Terms and Conditions

NEVO · As of: 22 June 2026

1. Scope and Contracting Parties

1.1 These Terms and Conditions apply to all contracts for the use of the software "NEVO" (Software-as-a-Service) between Sigrid Aicher Photography, Sobieskigasse 37/6, 1090 Vienna, Austria ("we", "Provider") and you as the customer ("you", "Customer").

1.2 NEVO is aimed at pet photographers, regardless of whether you use NEVO as part of a trade/self-employed activity (in which case you are a business/trader within the meaning of § 1 KSchG or § 14 BGB) or as a private individual/hobby photographer (in which case you are a consumer). Which additional provisions apply in your favor depends on the capacity in which you enter into the contract.

1.3 We object to any deviating terms and conditions; they do not become part of the contract unless we expressly agree to their applicability in writing.

2. Description of Services

2.1 We provide you with NEVO as web-based software for managing your pet photography business (including customer and animal management, order management, appointment scheduling). The specific scope of features for your respective plan results from the service description on our pricing page at the time of your order.

2.2 We continuously develop NEVO further. You receive a right of use to the respective current version; there is no entitlement to the continuation of individual features, provided that a change is reasonable for you (see Section 3).

2.3 We strive for the most continuous availability of NEVO possible, but cannot technically guarantee 100% availability. We will announce maintenance work in advance, to the extent reasonable.

2.4 You are responsible for making regular backups of your data stored in NEVO yourself, to the extent technically possible for you (e.g., via data export). We do not assume any additional custodial obligation beyond our standard technical measures.

3. Changes to Services

3.1 We may change the scope of features of NEVO if the change is merely advantageous to you, is purely technical/organizational in nature and has no material effects on you, or if we are legally obligated to do so or required by a court/regulatory decision.

3.2 We will only make material deteriorations to the scope of services with reasonable advance notice and only to the extent that you are granted a special right of termination as a result.

4. Conclusion of Contract and Trial Period

4.1 The presentation of NEVO on our website is not a binding offer, but an invitation to you to submit an offer. By submitting the order form or completing the payment process via our payment service provider, you submit a binding offer, which we accept by providing access or by confirmation in text form.

4.2 You can try NEVO free of charge and without obligation for 14 days. We do not require any payment data from you to start the trial period. After the 14 days expire, your access is automatically restricted — there is no automatic conversion into a paid subscription and no automatic charge. If you wish to continue using NEVO, you must actively conclude a paid subscription after the trial period ends.

4.3 We do not separately archive the contract text; you can view your order data via your user account after the contract is concluded. The language of the contract is German (English translations are provided for convenience only).

4.4 You can identify and correct input errors before bindingly submitting your order by reviewing your entries in the form fields before finally completing the order or payment process and changing them using the usual keyboard and mouse functions.

4.5 Make sure that you can receive emails from us (e.g., for contract confirmation, payment issues, or changes to these Terms and Conditions), and set up an exception in your spam filter for our sender address if necessary.

5. Prices and Payment

5.1 The prices stated on our pricing page at the time of your order apply. Unless otherwise stated, these are total prices including the applicable value-added tax.

5.2 Payment processing is carried out via our payment service provider Paddle, which also handles invoicing as the so-called Merchant of Record. Details on accepted payment methods can be found in the order process.

5.3 For recurring subscription payments, the respective amount due is automatically charged at the agreed billing date (e.g., monthly), as long as the subscription has not been cancelled. If a payment fails, we will inform you and grant you a reasonable period to make the payment before restricting access.

5.4 If we wish to increase prices for existing subscriptions, we will inform you at least 30 days before the increase takes effect; in this case, you may terminate the contract with extraordinary effect as of the date the increase takes effect.

6. Contract Duration and Termination

6.1 The subscription automatically renews for the next billing period (e.g., one additional month) unless terminated beforehand. You can cancel your subscription at any time without observing a notice period; if you cancel before the end of the current billing period, the subscription simply will not be renewed at the end of that period, and no further payment obligation arises. We may also terminate the subscription at any time as of the end of a current billing period.

6.2 The right to extraordinary termination for good cause remains unaffected for both parties.

6.3 If you are a consumer and have concluded a paid subscription (continuing obligation), you can additionally cancel it at any time via an electronic cancellation button in your account settings. In addition, where applicable, you are entitled to the statutory right of withdrawal — details can be found in our Withdrawal Policy.

6.4 Upon termination of the contract, your access to your user account ends. We will only continue to store your data for as long as required by statutory retention periods, and will then delete it in accordance with our Privacy Policy.

7. Referral Program

7.1 If we offer a referral program, you will receive a personal referral link as a NEVO user. If a new user signs up via your link and concludes a paid subscription after the free trial ends, you will receive a credit equal to one monthly fee of the Basic plan on your next subscription invoice.

7.2 The credit is non-redeemable for cash and can only be offset against future payments for your own NEVO subscription. There is no upper limit on the number of possible credits.

7.3 We reserve the right to exclude individual referrals from the program if there are concrete indications of abuse. We may change or terminate the referral program at any time for the future; credit claims that have already arisen remain unaffected.

8. Rights of Use

8.1 We grant you a simple, non-transferable right, limited to the duration of the contract, to use NEVO within the scope of these Terms and Conditions and the service description.

8.2 You grant us the rights we need to store, process, and display the content you enter into NEVO (e.g., customer data, photos) for the purpose of fulfilling the contract. You warrant that you are authorized to grant these rights and will obtain all necessary third-party consents yourself.

9. Your Obligations

9.1 You are responsible for the confidentiality of your access credentials and will inform us immediately if you suspect unauthorized access.

9.2 You may not use NEVO to store or process content that violates applicable law or the rights of third parties.

9.3 To the extent that you process personal data of your own customers via NEVO, you are responsible for this under data protection law (see Section 13).

9.4 Indemnification: You shall indemnify us against all third-party claims — including reasonable legal defense costs — asserted against us because content or data entered by you into NEVO infringes the rights of third parties, because you used NEVO in violation of these Terms and Conditions, or because you violated your data protection obligations as a controller. This does not apply to the extent that you are not responsible for the respective infringement.

10. Liability

10.1 We are liable without limitation for damages resulting from injury to life, body, or health caused by a negligent or intentional breach of duty on our part, as well as for other damages caused by an intentional or grossly negligent breach of duty.

10.2 In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract.

10.3 Otherwise, our liability for slightly negligent breaches of duty is excluded, in particular for damages caused by data loss (to the extent avoidable by reasonable backups on your part) or by temporary unavailability of NEVO due to maintenance, force majeure, or circumstances beyond our control.

10.4 The above limitations of liability do not apply to the extent that we fraudulently concealed a defect or assumed a guarantee, and not to claims under product liability law.

11. Warranty for Defects

11.1 If you act as a consumer, the statutory warranty provisions apply without restriction.

11.2 If you act as a business/trader, you must notify us of defects immediately. Termination due to a defect is only permissible after you have first given us a reasonable opportunity to remedy the defect and this has failed.

12. Confidentiality

Both parties undertake not to disclose confidential information of the other party of which they become aware in connection with this contract to third parties, unless there is a statutory or regulatory disclosure obligation.

13. Data Protection and Data Processing

13.1 How we process personal data in connection with your use of our website and NEVO is set out in our Privacy Policy.

13.2 To the extent that you process personal data of your own customers (e.g., pet owners) via NEVO, you are the controller within the meaning of the GDPR; we process this data as a processor solely on your instructions. The details are governed by the separate Data Processing Agreement (DPA), which you accept when concluding the contract.

14. Changes to These Terms and Conditions

14.1 We may change these Terms and Conditions if the change is merely advantageous to you, is purely technical/organizational in nature without material effects on you, or if we are legally obligated to do so or required by a court/regulatory decision.

14.2 We will inform you of material changes that are disadvantageous to you with a reasonable lead time; in this case, you are entitled to a special right of termination as of the date the change takes effect. If you do not object within the specified period and continue to use NEVO, the change is deemed accepted — we will expressly point out this consequence in the announcement.

15. Applicable Law, Jurisdiction, Dispute Resolution

15.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another EU member state, the mandatory consumer protection provisions of your state of residence remain unaffected.

15.2 We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board. However, you can submit complaints via the EU's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Annex: Switching to Another Provider (Data Act)

This annex implements the requirements of the EU Data Act regarding provider switching for data processing services and applies in addition to the above Terms and Conditions.

1. Pre-contractual information: Before the contract is concluded, we inform you on our website or in the service description about the possibility of switching providers or moving to your own IT infrastructure, about any standard fees that may apply, and about the categories of data that are exportable as part of such a switch.
2. Initiating the switch: You can initiate a provider switch at any time by informal notice to us ("switching notice"), for example by email. Cancelling your subscription (Section 6) and initiating a switch are two independent processes.
3. Switching and exit plan: After your switching notice, we will jointly determine with you which data and content you wish to export, in what format, and by what date.
4. Transition period: The transition period for data export and migration is generally 30 days from the switching notice. At your request or in the case of complex migrations, we will extend this period by mutual agreement, but to no more than 12 months in total. During the transition period, your access to NEVO remains in its previous scope.
5. Our support: We will provide you with reasonable support during the transition period, in particular through export functions and, if needed, additional support in transferring your data in a structured, commonly used, and machine-readable format.
6. Your cooperation: You will cooperate in the migration to the extent necessary — for example, by confirming the desired scope of export or providing information about the target system.
7. No additional compensation: We will not charge you any additional compensation for the switching process beyond what is already provided for in these Terms and Conditions (see Section 5).
8. Deletion after termination: After the transition period or a reasonable retrieval period after termination of the contract expires, we will irrevocably delete your data, unless a statutory retention obligation precludes this.
9. Premature termination of the contract: If the contract is terminated for good cause (e.g., our insolvency or discontinuation of the service), the transition period and our support obligations under this annex apply accordingly, to the extent actually possible for us.