Terms of Service
– for the Service “Billnap” –
1. Operator, Subject of the Contract, Conditions of Provision
1.1. The Service “Billnap” is operated by Ivan Durak of Jöss 30/3, 8403 Lebring, Austria, (hereinafter: “we”, i.e. “us”).
1.2. The Service “Billnap” (hereinafter: Service) is provided as an app. Users registered at our Affiliate Stores may use the App to store the information related to a product purchased and the purchase made at an Affiliate Store (information such as product name, price and/or date of purchase) (hereinafter: Product Information). For this purpose, the User is required to provide his or her email address following a purchase to the respective Affiliate. The Affiliate will in turn forward it to us along with the respective Product Information. The email address (provided to “Billnap” upon user registration) will then be used to associate the respective Product Information with the respective User and subsequently made available in the app.
1.3. Product Information do not replace an invoice for tax or other legal purposes.
1.4. The use of the Service is gratuitous.
2. User Account
2.1. Users are required to submit accurate and complete information upon User Account registration. Third-party data must not be used without their consent.
2.2. Users are obligated to maintain the confidentiality of their access data (such as password), to not make said data available to third parties, and to contact us without delay in the event of loss or unauthorized use of said access data.
3. Conclusion of Contract, Storage of Contract, Contract Language
3.1. The provision of the Service alone does not constitute a binding offer to conclude a corresponding user agreement. An offer is considered binding only once the User submits to us their user registration request via the Service. The offer shall be deemed accepted once we confirm User Registration either by way of a Registration Confirmation Email or through the App (where accessed via the App) or by posting user-submitted data on the platform.
3.2. We store the contract data, including the present Terms of Service. Printing and storing of the contract data including the present Terms of Service is permitted. The current version of the respective Terms of Service is also available within the App.
3.3. The language of the contract is German.
4. Duration of the Contract, Termination, Blocking and/or Deletion
4.1. The User may at any moment and for any reason terminate the User Agreement without prior notice. We reserve the right to terminate the User Agreement at any time and for any reason, subject to a notice period of two weeks. The statutory right to immediate termination for good cause hereby remains unaffected.
5. Data Backup
5.1. It is the responsibility of the User to save and keep in his or her own records the content submitted by him or her on the Platform for the purpose of preserving said content in the event of data loss on the Platform.
6. Disclaimer and Limitation of Liability
The following applies to our liability for damages:
6.1. In the event of malicious intent and gross negligence, including those of our vicarious agents, we will be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.
6.2. In the event of property damage and pecuniary detriment caused by negligence on our part, our liability will be limited to a related breach of a significant contractual obligation in the amount not exceeding the damages typical for this type of contract and foreseeable upon conclusion thereof. Significant contractual obligations are such duties whose fulfilment is essential for the due and proper performance of the contract and on whose fulfilment the contractual party generally may reasonably rely.
6.3. Any further liability on our part, irrespective of the legal ground, is excluded.
6.4. The disclaimers and limitations under the above paragraphs (1) to (3) apply mutatis mutandis to our vicarious agents.
6.5. Liability for assumption of a guarantee and liability under the Product Liability Act remain unaffected by the disclaimers and limitations under the above paragraphs (1) to (4).
7. Applicable Law, Place of Jurisdiction
7.1. The law of the Republic of Austria shall apply exclusively, under exclusion of the UN Convention on the International Sale of Goods (CISG, Vienna Convention). This choice of law applies to the Consumer insofar as the mandatory statutory provisions of the Consumer’s country of domicile or habitual residence are not limited thereby. Consumer in this regard is a person who has concluded with us a contract for a purpose outside his or her trade or profession.
7.2. For disputes other than those arising from consumer contracts, the domicile of our company is hereby agreed as the place of jurisdiction. Nevertheless, we retain the right to take legal action against the Customer, i.e. User in his or her domicile.