Terms of Service (SaaS)

§ 1 Provider

Webagentur Hochmeir e.U., Jonathan Hochmeir, Moorweg 7, 4845 Rutzenmoos, Austria. VAT ATU78855106, company register 597527 t (Landesgericht Wels). Email: hello@webhoch.com.

§ 2 Scope

These terms apply to all SaaS products, online tools, web apps, software services, trial access and internet-based offerings of the provider — to businesses and consumers, unless individual provisions are limited to one group. Deviating terms require written consent.

§ 3 Subject matter

The provider grants time-limited use of the software via the internet according to the respective product description. The actual feature set follows from the product page, pricing tier and individual agreements. The provider may further develop and modify features while preserving the essential functions. No specific economic result, availability, compatibility or outcome of AI features is guaranteed.

§ 4 Registration, account, access

Registration requires complete, accurate information kept up to date. Credentials must be kept secure; the user is responsible for activities under their account unless unauthorised use occurs. Multiple accounts and credential sharing are permitted only within the plan or with express approval. The provider may reject registrations or suspend accounts for valid reasons.

§ 5 Trial periods / free trials

The provider may offer free or discounted trials of varying scope, duration and conditions. After transparent notice, a trial may automatically convert into a paid subscription. The provider may restrict or end trials for valid reasons.

§ 6 Pricing, billing, payment

Pricing models include monthly/yearly subscription, one-time licence/setup, usage-based, or individual enterprise agreements. Net prices (plus VAT) apply to businesses, gross prices (incl. VAT) to consumers. Payment is due in advance at the start of the billing period. The user must maintain a valid payment method. Future prices may be adjusted reasonably with prior notice for material changes. Failed payments may lead to temporary access restriction.

§ 7 Term, renewal, termination

Monthly subscriptions cover one month, yearly subscriptions one year. The user may cancel at any time effective at the end of the period already paid for. No pro-rata refunds are made unless mandatory consumer law provides otherwise. Individual/enterprise contracts may stipulate minimum terms and different cancellation rules. The right to terminate for good cause remains unaffected.

§ 8 Right of use

Upon full payment, the user receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the software as agreed during the term. No ownership is acquired. Prohibited in particular: rental, sublicensing, reverse engineering, decryption, unlawful mass automation, building a competing service, and any unlawful use.

§ 9 User content, data, user responsibility

The user is solely responsible for all stored and processed content, data, files, prompts and settings. The user warrants these are lawful, do not infringe third-party rights, have the necessary legal basis/consents and contain no prohibited or security-endangering material. The user indemnifies the provider against third-party claims arising from user content or unlawful use. The provider may remove flagged content but is not obliged to monitor all material in advance.

§ 10 Data backup, export, deletion after term

The user is responsible for backing up and exporting their own data unless agreed otherwise. After the term ends, access ceases. Data is generally deleted or anonymised within 30 days of the term ending, unless statutory retention or security reasons require otherwise. There is no obligation to retain or restore data thereafter.

§ 11 Availability, maintenance, updates

The provider strives for stable, secure operation but guarantees a specific availability only where documented separately in an SLA. Maintenance, updates, patches, security measures, infrastructure changes and further development are permitted. Temporary disruptions may occur due to maintenance, security, third-party outages, force majeure, internet issues or misuse. Public status/uptime figures are not a binding commitment without express agreement.

§ 12 Third parties, APIs, AI services, payment providers

The software may depend on third parties (hosting, email, payment processing, authentication, AI/LLM services, databases, automation/integration, analytics, monitoring). The provider is not liable for third-party failures, changes or quality degradation. AI or automation features may produce incomplete, faulty or unpredictable results; the user must verify them independently before business/legal use.

§ 13 Support

Support is provided only to the extent contractually agreed. Without a separate SLA there are no guaranteed response or resolution times. The provider may limit support to standard channels and business hours.

§ 14 Warranty

Towards businesses, warranty is limited — where permissible — to 6 months from provision; remedy is primarily by improvement within a reasonable period. Minor impairments are excluded. Consumers retain their mandatory statutory warranty rights. No warranty applies for user error, insufficient user-side system requirements, changes by the user/third parties, or circumstances beyond control.

§ 15 Liability

The provider is liable without limit only for intent, gross negligence and personal injury. Liability for ordinary negligence is excluded where permissible. Excluded where permissible are in particular indirect and consequential damages, lost profit, lost savings, data loss, reputational harm, business interruption and damages from the use of software output or third-party failures. Where liability remains, it is capped at the net fees paid in the previous 3 months (or the one-time service amount). Mandatory consumer rights remain unaffected. The user must mitigate damage by backup and verification.

§ 16 Suspension, restriction, abuse

The provider may temporarily suspend or restrict accounts or features in case of security incidents, suspected abuse, payment arrears, rights violations, endangerment of the platform, or excessively system-taxing use. The user's interests are respected; measures are lifted once the cause ceases.

§ 17 Data protection / data processing

Where the provider processes personal data on behalf of the user, a separate data processing agreement (DPA) is concluded. Details in the privacy policy.

§ 18 Consumers / digital content / withdrawal

Distance contracts with consumers are subject to mandatory consumer protection rules including the right of withdrawal. For digital content/services the right of withdrawal may lapse under statutory provisions. Details in the withdrawal notice.

§ 19 Governing law, jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For businesses, jurisdiction is the provider's registered seat. For consumers, mandatory statutory protections apply.

§ 20 Severability

Should individual provisions be invalid, the remainder of the contract remains effective. The invalid provision is replaced by a rule that comes closest to its economic purpose.