General Terms and Conditions

§ 1 Scope

These General Terms and Conditions (hereinafter “GTC”) apply to the use of the SaaS platform “Shopyai” (hereinafter “Platform”) operated by [Firmenname eintragen] (hereinafter “Provider”).

By registering on the Platform, the user agrees to these GTC. Deviating conditions of the user are not recognised unless the Provider expressly agrees in writing.

The GTC apply both to consumers (within the meaning of § 1 KSchG — Consumer Protection Act) and to entrepreneurs (within the meaning of § 1 UGB — Commercial Code). Where these GTC distinguish between consumers and entrepreneurs, the rule stated in each case applies only to the group concerned.

§ 2 Subject of the Contract

The Provider makes available to the user a web-based Software-as-a-Service (SaaS) platform with which online shops and websites can be created, managed and operated.

The range of features includes in particular:

• Creation and design of an online shop (incl. AI-assisted setup)
• Management of products, categories and media
• Customisation of shop design via templates and editor
• Multilingual support (German, English, Dari, Farsi, Pashto)
• Integration of analytics and statistics tools
• Publication of the shop on a subdomain or custom domain

The specific range of features may vary depending on the chosen plan. The Provider reserves the right to further develop and improve the features.

§ 3 Conclusion of Contract

The contract for the use of the Platform is concluded when the user completes the registration process and the Provider makes the account available. A paid plan is concluded when the user selects the plan, completes the payment process and the Provider activates the plan.

Before submitting an order, the user can change their entries at any time via the input fields and the browser's back function, or cancel the process. Input errors are corrected in this way.

The text of the contract is not stored separately by the Provider and is no longer retrievable via the Platform after the contract has been concluded. The GTC applicable at any given time can be viewed, saved and printed out at any time at /terms; the user receives the contract confirmation by e-mail.

The languages offered on the Platform are available for the conclusion of the contract. The German version of these GTC is authoritative for the contractual relationship; translations serve information purposes only.

§ 4 Registration and Account

Use of the Platform requires registration. Registration takes place via the procedures offered on the sign-in page (currently Google Sign-In, Telegram login and the e-mail address sign-in provided by the Provider).

The user is obliged to provide truthful and complete information during registration and to keep it up to date.

The user is responsible for the security of their login credentials. The Provider must be notified immediately if misuse of the account is suspected.

In the event of a breach of these GTC, the Provider may temporarily suspend the account or terminate the contract. Before a suspension, the user will — except in cases of imminent danger, unlawful content or suspected misuse — be requested to remedy the breach within a reasonable period. The Provider will inform the user of the reasons for a suspension or termination and will point out the possibility of submitting a statement. Fees already paid in advance for the period that can no longer be used will be refunded on a pro-rata basis, provided the user is not responsible for the suspension.

§ 5 User Obligations

The user undertakes to:

• use the Platform only within the framework of applicable laws and these GTC;
• not distribute any unlawful, fraudulent, deceptive or harmful content via the Platform;
• not upload any content that infringes the rights of third parties (in particular copyrights, trademark rights, personality rights);
• as a shop operator, fulfil the statutory information obligations (e.g. imprint, cancellation policy, privacy policy for their own shop);
• be solely responsible for all content of their shop (product descriptions, images, prices);
• not use the Platform in a manner that could impair its integrity, security or availability.

§ 6 Availability

The Provider endeavours to make the Platform available without interruption. However, there is no entitlement to uninterrupted accessibility.

The Provider reserves the right to temporarily restrict the Platform for maintenance, updates or improvements. Planned maintenance will be announced in advance where possible.

The Provider assumes no liability for outages due to force majeure, disruptions on the internet or at third-party providers. The user's statutory warranty rights remain unaffected.

§ 7 Prices and Payment

The Platform may be offered both as a free basic version and in paid plans. The applicable prices and scope of services are set out in the current pricing overview on the Platform.

Vis-à-vis consumers, all stated prices are total prices; they include statutory value added tax insofar as it is incurred. No further costs are incurred beyond the amount displayed. Vis-à-vis entrepreneurs, prices are, insofar as they are separately stated as net prices, subject to the addition of statutory value added tax.

For paid plans, billing takes place in advance for the respective agreed billing period (monthly or annually).

The Provider is entitled to adjust the fees no more than once a year in line with the development of the costs relevant to the provision of the services (in particular costs for data centre and hosting services, licence and AI model costs, payment processing and collective-agreement personnel costs). If these costs fall, the fees must be reduced to the same extent. Fee changes will be announced to the user in text form at least two months before they take effect. If an increase exceeds the development of the consumer price index published by Statistik Austria, the user is entitled to terminate the contract free of charge before the increase takes effect; this right will be pointed out in the announcement. Increases do not apply to billing periods already paid for.

§ 8 AI-Generated Content

At the user's request, the Platform creates machine-generated content (in particular texts, images, translations and drafts of legal texts). This content may be incorrect, incomplete or legally inaccurate and does not constitute legal, tax or any other advice.

The user is obliged to review AI-generated content before publishing or using it. The user alone is responsible for the use of this content — in particular for the accuracy of the published legal texts of their own shop.

Insofar as rights may arise in AI-generated content, the Provider grants the user the right of use therein within the framework of § 10. There is no entitlement to exclusivity or to a particular result.

§ 9 Usage Quotas and Beta Features

The quotas set out in the respective plan apply to AI features, storage space and shipping volumes. The Provider may temporarily throttle usage if these quotas are exceeded or in the case of usage that impairs the Platform; the user will be informed thereof.

Features designated as “Beta” or “Preview” are provided without any assurance of availability or functionality and may be changed or discontinued at any time. For consumers, the statutory warranty rights with regard to the principal service owed under the contract remain unaffected.

§ 10 Intellectual Property

All rights to the Platform, including design, software, logos and trademarks, remain with the Provider. The user receives a simple, non-transferable right of use for the duration of the contract.

The user retains all rights to the content they create and upload (texts, images, product data). The user grants the Provider a simple right of use insofar as this is necessary for the provision of the contractually owed services.

The user warrants that the content they publish is free from third-party rights and does not violate any laws.

§ 11 Liability

The Provider is liable without limitation for damage arising from injury to life, body or health, as well as for other damage caused by it intentionally or through gross negligence.

For other damage (damage to property and financial loss) based on slight negligence, the Provider's liability vis-à-vis consumers is excluded, insofar as no mandatory statutory grounds for liability — in particular under the Produkthaftungsgesetz (Product Liability Act) — conflict therewith.

Vis-à-vis entrepreneurs, liability for slight negligence is excluded; liability for lost profit and for consequential damage is excluded even in the case of gross negligence. The reversal of the burden of proof under § 1298 ABGB (General Civil Code) is excluded vis-à-vis entrepreneurs.

The Provider is not liable for damage arising from unlawful acts of the user or from incorrect information provided by the user. The user shares responsibility for regularly backing up their data; the export functions of the Platform are available for this purpose.

§ 12 Indemnification

The user indemnifies the Provider against all claims by third parties asserted against the Provider on account of unlawful content, activities or products of the user. This also includes the reasonable costs of legal defence. The obligation to indemnify does not apply insofar as the user is not responsible for the breach.

§ 13 Data Protection

The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Details are set out in the privacy policy, available at Privacy .

Insofar as the user, as a shop operator, processes personal data of their customers via the Platform, the Provider acts as a processor pursuant to Art. 28 GDPR. The data processing agreement (DPA), together with the list of sub-processors used, will be made available to the user and forms part of this contract as soon as the user operates a shop. The Provider will give notice of intended changes of sub-processors; the user may object thereto for good cause.

§ 14 Contract Term and Termination

The user may cancel their account at any time. For users on the free plan, the account will be deactivated immediately upon cancellation.

The following applies to paid subscriptions: A monthly plan can be terminated at any time with effect from the end of the current billing month. A yearly plan can be terminated at any time and expires at the end of the paid contract term.

In the case of ordinary termination by the user, the contract continues until the end of the billing period already paid for; fees already paid for this period will not be refunded. If the user terminates for good cause for which the Provider is responsible, or if the Provider discontinues the service prematurely, fees paid in advance for the period no longer used will be refunded on a pro-rata basis. Statutory rights of withdrawal and warranty rights remain unaffected.

The user may delete their shop at any time, provided there are no open or unprocessed orders. Shop data will be removed within 30 days of deletion, unless statutory retention obligations apply.

The right to extraordinary termination for good cause remains unaffected for both contracting parties. Good cause exists in particular in the case of serious breaches of these GTC.

After final account cancellation, personal data will be deleted within 30 days, unless statutory retention obligations apply. The user may request a data export before deletion.

§ 15 Amendments to the GTC

The Provider may amend these GTC insofar as this is objectively justified on account of changed legal or technical conditions, for security reasons or due to the further development of the Platform, and does not unreasonably disadvantage the user. Amendments to the principal contractual obligations — in particular to the scope of services and the fee — are excluded from the deemed-consent mechanism; they require the user's express consent or are governed by § 7 (fee adjustment).

The user will be informed of amendments at least two months before they take effect by e-mail or by a notification on the Platform. If the user does not object within this period, the amendments are deemed to be accepted. The notification will separately point out to the user the possibility of objecting, the period and the significance of the user's silence. If the user objects, either contracting party may terminate the contract with effect from the date on which the amendment takes effect.

§ 16 Rücktrittsrecht (FAGG)

In the case of distance contracts, consumers have a right of withdrawal of 14 days from the conclusion of the contract (§ 11 FAGG). Withdrawal may be declared without any particular form — for example by e-mail to the address stated in the imprint — or by using the model withdrawal form below. Sending the declaration of withdrawal in good time is sufficient to comply with the period.

Early Commencement of Performance and Expiry of the Right of Withdrawal

If the consumer expressly requests that the Provider begin providing the service before the withdrawal period expires, the consumer must, in the event of withdrawal, pay a proportionate fee for the services provided up to the withdrawal (§ 16 FAGG).

In the case of services, the right of withdrawal expires only upon complete performance of the contract, provided the Provider began performance at the consumer's express request and the consumer previously confirmed that they would lose their right of withdrawal upon complete performance of the contract (§ 18 Abs. 1 Z 1 FAGG). In the case of an ongoing subscription, this situation does not arise before the end of the contract term.

In the case of the supply of digital content that is not supplied on a tangible medium, the right of withdrawal expires prematurely if the Provider began performance before the expiry of the period with the consumer's express consent and with the consumer's acknowledgement of the loss of the right of withdrawal (§ 18 Abs. 1 Z 11 FAGG).

Refund

In the case of an effective withdrawal, we will refund all payments received without undue delay, at the latest within 14 days of receipt of the declaration of withdrawal, using the same means of payment that the consumer used for the original payment. For services already provided, a proportionate amount may be retained pursuant to § 16 FAGG (Distance and Off-Premises Contracts Act). The consumer incurs no costs as a result.

Exceptions to the Right of Withdrawal

In particular, there is no right of withdrawal in the case of the following contracts (§ 18 FAGG):

• contracts for services that have been fully performed, where performance began at the consumer's express request and the consumer confirmed before the start that they would thereby lose their right of withdrawal;
• contracts for goods or services whose price depends on fluctuations in the financial market over which the Provider has no influence;
• contracts for goods that are made to the customer's specifications or are clearly tailored to personal needs;
• contracts for the supply of digital content not supplied on a tangible medium, under the conditions set out in § 18 Abs. 1 Z 11 FAGG.

Model Withdrawal Form (Annex I Part B FAGG)

If you wish to withdraw from the contract, please complete this form and send it back to us. Use of the form is not mandatory.

Legal basis: §§ 11–18 FAGG, Federal Law Gazette I No. 33/2014.

§ 17 Digital Services Act (DSA)

The platform is subject to Regulation (EU) 2022/2065 on digital services (Digital Services Act – DSA). As a provider of intermediary services, we comply with the following obligations:

Single Point of Contact (Art. 12 DSA)

Our single point of contact for Member State authorities, the Commission and the Board for Digital Services as well as for users can be reached at:

E-mail: [[email protected]]

Languages of communication: German, English

Reporting Illegal Content (Art. 16 DSA)

Users and affected persons may report illegal content on the Platform via the contact point named above or via the reporting form at /report. We process such reports in a timely, diligent, non-arbitrary and objective manner.

The report should contain: a sufficiently substantiated explanation of why the content is illegal, the precise electronic location (URL) of the content, and the name and e-mail address of the reporter.

Transparency (Art. 15 DSA)

As a micro enterprise within the meaning of Empfehlung 2003/361/EG (Recommendation 2003/361/EC), we are currently exempt, pursuant to Art. 15 Abs. 2 DSA, from the obligation to publish annual transparency reports. As soon as this exemption ceases to apply, we will publish the reports here.

Statement of Reasons for Decisions (Art. 14 and 17 DSA)

These GTC contain information on the restrictions we impose in relation to content provided by users (see § 5 User Obligations). We communicate decisions to restrict or remove content, as well as to suspend or terminate an account, to the affected user with a statement of reasons and point out the possibility of submitting a statement and the available legal remedies.

Legal basis: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (Digital Services Act).

§ 18 Final Provisions

Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of the referral rules of private international law. If the user is a consumer with habitual residence in another state, the mandatory consumer protection provisions of that state additionally remain available to them (Art. 6 Abs. 2 Rom-I-VO — Rome I Regulation).

For actions against a consumer who has their domicile, habitual residence or place of employment in Austria, the court in whose district one of these places is located has exclusive jurisdiction (§ 14 KSchG — Consumer Protection Act). The jurisdiction rules of the Brussels Ia Regulation (EuGVVO) for consumer matters remain unaffected. Vis-à-vis entrepreneurs, the exclusive place of jurisdiction is the court having subject-matter jurisdiction at the Provider's registered office.

The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration body under the Alternative-Streitbeilegung-Gesetz (AStG — Alternative Dispute Resolution Act). The European Commission's Online Dispute Resolution platform was discontinued on 20 July 2025.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory rules shall apply in place of the invalid provision. Vis-à-vis consumers, an invalid provision shall be deemed not to have been agreed.

Collateral agreements, amendments and supplements to this contract require text form.