Status: November 2024
1.1. cycoders GmbH (hereinafter referred to as “cycoders”) provides its customers/licensees (hereinafter referred to as “customer”) with the LOLYO employee app in the primary version and LOLYO plus as a mobile intranet. The employee app is used solely on the basis of these Terms of Use.
1.2. Agreements deviating from these Terms of Use are only effective if cycoders has expressly recognized them in writing. The customer’s general terms and conditions are expressly excluded for the legal transaction in question and the entire ongoing business relationship.
1.3. The services provided by cycoders are aimed exclusively at entrepreneurs and no contracts are concluded with consumers.
The subject of the contractually agreed services of cycoders is the provision of server-based software (Software as a Service, SaaS for short) and smartphone apps for use against payment. Regarding the transfer of the use of software, cycoders grants the customer the right to use the software themself during the term of the contract in accordance with the present Terms of Use and the individual offer.
3.1. The customer can only book the primary version of LOLYO online via the link “Free trial subscription” on the website. The contract is concluded through this online booking. As part of the booking, the customer initially receives a free trial period that automatically turns into a paid subscription after expiry. cycoders confirms the booking by e-mail and provides the customer with the corresponding Terms of Use.
3.2. The conclusion of a contract for LOLYO plus requires the customer to sign the order in writing and cycoders to confirm the order.
3.3. Amendments and supplements to the contract or the Terms of Use must be confirmed in writing by cycoders to be valid.
4.1. LOLYO
The use of LOLYO includes the supply of the software (apps and backend) and server hosting by cycoders. The included features of LOLYO can be found on the website under the link PRICING.
4.2. LOLYO plus
The use of LOLYO plus includes the supply of the software (apps and backend), server hosting by cycoders and the setup and customization of the software by cycoders according to the respective customer requirements agreed with the customer. The included features of LOLYO plus can be seen on the website under the link PRICING.
LOLYO plus has a passive interface via which the customer can connect his own third-party systems. However, cycoders can also be commissioned by the customer, for a fee, to develop an interface for active data exchange between LOLYO plus and the customer’s third-party system. The services commissioned by the customer for this purpose will be invoiced on the basis of cycoders’ current hourly rates. In this case, the customer must provide cycoders with the interface description of the third-party system.
4.3. LOLYO Trial Subscription
The trial subscription allows the one-time use of LOLYO for a period of 60 days from activation by means of a confirmation link sent to the customer in the confirmation e-mail from cycoders. The trial subscription is free of charge and ends after 60 days. At the end of the trial period, the subscription is automatically converted into a paid subscription. The trial subscription can be canceled at any time via the “Cancel immediately” link, which the customer can find in their LOLYO customer area. Cancellation will result in the immediate, complete and irrevocable deletion of all data. cycoders reserves the right to refuse registrations for trial subscriptions without giving reasons.
Unless otherwise agreed, cycoders will provide the hosting. In detail, the hosting includes the provision of the server infrastructure by cycoders or a third party commissioned by cycoders, the maintenance and repair of the server hardware by cycoders or a third party commissioned by cycoders, the assumption of the operating costs of the server hardware, the installation of updates and upgrades of the licensed software – provided that customizations made especially for the customer do not make the installation more difficult –, the installation of updates and upgrades of the system software, the creation of backup copies of the data stocks and the provision of storage space and traffic.
Failures caused by third-party providers (=providers of the services) are not at the expense of cycoders (e.g. server/Internet) and no liability is assumed for loss of earnings etc.
On-premise solutions: The initial installation is carried out with the support of cycoders, as defined in the offer sent to the customer. The customer is responsible for securing the server as well as backup and recovery.
cycoders makes the services available to the customer via Internet access for the customer’s internal communication purposes. The customer themself grants its employees access to this service via a smartphone app or via the web browser. The customer can maintain the service (supply of content, definition of access data, management of user data etc.) via the LOLYO administration area, the common web browsers as well as a smartphone app.
7.1. Software as a Service
The mobile intranet / LOLYO as Software as a Service is located on a server and is regularly maintained by cycoders regarding security and availability and updates are carried out. The feature updates are installed by cycoders separately and as required.
7.2. Smartphone app
If updates are necessary due to changes to operating systems (iOS, Android), changes to the Terms of Use/AGB on the part of Google and Apple, for compatibility reasons or for the supply of new features of the core system, they must be ordered separately by the customer and will be charged to the customer depending on the effort involved. The apps are published via the developer accounts or the Apple Business Manager of cycoders’ customers. In further consequence, cycoders is not responsible for the content maintenance of these accounts; this must be carried out by the customer themself.
7.3. cycoders provides web-based support on the website under the SUPPORT link, where direct support requests can be sent by e-mail to support@lolyo.net. Additional support services such as personal technical support or advisory support regarding the application or internal communication issues can be ordered by the customer for an additional fee.
8.1. The contract for LOLYO and LOLYO plus is concluded for an indefinite period and can be canceled by the customer at any time in writing or via the link “Cancel immediately,” which the customer can find in his LOLYO customer area. In the event of termination, the current month in which the termination takes place will be billed in full up to the last day of the month. The customer can send written notice of termination by registered letter to the company address of cycoders (cycoders GmbH, Parkring 2, 8074 Raaba-Grambach, Austria) or by e-mail to hello@lolyo.net.
8.2. cycoders is entitled to terminate the contract with immediate effect for good cause, in particular if the customer is in default of payment. Any voluntary additional services offered over and above the contractually agreed services are not part of the contract and can be freely designed and terminated by cycoders at any time. Upon termination of the contractual relationship, all outstanding payment obligations of the customer towards cycoders become due immediately. All license rights of the customer expire at the end of the contract and the customer must stop using the software. If the customer takes over the hosting themself, they are obliged to completely and irrevocably delete the licensed software and all copies thereof and confirm this to cycoders in writing within ten days.
8.3. Upon termination of the contractual relationship, the customer can commission cycoders to extract the customer’s database contents and transfer them to the customer at their own expense.
9.1. Prices and Terms of Payment for LOLYO
For LOLYO, the customer must pay a monthly basic fee and a monthly license fee per employee. The current prices can be found on the website under the link PRICING. License billing is based on the exact number of active users plus a monthly basic fee. The license amount per user is constant and independent of the total number of active users. A user is counted as active as soon as they log in to the LOLYO system for the first time with their access data from a CSV import. A user who is created manually via the LOLYO backend is immediately counted as active. The license for each active user is billed at the end of the month on the basis of the pro-rata usage period. The monthly basic and license fee will be invoiced to the customer on a monthly basis and is due within 8 days of the invoice date.
9.2. Prices and Terms of Payment for LOLYO plus
For LOLYO plus, the customer must pay a one-off initial fee for setting up and customizing the software in accordance with the content of the offer. In addition to the one-off initial fee, the customer is charged a monthly license package price according to the current license price scale. The amount of the monthly license fee is calculated depending on the number of employees. The higher the number of users, the lower the license costs per individual user in the license package. Up to 1,000 users, licenses are offered in staggered 50-user packages, over 1,000 users in staggered 100-user packages. License packages are booked automatically in the LOLYO system based on the number of active users. A user is counted as active as soon as they log in to the LOLYO system for the first time with their access data from a CSV import. A user who is created manually via the LOLYO backend is immediately counted as active. The license costs are always charged in full package prices according to the current license package scale or the license package scale defined in the individual contract. A detailed price calculation is available on the website under the link PRICING by clicking on the button “Price Calculator”. The one-off initial fee for setting up and customizing the LOLYO plus software system is due immediately at the start of the contract. Unless otherwise agreed, the contract commences on the date on which the order confirmation is signed by cycoders. Unless otherwise agreed, the license fee will be invoiced on a monthly basis and is due within 8 days of the invoice date.
9.3. Unless otherwise agreed, prices are quoted in euros plus statutory VAT. Offers are subject to change and non-binding.
9.4. cycoders is entitled to increase the fees for the use of the software appropriately and must inform the customer of this at least one month in advance. In this case the customer is granted a special right of termination. The increase shall be deemed reasonable if it does not exceed 5% p.a. since the start of use by the customer. Discounts may only be deducted by prior separate agreement.
9.5. In the event of late payment, cycoders is entitled to charge interest on arrears at the statutory rate. Furthermore, cycoders is entitled to charge the customer reminder fees in the amount of EUR 10.
9.6. The customer agrees to the transmission of invoices in electronic form (PDF, e-mail). Sending invoices by post can be requested for a fee.
10.1. The customer must ensure that a corresponding account is set up with the app stores for the publication of his individual apps (developer account Google Play Store, Apple Business Manager Account) and that cycoders is granted access to these accounts with the rights required for publication.
10.2. The customer provides cycoders with the necessary data for setting up the LOLYO system and developing the individual apps (company abbreviation for the LOLYO system URL, design templates such as logo and images for the app icon and splash screen, text for the app stores) in good time after the start of the contract. Before publication in the app stores, the customer receives a design proposal for the app icon and splash screen from cycoders, which the customer must approve in writing. If further corrections are made after this written approval by the customer, the customer shall bear the additional costs incurred.
10.3. The customer undertakes to comply with all terms and conditions of third-party providers selected by the customer that apply to the use of the mobile app (e.g. Apple Store terms and conditions) and to other third-party services used by the customer in connection with LOLYO.
10.4. The customer is responsible for updating the operating systems and web browsers used by them, as the full functionality of the LOLYO software can only be guaranteed on common and modern operating systems and web browsers. In the case of on-premise solutions, the customer must ensure that the server meets the minimum requirements of LOLYO.
10.5. The customer is responsible for the personal data processed by them in the context of the use of LOLYO within the meaning of Art. 4 Z 7 GDPR. The responsibility for the legal admissibility of the collection, processing and use of personal data in the context of the use of LOLYO is therefore borne exclusively by the customer and, in the event of a violation, the customer indemnifies cycoders against claims by third parties.
11.1. The quality of the services provided by cycoders is exclusively determined by the service description valid at the time of conclusion of the contract and available to the customer prior to conclusion of the contract. Any further quality of the services is not owed by cycoders and cycoders does not provide any guarantee for this. It is the customer’s responsibility to check whether the software is applicable and suitable for the purposes desired by the customer when using the LOLYO trial subscription.
The prerequisite for error correction is that:
11.2. In the case of warranty, improvement shall in any case take precedence over price reduction or rescission. In the event of a justified notification of defects, the defects will be remedied within a reasonable period of time, whereby the customer shall enable cycoders to take all necessary measures to investigate and remedy the defects.
11.3. The presumption of defectiveness according to § 924 ABGB is excluded.
11.4. Furthermore, cycoders assumes no liability for errors, malfunctions or damage caused by improper operation, changed operating system components, interfaces and parameters, third-party software updates (e.g. web browsers), the nature of the customer’s required hardware and software, failures of telecommunications networks or data lines, the use of unsuitable organizational resources and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation conditions). cycoders does not guarantee full functionality on all operating systems and web browsers.
11.5. If the subject of the order is the modification or supplementation of existing programs, the warranty shall apply to the modification or supplementation. This shall not revive the warranty for the original program.
11.6. Warranty claims shall expire six (6) months after delivery. The customer must notify cycoders of any defects immediately, specifically and in writing.
11.7. cycoders is entitled to carry out unannounced maintenance work. This may lead to limited availability of the services for a short time.
12.1. cycoders is only liable to the customer for damage for which it is demonstrably responsible in the case of intent or gross negligence. In the case of slight negligence, cycoders is only liable for personal injury. This correspondingly applies to damage caused by third parties engaged by cycoders.
12.2. Liability for indirect damages, such as loss of profit, loss of interest, failure to make savings, consequential and financial losses, damages from third-party claims, loss of data and programs and their recovery, costs associated with business interruption or software errors, is expressly excluded.
12.3. Claims for damages within the scope of the company business shall become time-barred six (6) months after knowledge of the damage and the damaging party.
12.4. 12.4 If cycoders performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, cycoders assigns these claims to the customer. In this case, the customer will give priority to these third parties.
12.5. If data backup is expressly agreed as a service, liability for the loss of data is not excluded in deviation from point 12.2, but only if cycoders is responsible for the loss of data through demonstrably negligent action. In this case, cycoders is liable for the recovery of the data up to a maximum of 10% of the order amount per case of damage. Warranty claims and claims for damages by the customer that go beyond those specified in this contract – regardless of the legal grounds – are excluded.
12.6. cycoders is not liable if an app is rejected or subsequently removed due to the Terms of Use of third-party providers such as Google or Apple.
12.7. The design of the smartphone app (LOLYO plus or branded app) is implemented by cycoders according to templates provided by the customer. Designs are provided by the customer either in their entirety or in the form of a company logo and the app is only fully developed by cycoders after written design approval by the customer. cycoders accepts no liability if the design subsequently does not correspond to the customer’s wishes, the design infringes a third-party trademark right or the design violates basic ethical and moral values. In the aforementioned cases, the customer must indemnify cycoders against third-party claims.
13.1. cycoders grants the customer a non-exclusive, non-transferable, non-sublicensable right to use the software and the smartphone app for the duration of the contract to the extent of the number of licenses purchased for its own internal business purposes. All other rights remain with cycoders. The source code of the software is not part of the contract.
13.2. The right to use the LOLYO trial subscription is also granted on a non-exclusive and geographically unlimited basis but is limited to a period of 60 days once the customer activates it by using the confirmation link.
14.1. Insofar as cycoders has access to the customer’s personal data, cycoders acts exclusively as an order data processor and processes this data only for the execution of the contract with the customer. cycoders concludes an order data processing contract with the customer. The customer is responsible for the personal data processed by him in the context of the use of LOLYO within the meaning of Art. 4(7) GDPR (see also point 10.5).
14.2. cycoders takes all measures to ensure the security of processing in accordance with Art. 32 GDPR. All data processing activities are carried out exclusively within the EU or EEA.
14.3. Further information on data protection and data security can be found on the website under the link Data Security & GDPR and Privacy Statement.
cycoders is exempt from the obligation to perform if and insofar as the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract. Circumstances of force majeure include, for example, war, civil war, terrorism, currency and trade restrictions, epidemics, pandemics, natural disasters, extreme natural events, explosion, fire, strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transportation, failure of telecommunications networks or data lines or information systems or energy, changes in the law affecting the services after conclusion of the contract or other non-availability of services.
Subject to written revocation by the customer, which is possible at any time, cycoders is entitled to refer to the existing business relationship with the customer by name and company logo on its own advertising media and in particular on its website.
A set-off of alleged counterclaims of the customer against claims of cycoders is excluded.
For the decision on all disputes arising from a contract or the present Terms of Use, including those concerning the existence or non-existence, the jurisdiction of the competent court at the registered office of cycoders in 8074 Raaba-Grambach, Austria is agreed. The present Terms of Use and contracts are subject exclusively to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should any provision of these Terms of Use be or become legally invalid or unenforceable in whole or in part, this shall not affect the legal validity or enforceability of all other Terms of Use. cycoders and the customer shall replace the legally invalid or unenforceable provision with a valid and enforceable provision which comes as close as possible to the content and purpose of the legally invalid or unenforceable provision.
Changes or additions to the Terms of Use must be made in writing; this also applies to changes to the written form requirement.