General Terms and Conditions

§ 1 Scope and contracting party

These Allgemeine Geschäftsbedingungen (AGB, general terms and conditions) govern all contracts for the use of the Zvitly online service. On your side the contracting party is you; on ours it is exclusively the company named below. Full company details, trade licence and supervisory authorities are set out in the Impressum. Impressum.

Zvitly is addressed to both consumers and entrepreneurs. A Verbraucher (consumer) is, under § 1 Abs 1 Z 2 KSchG, a person for whom the contract does not belong to the operation of their business. An Unternehmer (entrepreneur) is, under § 1 Abs 1 Z 1 KSchG, a person for whom the contract is part of operating their business.

The B2C / B2B distinction runs through this entire document. Austrian law grants consumers protection that cannot be contracted away, and that is precisely why the provisions on the right of withdrawal, warranty, limitation of liability and jurisdiction are worded differently for the two groups.

The user's own terms do not become part of the contract even if we do not expressly object to them. This provision matters mainly in dealings between entrepreneurs.

The contract language is German. The contract may also be concluded in English, Ukrainian or Russian (§ 9 Abs 1 Z 4 ECG); however, only the German version of these AGB is legally binding. § 9 ECG

§ 2 Incorporation of the AGB and changes to the terms

These AGB become part of the contract when you accept them at registration by a separate action. The text is permanently available at /agb and can be stored and reproduced — required by § 11 ECG, which is exactly why this page carries a print / save-as-PDF button. § 11 ECG

Provisions of unusual content that are disadvantageous to the other party do not become part of the contract unless specific attention was drawn to them (§ 864a ABGB). We deliberately do not bury material restrictions in long paragraphs: everything that limits your rights sits in its own numbered section with a matching heading. § 864a ABGB

We announce any change to these AGB at least six weeks before it takes effect, by email and inside the product, identifying the passages changed and expressly pointing out your right to object.

If you do not object within six weeks, the change is deemed accepted; we point out that consequence expressly in the notice itself, as § 6 Abs 1 Z 2 KSchG requires. If you do object, the contract continues on the previous terms, and we may terminate it observing the period under § 16. § 6 KSchG

This mechanism does NOT cover the main subject matter of the contract or the price. Those change only by genuine agreement; for the price, § 8 applies separately.

§ 3 Subject matter of the contract

Zvitly is a web application for entrepreneurs in Austria to keep their own books: invoices and other documents, receipts and expenses, bank import, categorisation, calculation of tax figures, preparation of filings and export for an accountant.

What we owe is provision of the software in usable condition for the term of the contract. This is a digitale Leistung (digital service) supplied continuously within the meaning of the VGG. We do not owe any particular economic or tax outcome.

The scope of functions depends on the tariff and follows from the tariff overview on the website and in the product. Further development and changes to functions are governed by § 13. tariff overview on the website.

§ 4 Conclusion of the contract

The display of tariffs and functions on the website is an invitation to place an order, not a binding offer on our part.

1. You fill in the registration form.
2. You accept these AGB and confirm you have read the Datenschutzerklärung, by a separate action.
3. You submit the order using the create-account button — that is your Vertragserklärung (contractual declaration).
4. You confirm your email address via the link in our message.
5. The contract is concluded once we activate your access or confirm the conclusion by email.

Before submitting you can correct your entries in the form or return to the previous step; these are the technical means for identifying and correcting input errors under § 10 Abs 1 ECG. § 10 ECG

We confirm receipt of your electronic declaration without delay by electronic means (§ 10 Abs 2 ECG). That acknowledgement alone is not yet an acceptance.

We store the contract text — the version of these AGB in force at conclusion together with your acceptance (§ 9 Abs 1 Z 2 ECG). The version in force is shown by the “Stand” date at the top of this page; we provide an earlier version on request. § 9 ECG

The contract may be concluded in German, English, Ukrainian or Russian (§ 9 Abs 1 Z 4 ECG).

§ 5 Trial period and Free tariff

From registration you may use the features of the Pro tariff free of charge for 30 days (trial period). AI receipt recognition is available during the trial period for up to 30 recognitions (30 AI credits) for the entire trial period. The trial period is available once per business. No payment data is required for it, and when it ends there is no automatic transition to a paid tariff: you then continue on the Free tariff unless you order a paid tariff yourself. The Free tariff is available without any payment obligation, without payment data and without a time limit. Neither the trial period nor the Free tariff creates an obligation to enter into a paid contract.

There is no entitlement to a particular scope of free functions. We may change or narrow that scope for the future; towards consumers, observing the six-week notice under § 2 and the reasonableness limit of § 6 Abs 2 Z 3 KSchG.

Should we discontinue the free tariff as such, we will announce it at least three months in advance, and within that period you can export your data under § 15.

A free account unused for more than 24 months may be deactivated — after prior notice and a further period of at least 30 days for exporting your data.

Gewährleistung (statutory warranty) under the VGG applies to a digital service supplied free of charge as well. There is no right to Preisminderung (price reduction), because no price was paid (§ 20 Abs 5 VGG); the other rights under § 11 remain.

§ 6 Paid tariffs

The paid tariffs are called Solo, Pro and Business. What each includes follows from the tariff overview on the website and in the product as in force when you place your order. tariff overview on the website.

The billing period is either one month or one year; you choose it when ordering. Term and automatic renewal are governed by § 16.

In the Business tariff, the number of users included in the price follows from the tariff overview. Additional seats are charged at the price list then in force.

An upgrade takes effect immediately; the difference is charged pro rata for the remainder of the billing period. A downgrade takes effect with the next billing period.

§ 7 Prices, payment, due date

The prices shown at the time of your order apply. Towards consumers the Gesamtpreis (total price) including Umsatzsteuer and all charges is shown (§ 4 Abs 1 Z 4 FAGG). Towards entrepreneurs, net prices plus Umsatzsteuer are shown. In both cases it is unambiguously recognisable whether prices are gross or net, as § 5 Abs 2 ECG requires. § 5 Abs 2 ECG

Payment is made in advance for the respective billing period: the first payment on conclusion of the contract, the following ones at the start of each new period.

The available payment methods are shown in the ordering process. We use a payment service provider for processing; we name it in the ordering process and in the Datenschutzerklärung. We do not accept payment by any route other than the one named in the ordering process. Datenschutzerklärung.

We issue the invoice electronically and keep it available for download in your account.

Verzug (payment default)

Consumers only

Towards consumers: on default, statutory interest of 4 % per year accrues (§ 1000 Abs 1 in conjunction with § 1333 Abs 1 ABGB). We may claim collection costs only to the extent they were necessary for appropriate collection and proportionate to the claim, and only itemised separately (§ 6 Abs 1 Z 15 KSchG, § 1333 Abs 2 ABGB).

Entrepreneurs only

Towards entrepreneurs: default interest is 9.2 percentage points above the Basiszinssatz (§ 456 UGB), plus a flat 40 euro compensation for collection costs (§ 458 UGB). Costs beyond that flat amount follow § 1333 Abs 2 ABGB. § 456 UGB

Before restricting access for non-payment we send a reminder with a grace period of at least 14 days and expressly point out the consequence (§ 17).

§ 8 Price changes

The price agreed for the current billing period does not change. A price change takes effect at the earliest with the next billing period.

We announce a price change at least eight weeks in advance in text form. Up to the effective date you may terminate the contract, without any notice period, for exactly that date. If you do not terminate, the new price applies from then.

An increase is permitted only on the following grounds, described in advance and outside our control, and only up to the actual cost increase:

• an increase in our costs for hosting, infrastructure and third-party services that go into providing the service;
• a change in statutory levies, taxes or charges affecting the provision of the service;
• an increase in the Verbraucherpreisindex (consumer price index) published by Statistik Austria.

Consumers only

Where those same costs fall, we pass that on to you by the same mechanism and the same procedure — the contract therefore provides not only for increases but also for reductions. Describing the circumstances, their objective justification, and their independence from our will are the three conditions § 6 Abs 1 Z 5 KSchG imposes on any price-adjustment clause in a consumer contract; without them such a clause is void. § 6 Abs 1 Z 5 KSchG

Entrepreneurs only

The same notice period and the same right to terminate as of the effective date apply to entrepreneurs.

§ 9 Rücktrittsrecht — right of withdrawal for consumers

Consumers only

As a consumer you may withdraw from a distance contract within 14 days without giving reasons (§ 11 Abs 1 FAGG). Entrepreneurs do not have this right.

The period begins on the day the contract is concluded — both for a services contract and for the supply of digital content not on a tangible medium (§ 11 Abs 2 Z 1 and Z 3 FAGG).

To exercise the right you must inform us by an unequivocal statement of your decision to withdraw from this contract — for example a letter sent by post or an email to the address given below. You may use the form in § 10, but you are not obliged to. Sending the statement before the period expires is sufficient to meet the deadline.

Consequences: we refund all payments received from you without delay and at the latest within 14 days of the day your withdrawal reaches us, using the same means of payment you used; you are never charged any fee for that refund.

If you asked for performance to begin during the withdrawal period and then withdraw, you owe a proportionate amount for the part of the service already provided up to the moment of your statement (§ 16 FAGG).

When the right of withdrawal lapses

For paid tariffs your right of withdrawal lapses before the 14 days expire ONLY where ALL THREE of the following conditions are met together (§ 18 Abs 1 Z 11 FAGG):

1. you expressly consented to performance beginning before the withdrawal period expired;
2. you confirmed that you had taken note that this early start causes you to lose your right of withdrawal; and
3. we provided you with a copy or confirmation of the concluded contract on a durable medium under § 7 Abs 3 FAGG (for off-premises contracts: under § 5 Abs 2 FAGG), and that confirmation also contains confirmation of your consent and acknowledgement.

If even one of those three conditions is missing, your right of withdrawal survives to the end of the 14-day period — regardless of whether we have already begun performing.

We obtain consent and acknowledgement as two separate declarations that you set actively in the ordering process. A pre-ticked box does not satisfy this requirement.

In the free tariff there is no payment obligation. In that case the right of withdrawal lapses as soon as we begin performing, i.e. on activation of your access (§ 18 Abs 1 Z 11, first limb, FAGG) — the three additional conditions concern only cases where the consumer is obliged to pay under the contract. There is nothing to refund, because no payment was made.

If we have failed to inform you about the right of withdrawal, the period is extended by twelve months. If we supply that information within those twelve months, the period ends 14 days after you receive it (§ 12 FAGG).

§ 10 Muster-Widerrufsformular — model withdrawal form

Consumers only

Below is the model withdrawal form under Anhang I Teil B FAGG. Using it is not mandatory — any unequivocal statement will do.

The German version of the form is the legally sufficient one. The translations are provided for comprehension; a statement made in any of the four languages is effective, but where the wording diverges the German text prevails.

§ 11 Gewährleistung — statutory warranty

For consumers: VGG

Consumers only

Towards consumers the VGG (Verbrauchergewährleistungsgesetz) applies; since 2022 it governs digital services in its own right rather than under §§ 922 ff ABGB.

Zvitly is supplied continuously. We therefore warrant against EVERY defect that arises or comes to light during the entire period of the supply obligation — not merely for two years (§ 18 Abs 2 VGG). § 18 VGG

Throughout that period WE bear the burden of proof: it is for the trader, not for you, to prove that the digital service conformed to the contract (§ 19 Abs 2 VGG). That does not apply if we prove that your digital environment does not meet the technical requirements of the service and we informed you of those requirements clearly and comprehensibly before conclusion of the contract (§ 19 Abs 3 VGG). § 19 VGG

The technical requirements are: a current version of a common browser with JavaScript enabled, and internet access. In examining whether a fault is caused by your digital environment, you cooperate with us to the extent reasonably necessary and by the means least intrusive for you (§ 19 Abs 4 VGG).

Update obligation (§ 7 VGG): throughout the supply period we provide the updates necessary for the service to keep conforming to the contract. Zvitly runs in the browser and we apply updates server-side ourselves — you need install nothing, and the question of an uninstalled update under § 7 Abs 3 VGG does not arise in this model. § 7 VGG

Remedies: first you may require that conformity be restored — within a reasonable period, free of charge and without significant inconvenience to you (§§ 20 Abs 2, 21 VGG). Preisminderung (price reduction) or Vertragsauflösung (termination) are available on the conditions of § 20 Abs 4 VGG, in particular where we refuse to restore conformity, fail to do so within a reasonable period, or the defect is so serious that an immediate remedy is justified. Termination is excluded for merely minor defects where the service was paid for (§ 20 Abs 6 VGG); doubts as to minorness are resolved against us.

Refunds following a price reduction or termination are made free of charge and without delay, at the latest within 14 days, using the same means of payment (§ 26 VGG). With continuous supply the price is refunded pro rata for the period during which the service was defective; prepayments for the period after termination are refunded in full (§ 24 Abs 2 VGG). § 24 VGG

For entrepreneurs: ABGB and UGB

Entrepreneurs only

Towards entrepreneurs §§ 922 ff ABGB apply. With continuous supply, the warranty period corresponds to the term of the contract.

The Rügeobliegenheit (duty to give notice of defects) under § 377 UGB is specified as follows: defects must be notified to us without undue delay, at the latest within 14 days of discovery, in text form and describing the defect. Otherwise warranty claims lapse.

Towards entrepreneurs we are first entitled to remedy the defect. Price reduction or rescission come into play where the remedy fails twice, is impossible, or is refused by us. Damages are governed by § 14.

§ 12 User obligations

By using Zvitly you undertake:

• to give true and complete details on registration and to keep them up to date;
• to keep your access credentials secret, not to pass them to third parties, and to use two-factor authentication where we offer it;
• to notify us without delay as soon as you suspect unauthorised access to your account;
• to answer for the acts of persons you have invited into your account as for your own;
• not to use the service for unlawful purposes and not to upload content to which you lack the rights;
• not to circumvent security mechanisms, not to run automated bulk queries beyond ordinary use, and not to load the service in a way that impairs operation for others;
• not to reverse-engineer beyond what the law permits (in particular § 40e UrhG) and not to resell access;
• to meet your own record-retention duties yourself — see § 15.

A material breach of these duties gives rise to our rights under § 17. We exercise them proportionately to the breach and only after a warning, except where delay would create immediate danger.

§ 13 Availability and further development

We operate Zvitly with the care customary in the industry and aim for the highest availability we can achieve.

We schedule planned maintenance outside business hours where possible and announce it in the product at least 48 hours in advance where a longer interruption is expected.

Outside our sphere are your internet access, your device and browser, outages of third-party networks, and events of force majeure.

Consumers only

We keep developing the service; functions may be added, changed or removed. Towards consumers we observe the limit of § 6 Abs 2 Z 3 KSchG — a change is permissible only if it is reasonable for you, in particular because it is minor and objectively justified. Removing a substantial function that you use is not minor: in that case you may terminate the contract as of the date the change takes effect, and we refund prepayments for the period after that date pro rata. § 6 Abs 2 Z 3 KSchG

§ 14 Liability

We are liable without limitation for personal injury and for damage we cause intentionally or by gross negligence. Towards consumers this cannot be limited at all (§ 6 Abs 1 Z 9 KSchG); towards entrepreneurs we do not limit it either. § 6 Abs 1 Z 9 KSchG

For consumers

Consumers only

For slight negligence we are liable for property damage up to the typically foreseeable loss. That limitation does NOT apply to personal injury, nor to breach of essential contractual duties whose performance makes proper execution of the contract possible in the first place and on whose observance you may rely.

This document contains no blanket exclusion of liability for slight negligence: in a consumer contract such an exclusion would be grossly disadvantageous and void under § 879 Abs 3 ABGB. § 879 ABGB

For entrepreneurs

Entrepreneurs only

Liability for slight negligence is excluded. Also excluded is liability for consequential loss, lost profit, savings not realised, and pure economic loss.

Aggregate liability per calendar year is capped at the fees you paid in the twelve months preceding the damaging event. Liability for intent and gross negligence is unaffected by that cap.

Data loss: our liability is limited to the cost of restoring the data from a properly maintained backup. Towards consumers that limitation applies only in cases of slight negligence. On your own backups and export, see § 15.

We are not liable for tax reassessments, penalties or interest arising from figures you submitted: Zvitly is not tax advice (§ 3). Liability for defects in the software itself is unaffected.

Liability under the Produkthaftungsgesetz (Product Liability Act) is not restricted by this document.

§ 15 Backups and export of your data

We take backups regularly. That does not relieve you of your own responsibility for preserving your records.

During the term of the contract you can export your data at any time in a common, machine-readable format — in particular CSV and PDF, and accounting packages in the formats named in the tariff overview.

After the contract ends we keep your data available for export for at least a further 30 days. After that period we delete or anonymise it, except where we are ourselves legally obliged to retain it. Deletion procedures and periods are described in the Datenschutzerklärung. Datenschutzerklärung.

Where a consumer terminates the contract because of a defect, we provide, on request, all content they created that is not personal data — free of charge, without hindrance, within a reasonable period and in a commonly used, machine-readable format (§ 24 Abs 6 VGG). We apply the same standard to all users and to any ending of the contract, not only to termination for defect. § 24 Abs 6 VGG

A recommendation we state openly rather than in fine print: export your data BEFORE you terminate. Thirty days is short compared with the seven years for which you must be able to produce the records.

§ 16 Term and termination

The Free tariff runs for an indefinite period. Either side may end it at any time without notice; you do so by deleting the account in the settings.

A paid tariff is concluded for the billing period you chose and renews automatically for the same period unless terminated.

With monthly billing, termination is possible at any time as of the end of the current billing period. With annual billing it is possible as of the end of the current contract year, with at least 14 days' notice before that date.

No particular form is required: a termination in your account or an email suffices. We may not require a stricter form than written form (§ 6 Abs 1 Z 4 KSchG), and we do not. § 6 Abs 1 Z 4 KSchG

The right of either side to terminate for good cause is unaffected — § 17.

When a paid tariff ends, access to the paid functions ends on the last day of the period paid for. The account then continues in the Free tariff until you delete it yourself. On data export, see § 15.

§ 17 Suspension and termination for good cause

We may suspend access temporarily where there is a concrete suspicion of misuse, an immediate security risk, or where the law obliges us to. We notify you of the suspension and its reason without delay, unless notification is legally prohibited.

Suspension for non-payment is permitted only after a reminder with a grace period of at least 14 days and an express warning of that consequence.

Either side may terminate for good cause. Good cause exists in particular where there is a material breach of the duties under § 12 that has not been cured within a reasonable additional period; where the service is used for unlawful purposes; or where circumstances make continuing the contract objectively unreasonable for one side.

A suspension is not a contractual penalty and does not release you from paying for the period already used. If a suspension proves unjustified, we credit you the fee for the suspended days.

The right to export data under § 15 continues during a suspension and after termination — for at least 30 days. The data are yours, and your retention duty under § 132 BAO runs regardless of the state of your account.

§ 18 Auftragsverarbeitung

Where we process personal data on your behalf — above all your clients' data in your invoices and receipts — we act as Auftragsverarbeiter (processor) under Art. 28 DSGVO, and you are the Verantwortlicher (controller).

The Auftragsverarbeitungsvertrag (AVV, data processing agreement), the list of sub-processors and the technical and organisational measures under Art. 32 DSGVO are set out on a separate page and are concluded together with these AGB. They are deliberately not repeated here: two copies of the same legal text drift apart at the first amendment. DSGVO and Auftragsverarbeitung.

Processing of YOUR own data as our customer we carry out as Verantwortlicher; what data, for what purpose and on what legal basis is set out in the Datenschutzerklärung. Datenschutzerklärung.

§ 19 Alternative dispute resolution

Consumers only

We are not obliged to take part in an alternative dispute resolution procedure and do not commit to one generally in advance. That is more honest than claiming a participation we are not bound to.

Internet Ombudsstelle — The competent AS-Stelle for online transactions is the Internet Ombudsstelle, Margaretenstraße 70/2/10, 1050 Vienna, ombudsstelle.at.

If we cannot reach agreement in a specific dispute, we will inform you on paper or another durable medium of the competent AS-Stelle and state whether we will take part in the procedure; § 19 Abs 3 AStG requires this. § 19 AStG

A link to the European Commission's ODR platform is deliberately absent: the platform has been shut down, and Regulation (EU) 2024/3228 repealed the ODR Regulation 524/2013 with effect from 20 July 2025. Details in the Impressum. Impressum.

The ordinary courts are of course always open to you.

§ 20 Governing law and jurisdiction

Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

Consumers only

For consumers: this choice of law does not deprive you of the protection of the mandatory rules of the state in which you have your habitual residence (Art. 6 Abs 2 Rome I Regulation).

Gerichtsstand (jurisdiction) for consumers: if your domicile, habitual residence or place of employment is in Austria, an action against you may be brought only before the court of that district (§ 14 Abs 1 KSchG). § 14 KSchG

For YOUR action against us, no statutory venue is excluded by this contract: an agreement doing so would be ineffective against a consumer (§ 14 Abs 3 KSchG). You therefore choose among the venues the law gives you.

Entrepreneurs only

Towards entrepreneurs, the court with subject-matter jurisdiction for the company's seat in Vienna has exclusive jurisdiction.

§ 21 Final provisions

Should any single provision of these AGB be invalid, the remainder of the contract stays in force. Towards entrepreneurs, the invalid provision is replaced by the valid rule that comes closest to its economic purpose.

In a consumer contract an invalid provision is NOT read down to the maximum permissible content: such validity-preserving reduction is inadmissible in consumer contracts. The statutory rule takes the place of the invalid provision.

Set-off: entrepreneurs may set off only with undisputed claims or claims established by a court. Towards consumers there is no restriction; § 6 Abs 1 Z 8 KSchG applies in full.

We may transfer the contract to a third party only with your consent (§ 6 Abs 2 Z 2 KSchG); a transfer by way of universal succession under company law is excepted.

The version in force is shown by the “Stand” date at the top of this page. We retain earlier versions and provide, on request, the one that applied when your contract was concluded.

The German-language version of these AGB is the legally binding one. The translations serve comprehension and have no independent legal effect.