Terms of Service (AGB)

These General Terms and Conditions (AGB) apply to all services provided by Capwork e.U., FN 677603a (Handelsgericht Wien), 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.

As part of the platform, the provider makes a public customer portal available to the user. This is a web page reachable at its own address (https://www.capwork.io/[company-id]) on which the user’s end customers can book appointments, view the user’s services and prices, submit requests and keep a customer account of their own. The user may additionally embed the customer portal in their own website.

The customer portal is deactivated by default. It becomes publicly accessible only once the user expressly activates it in the platform settings. The user may deactivate the customer portal again at any time, without giving reasons and with immediate effect; it is then no longer publicly accessible. Bookings already concluded and orders already placed remain unaffected.

By activating it, the user publishes the company data held in their account. What is published is the company name and — unless the user switches the respective display off — the description and industry, address, telephone number and website, opening hours, services and prices, and the request form. The page is accessible to anyone without restriction and may be crawled and indexed by search engines. Which of these details are published is determined by the user at any time through the customer portal settings. Irrespective of these settings, when booking and when accepting an offer, customers are shown the details of the user’s identity that are required to fulfil the information duties towards consumers (name or business name, address, contact details and, where available, VAT identification number). The customer portal’s legal notice page (imprint) additionally shows the further details the user provides for their legal notice (e.g. commercial register number and register court, supervisory authority, chamber and professional rules, business purpose), as well as a link to their privacy policy.

The user is responsible for the accuracy, currency and lawfulness of the content they publish. In particular, the user must meet the information duties incumbent upon them, namely the disclosure duties under § 5 ECG and § 25 MedienG, the pre-contractual information duties towards consumers (in particular under the FAGG), the duty to indicate prices, and their information duties towards visitors to the customer portal under Art. 13 GDPR. Where the user is a natural person, they acknowledge that the published contact details may constitute personal data; they are published solely at the user’s instigation. For this purpose, the provider makes available in the customer portal a legal notice page that is generated from the details provided by the user, and links to the privacy policy specified by the user; the user alone is responsible for the accuracy and completeness of these details. The customer portal and booking widget embedded in a website of the user contain no legal notice of the user; there, the user must provide the required information on their own website.

The provider operates the customer portal technically and supplies the platform-related information (imprint, privacy policy, cookie notice), linking it from the customer portal. With regard to the personal data that visitors enter in the customer portal — in particular booking and request data — the user remains the controller within the meaning of Art. 4(7) GDPR; the provider processes such data as a processor in accordance with the DPA (§ 7 of these terms). The provider is entitled to restrict access to a customer portal temporarily or permanently in accordance with § 4a. There is no entitlement to uninterrupted public availability of the customer portal; § 3 of these terms applies mutatis mutandis.

In the customer portal, the provider makes available functions that support the user in fulfilling their information duties towards consumers, in particular the display of the total price immediately before booking, a button indicating the obligation to pay, information on the right of withdrawal together with the model instructions on withdrawal and the model withdrawal form, and the sending of these with the booking confirmation. Unless the user specifies otherwise in the customer portal settings, customers are shown the statutory right of withdrawal under the FAGG and the corresponding model instructions on withdrawal. The user decides on their own responsibility whether and to what extent their customers are entitled to a right of withdrawal or a statutory exception applies, and is responsible for the accuracy and completeness of the information they select or provide. The model texts and functions provided do not constitute legal advice; paragraph 4 remains unaffected.

The provider stores the content published by the user in the customer portal (§ 4(3)) on the user’s behalf and makes it publicly accessible; to that extent, it is a provider of a hosting service within the meaning of Regulation (EU) 2022/2065 on a Single Market for Digital Services (“DSA”). This § 4a contains the information required by Art. 14 DSA on the moderation of such content.

The single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services (Art. 11 DSA) and for users and all other recipients of the service (Art. 12 DSA) is the email address office@capwork.io. Communication is possible in German and English.

Any individual or entity may report content of a customer portal that they consider to be illegal using the notice form at https://www.capwork.io/report (Art. 16 DSA); the form can be reached via a link in every customer portal and in every embedded customer portal or booking widget. If the notifying person provides an email address, they receive a confirmation of receipt and a notification of the decision, including the possibilities for having it reviewed. The identity of the notifying person is not disclosed to the user concerned.

The provider processes notices in a timely, diligent, non-arbitrary and objective manner. Review and decision are carried out exclusively by humans; no automated means are used for detection, review or decision-making. Where this is justifiable in view of the nature and severity of the infringement, the provider gives the user, before taking a decision, the opportunity to comment or to remove or correct the objected content themselves. Irrespective of notices, the provider may act on its own initiative if it becomes aware of indications of illegal content or of infringements of § 5 of these terms. Where the provider becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, it promptly informs the competent law enforcement or judicial authorities (Art. 18 DSA).

If the provider establishes that content of a customer portal is illegal or infringes § 5 of these terms, it may restrict access to the entire public customer portal — until a specified date or until further notice. The restriction covers the portal page, the customer portal and booking widget embedded in a website, the request form and the sign-in to the customer account, and applies to all visitors worldwide. It does not affect the user’s access to the platform, bookings and orders already concluded, or the links with which customers manage a booked appointment or track an order. While the restriction is in place, the user cannot reactivate the customer portal themselves; if the user removes or corrects the objected content, the provider reviews the lifting of the restriction without undue delay.

The provider informs the user of a restriction in text form, at the latest when it takes effect, with a statement of reasons pursuant to Art. 17 DSA, which is also displayed in the customer portal settings. The statement of reasons contains in particular the type, extent, territorial scope and duration of the measure, the facts and circumstances relied on, whether the decision was based on a notice, an indication that no automated means were used, the legal or contractual ground, and the possibilities for redress. The lifting of a restriction is likewise communicated to the user in text form.

The user and the notifying person may have any decision under this § 4a reviewed by sending a message to office@capwork.io; the provider has the objections re-examined by a human and communicates the result in text form. Recourse to the ordinary courts also remains open. As a micro enterprise, the provider is not subject to the obligations of Section 3 of the DSA (Art. 19 DSA), in particular not to those concerning an internal complaint-handling system and out-of-court dispute settlement (Arts. 20 and 21 DSA), and does not publish transparency reports under Art. 15 DSA (Art. 15(2) DSA).

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 and — to the extent legally permissible — for ordinary gross negligence is excluded; this does not apply to personal injury. Liability for intent and blatant gross negligence remains unaffected. This exclusion also applies to the liability of the Provider's vicarious agents and employees. The injured party bears 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 blatant 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 blatant gross negligence on the part of the Provider, to personal injury, or to liability under the Austrian Product Liability Act (PHG). Claims of data subjects under Art. 82 GDPR remain unaffected; the foregoing limitations of liability apply to the user's claims for compensation and recourse arising from GDPR violations, to the extent legally permissible.

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. § 11 (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.

Invoices are issued and transmitted exclusively in electronic form. Transmission takes place as an electronic document (PDF) to the email address stored in the account and/or by being made available for retrieval in the user account. The user expressly consents to electronic invoicing pursuant to § 11 para. 2 UStG; there is no entitlement to the issuance or dispatch of an invoice in paper form. The user is responsible for maintaining a valid email address and for ensuring the receipt of electronic invoices (for example, by configuring their spam filter accordingly). The same applies to all other contract-relevant notices and declarations of the provider, which — unless expressly stipulated otherwise in these Terms — are made in text form (in particular by email or by being made available in the user account).

As a paid add-on, the user may order a dedicated phone number for sending and receiving SMS. The Provider purchases and holds this number in its own name with the messaging provider Bird B.V. (Amsterdam, Netherlands). For the duration of the paid term, the user receives a non-exclusive, non-transferable right to use the number within the Capwork platform for the purposes the platform supports — sending and receiving messages to and from the user's customers. The number is not transferred to the user; no claim to assignment, porting or any other transfer of the number arises.

The term is twelve (12) months and must be paid in advance for the entire term. By way of derogation from § 9, the fee is not billed monthly in arrears but on a separate invoice issued through Stripe outside the usage-based billing. The Provider orders the number only after payment has been received in full. The fee is not refunded, not even pro rata, if the user stops using the number before the end of the term or the contractual relationship ends early; if the number cannot be provided after payment, the fee is refunded in full. § 11 remains unaffected: where the contractual relationship ends by an extraordinary termination attributable to the Provider, the fee already paid is refunded in accordance with § 11.

The fee is shown to the user before purchase. It is calculated from Bird's published monthly list price for the selected country and number type for twelve months, plus a small surcharge covering the cost of payment processing; value-added tax is shown separately on the invoice. The usage-based fees under § 9 for messages sent via this number remain unaffected.

The term renews automatically for a further twelve (12) months in each case unless the user has deactivated automatic renewal in the account beforehand. The renewal is invoiced up to thirty (30) days before the end of the current term and collected via the stored payment method. The user may deactivate automatic renewal at any time with effect from the end of the current term.

The Provider returns the number to Bird when automatic renewal has been deactivated and the paid term has expired, when the renewal fee remains unpaid after a grace period of seven (7) days from the end of the paid term, and upon termination of the contractual relationship under § 11 or closure of the account. Upon return, the right of use ends: messages sent to this number no longer reach the user, and there is no claim to regain the same number. The availability and retention of a number depend on Bird and the network operators involved; the Provider does not owe any specific outcome in this respect.

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 § 9 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 user has read-only access to the platform for a period of thirty (30) days in order to export the data stored in the account via the built-in export function in a structured, commonly used, machine-readable format (JSON). After this period, the account data is deleted; for technical reasons (in particular backup copies), final deletion may take up to ninety (90) days after the period ends. Statutory retention obligations remain unaffected; 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

FN 677603a, Handelsgericht Wien

Email: office@capwork.io