Terms of Service (AGB)

These General Terms and Conditions (AGB) apply to all services provided by Capwork e.U., Am Europlatz 2, 1120 Vienna, Austria (hereinafter "Provider") through the Capwork platform.

By registering for and using the Capwork platform, the user accepts these Terms of Service in their current version. Deviating terms of the user are not recognized unless the Provider expressly agrees to them in writing.

The platform is exclusively intended for entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB). Since this is not a consumer contract within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), the provisions of the Consumer Protection Act (KSchG) and the statutory right of withdrawal for consumers under the Austrian Distance and Off-Premises Contracts Act (FAGG) do not apply.

Use of the platform requires registration with a valid email address. The user is responsible for the accuracy of the information provided and for keeping login credentials confidential.

Each user account is personal and non-transferable. The user is liable for all activities conducted through their account.

The Provider reserves the right to refuse or revoke registrations without stating reasons, in particular in cases of misuse or violation of these Terms.

The Capwork platform provides cloud-based tools for appointment management, order processing, team coordination, inventory management, and related business operations. The specific features available depend on the modules activated by the user.

The Provider strives for high availability but does not guarantee uninterrupted access. Scheduled maintenance and updates may lead to temporary service interruptions.

The user agrees to:

• Use the platform only for lawful purposes and in compliance with applicable laws.
• Not upload or distribute any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Not attempt to gain unauthorized access to the platform's systems or other users' data.
• Comply with all applicable data protection regulations when processing personal data through the platform.

All content, trademarks, software, and materials on the Capwork platform are the property of Capwork e.U. or its licensors and are protected by copyright and other intellectual property laws.

The user is granted a limited, non-exclusive, non-transferable right to use the platform for the duration of the contractual relationship.

The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Details are provided in the Privacy Policy.

By registering on the Capwork platform, the user (as data controller within the meaning of the GDPR) concludes a Data Processing Agreement (Auftragsverarbeitungsvertrag, AVV) with the Provider (as data processor) pursuant to Art. 28 GDPR. The AVV governs the processing of end-customer data entered into the platform.

The user acknowledges the use of sub-processors as listed in the Privacy Policy and the AVV, including AI services (Google Vertex AI) for data pre-processing. The user has the right to object to changes in sub-processors.

The user is responsible for maintaining their own privacy policy in compliance with the GDPR and must inform their end customers that the Capwork platform is used as a data processor for handling customer inquiries and data, including any AI-based pre-processing where applicable.

The Capwork platform is provided exclusively for business use (B2B). The user confirms that they use the platform solely within the scope of their commercial or independent professional activities.

The Provider's liability for slight negligence is excluded, except in cases of personal injury. This exclusion also applies to the liability of the Provider's vicarious agents and employees. The injured party shall bear the burden of proving intent or gross negligence.

The Provider's liability for indirect damages, consequential damages, loss of profit, loss of savings, loss of interest, loss of data, damages from business interruption, and third-party claims against the user is excluded to the extent permitted by law.

The Provider's total liability for all claims arising from or in connection with this contract — regardless of the legal basis — is limited in amount to the fees actually paid by the user in the 12 months preceding the event giving rise to the damage. This limitation does not apply to damages caused by intent or gross negligence, nor to personal injury.

The user is obligated to regularly and appropriately back up their data stored on the platform. The Provider is liable for data loss only to the extent that the damage would have occurred even if the user had properly backed up their data.

For services provided free of charge (e.g., trial periods, free features), the Provider is liable only for damages caused by intent.

The Provider is not liable for damages or impairments caused by force majeure, failures or malfunctions of third-party services (in particular cloud infrastructure, payment service providers, AI services), government orders, cyber attacks, or disruptions caused by the user.

The user's claims for damages shall become time-barred within six months of the user becoming aware of the damage and the party responsible, but in any event within three years of the event giving rise to the damage, unless mandatory statutory provisions require longer limitation periods.

The foregoing limitations and exclusions of liability do not apply to damages attributable to intent or gross negligence on the part of the Provider, to personal injury, or to liability under the Austrian Product Liability Act (PHG). The Provider's liability under Art. 82 GDPR also remains unaffected.

The user shall indemnify and hold the Provider harmless from all third-party claims asserted against the Provider due to the user's unlawful use of the platform or due to data protection violations within the user's area of responsibility. This includes reasonable costs of legal defense.

The fees for using the Capwork platform are governed by the price list valid at the time of booking or activation of the respective module, available at https://capwork.io/pricing. Unless expressly stated otherwise, all prices are net prices exclusive of statutory VAT.

Billing is performed monthly in arrears. At the beginning of each following month, the user receives an invoice for the chargeable services used during the preceding billing period.

Payment is made exclusively via the payment service provider Stripe Payments Europe, Ltd. (Dublin, Ireland), using a payment method stored by the user in the account (in particular SEPA direct debit or credit card). The user authorises the Provider to collect the respective due invoice amount via the stored payment method and is obliged to maintain a valid and sufficiently funded payment method.

Invoice amounts are due for payment without deduction within fourteen (14) days of the invoice date. If payment is not received within this period or if a collection is rejected due to insufficient funds, objection, or other reasons attributable to the user, the user is in default without any further reminder being required.

In the event of payment default, the user owes statutory default interest pursuant to § 456 UGB (currently 9.2 percentage points above the applicable base rate). In addition, the user shall reimburse the Provider a flat fee of EUR 40.00 for collection costs pursuant to § 458 UGB as well as any further reasonable and necessary reminder, collection, and legal-enforcement costs.

In the event of payment default of more than fourteen (14) days, and after a prior reminder in text form setting a grace period of at least seven (7) days, the Provider is entitled to temporarily suspend access to the platform or restrict chargeable features until all outstanding amounts including default interest and reminder costs have been paid in full. The user’s obligation to pay ongoing fees is not affected by such suspension.

In the event of payment default exceeding thirty (30) days after a reminder has been issued, or in the event of repeated payment default, the Provider is entitled to terminate the contractual relationship for cause with immediate effect. § 9 (Termination of the Contractual Relationship) remains unaffected.

Objections to the amount or accuracy of an invoice must be raised by the user in writing (by email to office@capwork.io) within fourteen (14) days of the invoice date. After expiry of this period, the invoice and the underlying usage shall be deemed accepted; mandatory statutory rights of the user remain unaffected.

Set-off against claims of the Provider is only permitted with undisputed or legally established counterclaims. The user may exercise a right of retention only on the basis of claims arising from the same contractual relationship.

The contractual relationship may be terminated by either party in the ordinary course with thirty (30) days’ notice to the end of a calendar month in text form (an email to the address stored in the account is sufficient). Termination of the account may only be issued by the account holder or an authorised administrative person. Individual employee users are not entitled to demand termination of the account; the assertion of data subject rights under Art. 15 to 22 GDPR with respect to personal data processed within the account is directed exclusively to the account holder as controller within the meaning of Art. 4 No. 7 GDPR. In this respect, the Provider acts as processor pursuant to Art. 28 GDPR and acts only on the instructions of the controller.

The right to extraordinary termination for cause remains unaffected. Cause entitling the Provider to extraordinary termination with immediate effect exists in particular in the case of: (a) material or repeated breach of these terms by the user; (b) qualified payment default pursuant to § 8 of these terms; (c) insolvency, illiquidity, or rejection of an insolvency petition due to insufficient assets of the user; (d) abusive or unlawful use of the platform; (e) repeated or serious breach of the user’s data protection obligations under the DPA.

After the termination takes effect — regardless of the legal basis — the Provider shall provide the user with read-only access to the platform for a period of thirty (30) days in order to export the data stored in the account in a structured, commonly used, and machine-readable format. After expiry of this period, all usage data shall be deleted or anonymised in compliance with statutory retention and deletion obligations. The provisions of the DPA on data return and deletion take precedence.

Payment claims of the Provider already accrued remain unaffected by the termination. Fees already paid shall not be refunded, except in the case of extraordinary termination attributable to the Provider.

The Provider reserves the right to amend these Terms of Service at any time. Users will be notified of material changes in advance. Continued use of the platform after the effective date of changes constitutes acceptance of the amended Terms.

These Terms of Service are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Vienna, Austria.

Capwork e.U.

Inhaber: Nikolas Kain

Am Europlatz 2, 1120 Wien

Email: office@capwork.io