Terms of Service

Client: Goodie Tech OG
Date: 26.05.2025
Update: 26.05.2026

1. Preamble

1.1. Goodie Tech OG, Adamsgasse 18/Top 12, 1030 Vienna, Austria, FN: 649273 p (hereinafter referred to as "OPERATOR") offers the software application GuestGoodie (hereinafter "APPLICATION") to the user free of charge.

1.2. The terms of service apply to the relationship between the OPERATOR and the user. A user is either a guest or a provider of services or goods (hereinafter jointly referred to as "USER").

1.3. For reasons of better readability, gender-specific differentiation is avoided. This is done without any intention of discrimination. All genders are equally addressed.

2. Scope of Application

2.1. These TERMS OF SERVICE define and regulate the use of the APPLICATION as well as the associated business and administrative activities.

2.2. The TERMS OF SERVICE apply through the use of the APPLICATION.

3. Usage Requirements

3.1. The USER is obligated to provide truthful, comprehensive and correct information within the scope of the business relationship and to keep their specific information up to date at all times. If the USER suspects misuse of the APPLICATION by third parties, they must inform the OPERATOR immediately. If the USER fails to do this, they may be blocked by the OPERATOR.

3.3. The USER must refrain from all actions that could endanger or impair the technical functionality of the APPLICATION (including cyber attacks). Such behavior will be prosecuted under criminal law.

3.4. The USER is responsible for setting up the necessary infrastructure to ensure the intended operation of the APPLICATION. The OPERATOR is not obligated to provide further consultation or recommendations in this regard.

3.5. The necessary infrastructure for using the APPLICATION includes a stable internet connection of the device used to access the APPLICATION. The USER may incur costs depending on the telecommunications service provider used. The USER is solely responsible for bearing these costs.

4. Rules of Conduct

4.1. The USER undertakes not to upload any content to the APPLICATION that violates applicable law or good morals due to its content, form or design or in any other way. In particular, the USER undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to violate rights of third parties (e.g. name, trademark, copyright, image and data protection rights) or confidentiality obligations.

4.2. Prohibited Content In particular, but not exclusively, the USER is not permitted to publish or support content that:

4.3. It is also a violation of personal rights and therefore not permitted to breach the anonymity of other USERS or to publish information of other USERS from private messages, emails or messenger areas that are not intended for the public.

4.4. Scraping (web scraping, crawling) of information published in the APPLICATION is prohibited and requires the express consent of the OPERATOR.

4.5. The OPERATOR issues an express reservation of use to the USER within the meaning of § 42h para 6 UrhG. The reproduction or automated evaluation of content through text and data mining by USERS is thus expressly prohibited. Also prohibited is the training of AI systems and/or AI models with a general purpose with content from the APPLICATION.

4.6. The content provided in the APPLICATION is intellectual property of the OPERATOR or a third party. The USER is prohibited from modifying, copying, distributing or otherwise using or exploiting the provided content in a manner not provided for in these terms of service.

5. Exploitation Rights

5.1. The OPERATOR grants the USER the non-exclusive, non-transferable exploitation license limited in time, content and location for the purposes of the contractual relationship to use the APPLICATION.

5.2. The USER is permitted to use the APPLICATION exclusively for the purposes intended by the OPERATOR.

5.3. The right to decompile the APPLICATION is excluded.

5.4. Markings of the APPLICATION, in particular copyright notices, trademarks, serial numbers or similar may not be removed, altered or made unrecognizable.

6. Right to Publish Information

6.1. The OPERATOR is entitled to exploit the information published in the APPLICATION or provided by the USER in any conceivable way, without however violating confidentiality interests, applicable data protection law or intellectual property rights of the USER.

7. Right to Discontinuation and Data Deletion

7.1. Since the USER is not owed a paid version by the OPERATOR, the OPERATOR is in no way obligated to provide the APPLICATION. The OPERATOR reserves the right to discontinue or modify the APPLICATION without prior notice.

7.2. The provision of the source code, user manuals or support is expressly not owed.

8. Change Requests

8.1. The USER has the right to suggest changes to the APPLICATION. The OPERATOR is not obligated to comply with these change requests.

9. Limitation of Liability, Warranty and Availability

9.1. Since the USER is not owed a paid version by the OPERATOR, all warranty and liability claims against the OPERATOR are fully excluded. This does not apply in the case of intentional damage.

9.1.1. The limitation of liability does not apply with regard to personal injuries or damages under product liability law.

9.2. In particular, the OPERATOR is not liable for the accuracy of the information provided or issued in the APPLICATION and does not guarantee its accuracy.

9.3. The OPERATOR strives to provide the APPLICATION. However, availability may be limited at any time due to, among other things, peak loads or for maintenance purposes. Sometimes the APPLICATION may not be available at all temporarily. The OPERATOR is neither obligated to notify the USER of planned restrictions or discontinuations, nor to disclose the respective reasons for them.

10. Changes to the Terms of Service

10.1. The OPERATOR is entitled to change these TERMS OF SERVICE at any time. The OPERATOR will inform the USER about such changes by making the amended TERMS OF SERVICE available for inspection on its website. The USER has the right to object to the changes. If the USER does not object within 21 days after notification of the changes, this shall be deemed as tacit consent to the amended TERMS OF SERVICE. The OPERATOR will inform the USER of these legal consequences.

11. Data Protection and Preservation of Business and Trade Secrets

11.1. The transfer of data and information to a specific business partner is only permitted to the extent necessary for the fulfillment of contractual obligations, legal obligations and for the protection of legitimate interests (cf. Art 6 (1) lit b, c and lit f GDPR). Where applicable, data processing takes place on the basis of consent (Art 6 para 1 lit a GDPR).

11.2. More detailed information on data processing can be found in the Privacy Policy.

11.3. The OPERATOR points out that USER data may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The USER can object to this form of data processing at any time (Art 21 para 2 GDPR).

12. Denial of Access to the APPLICATION

12.1. If the OPERATOR has reasonable grounds to suspect that the USER is using the APPLICATION in an unlawful or inappropriate manner, the OPERATOR is entitled to block access to the APPLICATION immediately and without prior notice. The possibility of further legal action remains unaffected by such blocking.

13. Applicable Law and Jurisdiction

13.1. The contractual relationship is subject to Austrian law and Austrian law is agreed. The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) as well as conflict of law rules is excluded. However, this choice of law may not result in the consumer being deprived of the protection granted to them by the mandatory provisions of their state of residence (cf. Art 6 para 2 Rome I Regulation).

13.2. Jurisdiction

Exclusive jurisdiction is the competent court in Vienna (3rd District), Austria.

13.3. If the USER is a consumer and has their domicile or permanent residence domestically or is employed domestically, the USER may, deviating from the above, only be sued before those courts in whose district their domicile, habitual residence or place of employment is located.

13.4. Place of performance is the headquarters of the OPERATOR.

Status: 26.05.2025
Goodie Tech OG
Adamsgasse 18/Top 12
1030 Vienna, Austria