Terms of service (AGB) — Version for Austria

§ 1 Scope

(1) These terms apply to all contracts on the use of the NymTime service — schedule, time tracking, location check at clocking, absences, hours reporting and export, Back Office and employee app — and on the delivery of the associated NFC tags between LazyHead e.U. and the customer.

(2) NymTime is offered exclusively to businesses within the meaning of § 1 of the Austrian Commercial Code (UGB), i.e. persons concluding the contract in the course of operating their business. Contracts with consumers within the meaning of § 1(1)(2) of the Austrian Consumer Protection Act (KSchG) are not concluded; the Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG) do not apply. By purchasing, the customer confirms that it acts as a business. Legal persons under public law and public contracting authorities cannot purchase NymTime via the purchase form; separate agreements apply to them. Until our VAT identification number (UID number) has been assigned, we accept orders only from businesses established in Austria; the provisions for customers in other Member States (in particular § 7(5), § 11(8) and Part B of the version for the respective state) apply once we open sales there. The purchase form shows the countries currently open.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract even if we do not expressly object to them. Individual written agreements take precedence over these terms.

(4) The contract language and the prevailing language version of these terms are determined by Part B. Unless Part B provides otherwise, the contract language is German; translations are for information, and in case of doubt the German version prevails.

(5) We expressly draw attention to provisions that may be disadvantageous and unusual for the customer within the meaning of § 864a of the Austrian Civil Code (ABGB), so that they become part of the contract: § 3(2) (14-day period for notice of defects), § 4(5) and (7) (automatic renewal by one month and by twelve months respectively), § 5 (termination by NymTime), § 6(2) to (4) (no refund after dispatch and for commenced periods), § 8(4) and § 13 (blocking of access), § 9 (price changes), § 10(2) and (3) (exceptions from availability, maintenance), § 15 (limitation of liability and forfeiture period), § 17 (amendment of these terms), § 18(3) (transfer) and § 18(4) and (5) (Austrian law, place of jurisdiction Vienna), as well as the provisions that Part B designates as requiring separate acceptance. The customer additionally accepts these provisions separately in the purchase form — or at the first login to the Back Office (§ 4(1)); the separate acceptance is recorded in the same way as the acceptance of these terms (§ 18(7)). These terms are otherwise subject to review of content under § 879(3) ABGB.

§ 2 Subject of the service

(1) NymTime is software we provide as a service over the internet (software as a service). The scope comprises: a weekly schedule by roles; recording of working time by clocking in with the employee's own smartphone at an NFC tag, alternatively by a geo-verified location clock-in ("I am here" / "I am leaving") in the employee app, which is accepted only inside the location area; for the location clock-in only the result "inside", "outside" or "location unavailable" at the time of the clock-in, without storing coordinates and without location tracking in the background; absences (holiday, sick leave, time off in lieu, care leave and further types) with request and approval; recording of rest breaks according to the break rule the customer selects per location (§ 11(7)); availability entries by employees, shift swaps between employees, a notice board for company announcements and a working-time account (target versus actual); hours reporting planned versus actual; export to Excel for payroll; optionally documents (including access for the employee concerned), payroll documents, revenue figures per location for key figures and labour cost. The service is used via the Back Office (web) for management and managers and via the employee app (iOS, Android, web).

(2) One NFC tag with location sign per booked location is included in the price: a self-adhesive NFC tag with NFC chip (NXP NTAG 424 DNA, 28 × 28 mm, also for metal surfaces) and a self-adhesive NymTime sign without electronics (100 × 100 mm), under whose marked circle the customer places the NFC tag; delivery is governed by § 3. We programme every NFC tag and assign it to the customer's location before shipping; the customer attaches the NFC tag and the location sign at the location and switches NFC on for the location in the Back Office. The reading range depends on the surface and the smartphone. Until it arrives, the team can clock in by location without NFC ((1)), provided the location clock-in is offered in the location's country and the steps under § 11(2) have been completed; otherwise the customer records working time until then by other means, for example by entering the times in the Back Office. The QR code printed on the location sign only opens the download page of the employee app and is not a clock-in method. Further NFC tags can be ordered in the purchase form and at any later time from the Back Office at the prices in § 7(2).

(3) We develop NymTime continuously. We may change, add or replace features with equivalent ones provided the core contractual purpose — schedule, time tracking under the law of the state of the location and hours reporting — is preserved. We inform the customer of material changes at least four weeks in advance by e-mail. If a material change is disadvantageous for the customer, in particular because a feature it uses is dropped without equivalent replacement, it may terminate the contract until the change takes effect, with effect from that date; fees paid in advance for the time thereafter are refunded pro rata.

(4) NymTime does not provide legal, tax or payroll advice. The templates the customer files (works agreement, consent form, privacy information) and the reports are tools; reviewing them and applying them to the customer's own business is the customer's responsibility.

(5) The employee app is provided to the customer's employees free of charge. It requires a smartphone with a current version of iOS or Android; for NFC clock-in an NFC-capable device, alternatively location permission for the location clock-in (geo check).

§ 3 Delivery of the NFC tags

(1) We ship the NFC tags with location signs included in the price and any additionally ordered ones by letter or courier to the customer's business address given in the purchase form or to a separate delivery address specified by the customer. Delivery time within Austria is usually 2 to 4 working days from receipt of payment or from the order in the Back Office. We deliver to other member states once we have opened shipping there; the purchase form then states the delivery time. Delivery times are non-binding; until the NFC tags arrive, § 2(2) sentence 4 applies.

(2) The risk of accidental loss and accidental deterioration passes on handover of the shipment to the customer or to a person designated by the customer to receive it. The customer inspects the delivery without delay after receipt and gives notice of defects or transport damage without undue delay, at the latest within 14 days, by e-mail to support@nymtime.com (duty to examine and give notice in commercial transactions between businesses, § 377 UGB).

(3) In addition to the statutory warranty under §§ 922 et seq. ABGB we grant a guarantee: for NFC tags that fail within 12 months of delivery without external influence (in particular an unreadable chip), we deliver a replacement free of charge; the customer describes the fault by e-mail, and a return is only required at our request. Lost, removed or damaged NFC tags and NFC tags failing after the 12 months are re-ordered by the customer at the price in § 7(2). We assign each NFC tag to a location of the customer before shipping (§ 2(2)); the customer blocks a lost NFC tag in the Back Office, from that moment it is invalid for clock-ins.

(4) Ownership of the NFC tags and location signs passes to the customer on delivery. The manufacturer of the NFC tags is NFC21 GmbH, Mülheim an der Ruhr, Germany. The NFC tags are electrical equipment for professional use and must not be disposed of with residual waste. By way of derogation from the producer's take-back and financing obligation, the parties agree under Art. 13(2) of Directive 2012/19/EU and the national implementing provisions that the customer hands over end-of-life NFC tags at its own cost to a collection point for waste electrical equipment; on request we take them back free of charge if the customer sends them to us.

§ 4 Conclusion of contract, start of term and term

(1) The contract is concluded when the customer completes the purchase form at nymtime.com/kaufen, accepts these terms and the data processing agreement and completes payment at Stripe Checkout. To the e-mail address of the contact person given in the purchase form we send the one-time link with which they set the Back Office password (§ 11(4)). The fee for the first contract period — the first contract month, with annual payment the first annual period ((7)) — is charged on completion of the purchase. We confirm the contract by e-mail, send the invitation to the Back Office at the same time and dispatch the NFC tag. The presentation of the service on the website is not a binding offer but an invitation to order. The Back Office is available to the customer from the confirmation, location clock-in without NFC as provided in § 2(2) sentence 4. If we set up a customer account ourselves at the customer's request, the management accepts these terms and the data processing agreement at the first login to the Back Office; until then the Back Office cannot be used. The purchase form leads to the contract in the following steps: details of the company and its locations, overview with prices, acceptance of these terms and of the data processing agreement, payment at Stripe Checkout. The customer can correct input errors in any field until payment. We store the contract text with version and checksum (§ 18(7)); the customer receives the accepted versions of these terms and of the data processing agreement as PDF with the confirmation. The contract language is determined by § 1(4).

(2) The term of the contract, and with it the first contract month, begins on the day of payment at Stripe Checkout (para. 1). Until the NFC tag has arrived and the customer has switched NFC on for the location, § 2(2) sentence 4 applies; dispatch, receipt and switching on of the NFC tag do not move the start of the term. We show the start date in the Back Office under Settings → Subscription. Steps and waiting periods that the law of the location's country requires before the NFC tags or the location clock-in are used (§ 11(2) and (8)) do not move the start of the term; we point them out in the purchase form.

(3) Delivery of NFC tags for further locations, re-orders and replacement deliveries do not change the running term. A further location is booked by the management in the Back Office; it is charged immediately on booking, pro rata for the time until the end of the current contract period (contract month or annual period under (7)), and thereafter follows the rhythm of the contract. If the charge fails, the location is not created. The cancellation of a location (§ 5(1)) is reflected from the next contract period.

(4) The contract month is the period from the day the term begins until the day before the same calendar day of the following month (example: start on 14 October, first contract month until 13 November). An annual period ((7)) accordingly runs from the day it begins until the day before the same calendar day of the following year.

(5) The contract is a monthly contract: it renews automatically for a further contract month each time unless it is terminated to the end of the current contract month. Termination is possible at any time in the Back Office or by e-mail and takes effect at the end of the current contract month (§ 5(1)). The fee for each new contract month is collected on its first day via the payment method stored with Stripe (§ 8(1)). If collection fails, § 8(3) and (4) and § 13 apply: notice by e-mail, grace period of 7 days, announcement of the block at least 3 working days in advance, then blocking of the Back Office; the data remains exportable for 30 days, after which § 14 applies. Price changes are only possible with two months' notice and a special right of termination (§ 9).

(6) Since the contract is concluded exclusively with businesses, the duty to give notice of tacit renewal under § 6(1)(2) KSchG does not apply. We send no separate reminder before a renewal by one contract month. With annual payment we send, as a courtesy and without legal obligation, a reminder by e-mail to the contact person's address 30 days before the renewal by a further twelve contract months ((7)); failure to send this reminder does not affect the renewal.

(7) Annual payment (option): the customer may choose annual payment at purchase or later in the Back Office under Settings → Subscription. The following applies: (a) If the customer chooses annual payment at purchase, the first annual period of twelve contract months begins on the day of payment; the fee for this annual period (§ 7(6)) is paid in advance with the purchase, as shown in the purchase form. If the customer later switches from monthly to annual payment in the Back Office, the annual period begins with the next contract month after the switch. (b) The fee for the twelve contract months of an annual period is collected in advance in a single payment on its first day; on that we grant a discount of 10 % on the location fee under § 7(1) (additional employee seats under § 7(3), NFC tags and other one-off services are excluded). (c) The annual period renews automatically by a further twelve contract months unless it is terminated before it ends; termination in the Back Office or by e-mail takes effect at the end of the current annual period (§ 5(1)). We send a reminder by e-mail 30 days before each renewal. (d) Locations added during the annual period are charged immediately ((3)) and additional employee seats under § 7(6) pro rata until the end of the current annual period, and then run with it. (e) On termination or cancellation of individual locations before the annual period ends there is no claim to a pro-rata refund of the fee paid in advance (§ 6(4)); the contract ends when the paid annual period expires. (f) Switching back to monthly payment is possible with effect from the end of the current annual period. We expressly draw attention to the automatic renewal by twelve months and to the exclusion of the pro-rata refund pursuant to § 864a ABGB (§ 1(5)). § 9 (price changes) and § 13 (suspension) remain unaffected.

§ 5 Termination

(1) The customer may terminate the contract at any time to the end of the current contract period — with monthly payment to the end of the current contract month, with annual payment to the end of the current annual period (§ 4(7)); there is no notice period for the customer. We may terminate the contract in writing (§ 18(2)) with three months' notice to the end of a contract period; if the contract has lasted longer than three years at the time of termination, the notice period is six months. § 5(2) remains unaffected. The customer terminates in the Back Office under Settings → Subscription or by e-mail to office@nymtime.com; we confirm the termination by e-mail. A termination declared in the Back Office can be withdrawn there by the customer until the end of the contract period; the contract then continues unchanged. We terminate by e-mail to the contact person's address. The customer cancels individual locations by e-mail to office@nymtime.com to the end of the current contract period.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if the customer uses the service unlawfully, repeatedly breaches § 11 or § 12, or is in arrears with two monthly fees despite a reminder and grace period. Good cause exists for the customer in particular if the availability under § 10 is not met in two consecutive contract months.

(3) The right of use ends with the end of the contract; return and deletion of data are governed by § 14.

§ 6 Refunds, cancellation and withdrawal

(1) There is no statutory right of withdrawal or rescission, since the contract is concluded exclusively between businesses and the KSchG and FAGG do not apply (§ 1(2)); deviating provisions in Part B remain unaffected.

(2) Cancellation before dispatch: until the NFC tag is dispatched, the customer may cancel the purchase by e-mail to office@nymtime.com. In that case we refund the fee for the first contract period (contract month or annual period) paid at purchase and the fee for ordered NFC tags in full to the original payment method; the contract is deemed not to have been concluded.

(3) After dispatch: from the dispatch of the NFC tag the fee for the first contract period is no longer refunded. Fees for ordered NFC tags not yet dispatched are refunded.

(4) Refunds or credits for contract months not fully used, for locations cancelled before the end of the contract month, for unused features or for employees who do not use the app are not granted. On ordinary termination the contract ends with the end of the paid contract month. With annual payment (§ 4(7)) this applies to the entire annual period paid in advance: termination before it ends does not lead to a pro-rata refund, and the contract ends when the paid annual period expires.

(5) Availability exception: if the service is unavailable in a contract month for more than 8 hours continuously or for more than 16 hours within 3 consecutive days (§ 10(1) and (2)), the customer receives a pro rata credit without having to request it: for each commenced day of outage one thirtieth of the monthly fee of the affected locations, credited against the next invoice. Further claims are governed by § 15.

(6) NFC tags: failures within 12 months are replaced free of charge (§ 3(3)). Additionally ordered NFC tags may be returned by the customer within 14 days of receipt, unused and in unopened packaging, at the customer's expense; we refund the purchase price of 24 € net plus the VAT actually charged, per NFC tag, after receipt and inspection. The NFC tag included in the location price is excluded from return.

§ 7 Prices

(1) The price is 49 € net plus VAT per location and contract month. This includes 15 active employees per location. Each further active employee costs 2 € net plus VAT per contract month. Each further location likewise costs 49 € net plus VAT per contract month. The number of managers, NFC tags and users of the employee app is not limited.

(2) NFC tags: one NFC tag per location is included in the monthly price, shipping to the delivery address included. Each further NFC tag costs a one-time 24 € net plus VAT per piece including shipping within Austria and the rest of the European Union; it is charged immediately when ordered — in the purchase form with the purchase, in the Back Office with the order.

(3) 15 active employees per location are included; each employee is counted at the main location stored in the Back Office. An employee counts as active if they have the status "active" (i.e. neither archived nor blocked). The 16th and each further active employee of a location costs 2 € net plus VAT per contract month.

(4) Once the employee seats included in the location price are taken, the customer has two options: it archives a departed employee — whose data remains in reports and records — or it confirms an additional employee seat in the Back Office at 2 € net plus VAT per contract month. The confirmation is made before the employee is created or activated. A confirmed seat is charged immediately with a separate invoice, pro rata from the day of confirmation until the end of the current contract month, and per contract month thereafter. When employees are archived, the number of seats reduces automatically from the next contract month; there is no refund for the current contract month. Archived employees remain in reports and records but can no longer clock in; their data is retained according to the retention periods.

(5) All prices are in euro and are net prices without VAT. The VAT is shown separately on the invoice. If the customer is established in Austria, 20 % Austrian VAT is added (§ 10(1) UStG 1994); 49 € net become 58.80 €, 2 € net become 2.40 € and 24 € net become 28.80 €. If the customer is a business in another EU member state with a valid VAT identification number (UID), the place of supply is the customer's state (§ 3a(6) UStG 1994, Art. 44 VAT Directive) and the tax liability shifts to the customer (reverse charge, Art. 196 VAT Directive); in that case we charge the net amounts without VAT and the invoice carries the UID numbers of both parties together with the note "reverse charge — the recipient of the service is liable for the tax". The customer provides us with its UID number before the first invoice and reports any change; we verify it in the confirmation service of the European Commission (VIES) and repeat that check at regular intervals. Customers in another EU member state without a valid UID number are treated for VAT purposes as non-taxable persons (Art. 18(2) of Implementing Regulation (EU) No 282/2011): we charge the VAT of the state in which the service is deemed to be supplied — until the threshold of Art. 59c of Directive 2006/112/EC is exceeded the Austrian VAT of 20 %, thereafter the VAT of the customer's member state, which we pay via the One-Stop Shop; the purchase form and the invoice show the applicable rate. Additionally ordered NFC tags are delivered to customers in another member state with a valid UID number as an exempt intra-Community supply (Art. 138 of Directive 2006/112/EC, Art. 6(1) and Art. 7 of the Single Market Rules annexed to UStG 1994); the invoice then contains the note "Exempt intra-Community supply", and the customer confirms receipt to us on request. Should a later check show the UID number to be invalid, we remove it and charge VAT as for customers without a valid UID number from the next invoice; invoices already issued are not corrected automatically.

(6) Annual payment: if the customer chooses annual payment under § 4(7), the location fee under (1) is reduced by 10 %; a location then costs 44.10 € net per contract month, that is 529.20 € net for twelve contract months. That sum is charged in advance. With annual payment, additional employee seats under (3) are billed in the same rhythm: 24 € net per seat and annual period (twelve times 2 €, without discount); a seat confirmed during the annual period is charged pro rata until its end, and a seat that becomes free lapses from the next annual period. The prices for NFC tags under (2) remain unchanged.

§ 8 Remuneration, billing and payment

(1) Payment is made via the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin) by credit card or SEPA direct debit. The customer registers a valid payment method at Stripe Checkout and keeps it valid for the duration of the contract; it can be changed at any time in the Back Office under Settings → Subscription → “Payment method and invoices” (Stripe's customer portal). The fee for the first contract period is charged on completion of the purchase (§ 4(1)); with monthly payment the fee for each new contract month is collected in advance on its first day. Additional employee seats are charged pro rata immediately on confirmation (§ 7(4)). With annual payment (§ 4(7)) the reduced fee for twelve contract months (§ 7(6)) is collected in full in advance on the first day of the annual period; employee seats confirmed during the year are charged pro rata until the end of the annual period. Locations added (§ 4(3)) and NFC tags re-ordered in the Back Office (§ 7(2)) are charged immediately on booking or order.

(2) The customer receives every invoice electronically by e-mail to the contact person's address and in the Back Office under Settings → Subscription. The customer agrees to electronic invoicing under § 11(2) UStG. We issue invoices as PDF; structured electronic invoices (for example under EN 16931) are not owed. The customer raises objections to an invoice in writing within 30 days of receipt; the customer's statutory claims in the event of an incorrect invoice remain unaffected.

(3) If a collection fails, we remind the customer by e-mail and set a grace period of 7 days within which we retry the collection; during this time the customer may store a different payment method. We announce the block under (4) by e-mail at least 3 working days in advance (§ 13(2)). Default interest is 9.2 percentage points above the base rate (§ 456 UGB) where the customer is responsible for the default, otherwise 4 % per year (§ 1000 ABGB). In addition we charge the flat amount of 40 € for the collection of the claim under § 458 UGB; necessary and appropriate collection costs going beyond that (reminder costs, costs of returned direct debits, debt collection and legal fees) are charged under § 1333(2) ABGB in the reasonable amount actually incurred.

(4) If payment is still outstanding after the grace period, we may block the Back Office (§ 13), but not before the notice period under (3) has expired. During the block the employee app shows only the respective employee's own data (viewing and export); new clock-ins are not possible. The data remains exportable for the customer for 30 days; if payment still fails, we terminate for good cause (§ 5(2)) and § 14 applies. The block is lifted within one working day after full payment; the fee continues to accrue during the block.

(5) Our claims for payment are subject to a limitation period of three years from the due date under § 1486(1) ABGB.

§ 9 Price changes

(1) In the first contract year from the start of the term, the prices agreed at purchase remain unchanged.

(2) Thereafter we may adjust prices if our costs for data centre, payment processing, staff or licences change or the scope of the service is extended; the adjustment corresponds at most to the change in these costs, and we take cost reductions into account in the same way. We announce price changes at least two months before they take effect by e-mail and in the Back Office.

(3) In that case the customer has a special right of termination effective on the date the change takes effect, which it may exercise by e-mail until that date. If the customer does not terminate, the new price applies from the announced date; we expressly point out this consequence in the announcement. Price reductions apply without announcement.

§ 10 Availability, maintenance and support

(1) We provide NymTime with an availability of 99.5 % on a monthly average at the handover point of our data centre. Availability is measured per contract month as the ratio of the time during which the Back Office and the employee app interface are reachable to the total time.

(2) Announced maintenance windows, disruptions of the internet connection of the customer or its employees, failures of end devices, disruptions at Stripe or other third-party services, attacks by third parties despite reasonable protective measures, and events of force majeure (in particular natural disasters, war, official orders, large-scale failures of power or telecommunications supply) do not count as downtime.

(3) We carry out planned maintenance at night between 22:00 and 06:00 (Vienna time) and announce it at least 48 hours in advance in the Back Office. We may apply security updates without prior notice.

(4) Clock-ins are cached in the employee app if the service is temporarily unreachable and transmitted with the original timestamp once the connection is restored.

(5) We provide support by e-mail to support@nymtime.com on working days (Monday to Friday, 9:00 to 17:00 Vienna time, excluding public holidays in Vienna); the response time is one working day. Telephone and on-site support are not owed. Support access to the customer account takes place only after explicit enablement by the customer in the Back Office (Settings → Subscription → Support access) and is logged.

(6) We back up the service data daily in a data centre in the EU. Restoring individual data deleted by the customer is not part of the service; the customer uses the export features for this.

§ 11 Duties of the customer

(1) The customer is the employer and the controller under data protection law for its employees' data. Before first use it informs its employees about the processing in accordance with Art. 13 GDPR; the privacy information we provide is displayed in the employee app on first launch and must be adapted by the customer to its business. The information is given in a language the employees understand and — where the law of the location's state requires it — in its official language; the customer checks whether the language version shown in the app is sufficient for this.

(2) The location check at clocking is a control measure; it is switched off by default. The Back Office shows which steps the law of the location's country requires. The customer completes these steps, records them in the Back Office and makes the legal assessment for its business with its legal adviser (Part B names the legal bases of the respective state); only then does NymTime activate the location check for that location and employee. In some countries the location check is not offered for fixed workplaces. NymTime stores no coordinates, only the result "inside", "outside" or "location unavailable" at the time of the clock-in; there is no location tracking in the background. We provide templates; review and conclusion are the customer's responsibility.

(3) The customer is responsible for the accuracy and completeness of the working time records under the law of the state of the location (Part B), in particular for promptly reviewing and correcting missing or incorrect clock-ins, for approving absences and for observing retention periods. Working time records are generated per location according to the country profile of the state in which the location lies. NymTime provides the tools; the obligations under labour, social security and tax law remain with the customer.

(4) Access to the Back Office uses the e-mail address of the respective user together with a password the user chooses. The password is set through a one-time link we send to that address, valid for 24 hours; the customer uses the link without delay and ensures that each e-mail address belongs to only one person. We recommend enabling the two-factor authentication available in the Back Office (authenticator app) for all accounts. The customer keeps access credentials, links and recovery codes confidential, does not pass them on, assigns roles and permissions in the Back Office only to authorised persons, blocks departed users without delay, keeps the stored e-mail addresses up to date and reports any suspected misuse immediately to support@nymtime.com. The customer is responsible for actions performed with its credentials unless it has reported the misuse without delay.

(5) The customer keeps the master data of its company, locations, employees and contact person in the Back Office correct and up to date, in particular the e-mail address for invoices and terminations and the delivery and invoicing address.

(6) The customer uses NymTime only for its intended purpose and uploads no unlawful content. It does not access the service by automated means without our consent, does not attempt to circumvent security mechanisms (device binding, NFC signatures, geo check) and does not pass on access to third parties outside its company; the customer's tax advisers and payroll accountants may be invited as users with their own role.

(7) Working time and break rules: NymTime calculates exclusively according to the settings the customer defines itself per location — in particular the break rule chosen (automatic deduction of the rest break, a rest break assigned by the manager in the shift, or recording by the employee at the press of a button), the length of the rest break and whether short breaks count as working time. These settings are instructions of the customer; NymTime does not review them for compliance with employment law. Compliance with the working time and rest period law applicable to the location remains the customer's duty, in particular regarding rest breaks, daily and weekly rest periods, maximum working time limits, weekend and public holiday rest and complete and correct records; Part B names the most important rules of the state. The note "break not recorded" and comparable notes in the Back Office are solely indications that a record needs to be corrected; they are not a sanction against the employee and replace neither the customer's review nor its decision. NymTime deducts the statutory minimum rest break automatically only so that the record does not remain incorrect; the customer reviews and corrects it.

(8) Law of the state of the location: NymTime is provided by LazyHead e.U. from Austria on the basis of its Austrian trade licence and the freedom to provide services (Art. 56 TFEU, Directive 2006/123/EC); Austrian law applies to this contract (§ 18(4)). The employment relationship of the customer's employees, however, is mandatorily governed by the law of the state in which they habitually work (Art. 8 Rome I); the most important rules of that state — on working time, on the co-determination of employee representatives and on employee data protection (Art. 6 and Art. 88 GDPR in conjunction with the law of that state) — are named in Part B. NymTime calculates exclusively according to the settings the customer chooses per location (country profile, break rule, working time limits); the profile of the state in which the location lies is preset. The customer selects and reviews the settings that are correct for its location. The templates we provide (works agreement, declaration of consent, privacy information) are tools; Part B states which law they are geared to. Insofar as they are not geared to the state of the location, the customer must adapt them or replace them with its own documents. NymTime transmits no data to authorities or public registers and does not replace any statutory reporting or recording system, unless such a connection is expressly agreed as a service; reports to authorities and the keeping of statutory registers are the customer's responsibility. Compliance with the employment, social insurance and tax rules applicable to the customer remains its duty.

(9) Private devices: if employees use the employee app on their private smartphone, the customer decides under the law of the location's state whether this use must be voluntary. Where the law or the supervisory authority requires it (Part B names such cases), the customer obtains the employee's consent and offers employees who do not want to use their private device an equivalent alternative way of recording time, for example a device of the business or recording by a manager in the Back Office; a refusal must not cause the employee any disadvantage.

§ 12 Rights of use

(1) For the duration of the contract the customer receives the non-exclusive, non-transferable and non-sublicensable right to use NymTime for the purposes of its business via the Back Office and the employee app. All other rights, in particular copyrights in software, design, documentation and trademarks, remain with LazyHead e.U.

(2) The customer may not copy the software (except for intended use in the browser and the app), edit, decompile or reverse engineer it, unless mandatorily permitted under § 40e UrhG, and may not make it available to third parties, rent it out or offer it as a service.

(3) We acquire no rights in the data and documents entered and uploaded by the customer beyond the provision of the service. The customer grants us the right to process, store and back up this data for the duration of the contract in order to provide the service.

(4) If the customer reports errors or makes suggestions for improvement, we may use them without remuneration.

§ 13 Retention and blocking

(1) We may block access to the Back Office in whole or in part if (a) the customer is in default of payment after expiry of the grace period under § 8(3), (b) the customer fails to remove unlawful content despite being requested to do so, (c) the customer account poses a risk to the security or integrity of the service (such as compromised credentials, attacks, circumvention of security mechanisms) or (d) an official or court order requires it.

(2) Except in cases of imminent danger, we announce a block by e-mail with a period of at least 3 working days and limit it to what is necessary. During a block the employee app shows only the respective employee's own data (viewing and export); new clock-ins are not possible. The customer must fulfil the statutory duty to record working time by other means during this time. We give reasons for a block under (1)(b) by e-mail, stating the content concerned and the ground (Art. 17 DSA); notices of unlawful content are received at office@nymtime.com (Art. 16 DSA).

(3) The block is lifted as soon as its reason no longer applies. A block does not affect the obligation to pay and does not entitle the customer to withhold fees, provided the block was justified.

§ 14 Return and deletion of data after the end of the contract

(1) After the end of the contract the customer may export its data completely from the Back Office for 30 calendar days (Excel, CSV, documents in their original format). During this time the Back Office is restricted to read access and export.

(2) After the 30 days we delete the data of the customer account unless a statutory retention obligation exists; backups are overwritten no later than 35 days thereafter. We keep invoices and payment records for seven years under § 132 BAO. Details are governed by § 10 of the data processing agreement.

(3) Retaining the working time records and the payroll-relevant records under the law of the state of the respective location (Part B states the periods) remains the customer's duty after the end of the contract. The customer ensures by exporting in good time that it can meet these duties after deletion; we do not retain the data on its behalf.

(4) At the customer's request we confirm the deletion in writing.

(5) Switching providers (Art. 23 to 26 and 29 of Regulation (EU) 2023/2854, Data Act): the customer may at any time request by e-mail or in the Back Office that we support the switch to another provider or the transfer of its data to its own systems; no notice period is required for this. We complete the switch without undue delay, at the latest 30 calendar days after the request (transitional period), provide the service unchanged until then and give the customer the information needed for its exit. All data that the customer and its employees have entered or generated through use are transferable — master and contract data, schedules, working time records, absences, time accounts, messages, documents, set-up evidence and the audit log — in the formats XLSX and CSV, documents in their original format. The only exceptions are data of internal operation (keys of the NFC tags and devices, password hashes, security logs) whose disclosure would endanger security. After the end of the contract or of the transitional period the data remain available for retrieval for at least 30 calendar days ((1)); we then delete them completely under (2). We charge no fees for the switch and the data export.

§ 15 Liability

(1) Under §§ 1293 et seq. ABGB we are liable without limitation for damage caused by us or our vicarious agents (§ 1313a ABGB) intentionally or through gross negligence (§ 1324 ABGB), and for personal injury.

(2) For slight negligence we are liable only where a main contractual obligation of this contract is breached, namely the provision of the service under § 2 and § 10. In that case liability is limited in amount to the sum of fees paid by the customer in the twelve months before the damaging event, but to no less than 2,500 €. Otherwise liability for slight negligence is excluded; this exclusion is permissible between businesses and does not grossly disadvantage the customer within the meaning of § 879(3) ABGB, because it leaves the main obligation untouched and § 6(5) gives the customer a no-fault credit for outages.

(3) Liability for lost profit, lost savings, indirect and consequential damage and for third-party claims against the customer is excluded in cases of slight negligence. We are liable for loss of data under (1) and (2). If the customer has not backed up the data at reasonable intervals using the export features provided, this is taken into account as contributory negligence (§ 1304 ABGB).

(4) The customer remains responsible for correct payroll, compliance with working time law and the lawful use of the location check (§ 11). We are not liable for administrative fines or back payments arising from the customer's breach of these duties.

(5) Claims for damages against us must be asserted in court within twelve months of knowledge of the damage and the damaging party, otherwise they lapse; the statutory limitation period of § 1489 ABGB is shortened to that extent by agreement, which is permissible between businesses. Mandatory statutory liability provisions, in particular under the Austrian Product Liability Act (PHG) and Art. 82 GDPR, remain unaffected; neither the lapse period nor the limitations of this paragraph apply to intent and gross negligence.

§ 16 Data protection and processing on behalf

(1) The customer is the controller within the meaning of Art. 4(7) GDPR for the personal data of its employees; we are the processor within the meaning of Art. 4(8) GDPR. The data processing agreement under Art. 28(3) GDPR (nymtime.com/avv) including its annexes is part of this contract and is concluded at purchase together with these terms. In case of conflict on data protection matters, the data processing agreement prevails.

(2) We store the customer's employee and business data (time records, schedules, documents) exclusively in data centres in the European Union and pass it only to the sub-processors named in Annex 2 of the data processing agreement. In transit it passes through Cloudflare's reverse proxy; this and the other third-country transfers (e-mail delivery, push notifications) are listed there and in the privacy policy together with their legal basis. Staff of LazyHead e.U. have no access to employee data without the customer's express authorisation.

(3) Both parties treat all trade secrets and non-public information of the other party obtained in connection with the contract as confidential, also beyond the end of the contract. The processing of the customer's own data as a customer (contract, invoicing and shipping data) is described in our privacy policy at nymtime.com/datenschutz.

(4) We name the customer with company name and logo as a reference only if it has consented to this in the purchase form or later in the Back Office; it may withdraw its consent at any time by e-mail. We evaluate usage data only in aggregated, non-personal form to improve the service; the content of documents and payroll data is never used for this.

§ 17 Amendments to these terms

(1) We may amend these terms with effect for the future if this is necessary due to a change in the law or case law, an official order, a change of our sub-processors or a further development of the service that does not impair the core purpose under § 2(3), and if the amendment does not restrict the main obligations and is reasonable for the customer. Price changes are governed exclusively by § 9.

(2) We announce amendments at least four weeks before they take effect by e-mail to the contact person's address and in the Back Office; the amended version is sent with the changes highlighted.

(3) The amended version is additionally shown to the management in the Back Office for confirmation; there it can also object to the amendment. If the customer confirms the amendment or does not object to it before it takes effect, the amended terms apply; we expressly point out the significance of silence in the announcement. If the customer objects, the previous version remains in force; the customer may terminate the contract at any time to the end of the current contract period, we with the notice period under § 5(1).

§ 18 Final provisions

(1) The customer's statutory rights of set-off and retention remain unaffected.

(2) Declarations concerning the contract (termination, cancellation, objection, reminder) must be made in writing. For this the parties agree on a relaxed form under § 886 ABGB: an e-mail to the address on file — for the customer additionally the corresponding function in the Back Office — suffices; a handwritten signature is not required. There are no oral side agreements.

(3) A transfer of the contract by the customer to third parties requires our consent; a transfer to a legal successor in the course of a business transfer merely has to be notified to us. We may transfer the contract to a company that continues the business of LazyHead e.U. by way of contribution or conversion and in which Andrii Snikhovskyi holds a majority interest; we notify the customer of this at least four weeks in advance. In that case the customer may terminate the contract with effect from the date of the transfer.

(4) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. This choice of law is based on Art. 3 of Regulation (EC) No 593/2008 (Rome I) and also applies to customers established in another member state; mandatory provisions applicable to the employment relationship of the customer's employees (Art. 8 Rome I) remain unaffected (§ 11(8)).

(5) For all disputes arising from or in connection with this contract the parties agree, under § 104 of the Austrian Jurisdiction Act (JN) — and, for customers domiciled in another member state, additionally under Art. 25 of Regulation (EU) No 1215/2012 (Brussels Ia) — on the exclusive jurisdiction of the court with subject-matter jurisdiction for Vienna, Inner City. We are entitled to sue the customer also at its general place of jurisdiction.

(6) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes closest to the economic purpose of the invalid provision; the same applies to gaps.

(7) These terms in the version stated at the beginning apply to all contracts concluded from that date; for contracts concluded earlier § 17 applies. The current version for each state is available at nymtime.com/agb; the version accepted at purchase or at the first login (§ 4(1)) is recorded in the customer account with time, version and checksum (SHA-256 of the text).

§ B1 Contract language

The contract language is German; the contract is concluded in German (§ 1(4) and § 4(1) of Part A). Translations of these terms are for information; in case of doubt the German version prevails.

§ B2 Working time law and working time records

(1) For locations in Austria, the time tracking that § 2(3) of Part A undertakes to preserve is time tracking under § 26 of the Austrian Working Time Act (Arbeitszeitgesetz, AZG). The customer is responsible for the accuracy and completeness of the working time records under § 26 AZG (§ 11(3) of Part A); for locations in Austria they are generated monthly.

(2) Compliance with the Working Time Act and the Rest Periods Act (Arbeitsruhegesetz, ARG) remains the customer's duty (§ 11(7) of Part A), in particular the rest break of at least 30 minutes where the daily working time exceeds six hours (§ 11 AZG), the daily rest period of eleven hours (§ 12 AZG), the maximum working time limits (§§ 3, 9 AZG), weekend and public holiday rest (ARG) and complete and correct records (§ 26 AZG).

(3) During a block (§ 8(4) and § 13(2) of Part A) the employee app shows each employee their own data for viewing and export under § 26(8) AZG. The customer must fulfil the record-keeping duty under § 26 AZG by other means during this time.

§ B3 Location check and co-determination

(1) For the location check at clocking (§ 11(2) of Part A), the customer assesses with its legal adviser whether the check affects human dignity and therefore requires a works agreement under § 96(1)(3) of the Austrian Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) in businesses with a works council, or the employee's consent under § 10 of the Austrian Employment Contract Law Adaptation Act (Arbeitsvertragsrechts-Anpassungsgesetz, AVRAG) in businesses without a works council; § 96a ArbVG remains unaffected. The customer records the completed steps in the Back Office; only then does NymTime activate the location check for that location and employee.

(2) The templates we provide (works agreement, declaration of consent, privacy information) are geared to Austrian law (§ 11(8) of Part A).

§ B4 Retention

The retention of the working time records and the payroll-relevant records, which remains the customer's duty under § 14(3) of Part A, is governed in Austria by § 26 AZG (at least one year) and § 132 of the Federal Fiscal Code (Bundesabgabenordnung, BAO; seven years).

§ B5 End-of-life NFC tags

The customer hands over end-of-life NFC tags under § 3(4) of Part A to a collection point for waste electrical equipment within the meaning of the Austrian Waste Electrical and Electronic Equipment Ordinance (Elektroaltgeräteverordnung, EAG-VO); to that extent § 3(4) of Part A is a different agreement on collection and treatment within the meaning of that Ordinance.