Terms and conditions
Conditions for using Vividomo® software and services.
This document is an editorial draft. It contains explicitly marked [PLACEHOLDERS]that must be replaced with verified information before publication. Legal review is required before publication. This draft does not replace legal advice.
1. Scope & contracting parties
These terms and conditions apply to all contracts for the use of Vividomo® software and services between
NewWays AI Development & Consulting GmbHBahnweg 3d, 9220 Velden am Wörthersee, Austria
(the “Provider”) and its customers (the “Customer”). The software is intended for businesses within the meaning of section 1 of the Austrian Consumer Protection Act (KSchG), particularly estate agents and agencies. [PLACEHOLDER: Clarify whether consumers are also addressed. If so, consumer protection provisions, including withdrawal rights and FAGG/KSchG requirements, must be added.]
2. Subject matter & services
The Provider supplies a cloud-based software-as-a-service solution. Features depend on the selected plan. Current service and feature descriptions are available on /en/features and /en/pricing pages.
[PLACEHOLDER: Define the binding scope per plan, feature status (live/in development/planned) and any beta features contractually.]
3. Registration & contract formation
Use requires a registered account. Customers must provide accurate, complete registration information and keep their credentials confidential.
[PLACEHOLDER: Define offer/acceptance, confirmation emails, minimum age and authority to represent a business.]
4. Free trial
New customers can try Vividomo® free for 30 days without providing payment details. The trial does not automatically convert to a paid plan.
If no paid plan is selected after the trial, existing data remains readable and editable, but creating new content such as properties or contacts is restricted until a plan is purchased. [PLACEHOLDER: Define exact post-trial restrictions and trial-account deletion periods contractually.]
5. Prices & payment
Prices shown on /en/pricing at the time of booking apply. All listed prices are inclusive of 20% VAT. Payments are processed by Mollie.
[PLACEHOLDER: Define monthly/annual billing, due dates, accepted payment methods, late-payment consequences, suspension and price-change rules.]
6. Term, renewal & termination
[PLACEHOLDER: Define monthly/annual terms, automatic renewal, notice periods and form, and extraordinary termination rights.]
7. Customer duties & responsibility
Customers are responsible for their content and data. They must not use the software unlawfully, infringe third-party rights or breach applicable rules, particularly privacy and advertising law.
- No unlawful, misleading or rights-infringing content
- Responsibility for accurate property and customer data
- Careful handling of credentials and accounts
- Independent review of AI-generated text before publication
[PLACEHOLDER: Specify prohibited uses, consequences of breaches and indemnity provisions.]
8. Availability & maintenance
The Provider aims for high availability. Maintenance, development and disruptions outside its control may temporarily limit service. [PLACEHOLDER: Define any binding availability/SLA promise, or expressly state that no specific availability is owed.]
9. Usage rights
Customers receive a non-exclusive, non-transferable right to use the software according to the contract for its duration. Software rights remain with the Provider. The Provider acquires no rights to customer content beyond those needed to perform the contract. [PLACEHOLDER: Clarify treatment of AI outputs and any rights granted.]
10. Privacy
Information about personal data processing is provided in the Privacy Policy. Where the Provider processes personal data on a Customer's behalf, a data processing agreement under Article 28 GDPR will be concluded. [PLACEHOLDER: Add a reference to the application's DPA/data processing terms at app.vividomo.ai.]
11. Warranty
[PLACEHOLDER: Draft warranty provisions for software/SaaS, accounting for mandatory consumer rules where applicable.]
12. Liability
[PLACEHOLDER: Have legal counsel draft liability exclusions and limits, including intent/gross negligence, personal injury and mandatory statutory liability.]
13. Changes to these terms
The Provider reserves the right to amend these terms, for example following changes in services or law. [PLACEHOLDER: Legally define notice, deemed consent, objection and termination procedures for changes.]
14. Final provisions
If an individual provision is invalid, the remaining provisions remain effective.
Applicable law: [PLACEHOLDER: Choice of law, for example Austrian law]
Jurisdiction: [PLACEHOLDER: Define jurisdiction, respecting mandatory consumer rules]
15. Version date
These terms are dated: [PLACEHOLDER: Date of reviewed publication].