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Terms & conditions

 

Scope of Application

chatlyn GmbH, Hörnesgasse 5/10, 1030 Vienna (hereinafter "chatlyn") is the provider of a service platform for centralizing and automating communication between companies as providers of various products and services (hereinafter "Users") and private individuals as requesters of these products or services (hereinafter "Customers"), as well as for enhancing the marketing activities of the Users.

These General Terms and Conditions (hereinafter "GTC") govern the use of the platform software (hereinafter "Software" or "Platform") and the related services provided by chatlyn.

Subject Matter of the Contract

chatlyn provides registered users with access to the software via the internet to the agreed extent. The software products accessible through the platform are provided as Software-as-a-Service offerings. Therefore, users must have their own access to the internet and can remotely access the servers where the software is hosted. Chatlyn's service generally includes the provision of the software, the granting of user rights to the software, the storage of user data on the platform servers for the use of the software, and the provision of agreed additional support services within the framework of using the software.

The specific scope of services, additional and support services, contract start and duration, as well as the ongoing fees are determined in the offer, which the respective user accepts. The acceptance of an offer by the customer can either occur in cooperation with a sales employee of chatlyn or through independent booking on the chatlyn website (www.chatlyn.com).

The use of the platform or software is based, among other things, on the connection of users to communication services. Chatlyn has no influence on the extent and the conditions of the services provided - the contracts of use are generally concluded independently by users with the respective service providers. Changes or cessation of such services, even if it entails a limitation of chatlyn's services, do not diminish chatlyn's claim to payment.

The use of WhatsApp within the provided software occurs through the WhatsApp Business API. Access to this API is provided to the user by chatlyn with the involvement of a service partner to the agreed extent.

Conclusion of the Contract

The conclusion of the contract can either be done personally in contact with an employee of chatlyn or independently via the chatlyn website.

Employees of chatlyn send a proposal to conclude a software usage contract to potential users upon request. The user can accept the offer by signing it and sending it back to chatlyn, e.g., scanned via email.

Contract conclusion via the chatlyn website (www.chatlyn.com) requires the selection of an individual service package. After the selection, the user is redirected to the payment service provider stripe's website, where the user's contract-relevant information must be provided. By clicking the confirmation button, the contract with chatlyn is concluded, and the user receives an order confirmation via email.

Registration and Use of the Platform

The platform or software can only be used by registered users. Users can either register themselves via the website or are registered by chatlyn after the conclusion of the contract, where a user account with administrative rights is created. Registered users have the opportunity to create employee accounts within the user account by specifying names and email addresses and set individual permissions if this option is included in the individual contract content. With these accounts, the platform can be used to the extent of the agreed service scope.

The data associated with the customer account must be kept up-to-date and be complete and correct. Changes must be made by the customer immediately in the account upon becoming aware of them or alternatively communicated to a chatlyn employee.

Customer and employee accounts may only be used by authorized persons. The customer is responsible for keeping the access data for their user account confidential and must not pass it on to third parties. In case of misuse or loss of access data, the customer is obliged to inform chatlyn immediately.

The user is responsible for all activities that occur through their user account or linked employee accounts.

Availability of the Platform

chatlyn strives to provide the platform with utmost care and availability. However, uninterrupted availability of the platform is not guaranteed.

In particular, chatlyn is entitled to temporarily restrict access to the platform or its functional scope to perform maintenance work or to provide new features. chatlyn will inform the user at least one week before carrying out work that affects availability.

If the user notices an error or a disruption of the platform or software that is not within the customer's control, they must report it to chatlyn immediately to enable troubleshooting.

User Rights

chatlyn grants the user the non-exclusive and non-transferable right to use the software within the agreed scope for the agreed period in accordance with these General Terms and Conditions (AGB). The use may only occur by the agreed number of persons.

The user is not permitted to reproduce the software or make it available to third parties, except within the scope of the intended use of the product. This includes, but is not limited to, renting, lending, distributing, or any other remunerative or gratuitous provision of the software.

The user is also not entitled to use the software to develop their own similar products or services. The user undertakes to refrain from reverse engineering, decompilation, and other impermissible actions.

Support

chatlyn provides user support services, the scope of which results from the individual agreement. Additional services that go beyond statutory obligations must be paid for separately, with the user being informed of the fees before commissioning these services.

User Obligations

The user commits to using the platform only for lawful purposes and not to distribute content that violates applicable law or harms third parties. The user must not use the platform for activities that affect the platform's availability or security.

chatlyn does not check user content and customer communication for legality; in particular, the user is responsible for complying with data protection regulations concerning communication with their customers and the terms of use of connected third-party systems. If access to third-party systems is restricted due to user behavior, chatlyn is not liable for this and retains the full claim to payment.

The customer is responsible for providing the necessary hardware and software to use chatlyn's software and for the required configuration of the IT system. Support services related to this are provided by chatlyn for a fee, provided they are not covered by the individual agreement.

Compensation

The amount of the fee that the user has to pay is derived from the individual offer or contract. For annual subscriptions, payment is made on an annual basis in advance for the entire contract year upon receipt of the invoice. For monthly subscriptions, the fee is payable monthly. Payment deadlines are stated on the invoice, which is sent to users electronically.

If we offer or grant users discounts or other benefits or special conditions, these are only valid for the initially booked period. The granting of discounts and special conditions is at the complete discretion of chatlyn. There is no legal claim to a further granting of discounts and special conditions once the originally agreed contract term has expired. This also applies if the contract is extended or a new contract is concluded for the purpose of applying special conditions, for example, from promotional offers.

Contract Duration and Termination

Chatlyn offers both monthly and annual subscriptions. The chosen option is derived from the individual contract or offer.

Monthly subscriptions are generally concluded for an indefinite period and can be terminated monthly by either contracting party with four weeks' notice.

For annual subscriptions, the minimum contract duration is one year unless otherwise agreed individually. The contract can be terminated by either contracting party at the end of the minimum contract period with three months' notice. If the contract is not terminated in due time, it is extended by another year and can again be terminated by either contracting party at the end of the contract year with four weeks' notice.

In the event of a serious breach of contractual obligations, each contracting party is entitled to terminate the contract without notice for an important reason. An important reason for chatlyn exists, in particular, if the user is in default of payment of the fee or a significant part of it for at least two consecutive months or if the user becomes insolvent or overindebted.

Contract termination must be made in writing by email () or by mail.

After the contract period has expired, active user and employee accounts will be deactivated or deleted, and further use of the platform or software will no longer be possible.

Data Protection and Confidentiality

chatlyn processes user data necessary for the handling of the contractual relationship. This processing is subject to the Data Protection Declaration for Users (“Datenschutzerklärung für Kunden und Leistungserbringer”), which was provided to the user at the latest at the conclusion of the contract.

The processing of data of the user's customers is only carried out on behalf of the user - chatlyn is a data processor within the meaning of Art. 28 GDPR in this respect. chatlyn concludes a separate data processing agreement with the user that meets the requirements of the GDPR if necessary.

chatlyn treats all information made accessible by users in the course of the execution of the respective contractual relationship confidentially. Disclosure of this information, for example, to employees and service providers used by chatlyn, occurs only if it is necessary for the fulfillment of the contractual relationship and if these persons are obliged to maintain confidentiality.

The user is obliged to treat as confidential all business and trade secrets of chatlyn that become known to them in the course of the execution of the contract and not to disclose them to third parties or use them in any other way.

Reference Attribution 

chatlyn is entitled to use the user's name and logo as well as the services provided by chatlyn to the user for marketing activities. This includes, in particular, the use for demonstration and advertising purposes in the form of press releases, on the website, in presentations, at trade fairs, seminars, exhibitions, and other comparable occasions. 

Liability, Compensation, and Warranty

chatlyn is liable, to the extent legally permissible, only for damages caused by gross negligence or intent. Liability for mere financial losses is excluded. This exclusion of liability also covers the liability of employees and legal representatives of chatlyn.

The legal warranty provisions of the Austrian General Civil Code (ABGB) apply. chatlyn does not guarantee that the platform or software will be available and function completely free of errors at all times. Therefore, there is particularly no defect if the functionality of the software is only insignificantly or temporarily restricted, or if the defect arises from the sphere of the user.

Changes to the Terms and Conditions 

Changes or amendments to these Terms and Conditions must be made in writing.

chatlyn is entitled to change these Terms and Conditions if this becomes necessary due to unforeseeable changes, especially in technical or legal conditions. This includes, for example, the case that providers of products and services that chatlyn obtains for the operation of the offered platform or software change their terms of use or restrict the use. Changes to primary performance obligations, such as the fee, are excluded by this means.

Changes to the Terms and Conditions will be communicated to the user in writing, for example via email. The changes are considered accepted by the user if they do not object to the change within two weeks after receiving the notification of the change. In the event of an objection, chatlyn is entitled to extraordinarily terminate all existing contractual relationships with the user, to which these Terms and Conditions apply, with a notice period of two weeks, provided that the change notification referred to the fiction of consent and the right of termination.

Final Provisions 

These Terms and Conditions and all further agreements made between chatlyn and the user are subject to the laws of the Republic of Austria. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and the contracts individually concluded between chatlyn and the user is Vienna, Austria, unless mandatory statutory provisions contradict.

If one or more provisions of these Terms and Conditions or other agreements concluded between chatlyn and the user are or become invalid, this shall not affect the validity of the remaining regulations.

These General Terms and Conditions were last updated on 24. Okt. 2023.

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