Terms of Service
Terms of Service for the online service "yourtinyoffice" (the "Service") provided by CMaier GmbH, Webersiedlung 11, 8402 Werndorf, Austria (the "Provider"). Version 2026-09-19.
1. Scope and business customers only
- These Terms govern all contracts between the Provider and the user (the "Customer") concerning the use of the Service.
- The Service is offered exclusively to businesses within the meaning of § 1(1)(1) Austrian Consumer Protection Act (KSchG) and § 14 German Civil Code (BGB), i.e. natural or legal persons acting in the course of their trade, profession or self-employed activity. By registering, the Customer confirms that they act as a business. Consumers are excluded from using the Service.
- Deviating terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.
2. Subject matter
- The Provider makes the Service available to the Customer as software as a service over the internet. The Service is used to manage customers, record time, create offers and invoices including electronic invoices (Factur-X/ZUGFeRD), send them by e-mail and view a financial overview.
- The scope of functions is defined by the service description on yourtinyoffice.com in the version current at the time the contract is concluded. The Provider may develop the Service further as long as its essential functions are preserved.
- The Customer does not receive software for installation; the contract covers use through the browser only.
3. Conclusion of contract
- The contract is concluded when the Customer completes registration and accepts these Terms and the Data Processing Agreement.
- When a paid plan is booked, the corresponding contract is concluded upon completion of the order process with the payment provider.
4. Plans, prices and payment
- Free: free of charge; includes customer management, time tracking, recurring invoices and up to two finalized invoices per calendar month; e-mail dispatch through the Provider's mail server.
- Pro: currently EUR 15 net per month plus statutory VAT; additionally includes unlimited invoices, offers with text blocks and dispatch through the Customer's own SMTP server.
- Billing takes place monthly in advance through the payment provider Stripe. The Customer ensures that a valid payment method is on file. Invoices are provided electronically.
- The Provider announces price changes at least four weeks in advance by e-mail. The Customer may cancel the Pro plan with effect from the end of the current billing period before the change takes effect.
- In case of late payment the Provider may suspend Pro features until payment is received; access to the data remains available.
5. Term and termination
- The Free plan runs for an indefinite period and may be terminated by either party at any time.
- The Pro plan has a term of one month and renews for a further month unless cancelled through the customer portal before the end of the current period. After cancellation the account continues on the Free plan.
- The Customer may delete their account at any time in the settings (“Delete account”) or by notifying office@cmaier.tech. The Provider may terminate the contract with four weeks' notice.
- The right to terminate for cause remains unaffected, in particular in case of serious breaches of these Terms or unlawful use.
- The Customer is obliged to export their data before termination (data export in the settings). Deleting the account removes all data of the account, including stored documents, immediately and irrevocably; the Provider keeps no copy unless a statutory retention duty applies to the Provider.
6. Availability and maintenance
- The Provider strives for high availability of the Service but does not owe any specific availability. There is no entitlement to uninterrupted use.
- Maintenance, updates and disruptions at third parties (hosting, payment provider, public interfaces such as VIES) may lead to temporary restrictions. Planned maintenance is carried out outside usual business hours where possible.
- The Provider makes regular backups of the database. They do not replace the Customer's duty to retain their own business records.
7. Obligations of the Customer
- The Customer keeps their credentials confidential and informs the Provider immediately of any suspected misuse.
- The Customer is solely responsible for the accuracy, completeness and lawfulness of the data they enter and the documents they create, in particular for the tax and legal correctness of their offers and invoices (mandatory details, tax rates, small business scheme, reverse charge, retention). The Service offers assistance but does not replace tax or legal advice.
- The Customer ensures that they are entitled to process the data of their customers and contacts in the Service and fulfils their own data protection obligations as controller.
- When using their own SMTP server, the Customer is responsible for its configuration, deliverability and the lawfulness of dispatch. Dispatch through the Provider's mail server is permitted only for delivering offers and invoices to the Customer's recipients, not for advertising or bulk mail.
- Attacks on the Service, automated scraping, circumventing usage limits and any unlawful use are prohibited.
8. Data protection and data processing
Where the Customer processes personal data of third parties in the Service, the Customer is the controller and the Provider the processor. The Data Processing Agreement forms part of these Terms and is concluded upon their acceptance. The processing of the Customer's own data is described in the Privacy Policy.
9. Rights of use
- For the term of the contract the Customer receives the non-exclusive, non-transferable right to use the Service for their own business purposes.
- All rights in the software, templates and design remain with the Provider. Content and documents created by the Customer remain the Customer's property.
10. Warranty
- The Provider provides the Service with the functions described at the time the contract is concluded. Defects must be reported to the Provider without delay in a reproducible manner; the Provider remedies them within a reasonable period.
- On the Free plan the Service is provided without warranty to the extent permitted by law.
- The Provider gives no warranty for the results of external services (e.g. VAT ID checks via VIES, ECB exchange rates).
11. Liability
- The Provider is liable without limitation for intent and gross negligence and for personal injury.
- In case of slight negligence the Provider is liable only for breach of essential contractual obligations whose fulfilment is a prerequisite for proper performance of the contract, and only for foreseeable damage typical of the contract. In this case liability is limited to the total fees paid by the Customer in the twelve months preceding the damaging event.
- On the Free plan liability for slight negligence is excluded.
- Liability for lost profit, indirect and consequential damage and for data loss that could have been avoided by reasonable own backups (export) is excluded unless intent or gross negligence applies.
- The Provider is not liable for tax or legal consequences of incorrect documents; responsibility for their content lies with the Customer (clause 7.2).
- Claims for damages must be asserted in court within six months of becoming known.
12. Changes to these Terms
- The Provider may amend these Terms and the Data Processing Agreement where required by changes in law, changes to the Service or other objective reasons.
- The amended version is presented to the Customer at the next login and must be accepted to continue using the Service. If the Customer does not accept it, they may terminate the contract at that time (by deleting the account or by notifying the Provider); until then the previous version continues to apply.
13. Final provisions
- 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.
- The place of jurisdiction for all disputes arising from this contract is the competent court in Graz, Austria.
- Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The statutory provision replaces the invalid one.
- The contract language is German. This English version is provided for information; in case of discrepancies the German version prevails.