice to instructed processing under the DPA and processing required to operate the service.

§ 15 Liability

(1) The Provider is fully liable for intent and gross negligence and for injury to life, body or health.

(2) For slight negligence, the Provider is liable only for breach of material contractual duties (cardinal duties) and limited to the foreseeable, typical damage.

(3) Liability for data loss is limited to the typical recovery effort that would have arisen with proper customer backups.

(4) To the extent permitted by law, liability for indirect damages, lost profits and pure economic loss is excluded unless caused by intent or gross negligence.

§ 16 Changes to these terms and to prices

(1) The Provider may amend these terms with effect for the future where this is necessary due to changes in legislation or case law, regulatory requirements, technical developments, new features, or changes to third-party services required for operation, and the change is reasonable for the customer. This does not cover changes to the main contractual obligations to the customer's detriment; paragraph 4 applies to prices and paragraph 5 to the removal of essential features. The current version is published at https://www.yowo7.com/en/terms.

(2) The Provider notifies the customer of changes under paragraph 1 in text form at least 30 days before they take effect (typically by email to the workspace owner) and presents the changes clearly. In the notice, the Provider expressly points out that the changes are deemed accepted unless the customer objects in text form before the effective date, and that the customer may terminate the contract in that case.

(3) If the customer does not object before the effective date, the changes are deemed accepted. If the customer objects in time, either party may terminate the contract effective as of the date the change takes effect; if neither party terminates, the previous terms continue to apply. The Provider refunds fees paid in advance for the period after the end of the contract pro rata.

(4) Price changes. The Provider may reasonably increase the fees for existing subscriptions if the costs relevant to providing the service increase, in particular for hosting and infrastructure, third-party services and licences, payment processing, personnel, and taxes and levies. The increase must not exceed the cost increase. It gives notice of this in text form at least 60 days before the change takes effect; the change takes effect no earlier than the start of the first contract period beginning after that notice period. The customer may cancel the subscription effective as of the date the change takes effect, up to that date; the notice expressly points this out. If the customer does not cancel, the changed fees are deemed agreed from the effective date.

(5) Removal of essential features. The Provider announces the removal of essential features (§ 3(2)) in text form at least 90 days in advance. The customer may terminate the contract effective as of the date of removal; the Provider refunds fees paid in advance pro rata. Where earlier removal is required for compelling security reasons, legal requirements or the discontinuation of a third-party service, the Provider gives notice as early as possible; the termination and refund right remains. § 11(2) remains unaffected.

§ 17 Final provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Venue for all disputes arising from this contract is Wiener Neustadt, Austria, if the customer is a business (Unternehmer).

(3) Amendments and supplements to the contract and side agreements require text form; this also applies to any waiver of this form requirement. Text form within the meaning of these terms means a legible declaration that can be permanently stored and identifies the person making it, in particular email or PDF; a handwritten signature is not required. On the Provider's side, deviations from these terms, discounts, special conditions, service levels and any other commitments beyond the booked plan are effective only if made by the Provider's owner or by a person expressly authorised by the owner in text form; support staff are not authorised to do so. There are no oral side agreements.

(4) If any provision is invalid, the remaining provisions remain in effect.

(5) In case of conflict between these terms and the Data Processing Agreement, the data-protection provisions of the DPA prevail.

(6) These terms are available in German and English. In case of discrepancies between the versions, the German version prevails.