Terms & Conditions – Time Tracking

for the use of the app "Time Tracking"

This is a non-binding English translation for your convenience. The German version of these Terms & Conditions is legally binding.

Last updated: September 9, 2026

Provider:

§ 1 Scope, Contracting Parties

(1) These Terms & Conditions (hereinafter "Terms") apply to all contracts concluded between the Provider and its customers (hereinafter "user" or "customer") regarding the use of the mobile application "Time Tracking" for iOS and Android (hereinafter "App") and any associated services.

(2) The App is primarily intended for entrepreneurs within the meaning of Sec. 1 of the Austrian Consumer Protection Act (KSchG) (small businesses, freelancers, businesses of any size) who use the App for business time tracking and/or maintaining an electronic mileage log for themselves and their employees ("B2B use"). If a user registers as a "Company" (company account), the provisions of these Terms also apply in relation to the employee accounts created by that company; the registering company is liable to the Provider for actions taken by its employees within the App.

(3) Should the App also be used by consumers within the meaning of the Austrian Consumer Protection Act (KSchG), mandatory consumer-protective provisions of the KSchG take precedence over the following provisions.

(4) Deviating, conflicting or supplementary general terms and conditions of the user do not become part of the contract unless the Provider expressly agrees to their applicability in writing.

§ 2 Subject Matter of the Contract

(1) The App offers functions for digital working-time tracking ("time tracking") and for maintaining an electronic mileage log ("mileage log"), including: recording the start and end of working hours and trips, optional GPS-based location tracking, management of projects, vehicles and employees, reports/analytics, and an administration interface for administrators of a company account.

(2) The specific scope of functions results from the respective product description in the Apple App Store or Google Play Store as well as from the App itself. The Provider reserves the right to further develop the App as part of updates, to change or add functions, or – to the extent reasonable for the user – to restrict them.

(3) Subject to § 9, there is no entitlement to any specific availability, error-free operation, or uninterrupted usability of the App.

§ 3 Registration, User Accounts

(1) Using the App requires registering an account. When registering a company account, the company name, the name of the registering person, a valid email address, and a password must be provided.

(2) The administrator of a company account can create and manage further employee accounts within the App. The administrator is responsible for ensuring that the employees they create are informed about the processing of their data within the App (see § 8), and that a legal basis required for this (e.g. employment agreement, works agreement, consent) exists in the relationship between the company and its employees.

(3) The user is obliged to provide truthful information during registration and to keep their credentials (in particular the password) confidential and protected from access by third parties. The user is liable for all activities carried out using their credentials, to the extent they are responsible for the misuse.

(4) There is no entitlement to registration or conclusion of a contract; the Provider may reject registrations without giving reasons.

§ 4 Usage Rights, User Obligations

(1) For the duration of the contractual relationship, the Provider grants the user a simple, non-transferable and non-sublicensable right to use the App within the scope of its intended functionality.

(2) The user agrees not to misuse the App, in particular not to use it to collect or process third-party data without the necessary legal basis, not to circumvent technical protection measures, and not to use it in a manner that violates applicable law.

(3) It is prohibited to reverse engineer, decompile, or otherwise extract the source code of the App, except to the extent mandatorily permitted by law.

§ 5 Availability, Changes to the App

(1) The Provider endeavors to make the App available as uninterruptedly as possible but cannot guarantee any specific availability. Maintenance work, technical faults, and failures of third-party providers (e.g. Apple, Google, map services, hosting providers) may lead to temporary restrictions.

(2) The Provider reserves the right to change the App's scope of functions as part of updates, provided this is reasonable for the user considering their legitimate interests.

§ 6 Prices, Payment Terms, Subscriptions

(1) The App may offer paid subscriptions (in-app purchases/subscriptions). The current prices are displayed in the Apple App Store or Google Play Store before the purchase is completed.

(2) Pursuant to Sec. 6 (1) no. 27 of the Austrian VAT Act (UStG) (small business regulation), the Provider is not entitled to separately state VAT; the prices shown are therefore final prices without separate tax disclosure. Should the Provider's VAT status change, this will be reflected accordingly in the App or the respective store.

(3) The payment process itself is handled exclusively via the payment systems of Apple (App Store) or Google (Google Play), whose respective terms of use and payment processing also apply. The Provider has no influence on and no insight into the user's complete payment data.

(4) A subscription applies to the device or platform on which it was concluded. When using the App on multiple platforms (iOS and Android) within the same company, a separate subscription may be required.

§ 7 Term, Cancellation of Subscriptions

(1) Paid subscriptions automatically renew for the respective chosen billing period unless cancelled in time before expiry.

(2) Cancellation is only possible via the account settings of the respective store (Apple App Store or Google Play Store), not directly through the Provider.

(3) The right of extraordinary termination for good cause remains unaffected for both parties.

(4) For contracts with consumers, the statutory rights of withdrawal apply, to the extent applicable; digital content whose performance has already begun with the express consent of the consumer before the withdrawal period expires is excluded from any right of withdrawal pursuant to Sec. 18 (1) no. 11 of the Austrian Distance and Off-Premises Contracts Act (FAGG).

§ 8 Data Protection

(1) As part of using the App, the Provider processes personal data of the user and – for company accounts – of their employees. Details on this, in particular on the type, scope, purpose and legal basis of the processing as well as the rights of data subjects, can be found in the separate privacy policy, which forms an integral part of these Terms.

(2) If a company registers a company account and uses it to record location and time data of its employees, the company generally acts as the data controller itself in relation to its employees. The company is obliged to inform its employees about the data processing within the App and to ensure the legal basis required for this. The Provider merely provides the technical infrastructure for this purpose.

(3) To the extent that, in an individual case, processing on behalf of a controller within the meaning of Art. 28 GDPR exists between the Provider and a corporate customer, a separate data processing agreement (DPA) can be concluded on request; the user is asked to contact the Provider directly for this purpose.

§ 9 Warranty and Liability

(1) The Provider is liable without limitation under statutory provisions for intent and gross negligence. For slight negligence, the Provider is only liable for injury to life, body or health, and for breach of material contractual obligations (cardinal obligations); in the latter case, liability is limited in amount to the damage typically foreseeable for this type of contract.

(2) Liability for indirect damages, lost profits, data loss and other pecuniary damages is excluded to the extent permitted by law, unless they are based on intent or gross negligence.

(3) The user is responsible for regularly backing up or exporting the data recorded via the App (in particular time tracking and mileage log data), to the extent they rely on it for tax, employment-law or other purposes. In particular, the Provider gives no guarantee regarding the tax or legal recognition of the electronic mileage log (e.g. completeness and regularity within the meaning of the requirements of Austrian fiscal law); responsibility for proper maintenance lies with the user.

(4) The above limitations of liability also apply for the benefit of the Provider's vicarious agents.

(5) Mandatory provisions of the Austrian Product Liability Act as well as mandatory consumer-protective liability provisions remain unaffected.

§ 10 Intellectual Property

All rights to the App, in particular copyright, trademark and other protective rights, remain with the Provider or its licensors. Any use beyond the contractually agreed use requires the Provider's prior written consent.

§ 11 Changes to These Terms

(1) The Provider reserves the right to amend these Terms with effect for the future, to the extent this is necessary due to changed legal frameworks, technical development of the App, or other objective reasons, and does not unreasonably disadvantage the user.

(2) The user will be informed of material changes in an appropriate form (e.g. in-app notice or email) and asked for renewed consent, unless the change is merely favorable or immaterial. If the user does not object within a reasonable period or does not consent again, the Provider may terminate the contractual relationship with ordinary notice.

§ 12 Applicable Law, Jurisdiction

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules of private international law.

(2) If the user is a consumer, the mandatory provisions on consumer jurisdiction remain unaffected by the choice of law.

(3) For disputes with users who are entrepreneurs, the jurisdiction of the competent court in Vienna is agreed, to the extent legally permissible.

§ 13 Final Provisions

(1) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose intended.

(2) No side agreements exist.