Terms and Conditions

As of: 09/2025

Address: Zelsach 7, 9852 Trebesing, Austria
Website: https://mapmyvend.com

§ 1 Scope and Contracting Parties

These General Terms and Conditions (GTC) apply to all contracts between Tobias Domanig, registered office: Zelsach 7, 9852 Trebesing, Austria (hereinafter "Provider") and customers who are entrepreneurs within the meaning of § 1 UGB.

Contractual relationships with consumers within the meaning of the KSchG are excluded. By registering, the customer confirms that they are an entrepreneur.

Deviating or conflicting conditions of the customer will not be recognized unless the provider expressly agrees to them in writing.

§ 2 Subject Matter of the Contract

The provider provides a web-based Software-as-a-Service solution ("SaaS") that can be used online via https://mapmyvend.com.

The software can be booked as a subscription with optional add-ons. The specific scope of functions results from the current service description on the website.

The provider is not obliged to install the software at the customer's premises or provide access to source codes.

§ 3 Conclusion of Contract and Contract Term

The contract is concluded through the customer's online registration and successful payment processing via the payment service provider Stripe.

Subscriptions are concluded for the term specified in the order and automatically renew for the same period unless terminated in due time.

The notice period is 14 days to the end of the respective contract term, unless otherwise agreed. Terminations must be made in writing and sent to office@mapmyvend.com or by post to the provider's business address.

§ 4 Prices and Payment Terms

All prices are net prices plus statutory value added tax.

Billing is done through the payment service provider Stripe. Upon conclusion of the contract, the customer agrees to the processing of their payment data by Stripe.

The subscription price is due on the first day of each billing period and is automatically collected via Stripe.

Add-ons are billed proportionally for the remaining term.

If the customer defaults on a payment, the provider is entitled to block access to the software until the outstanding amounts are settled.

§ 5 Scope of Services and Availability

The provider guarantees availability of 99% on an annual average, excluding maintenance times, force majeure, or technical problems outside the provider's sphere of influence.

Maintenance work is carried out – as far as possible – outside peak usage times and is announced in good time.

§ 6 Customer Obligations

The customer undertakes to keep access data confidential and not to make it accessible to unauthorized third parties.

The customer is responsible for the legal compliance of all data processed via the SaaS application.

The customer undertakes not to use the software abusively, in particular not to upload any security-threatening content.

§ 7 Changes to Services and Prices

The provider is entitled to further develop and change the scope of functions of the software insofar as this is reasonable for the customer.

Price changes are announced at least 30 days before they come into effect. In this case, the customer has an extraordinary right of termination.

§ 8 Liability

The provider is liable without limitation in case of intent and gross negligence.

In case of simple negligence, the provider is only liable for damages resulting from the violation of essential contractual obligations, but limited to the typically foreseeable damage.

Liability for lost profits, data loss, or indirect damages is excluded – insofar as legally permissible.

§ 9 Warranty

The provider warrants that the software essentially functions according to the service description.

Defects must be reported by the customer immediately in text form, with as accurate a description of the error as possible.

The provider will remedy defects within a reasonable period.

§ 10 Data Protection

The provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the privacy policy at https://mapmyvend.com.

Where required, the provider and customer conclude a data processing agreement (DPA) in accordance with Art. 28 GDPR.

§ 11 Force Majeure

The provider is not liable for service failures due to force majeure (e.g., natural disasters, strikes, failure of communication networks), provided that the provider is not responsible for these.

§ 12 Jurisdiction, Applicable Law

Austrian law applies to all disputes arising from or in connection with this contract, excluding the UN Sales Convention (CISG).

For the resolution of all disputes arising from this contract, the court at our company's registered office that has subject-matter jurisdiction is locally competent. However, we have the right to sue at the general jurisdiction of the contracting partner.

§ 13 Final Provisions

Should individual provisions of these GTC be invalid, the effectiveness of the remaining provisions remains unaffected.

Changes and additions to these GTC require written form.

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