Terms of Service

1Scope and parties

1.1These Terms of Service (Terms) apply to all contracts for the use of FAMMRO between FAMMRO e.U., owner Fabian Marocico, Am Golfplatz 45, 4225 Luftenberg an der Donau, Austria, FN 667227 t (we) and the customer (you).FAMMRO comprises the console in the browser and as an app, the chat widget, the programming interfaces and the connections to channels, shops and marketplaces.

1.2FAMMRO is offered exclusively to businesses within the meaning of § 1 Austrian Consumer Protection Act (KSchG) and § 1 Austrian Commercial Code (UGB).By registering you confirm that you use FAMMRO for your business.We do not enter into contracts with consumers.

1.3The customer's own terms do not apply, even if we do not expressly object to them.Deviations from these Terms only apply if we confirm them in writing; email is sufficient.

1.4The contract consists of, in this order: a written individual agreement, the Data Processing Agreement, the license chosen at purchase as described under Pricing, these Terms and, for installations via marketplaces, the EULA.

2Conclusion of contract

2.1The presentation of FAMMRO on our website is not a binding offer.By registering you offer to conclude a contract for the trial, by purchasing a license you offer to conclude a contract for that license.The contract is concluded when we activate your account or confirm the license.

2.2We may refuse a registration without giving reasons and grant a trial only once per business.

2.3Your registration details must be correct and complete.You inform us without delay about changes to your company name, address, VAT number or billing address.

3Services

3.1We provide FAMMRO as software over the internet.The scope follows from the chosen license, in particular the number of bots, channels, team members and messages, and from purchased extra packs under 5.7 to 5.12.Installation at the customer's site or provision of source code is not owed.

3.2We continuously develop FAMMRO.We may change, replace or discontinue features as long as the essential benefit of your license is preserved.If an essential feature is removed without replacement, we inform you at least six weeks in advance and you may terminate the contract as of that date.We refund fees already paid for the period after that on a pro rata basis.

3.3Additional services such as setup, training or customization are only provided under a separate agreement.

4Trial

4.1New customers can test FAMMRO for seven days free of charge.Features and message volume may be limited during the trial.

4.2If you purchase a license during the trial, we only charge your payment method after the trial has ended.If you cancel in the console before it ends, no costs arise.

4.3Without a license the trial ends automatically, without any costs.Your account remains until you delete it, so you can purchase a license later.We delete chat histories after the retention period stated in the Privacy Policy.

5Prices and payment

5.1The prices stated under Pricing at the time of purchase apply.All prices are net prices in euros plus VAT where applicable.For customers established in another EU member state with a valid VAT number we invoice without VAT, and the customer owes the tax (reverse charge).

5.2You choose a term of one, three, six or twelve months.The discounts stated on the pricing page apply to longer terms.The fee for the entire term is due in advance.

5.3Payment is made via our payment service provider by card or SEPA direct debit.You authorize us to collect the fee for each term from the stored payment method.You receive invoices electronically and agree to this.For installations via the Shopify App Store, Shopify bills under its own terms.

5.4In case of late payment you owe default interest under § 456 UGB and the costs of appropriate reminders and collection.After an unsuccessful reminder with a deadline of at least seven days we may suspend your access until payment is received.The obligation to pay continues during the suspension.

5.5We may change prices for future terms.We inform you at least six weeks before the new term begins.If you do not agree, you may terminate as of the end of the current term.The price for the current term remains unchanged.

5.6Set off against counterclaims is only permitted if we have acknowledged them or they have been finally established by a court.

5.7In addition to your license, you can buy packs of messages or parcel lookups in the console (extra packs).An extra pack is a single purchase at the price stated under Pricing, not a subscription.It does not renew and does not need to be cancelled.Only customers with a license can buy extra packs.

5.8The balance of an extra pack is available as soon as we have received payment, for SEPA direct debit only once it is confirmed.It is used only after the monthly quota included in your license has been used up, and then per message or per new shipment.If you hold several packs, we first use the balance that expires earliest.

5.9A balance is valid for twelve months from purchase.After that, any unused balance expires without replacement.Balances are not paid out or refunded and cannot be transferred to other customers.This also applies on termination, a license change or deletion of the account.Any unused balance expires when the contract ends.Your statutory rights in case of defects remain unaffected.

5.10The monthly quota of your license is made available again on the first day of each calendar month, Austrian time.Unused monthly quota expires at the end of the month and is not carried over.If the monthly quota is used up and no balance is available, the bot stops replying until the start of the next month and shows only the carrier link instead of the live shipment status.Your team can still reply.We show the status in the console and let you know in good time when the quota is running low.

5.11Every message sent or received in the inbox counts once as a message, including replies by the bot and your team.Older messages imported from mailboxes do not count.Every new tracking number counts once as a parcel lookup; repeated lookups of the same shipment do not count.

5.12We may change the prices and contents of extra packs for future purchases.Packs already purchased remain unaffected.

6Term and termination

6.1The contract renews for the chosen term unless you cancel before it ends.You can cancel at any time in the console or by email to support@fammro.com as of the end of the current term.We can terminate with 30 days' notice as of the end of a term.

6.2Fees already paid for a current term are not refunded on cancellation, not even pro rata.This also applies if you delete your account before the end of the term.

6.3A license change and additional team seats take effect immediately.We bill additional seats for the same term as your license.We settle the difference for the remaining term pro rata, a credit with the next invoice.When moving to a lower license, you ensure that your usage fits within its limits.

6.4Both parties' right to terminate for good cause remains unaffected.Good cause for us exists in particular in case of payment default of more than 30 days despite a reminder, a serious breach of these Terms or a breach repeated despite a warning, misuse of FAMMRO, or if a platform provider blocks the connection because of your conduct.

6.5Until the end of the contract you can export your chat histories from the console.Afterwards we delete your data under the Data Processing Agreement, unless a retention obligation applies.

7Your obligations

7.1You only connect channels, accounts, inboxes and shops you are authorized to use, and you comply with the terms and policies of these platforms, in particular those of Meta, WhatsApp Business, the shop systems and marketplaces.

7.2You are responsible towards your customers for the processing of their data.You inform them in your privacy policy about the use of FAMMRO, obtain required consents, for example for messages via WhatsApp or for the widget on your website, and can prove them.

7.3You keep your credentials secret, assign roles only to people who need them and inform us without delay if you suspect misuse.Actions taken with your credentials and those of your team are deemed your actions.

7.4You do not use FAMMRO

• for unlawful or misleading content or content infringing third party rights, for unsolicited advertising or mass mailing
• for purposes prohibited or classified as high risk under the EU AI Act, for example decisions on credit, insurance, job applications or access to essential services
• for health data, payment card data or other special categories of data, unless agreed in writing
• to overload FAMMRO, circumvent protective measures, access other customers' data or exploit vulnerabilities

7.5We may block content and temporarily suspend access if there is a justified suspicion of a breach of 7.4 or if this is necessary to avert a danger to FAMMRO, other customers or third parties.We inform you and lift the suspension as soon as the reason no longer applies.

8AI and automated answers

8.1FAMMRO generates answers automatically with language models from the knowledge you provide and from the data of your connected shops.Despite all precautions, such answers may be incomplete, outdated or wrong.We do not owe any particular accuracy or fitness of an automatically generated answer for a specific purpose.

8.2You are responsible for the knowledge provided, your instructions to the bot and the answers sent to your customers via your channels.This applies in particular to prices, delivery times, commitments, legal information and product details.Check your settings in the test center, use your team's takeover and switch the bot off for topics where a wrong answer would have consequences.

8.3Statements made by the bot to your customers are your statements.You decide in your settings what the bot provides information on.We recommend that binding commitments are only made by your team.

8.4Your customers must be able to recognize that an AI system is answering (Art. 50 EU AI Act).In the chat widget, the bot's role as an AI assistant is shown permanently below its name.If you give the bot a role of your own, FAMMRO adds the AI label unless the role already contains it.On other channels, such as WhatsApp, Instagram or email, you ensure this through the bot's name, role or greeting.You do not remove or hide this labeling and fulfill the obligations that apply to you as a deployer under the AI Act.

8.5The language models come from third parties (see Privacy Policy).We may change the model or provider if quality remains comparable and data protection is maintained.We do not use your content to train models.

9Your content and rights

9.1Your content remains yours.For the term of the contract you grant us the right to store, process and transmit it as far as necessary for FAMMRO.You warrant that you hold the necessary rights to your content, including texts and images from websites FAMMRO reads for your knowledge base.

9.2We may evaluate data on the use of FAMMRO that does not relate to you, your team or your customers for operation, security and further development.

9.3We may name your business with name and logo as a customer.You can object to this at any time by email.

10Right to use FAMMRO

10.1For the term of the contract you receive the simple, non transferable right to use FAMMRO within your license for your business and with your team.All rights to software, design, brand and documentation remain with us.

10.2You may not pass FAMMRO on to third parties, rent it out or offer it as your own service, reverse engineer the software except where § 40e Austrian Copyright Act mandatorily permits it, or perform automated access outside the documented interfaces.

11Availability, maintenance and defects

11.1We operate FAMMRO with the care customary in the industry.We only owe a specific availability if agreed in writing.We carry out necessary maintenance at times of low usage where possible and announce longer interruptions in advance.

11.2Disruptions and outages of platforms you connect, such as Meta, shop systems or marketplaces, and changes to their interfaces are beyond our control and are not a defect of FAMMRO.We adapt FAMMRO to such changes within a reasonable time, as far as technically and economically reasonable.

11.3You report defects to us without delay and in a comprehensible manner at support@fammro.com.We remedy them within a reasonable period, also by a workaround.If this fails, you may reduce the fee appropriately for the duration of the defect or, for material defects, terminate the contract without notice.Further claims only exist under section 12.

12Liability

12.1We are liable without limitation for damage caused intentionally, for personal injury and under the Product Liability Act.

12.2We are not liable for slight negligence.

12.3For gross negligence our liability per incident and for all incidents in a contract year together is limited to the fees you paid us in the twelve months before the incident.Liability for lost profit, indirect damage, consequential damage, lost savings, interest losses and damage from third party claims is excluded.

12.4For loss of data we are only liable for the effort that restoration would have cost if you had exported your data regularly.

12.5We are not liable for damage caused by automatically generated answers within the meaning of section 8, by content received from or sent to connected platforms, or by disruptions of these platforms.

12.6The customer bears the burden of proving gross negligence.Claims for damages become time barred six months after knowledge of the damage and the party causing it, at the latest three years after the damaging event.

12.7These limitations also apply to our employees, agents and subcontractors.Liability under Art. 82 GDPR follows the Data Processing Agreement and the law.

13Indemnification

You indemnify and hold us harmless against third party claims, including fines and reasonable costs of legal defense, arising from your breach of section 7, from content provided without the necessary rights, or from using FAMMRO towards your customers without the necessary information or consent.We inform you without delay about such claims and coordinate the defense with you.

14Force majeure

We are not liable for events beyond our control, such as natural events, war, strikes, official orders, attacks on the internet or outages of data centers and networks of our providers.Our obligations are suspended for the duration of the event.If it lasts longer than 30 days, both parties may terminate the contract.

15Confidentiality and data protection

15.1Both parties treat confidential information of the other party received under the contract as confidential and use it only for the contract.This obligation continues for three years after the end of the contract.

15.2Where we process personal data on your behalf, the Data Processing Agreement applies.It becomes part of the contract when you accept these Terms.Our Privacy Policy applies to data for which we are responsible ourselves.

16Changes to these Terms

16.1We may change these Terms for the future if this is necessary because of changes in law, case law, platform provider requirements, new features or security requirements and the change does not unreasonably disadvantage you.The main services and prices only change under sections 3.2 and 5.5.

16.2We send you the changed Terms by email at least six weeks before they take effect.If you do not object in text form before they take effect, the changes are deemed accepted.We point out this consequence, your right to object and the deadline separately in the notice.If you object, both parties may terminate the contract as of the effective date, otherwise the previous Terms continue to apply.

17Final provisions

17.1Declarations concerning the contract may be made by email.We may inform you at the email address of your account and via the console.

17.2We may transfer the contract with all rights and obligations to a business that continues our operations, for example after a conversion into a company.You may only transfer rights under the contract with our consent.

17.3Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules.The exclusive place of jurisdiction is the court in Linz competent for the subject matter.We may also sue you at your general place of jurisdiction.

17.4If a provision is invalid, the remaining provisions remain valid.It is replaced by a valid provision that comes closest to the economic purpose.

17.5These Terms exist in German and English.In case of discrepancies the German version prevails.