Terms of service (AGB)

§ 1 Scope

(1) These terms apply to all contracts on the use of the NymTime service — rota, time tracking, on-site presence, absences, hours reporting and export, Back Office and employee app — and on the delivery of the associated NFC stickers 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.

(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 is German. Translations of these terms are for information; 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: § 4(5) and (7) (automatic renewal by one month and by twelve months respectively), § 6 (no right of withdrawal, no pro-rata refund), § 13 (suspension on payment default), § 15 (limitation of liability and forfeiture period), § 16(4) (naming as a reference), § 17 (amendment of these terms by deemed consent) and § 18(1) and (5) (no set-off, place of jurisdiction Vienna). 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 rota by roles; recording of working time by clocking in with the employee's own smartphone at an NFC sticker, alternatively by scanning the QR code on the sticker or by a geo-verified clock-in button in the employee app; presence at the location as intervals "inside", "outside" and "location unavailable" without storing coordinates; 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 sticker (100 × 100 mm, with built-in NFC chip) per booked location is included in the price; delivery is governed by § 3. Until it arrives, the team clocks in via a QR code the customer prints from the Back Office. Further stickers 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 — rota, time tracking under § 26 AZG and hours reporting — is preserved. We inform the customer of material changes at least four weeks in advance by e-mail.

(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 a camera (QR) or location permission (geo check).

§ 3 Delivery of the NFC stickers

(1) We ship the NFC stickers included in the price and any additionally ordered stickers by post 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 is usually 2 to 4 working days within Austria and 5 to 8 working days to the other EU member states from receipt of payment or from the order in the Back Office. Delivery times are non-binding; until the stickers arrive, the team clocks in via QR code (§ 2(2)).

(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 stickers 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 stickers and stickers failing after the 12 months are re-ordered by the customer at the price in § 7(2). Each sticker is assigned to a location in the Back Office; a lost sticker is blocked there and is invalid for clock-ins from that moment.

(4) After delivery the stickers remain the customer's property. No return is required at the end of the contract; the customer removes or disposes of them.

§ 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 month 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 sticker. The presentation of the service on the website is not a binding offer but an invitation to order. The Back Office and clock-in via QR code are available to the customer from the confirmation.

(2) The term of the contract, and with it the first contract month, begins with go-live. Go-live is the first NFC clock-in by an employee or by the management at the location's NymTime sticker. Receipt of the shipment, printing the QR code and using the Back Office do not start the term. As a fallback the term begins (a) at the latest 30 days after dispatch of the sticker, even if no one has clocked in yet (grace period), or (b) on the day on which NymTime activates the term at the customer's express request. We show the start date in the Back Office under Settings → Subscription.

(3) Delivery of stickers for further locations, re-orders and replacement deliveries do not change the running term. A location added later is charged pro rata from the day it is booked in the Back Office until the end of the current contract month and thereafter follows the rhythm of the contract.

(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).

(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) apply: reminder by e-mail, grace period of 7 days, 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. As a courtesy and without legal obligation we nevertheless send a reminder by e-mail to the contact person's address seven days before each renewal; failure to send this reminder does not affect the renewal.

(7) Annual payment (option): the customer may switch to annual payment at purchase or later in the Back Office under Settings → Subscription. The following applies: (a) the fee for twelve contract months is collected in advance in a single payment; (b) on that we grant a discount of 10 % on the location fee under § 7(1) (additional employee seats under § 7(3), stickers and other one-off services are excluded); (c) the contract period is twelve contract months from the switch and renews automatically by a further twelve contract months unless it is terminated at the latest one month before it ends (termination in the Back Office or by e-mail, § 5(1)); (d) locations and additional employee seats added during the annual period are charged 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)); in addition we send a reminder by e-mail one month before the annual period ends. § 9 (price changes) and § 13 (suspension) remain unaffected.

§ 5 Termination

(1) Either party may terminate the contract at any time to the end of the current contract month; there is no notice period. The customer terminates in the Back Office under Settings → Subscription or by e-mail to office@nymtime.com; we terminate by e-mail to the contact person's address. Individual locations can be cancelled to the end of the current contract month in the same way.

(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)).

(2) Cancellation before dispatch: until the NFC sticker 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 month paid at purchase and the fee for ordered stickers in full to the original payment method; the contract is deemed not to have been concluded.

(3) After dispatch: from the dispatch of the sticker the fee for the first contract month is no longer refunded. Fees for ordered stickers 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 stickers: failures within 12 months are replaced free of charge (§ 3(3)). Additionally ordered stickers 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 sticker, after receipt and inspection. The sticker 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 stickers and users of the employee app is not limited.

(2) NFC stickers: one sticker per location is included in the monthly price, shipping to the delivery address included. Each further sticker 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 and with the next monthly invoice when ordered later from the Back Office.

(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 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. Businesses without a UID number are charged 20 % Austrian VAT. Should the UID number turn out to be invalid, we charge the Austrian VAT retrospectively.

(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. Additional employee seats under (3) cost 2 € net per contract month with annual payment too; they are billed by the employees actually active and are therefore excluded from the discount. The prices for NFC stickers 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. The fee for the first contract month is charged on completion of the purchase (§ 4(1)); thereafter the fee for each new contract month is collected in advance on its first day, plus the pro rata charges for additional employee seats confirmed in the previous month (§ 7(4)) and re-ordered stickers. 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; locations and employee seats added during the year are charged pro rata until the end of the annual period with the next invoice.

(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. Invoices are deemed accepted if the customer does not object in writing within 30 days of receipt.

(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. 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). During the block the employee app shows only the respective employee's own data (viewing and export under § 26(8) AZG); 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. 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.

(2) Checking presence at the location (geofence) is a control measure affecting human dignity. The customer may only use it if, in businesses with a works council, a works agreement under § 96(1)(3) ArbVG has been concluded or, in businesses without a works council, the written consent of the respective employee under § 10 AVRAG has been obtained. The customer files the basis in the Back Office; only then does NymTime activate the presence check for that employee. 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 § 26 AZG, in particular for promptly reviewing and correcting missing or incorrect clock-ins, for approving absences and for observing retention periods. 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 Austrian Working Time Act (AZG) and the Rest Periods Act (ARG) remains the customer's duty, 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). 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) Businesses outside Austria: 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). If the customer uses NymTime in Germany, it must therefore observe in particular: the German Working Time Act (ArbZG) with the rest breaks under § 4 (30 minutes above six hours, 45 minutes above nine hours), the rest period under § 5 and the records under § 16(2); the duty to record all working time under § 3(2)(1) ArbSchG as interpreted by the Federal Labour Court (decision of 13 September 2022, 1 ABR 22/21) and the ArbZG as amended from time to time; the Federal Holiday Act (BUrlG); the works council's co-determination regarding technical devices capable of monitoring conduct or performance (§ 87(1)(6) BetrVG); and the employee data protection rules in force at the time (Art. 88 GDPR, currently § 26 BDSG or a provision replacing it). In other member states the corresponding local rules apply. NymTime calculates exclusively according to the settings the customer chooses per location (country profile, break rule, working time limits); the Austrian profile 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 geared to Austrian law; for businesses in other states the customer must adapt them or replace them with its own documents — for Germany in particular with a works agreement under § 87(1)(6) BetrVG. Sentences 3 and 4 of paragraph (7) apply accordingly: compliance with the employment, social insurance and tax rules applicable to the customer remains its duty.

§ 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 record-keeping duty under § 26 AZG by other means during this time.

(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 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. Details are governed by § 10 of the data processing agreement.

(3) Retaining the working time records under § 26 AZG (at least one year) and the payroll-relevant records under § 132 BAO (seven years) 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.

§ 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. 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 only to the extent that the customer has backed up the data at reasonable intervals using the export features provided or the loss would have occurred despite proper backup.

(4) The customer remains responsible for correct payroll, compliance with working time law and the lawful use of the presence 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. In cases of slight negligence the reversal of the burden of proof under § 1298 ABGB is contracted out; to that extent the customer must prove fault. 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 process the customer's data 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. Staff of LazyHead e.U. have no access to employee data without explicit enablement by the customer.

(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) After conclusion of the contract we may name the customer with company name and logo as a reference unless the customer objects 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, case law or market conditions or due to further development of the service, and the amendment 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) If the customer does not object by e-mail before the amendments take 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 and either party may terminate the contract to the end of the current contract month.

§ 18 Final provisions

(1) The customer may set off against our claims only with undisputed or legally established counterclaims; a right of retention of the customer over fees is excluded unless it is based on the same contractual relationship and undisputed.

(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.; we notify the customer of this.

(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 of 15 September 2026 apply to all contracts concluded from that date; for contracts concluded earlier § 17 applies. The current version is available at nymtime.com/agb; the version accepted at purchase is recorded in the customer account with time, version and checksum.