General Terms and Conditions (GTC; German: AGB) for BookinX

Version of: 2 October 2026 · Version: 1.1

§ 1 Provider and Scope

The provider of the SaaS service "BookinX" is Robert F. Craciun, Girardigasse 4/28, 1060 Wien, Austria, e-mail: bookinx@x-orbit.app (hereinafter the "Provider").
BookinX is a cloud-based software service for organising and conducting appointment bookings and is part of the Xorbit product family.
BookinX is currently offered temporarily free of charge. For this period, § 4(4), (5) and (7) apply mutatis mutandis. The provisions on fees and term (§§ 5, 6) apply only from the conclusion of a paid contract, which the Provider will announce separately in advance.
These GTC apply to all contracts on the use of BookinX between the Provider and its customers, including the free trial phase.
BookinX is aimed exclusively at entrepreneurs (Unternehmer) within the meaning of § 1 KSchG (Austrian Consumer Protection Act, Konsumentenschutzgesetz) or § 1 UGB (Austrian Commercial Code, Unternehmensgesetzbuch). Contracts with consumers are not concluded.
Upon registration or ordering, the customer confirms that it will use BookinX exclusively for its business activities. If it turns out that the customer is a consumer, the Provider may terminate the contract with immediate effect. Fees already paid for the unused period will be refunded pro rata.
The customer's general terms and conditions do not apply, even if the Provider does not expressly object to them or provides services in the knowledge of them. They apply only if the Provider expressly agrees to them in text form.

§ 2 Subject Matter of the Service

The Provider makes BookinX available to the customer via the internet as web-based software for managing appointment bookings (Software as a Service). Provision of the software for local installation is not owed.
The specific scope of functions is determined by the agreed plan or offer and the service description applicable at the time the contract is concluded. During the free-of-charge phase (§ 1(3)), BookinX comprises the functions enabled from time to time. There is no entitlement to specific functions.
BookinX may in particular comprise the following functions: a. creation and management of own booking pages, b. definition of appointment types, availability, booking rules and time slots, c. recording and management of bookings and participant information, d. connection of supported calendar systems, in particular Microsoft 365, Google Calendar and Apple Calendar, e. conducting or integrating video conferences, f. optional recording of video conferences with an automatically generated transcript and AI-assisted summary, g. preparation of appointments (agenda, meeting objectives, documents), h. sending of appointment-related notifications with texts and banners that can be designed by the customer, i. public profiles of employees including QR code and digital contact card, j. booking and prioritisation of rooms, k. management of users, roles, booking pages and organisational settings including a change log, l. securing of login, in particular through two-factor login, m. further functions according to the booked service level.
The use of interfaces to third-party services (such as calendar, e-mail or video conference services) requires the customer to have the necessary accounts, permissions and licences with the respective third-party provider. Their terms of use additionally apply.
Services of third-party providers are not part of the service owed by the Provider, unless expressly agreed otherwise. Changes, restrictions or outages of such services may impair BookinX integrations.
The accessibility of BookinX requires a functioning internet connection and an up-to-date web browser on the customer's side. Their provision is the responsibility of the customer.

§ 3 Registration and Conclusion of Contract

The use of BookinX requires a user account.
The customer provides complete and accurate information during registration and keeps it up to date. Anyone registering on behalf of a company confirms that they are authorised to represent it.
By completing the electronic registration or ordering process, the customer submits an offer to conclude a contract of use.
The contract is concluded upon express electronic confirmation by the Provider, in particular by confirmation e-mail or activation of access.
The GTC and the Data Processing Agreement (DPA; German: AVV) applicable at the time the contract is concluded are made accessible to the customer in storable form before the process is completed. Consent is given electronically, in particular by ticking a checkbox. The Provider logs the accepted version with date and version status.
The information obligations pursuant to § 9 and § 10(1) and (2) ECG (Austrian E-Commerce Act, E-Commerce-Gesetz) are waived to the extent permitted by law.
The Provider may reject registrations or contract offers without giving reasons.

§ 4 Free Trial Phase

Where offered, BookinX can be tested free of charge. The trial phase begins with the activation of the trial access. The trial access is free of charge until revoked by the Provider. During the free-of-charge phase pursuant to § 1(3), the Provider determines the duration of free use and notifies the customer of it in text form upon activation. The Provider will announce an end of free use at least 14 days in advance in text form.
The trial phase ends upon revocation by the Provider. No termination is required, and there is no automatic conversion into a paid contract.
Paid use requires a separate, express order.
During the trial phase, there is no entitlement to any particular availability, response times, support or scope of functions. BookinX is currently in pilot operation. Functions may change without prior notice, be restricted or work incorrectly. The customer should additionally keep its own record of important booking data.
The Provider may restrict or terminate a trial access for objective reasons, in particular in the event of abuse, security risks or unlawful use.
After termination of the trial access, the data will be deleted within 30 days unless a contract is concluded. The customer may request immediate deletion.
As the trial phase is free of charge, the Provider is liable during it only for intent, gross negligence and personal injury. There are no warranty claims.

§ 5 Paid Contracts, Licences and Prices

Paid contracts are concluded for the term agreed in the offer or ordering process. If nothing is agreed there, the minimum term is 12 months.
Use is based on licences. A licence is required for each person who has their own booking page or for whom a licence is provided for under the plan. The number results from the offer or order.
Additional licences can be booked at any time and are charged pro rata from the time of booking. A reduction takes effect at the end of the current contract period.
The fees result from the respective offer or order. All prices are exclusive of any statutory value added tax that may be due.
Billing, payment interval and method of payment are determined by the offer or ordering process. The fees are payable in advance for the respective billing period. The customer agrees to the electronic transmission of invoices.
Unless otherwise agreed, invoices are due within 14 days of the invoice date without deduction.
In the event of culpable default in payment, the customer owes default interest of 9.2 percentage points above the applicable base rate (§ 456 UGB) as well as compensation for collection costs of at least €40 (§ 458 UGB). Further claims remain unaffected.
The fees are index-linked. The basis is the Consumer Price Index 2020 published by Statistik Austria or an index replacing it. The starting basis is the index figure for the month in which the contract was concluded. The Provider adjusts the fees upwards or downwards once a year on 1 January in line with the change in the index and announces this at least 4 weeks in advance in text form. Failure to make adjustments shall not be deemed a waiver.
Price increases other than pursuant to para. 8 require the consent of the customer (§ 17).
The customer may only set off undisputed claims or claims that have been finally established by a court.

§ 6 Contract Term, Renewal and Termination

After expiry of the minimum term, the contract is automatically renewed for a further twelve months in each case, unless it is terminated by either party with three months' notice to the end of the respective contract period.
Terminations are made in text form, in particular by e-mail to bookinx@x-orbit.app, or via a function provided for this purpose in BookinX.
The right of both parties to extraordinary termination for good cause remains unaffected.
Good cause for the Provider exists in particular if the customer a. is in default with a due amount of at least two monthly fees and fails to pay despite a reminder with a reasonable grace period, b. uses BookinX unlawfully or abusively, or c. causes significant security risks.
In the case of remediable breaches, the Provider sets a reasonable period for remedy before extraordinary termination. This does not apply if immediate termination is necessary due to the severity of the breach, legal obligations or specific security risks.
Fees paid in advance are refunded upon termination of the contract only if the customer terminates for good cause for which the Provider is responsible, and then pro rata for the unused period.
The consequences of the end of the contract for the customer's data are governed by § 15.

§ 7 Availability, Maintenance and Support

BookinX is provided as an internet-based service.
No minimum availability is promised during test and pilot operation. In productive operation, a guaranteed minimum availability exists only if it is expressly agreed in an offer or Service Level Agreement (SLA).
Temporary restrictions may arise in particular from maintenance, security measures, technical faults, outages of infrastructure or third-party providers, or force majeure (§ 14).
Plannable maintenance work expected to cause significant restrictions will, where possible, be announced at least 48 hours in advance and carried out outside normal business hours.
Short-notice maintenance or security measures without announcement are permissible if they are necessary for the security, integrity or functionality of the service.
Support is provided by e-mail to bookinx@x-orbit.app on working days (Monday to Friday, excluding public holidays in Vienna) during normal business hours. Response times apply only if they are agreed in an SLA.

§ 8 Obligations of the Customer

The customer uses BookinX exclusively in accordance with applicable law and these GTC. It ensures that the users set up by it also comply with these obligations.
The customer is in particular obliged a. to keep its access credentials secret and protect them against unauthorised access and to use any two-factor login offered, in particular for accounts with administrator rights, b. not to pass on user accounts to third parties without authorisation; access credentials are personal, c. to process only content and data that it is authorised to process, d. not to use BookinX to distribute unlawful, harmful or misleading content, e. not to take any measures to impair, circumvent or make unauthorised use of the systems, in particular no overloading through automated queries, f. not to introduce malware or other harmful components, g. to inform the Provider without undue delay of any security incidents or unauthorised access to its account that it detects.
The customer is itself responsible for the services, appointment types, content and information offered via BookinX.
The customer provides the necessary data protection information to its customers, prospects, employees and other data subjects and ensures the legal bases for the processing. As controller, it remains responsible for the lawfulness of the processing initiated by it.
If the customer uses the recording of video conferences, it ensures that all participants are informed before the recording begins and, where necessary, have given their consent. Transcripts and summaries are generated automatically and may be incomplete or incorrect. The customer reviews them before any further use and does not make decisions about persons solely on their basis.
The customer is responsible for content that the customer or its users post in BookinX, in particular profile information, photos, videos, logos, banners, QR codes and texts of appointment types and customer e-mails. It warrants that it has the necessary rights and that the content does not infringe any third-party rights.
The customer indemnifies the Provider against third-party claims based on unlawful use or use in breach of contract of BookinX by the customer or its users, including reasonable costs of legal defence. This is subject to the Provider informing the customer without undue delay and enabling it to defend against the claim.

§ 9 Suspension of User Accounts

The Provider may temporarily suspend access in whole or in part if a. there are specific indications of unlawful use or use in material breach of contract, b. access credentials have been compromised, c. significant security risks emanate from the account, d. systems are being abusively burdened or attacked, e. the customer is in default with due payments despite a reminder with a reasonable grace period and a warning of suspension, or f. a suspension is required due to legal or regulatory obligations.
In its decision, the Provider takes into account the nature, severity and duration of the cause as well as the effects on the customer, insofar as the risk situation permits. The suspension is limited, where possible, to the users or functions concerned.
The customer will be informed of the suspension and its essential reason, unless legal, regulatory or security-related reasons prevent this.
The suspension will be lifted as soon as its reason has ceased to exist. The customer's data are retained during the suspension. The obligation to pay the fees continues during a suspension for which the customer is responsible.

§ 10 Data Protection and Processing on Behalf

The Provider processes personal data in accordance with the applicable data protection regulations, in particular the GDPR (German: DSGVO) and the Austrian Data Protection Act (Datenschutzgesetz, DSG).
Information on processing under the Provider's own responsibility is contained in the BookinX Privacy Policy.
Insofar as the Provider processes personal data on behalf of the customer, this takes place on the basis of a DPA pursuant to Art. 28 GDPR. The DPA is concluded electronically when the contract is concluded and forms part of the contract.
The DPA governs in particular the sub-processors used, the place of data processing and the technical and organisational measures.
In the event of conflicts between these GTC and the DPA, the DPA prevails for processing on behalf.
The Provider may use anonymised usage data that cannot be traced back to the customer or data subjects to ensure operation and for the further development of BookinX.

§ 11 Rights to BookinX

All rights to BookinX, in particular copyrights, software rights, database rights and trademark rights, remain with the Provider or the respective rights holders.
For the term of the contract, the customer receives a simple, non-transferable and non-sublicensable right to use BookinX to the agreed extent for its own business purposes.
Any use, reproduction, modification, decompilation or provision to third parties beyond this is not permitted without the Provider's consent, unless mandatory statutory rights provide otherwise.
All rights to the customer's data, content, trademarks and materials remain with the customer. For the term of the contract, the customer grants the Provider the rights necessary to perform the contract, in particular for storage, display and transmission on public booking pages, public profiles, in appointment preparation and in customer e-mails. The customer warrants that it has these rights.
If the customer provides suggestions or feedback on BookinX, the Provider may use these free of charge for further development.

§ 12 Warranty

The statutory warranty provisions apply to paid services, unless these GTC provide otherwise.
The customer reports defects without undue delay, at the latest within 14 days of becoming aware of them, in text form with a comprehensible description. It reasonably supports the Provider in analysing and remedying them. If the customer reports a defect late, it cannot claim a price reduction for the period until the report.
The Provider remedies defects, at its option, by repair or by providing a workaround within a reasonable period. Only if the remedy fails or is unreasonably delayed may the customer claim a price reduction or, in the case of material defects, terminate the contract extraordinarily.
There is no defect if a desired function is missing that is not part of the agreed scope of services, if a fault is based exclusively on systems, networks or services of the customer or of third parties commissioned by it, or if automatically generated transcripts or summaries reproduce individual content inaccurately.
Warranty claims become time-barred within one year of becoming aware of the defect, to the extent permitted by law.

§ 13 Liability

The Provider is liable without limitation for intent, gross negligence and personal injury.
Liability for property damage and financial loss caused by slight negligence is excluded to the extent permitted by law.
If, notwithstanding para. 2, the Provider is liable for slight negligence, liability per contract year is limited to the fees paid by the customer in the last twelve months, but to no less than €1,000.
Liability for loss of profit, indirect damage, consequential damage and damage arising from third-party claims is excluded, except in the case of intent or gross negligence.
Within the scope of paras. 1 to 4, the Provider is liable for the loss of data only in the amount of the effort required to restore the data from the last proper data backup.
The Provider is not liable for outages, changes or restrictions of third-party services insofar as these are beyond its sphere of influence and are not attributable to it.
The limitations of liability also apply in favour of the Provider's representatives, employees, vicarious agents and agents.
Claims for damages must be asserted in court within one year of becoming aware of the damage and the party causing the damage, failing which they shall lapse, to the extent permitted by law.
Mandatory liability provisions, in particular under the Product Liability Act (Produkthaftungsgesetz) and Art. 82 GDPR, remain unaffected.

§ 14 Force Majeure

Neither party is liable for non-performance or delayed performance of its obligations insofar as this is based on circumstances beyond its reasonable control. These include in particular natural events, epidemics, war, terrorism, official orders, large-scale power or network outages and attacks on infrastructure that are successful despite reasonable protective measures.
The affected party informs the other party without undue delay and endeavours to minimise the effects.
If such an event lasts longer than 30 days, either party may terminate the contract extraordinarily. Fees paid in advance for the unused period will be refunded pro rata.
Payment obligations for services already rendered remain unaffected.

§ 15 Data Export and Data Deletion after the End of the Contract

Upon the end of the contract, the customer's access is deactivated, unless otherwise agreed.
The customer may export its exportable data within 30 days of the end of the contract or request their release in an available standard format (such as CSV or JSON).
After expiry of this period, the data assigned to the customer are deleted or anonymised, unless a statutory retention obligation prevents this.
The customer may at any time, including before the expiry of the period, request the deletion of its data in text form. Such an instruction takes precedence over the period pursuant to para. 2. The deletion will be confirmed upon request.
Data in backup copies are permanently deleted within 30 days as part of the regular backup rotation. Until then, they are not processed for any other purposes.
The customer is responsible for backing up required data in good time before the expiry of the period.

§ 16 Changes and Further Development of BookinX

The Provider may further develop BookinX, adapt functions or replace them with equivalent ones, insofar as the essential agreed possibilities of use are not unreasonably impaired.
Changes may be necessary in particular for technical reasons, security requirements, legislative changes, changes to third-party interfaces or for further development.
If a change materially restricts a contractually agreed core function, the Provider informs the customer at least six weeks in advance and, where possible, provides an alternative. A shorter period is permissible insofar as security reasons, legal requirements or changes by a third-party provider compel it. In this case, the customer may terminate the contract with effect from the time the change takes effect; fees paid in advance will be refunded pro rata.

§ 17 Changes to these GTC

The Provider may amend these GTC for existing contracts if there is an objective reason, in particular legislative changes, case law, technical developments, security requirements or adjustments to the service model.
Changes are communicated to the customer in text form at least six weeks before they take effect, with a comparison of the amended provisions.
If the customer does not object in text form by the time the changes take effect, the changes are deemed accepted. In the notification, the Provider expressly points out this effect, the deadline and the right of termination pursuant to para. 4.
If the customer objects, the previous GTC continue to apply. Both parties may then terminate the contract with effect from the time the change takes effect.
Para. 3 does not apply to changes to the main performance obligations, the fees (except § 5(8)), the term or liability. Such changes require the express consent of the customer.
Changes that are necessary solely due to mandatory legal requirements or to avert imminent security risks may be made at shorter notice.

§ 18 Transfer of the Contract and Legal Succession

The customer may transfer rights and obligations under the contract to third parties only with the prior consent of the Provider in text form.
The Provider may transfer the contract to a legal successor in the context of the founding of a company, a reorganisation, a contribution, a sale of the business operations or a transfer of the BookinX business unit, provided that the legitimate interests of the customer are not materially impaired. This also applies to the DPA. The customer hereby agrees to this in advance.
The Provider informs the customer at least four weeks before the change of contractual partner. The customer may terminate the contract with effect from the time of the change.

§ 19 Confidentiality

The parties treat all confidential information of the other party that becomes known to them in connection with the contract as confidential and use it only for the performance of the contract.
Confidential information includes in particular non-public technical, economic, business and organisational information as well as the contents of the customer account.
The obligation does not apply to information that was demonstrably already publicly known, becomes public without a breach of duty, was lawfully obtained from third parties or must be disclosed due to a legal obligation or an official or court order.
The obligation of confidentiality applies for three years beyond the end of the contract.
Obligations under data protection law, in particular under the DPA, remain unaffected.

§ 20 Final Provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court having subject-matter jurisdiction in Vienna. The Provider may also sue the customer at its general place of jurisdiction.
Amendments or additions to individual agreements require text form. This also applies to any waiver of this form requirement.
Individual agreements take precedence over these GTC.
Notices from the Provider may be effectively delivered to the e-mail address stored in the customer account. The customer keeps this up to date.
The contractual language is German. Translations are for information purposes only.
Should individual provisions be invalid or unenforceable, the remaining provisions shall remain valid. They shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision; in the absence of such a provision, the statutory provisions apply.
The version of these GTC applicable at the time the contract is concluded or effectively amended pursuant to § 17 is authoritative.

§ 21 Contractual Components and Order of Precedence

In the event of conflicts, the components apply in the following order:

the DPA pursuant to Art. 28 GDPR, for the processing of personal data on behalf,
individual agreements, the offer or the order,
expressly agreed Service Level Agreements or supplementary agreements,
the service description or the booked plan,
these GTC.

Version of 2 October 2026

Provider: Robert F. Craciun, Girardigasse 4/28, 1060 Wien, Austria, bookinx@x-orbit.app