Terms and Conditions – Bobits Flow
Last updated: [[STAND-DATUM]]
1. Scope; businesses only
1.1 These terms apply to all contracts between [[FIRMENNAME]], [[ANSCHRIFT]] ("Provider"), and its customers for the use of the software "Bobits Flow" at flow.bobits.at ("Service").
1.2 The Service is offered exclusively to businesses (Unternehmer within the meaning of § 1 UGB and § 1 KSchG). Consumers may not conclude a contract. By signing up the customer confirms that it enters into the contract for its business. The Austrian Consumer Protection Act (KSchG) does not apply. ⚠ to be checked: sign-up does not currently verify business status (no VAT ID check, no separate confirmation).
1.3 The customer's own terms do not apply, even if the Provider does not expressly object.
2. Formation of contract
2.1 The contract is formed when the customer submits the sign-up form, accepts these terms and confirms its email address via the link sent to it. Login is possible only after that.
2.2 After sign-up the customer uses the free plan ("Free"). The customer requests paid plans in the Service. The Provider may decline a request without giving reasons. After approval the customer subscribes on the checkout page of the payment provider Stripe; the contract for the paid plan is formed on successful completion.
2.3 The person signing up the customer warrants that it is authorised to do so.
3. Services
3.1 The Service is web-based business administration software. Depending on the plan it includes in particular: outgoing and incoming invoices, quotes, an inbox for documents (upload, photo, email retrieval, Telegram), customer, supplier and employee management, bank transaction import, time-tracking interfaces, scheduling, account assignment (Kontierung) and journal, and Austrian VAT return (UVA) calculations with XML export. The current scope per plan is shown at [[PREISSEITE-URL]] and in the application.
3.2 The Service supports the Austrian and German jurisdictions only. It does not transmit data to tax authorities; the customer files returns itself (e.g. via FinanzOnline).
3.3 The Provider supplies the Service in its current version. It may develop the Service further and change or remove features as long as the essential core of the booked plan is preserved and the change is reasonable for the customer. ⚠ to be checked (§ 879(3) ABGB).
3.4 AI features. On certain plans the Service reads documents using an external AI service (currently OpenAI). The results are proposals. They are only applied after the user has checked and confirmed them. The Provider does not warrant that AI proposals are complete or correct. The customer can switch AI features off in the settings.
3.5 No tax or legal advice. The Service does not replace a tax adviser, auditor or bookkeeper. Suggested accounts, tax rates, return figures and calculations are aids. The Provider does not provide services reserved under WTBG 2017 or BiBuG 2014. ⚠ to be checked.
3.6 Not an archive. The Service is not an audit-proof archive within the meaning of § 132 BAO or § 212 UGB. The customer remains responsible for retaining its books and records as required by law and in particular must keep its own copies before the contract ends. ⚠ to be checked.
4. Availability
4.1 The Provider aims for high availability but does not commit to any specific availability (no SLA).
4.2 Maintenance, updates and security measures may cause short interruptions. Where possible the Provider performs them at low-usage times.
4.3 The Provider is not responsible for outages beyond its control (e.g. failures of data centres, network operators or third-party services such as AI or payment providers).
5. Prices and payment
5.1 Prices are as shown at [[PREISSEITE-URL]] at the time of subscription, plus statutory VAT.
5.2 Paid plans are billed in advance for the chosen billing period ([[ZAHLUNGSINTERVALL]]) via Stripe. The customer manages payment methods, invoices and its subscription in Stripe's customer portal.
5.3 If the customer is in default of payment, the Provider may, after an unsuccessful reminder with a period of at least 14 days, block access or downgrade to the free plan. The customer's data is retained.
5.4 The Provider may change prices with at least [[PREISÄNDERUNG-FRIST]] notice, effective from the next billing period. The customer may terminate with effect from the change. ⚠ to be checked.
6. Customer obligations
6.1 The customer is responsible for the correctness and completeness of its data, bookings, invoices and tax returns. In particular it checks document data, tax rates, account assignments and VAT returns before using them.
6.2 The customer keeps login credentials secret, grants user rights only to authorised persons and informs the Provider without delay of suspected misuse.
6.3 The customer uploads only content it is entitled to process, and no malware. It stores special categories of personal data (Art. 9 GDPR) only where unavoidable for its accounting.
6.4 The customer is responsible for data exchanged via interfaces it configures (own mail server, FTP/SFTP export, Telegram, Tesla), including the security of those endpoints.
6.5 The customer regularly keeps its own copies of business-critical data and documents.
7. Data protection
7.1 Where the Provider processes personal data on the customer's behalf, the data processing agreement (Annex 1) applies. It forms part of these terms.
7.2 Otherwise the privacy policy at [[DATENSCHUTZ-URL]] applies.
8. Rights of use
8.1 For the term of the contract the customer receives a non-exclusive, non-transferable right to use the Service for its own business purposes.
8.2 Rights in the data entered by the customer remain with the customer.
9. Term and termination
9.1 The contract for the free plan runs for an indefinite period and may be terminated by either party at any time without notice. ⚠ to be checked (notice period for the Provider).
9.2 Paid subscriptions renew for the chosen billing period unless cancelled by the end of the current period. The customer can cancel in Stripe's customer portal or by email to [[E-MAIL]]. After a paid period ends, the account is downgraded to the free plan unless the customer terminates the whole contract. ⚠ to be checked: confirm actual Stripe portal and webhook behaviour.
9.3 The customer terminates the whole contract (account deletion) by email to [[E-MAIL]]. Self-service deletion is not currently available in the application.
9.4 The right to terminate for good cause is unaffected. Good cause for the Provider includes unlawful use of the Service, the customer being a consumer, or continued payment default after a reminder. In these cases the Provider may block access.
10. Data at the end of the contract
10.1 After the contract ends the customer can still retrieve its data for [[EXPORTFRIST, e.g. 30 days]]. The Service currently offers download of individual documents (invoices, receipts), export of invoice documents via FTP/SFTP and XML export of VAT returns. On request the Provider supplies the remaining data in a common machine-readable format (e.g. CSV or an SQL dump). ⚠ to be checked: format and cost; no complete self-service export exists yet.
10.2 After that period the Provider deletes the customer's data including stored documents. Backups are overwritten in the regular rotation (currently 30 days). The Provider's own statutory retention duties (e.g. for its own billing records) are unaffected.
10.3 The customer is responsible for retaining its own books and records (in particular for seven years under § 132 BAO).
11. Warranty
11.1 The Provider warrants that the Service essentially has the described functions. Insignificant deviations are not a defect.
11.2 The customer reports defects without delay with a reproducible description. The Provider remedies defects within a reasonable time. On paid plans the customer may claim an appropriate reduction for the duration of a significant impairment.
11.3 For the free plan, warranty is excluded to the extent permitted by law. ⚠ to be checked.
12. Liability
12.1 The Provider is liable without limitation
- for intent and gross negligence,
- for personal injury,
- under the Product Liability Act, and
- where a limitation of liability is otherwise not permitted by law.
12.2 The Provider is not liable for slight negligence. ⚠ to be checked: alternatively, liability for slightly negligent breach of essential contractual duties, limited to the foreseeable damage typical for the contract and capped at the fees the customer paid in the last twelve months (for Free: [[BETRAG]]).
12.3 Unless liability is unlimited under 12.1, the Provider is not liable for lost profit, consequential damage, damage from tax back-payments, late-payment or late-filing surcharges, or damage from adopting AI proposals or automatically calculated values without checking them.
12.4 Unless liability is unlimited under 12.1, liability for data loss is limited to the effort that would have been needed for restoration had the customer kept proper backups (clause 6.5).
12.5 Damage claims become time-barred, to the extent permitted by law, six months after knowledge of the damage and the liable party, and at the latest three years after the damaging event. ⚠ to be checked.
12.6 These limitations also apply to the Provider's employees and agents.
13. Changes to these terms
13.1 The Provider may change these terms with effect for the future. It notifies the customer by email or in the application at least six weeks before the change takes effect.
13.2 If the customer does not object before the effective date, the changes are deemed accepted. The notice points out this consequence and the right to object. If the customer objects, either party may terminate the contract with effect from the change. ⚠ to be checked.
13.3 Changes to main obligations or prices are made only under clauses 3.3 and 5.4.
14. Final provisions
14.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules.
14.2 Place of jurisdiction for all disputes under this contract is the competent court for [[SITZ/GERICHTSSTAND]]. The Provider may also sue the customer at its general place of jurisdiction.
14.3 Notices require text form (email suffices).
14.4 If a provision is invalid, the others remain valid. The invalid provision is replaced by a valid one that comes closest to its economic purpose.
Annex 1: Data processing agreement (avv.md, German only)