Last updated: January 10, 2025
Table of Contents
- Introduction and Acceptance of Terms
- Information Obligations under ECG and FAGG
- Contract Conclusion and Right of Withdrawal
- Service Description and Scope of Use
- Your Responsibilities as a User
- Prices and Payment Terms
- Data Protection and Data Security
- Cookies and Tracking
- Social Media and Links
- Premium Features
- Content Guidelines
- Public Profiles and User Responsibility
- Technical Availability
- Warranty and Liability
- Contract Duration and Termination
- Changes to Terms of Service
- Final Provisions
1. Introduction and Acceptance of Terms
These terms and conditions govern the use of the LemioLink service, operated by Linkplicity GmbH, Donaufelder Straße 6/6, 1210 Vienna, FN 498239 z, UID-Nr. ATU 74570225 ("we", "us", or "our"). The service allows users to create personalized profile pages with various links and an integrated QR code for contact storage. LemioLink refers to all the services we offer, including the website, mobile applications, and related services.
By using our service, you agree to these terms. If you do not agree with these terms, please do not use the service. These terms constitute a binding agreement between you and us.
2. Information Obligations under the ECG and FAGG
In accordance with the legal requirements of the E-Commerce Act (ECG) and the Distance and Out-of-Business Transactions Act (FAGG), we provide the following information:
Service provider: Linkplicity GmbH
Management: Patrick Taudes
Business address: Donaufelder Straße 6/6, 1210 Vienna, Austria
Contact: Phone: +43 (0) 676 636 8331, Email: patrick.taudes@linkplicity.com
Company registration number: FN 498239 z
Commercial court: Handelsgericht Vienna
VAT number: ATU 74570225
For online dispute resolution, the European Commission provides a platform available at https://ec.europa.eu/consumers/odr. We are willing to participate in a dispute resolution procedure before a consumer arbitration board.
3. Contract Formation and Right of Withdrawal
The contract for using our service is concluded upon your registration and our acceptance. For paid services, acceptance occurs through our explicit confirmation or by activating the respective service.
Consumers have a statutory right of withdrawal. If you are a consumer within the meaning of the Consumer Protection Act and concluded the contract as a distance selling transaction, you have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract through an unambiguous statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from you choosing a delivery method other than the least expensive standard delivery we offer), without undue delay and within fourteen days from the day we receive notice of your withdrawal.
4. Service Description and Scope of Use
Our service allows you to create and manage a personalized profile page where you can embed various links and content. A special feature of our service is the integration of a QR code, which allows other users to directly store your contact details in their digital address book.
The specific functionality depends on the type of use you have chosen (free or paid) and is detailed in the respective service description on our website. We reserve the right to expand, modify, or restrict the functionality, provided this is reasonable for you, considering our interests.
5. Your Obligations as a User
As a user of our service, you are obligated to provide accurate and complete information when registering and to keep it up to date. You must keep your password confidential and not share it with third parties. You are responsible for all activities conducted under your account.
The content you upload must comply with legal requirements. In particular, you may not upload unlawful, offensive, racist, pornographic, or youth-endangering content. You guarantee that you have all the necessary rights to the content you upload.
6. Prices and Payment Terms
If you use a paid service, the prices specified at the time of ordering apply. All prices are in euros, including the applicable VAT.
Payment is made in advance via the offered payment methods. For recurring payments, the amount is due at the beginning of each new billing period. You will receive an electronic invoice that complies with the requirements of the VAT Act.
According to § 25b of the Consumer Protection Act, we point out that in case of delayed payment, statutory default interest of 4% p.a. will be charged. The assertion of further damages remains reserved.
7. Data Protection and Data Security
We take the protection of your personal data seriously. We process your data exclusively based on the legal provisions (GDPR, TKG 2003). Detailed information can be found in our privacy policy, which is an integral part of these terms of service.
When using the QR code feature, the contact data you have shared will be integrated into the code. When other users scan the code, this data will be automatically added to their address book. You can always decide which data should be accessible through the QR code.
8. Cookies and Tracking
We use cookies and similar tracking technologies to improve our service and provide you with an optimal user experience. Detailed information can be found in our cookie policy. By using our service, you consent to the use of cookies in accordance with our cookie policy.
9. Social Media and Links
When integrating social media features into your profile, please observe the terms of use of the respective platforms. We are not responsible for the content of linked websites. However, we will initially check linked sites for obvious legal violations.
10. Premium Features
Premium features are paid extensions of our service. The functionality and prices are described on our website.
The contract for premium features is concluded through your order and our acceptance. The minimum term is one month unless otherwise specified.
Premium subscriptions automatically renew for the original term unless canceled in due time. The cancellation period is 7 days before the end of the current period.
In case of payment default, we may suspend premium features. The payment obligation remains in effect.
11. Content Guidelines
You may upload texts, images, links, and other media that you own or for which you have usage rights, do not infringe the rights of third parties, are legal, and comply with our community standards.
Prohibited content includes unlawful material, content that incites crimes, promotes violence, is pornographic or youth-endangering, discriminatory, offensive, contains malware, links to harmful content, spam, or unwanted advertising, or infringes copyright, trademark, or other protected rights.
In case of violations, we may remove content without prior notice, temporarily or permanently suspend accounts, take legal action, and report criminal content to authorities.
12. Public Profiles and User Responsibility
Users can create their own profile pages and manage their content independently. These profiles are publicly accessible. It is the users' responsibility not to upload any sensitive or private information they do not wish to share publicly. Linkplicity GmbH assumes no liability for any consequences resulting from the publication of such data.
13. Technical Availability
We aim for a service availability of 99% on an annual average. We will announce maintenance work at least 24 hours in advance. In case of technical disruptions, you have no right to availability or compensation.
14. Warranty and Liability
Statutory warranty rights remain unaffected. We provide warranty according to the provisions of the Austrian Civil Code (ABGB).
Our liability for damage caused by slight negligence is excluded unless it concerns personal injury or damage to items entrusted for processing. For consumers, this liability exclusion applies only to damage to items entrusted for processing.
We are not liable for force majeure or failures beyond our control. Any potential liability is limited to typical, foreseeable damages.
15. Contract Duration and Termination
For free services, you may terminate the contract at any time without notice. For paid services, the agreed minimum contract term applies. After the minimum term expires, the contract can be terminated with one month's notice at the end of the respective billing period.
The right to extraordinary termination for important reasons remains unaffected. An important reason exists, in particular, if you violate significant provisions of these terms of service.
16. Changes to the Terms of Service
We reserve the right to change these terms of service if necessary due to changed circumstances and provided that this does not unreasonably disadvantage you. Changes will be communicated to you in text form at least one month before the planned implementation.
You have the right to object to the changes. In case of objection, the previous terms will remain valid. We reserve the right to terminate the contract in this case.
17. Final Provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state where the consumer has their habitual residence.
For lawsuits against consumers who have their residence or habitual residence in Austria or who are employed in Austria, the court of the consumer's residence, habitual residence, or place of employment shall have jurisdiction. For lawsuits against entrepreneurs, the competent court in Vienna shall have exclusive jurisdiction.
If any provisions of these terms of service are or become invalid, the validity of the remaining provisions will not be affected.