Terms and Conditions
These General Terms and Conditions ("GTC") govern the use of the "Voovena" client portal, operated by Linqbiz GmbH, Ried 1a, 6130 Schwaz, Austria (the "Provider"). A consumer is any customer who concludes the contract for purposes that are predominantly outside their trade, business or profession; every other customer is a business customer.
1. Scope
These GTC apply to all contracts between the Provider and its customers concerning the use of the portal – both business customers and consumers. Mandatory statutory provisions in favour of consumers, in particular those of the state in which the consumer has their habitual residence, remain unaffected.
The offering is directed at customers established or resident in the European Union. Customers from other states may use the offering exclusively as business customers; the offering is not directed at consumers habitually resident outside the European Union. Conflicting or deviating terms of the customer do not become part of the contract.
2. Conclusion of contract
The contract for the free tier is concluded upon registration of the user account. A paid subscription is concluded when the customer confirms the order summary (tier, price, VAT) during checkout and completes the payment process via PayPal; the order button is clearly labelled as an order with an obligation to pay.
After conclusion of the contract, the customer receives a confirmation email containing all essential contract data, the invoice and links to the versions of these GTC and the other contract documents applicable at the time of conclusion. The accepted versions are stored by the Provider. The contract language is German; translations are provided for convenience (see section 15).
3. Description of services
The Provider offers a cloud-based client portal that enables businesses to share projects, images, documents, messages, status updates, appointments and milestones with their customers and contracted trades. The scope of functions of each tier follows from the presentation in the portal at the time the contract is concluded.
The Provider may develop and adapt the scope of functions, provided the agreed core benefit is preserved and the customer suffers no material disadvantage. For consumers, the statutory warranty and update obligations for digital services remain unaffected.
4. Free tier
The free tier ("Free") may be used without any payment obligation and is limited in scope (including the number of projects). The Provider may modify or discontinue the free tier subject to at least three months' notice; in that case the customer is given the opportunity to export their data before any deletion.
5. Prices and payment terms
The prices displayed during checkout apply to paid tiers. For consumers, the displayed prices are final prices including VAT; for business customers, VAT is shown separately or does not apply where the reverse-charge mechanism shifts the tax liability. Billing takes place monthly in advance via PayPal; the customer receives an invoice for every payment.
Price changes are governed by section 14.
6. Term and termination
Paid subscriptions run for an indefinite period and may be terminated by the customer at any time with effect from the end of the current, already paid billing period – in account settings, via the publicly accessible cancellation page ("Cancel contracts here") or directly at PayPal. After termination, access remains available until the end of the paid period; the account is then downgraded to the free tier and the stored data is retained.
The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular where the customer seriously breaches section 8 despite being requested to desist.
7. Consumer right of withdrawal
Consumers have a 14-day right of withdrawal for distance contracts. The details, the model withdrawal form and the conditions under which this right expires upon immediate commencement of the service are set out in the withdrawal notice, which forms part of the contract with consumers.
8. Customer obligations
The customer keeps their access credentials confidential and does not upload unlawful content, in particular content infringing copyright, personality rights or other third-party rights. Where the customer uploads personal data of third parties (e.g. photos of employees or end customers) or invites third parties to a project, the customer ensures that an adequate legal basis under data protection law exists.
The Provider may block or remove content where there are concrete indications of an infringement; the customer will be informed. If the customer is a business customer, the customer indemnifies the Provider against third-party claims based on a culpable breach of these obligations.
9. Public sharing (share links and portfolio)
The customer may make individual content (e.g. before/after views or a reference portfolio) publicly accessible via dedicated links. The decision to publish rests solely with the customer, who is responsible for ensuring that the published content does not infringe third-party rights and that – where persons or third-party property are recognisable – the necessary consents have been obtained. The customer may revoke public sharing at any time.
Reports of infringements are received by the Provider at the contact address stated in the legal notice; reported content will be reviewed and blocked where necessary.
10. Rights to content
The customer retains all rights to the content they upload. The customer grants the Provider the non-exclusive right, to the extent necessary for operating the portal, to store this content, to process it technically (e.g. to generate previews) and to display it to authorised project participants or – in the case of public sharing under section 9 – to visitors. No further use, in particular for the Provider's own advertising, takes place.
11. Availability and maintenance
The Provider strives for high availability of the portal but does not owe uninterrupted accessibility. Maintenance is performed outside usual business hours where possible and announced in advance where reasonable. Statutory warranty rights of customers – for consumers including the rights in the event of a failure to supply digital services – remain unaffected.
12. Liability
The Provider is liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or by gross negligence. Claims under the Product Liability Act remain unaffected.
Liability for other damage caused by slight negligence is excluded; vis-à-vis consumers this applies only to the extent that mandatory statutory provisions do not provide otherwise.
Vis-à-vis business customers, liability for lost profit, indirect damage and consequential damage is excluded, and liability is otherwise limited per occurrence to the total fees paid by the customer in the twelve months preceding the event giving rise to the damage; this does not apply in the cases of the first paragraph.
For content posted by customers or persons invited by them, the Provider is liable only in accordance with the statutory provisions applicable to hosting services.
13. Data protection and processing on behalf
Information on the processing of personal data is provided in the privacy policy. Where a business customer has personal data of third parties (in particular of their end customers) processed via the portal, the Provider acts as a processor; the data processing agreement, which forms part of the contract with business customers, applies in addition.
14. Changes to these GTC and to prices
The Provider may change these GTC and the prices with effect for the future. Changes that are exclusively beneficial to the customer, or that become necessary for legal or technical reasons and do not restrict the scope of services, are announced at least one month in advance and take effect as of the announced date.
All other changes – in particular price increases and changes detrimental to the customer – take effect only if the customer expressly consents (e.g. by confirming in the portal). If the customer does not consent, the contract continues on the existing terms; in that case the Provider may terminate the contract with effect from the end of the current billing period.
15. Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and its conflict-of-law rules. If the customer is a consumer, the mandatory protective provisions of the state of their habitual residence additionally remain applicable.
For disputes with business customers, the court with subject-matter jurisdiction for 6130 Schwaz, Austria, has exclusive jurisdiction; the statutory venues apply to consumers.
These GTC are provided in several languages; the German version is legally authoritative. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.