Terms of Use

Terms of Use

These Terms of Use govern the use of the SaaS service „TheY CRM / Kunden-Support CRM“ provided by The-Y e.U. They apply as of the stated date; material changes are announced appropriately. This is a courtesy translation — the German version is authoritative.

1. Provider & Scope

The provider is The-Y e.U., Thomas Nuri Yilmaz, BSc, Senefeldergasse 25, 1100 Vienna, Austria (company register no. FN 631789b, Commercial Court Vienna), office@the-y.at. These Terms apply to the provision and use of the service towards business customers (entrepreneurs within the meaning of the Austrian Commercial Code; not consumers). Deviating terms of the user apply only with express consent.

2. Description of Services

TheY CRM is an all-in-one CRM and support system for business customers. It bundles customer communication across multiple channels in a shared inbox (including email, the WhatsApp Business Platform, Facebook Messenger, Instagram, SMS, web chat and an integrated telephony/phone system) and further comprises functions for customer and sales management (contacts, companies, deals), invoices, quotes and accounting features (section 4a), marketing campaigns, tasks as well as appointments/bookings, a knowledge base, automations, team and working-time management, analytics and optional AI-assisted functions. AI functions — where used — are operated via an access to an AI provider (e.g. Anthropic, OpenAI, Google) supplied by the user themselves („bring your own key“); without the user's own access, the AI functions are not available. The service is provided either as a hosted variant (free within a defined scope) or self-hosted under licence. The scope of functions, free allowances and individual modules (e.g. the integrated telephony) are rolled out gradually and may change — particularly during the alpha/beta phase; not all functions are available in every phase or every plan.

3. Registration & Account

Registration may be required in order to use the service. The details provided must be truthful and up to date. Access credentials must be kept confidential; the user is responsible for all activity under their account. Any suspected misuse must be reported without delay to office@the-y.at.

4. Permitted Use & User Obligations

In particular, the user undertakes:

The user is responsible for the content and lawfulness of the messages sent via the service.

4a. Accounting Features (Invoices, Payments, Receipts, Overviews, Exports)

(1) The service provides tools that allow the user to record, keep, evaluate and hand over to their tax advisor their own invoices, payments and receipts (e.g. income and expense journal, VAT overview, exports in DATEV, BMD or CSV format, e-invoices). These features facilitate the user’s own record-keeping.

(2) No tax or legal advice. The-Y does not provide tax advice, bookkeeping services or legal services within the meaning of the applicable professional regulations (in particular the Austrian WTBG 2017 and BiBuG 2014 and the German StBerG and RDG). Suggestions made by the software (e.g. tax case, tax rate, category, form code, account, reminder text) and notes on mandatory invoice details are based on general, fixed rules and do not replace an assessment of the individual case. Decisions on the content of invoices, the tax treatment of transactions and the filing of returns are made solely by the user or their tax advisor. The-Y’s support only answers questions about operating the software.

(3) Responsibility for records. The user remains solely responsible for the completeness, accuracy and timeliness of their records, invoices, VAT returns and tax returns and for compliance with the regulations applicable to them (e.g. mandatory invoice details, cash register obligations, process documentation). Overviews and calculated values (e.g. VAT payable) are previews for checking purposes; The-Y does not transmit any data to tax authorities.

(4) Tax rates and formats. The-Y maintains tax rates, thresholds and export formats to the best of its knowledge and updates them regularly. No guarantee is given for completeness and timeliness, in particular in the event of short-notice changes in the law, or for the acceptance of export files by third-party software (e.g. DATEV, BMD); the user checks exports before use or has them checked by their tax advisor.

(5) Retention. Statutory retention obligations are the user’s responsibility (e.g. seven years in Austria under Section 132 BAO; in Germany six, eight or ten years depending on the document under Section 147 AO). The user can create a complete export of their invoices, receipts and records at any time; before an account containing issued invoices or receipts is reset or deleted, the service requires this retention package to be downloaded. The user keeps the export themselves. After a deletion initiated by the user or after the end of the contract, restoration by The-Y is not possible. For self-hosted installations, the user is solely responsible for backups and retention.

(6) The-Y’s liability is governed by section 8.

5. Licence, Founder Price & Refund (self-hosted)

For the self-hosted variant, the user is granted a simple, non-exclusive, non-transferable right of use subject to the respective licence terms. Without express permission, any transfer, sub-licensing, modification beyond the licensed scope, or reverse engineering is not permitted.

Founder price: The paid edition („The-Y CRM Founder Licence“, business customers / B2B only) is offered at a permanent €10.00 per billing month as the total amount payable to The-Y (any applicable VAT included; under the reverse-charge procedure no Austrian VAT is shown). The later regular price is €20.00 per billing month. With the first successful, non-refunded payment, your company permanently secures the right to activate — or later re-activate — at the €10 price („€10 forever“); an active subscription is required for use. The licence key for the self-hosted installation is available and is sent to the Founder by email after purchase; a self-hosted installation is thus possible immediately. Server, hosting and external provider costs are not included.

Voluntary refund: As the product is sold to entrepreneurs (B2B), no statutory consumer right of withdrawal applies. The-Y nevertheless voluntarily grants a 14-day return right from the first payment: on request, the qualifying payment is refunded in full to the original means of payment (the Founder right then lapses). The subscription can be cancelled at any time (e.g. via the Stripe customer portal); use then ends at the end of the paid period, while the permanent re-activation price right is retained.

Lifetime licence (one-time purchase): In addition to the Founder licence, The-Y offers the self-hosting licence as a lifetime licence for a one-time payment (currently €240.00 during Alpha and Beta, €480.00 from the Live release; total amount payable to The-Y, any VAT included; under reverse charge no Austrian VAT is shown). Sold to businesses (B2B) only. The lifetime licence is not limited in time and covers the same scope as the Founder licence (one company, one tenant, one production deployment with any number of nodes, one test/staging environment, all features without product-side limits) plus updates, new features and security fixes for as long as The-Y provides them for the product. „Lifetime“ refers to the lifetime of the product The-Y CRM, not of the user; there is no entitlement to further development, specific future features or a minimum period of provision (see sections 6–8). Not included: hosting, server/cloud costs and email, SMS, SIP/telephony and AI provider costs; an account hosted by The-Y remains on the Free plan with its usage limits. The rules on binding to the company, transfer only on legal succession and lenient proof apply accordingly.

Returns and partner codes: For direct purchases from The-Y the voluntary 14-day return right applies accordingly; on refund the lifetime licence lapses. For purchases via a distribution partner (e.g. AppSumo) the partner’s payment and refund terms apply; a refund or chargeback there deactivates the redeemed code and the associated licence. Any refund or chargeback of the payment ends the lifetime licence. A code purchased via AppSumo is redeemed in a The-Y CRM account; on redemption the lifetime licence is issued (licence key in the app and by email). Each code can be redeemed once; the licence is bound to the redeeming company.

Free licence (self-hosted, free of charge): Users with an account on crm.the-y.at can create one free licence key per company in the app. It has the same features and usage limits as the free hosted edition (currently 3 users, 1,000 outgoing messages and 200 outgoing call minutes per calendar month, 2 GB storage, one brand, no own branding); receiving is never limited. No support. The licence check transmits only the licence key, an installation identifier (e.g. its domain) and the program version; The-Y stores time and IP address of the check. In addition, while an administrator is using it, the installation asks crm.the-y.at at most every 6 hours whether a newer program version is available; apart from the IP address and technical connection data, nothing is transmitted. Depending on how the installation is set up, program updates are obtained from Docker Hub (Docker, Inc.). Your data stays on your server. The-Y may change or end the free licence with at least 30 days’ notice by email or in the app; on breach (e.g. circumventing limits or the licence check) it may be suspended immediately. Afterwards the installation becomes read-only; data stays readable and exportable. Switching to a paid licence is possible at any time by entering the new key.

Discontinuation: If The-Y permanently shuts down the licence server, The-Y will first provide a final update with which all self-hosted installations (free, Founder and lifetime licences) can continue to run indefinitely without a licence check and without product usage limits. Your data stays with you anyway.

6. Availability

We endeavour to achieve high availability but do not owe it as a warranted characteristic in the case of free use or during beta phases (no SLA). Maintenance, updates and further development may lead to temporary restrictions. Depending on the functions used, the service integrates third-party platforms (e.g. Meta/WhatsApp, email, SMS, telephony and AI providers); their availability and terms are beyond our control.

7. Warranty & Disclaimer

The service is provided „as is“ — in particular in the case of free use or during beta phases. To the extent permitted by law, we give no warranty of uninterrupted, error-free availability or fitness for a particular purpose.

8. Limitation of Liability

We are liable without limitation in cases of intent and gross negligence. In the case of slight negligence, we are liable only for breach of material contractual obligations and limited in amount to the foreseeable damage typical for the contract. Liability for indirect damage, consequential damage, lost profit or loss of data is excluded to the extent permitted by law. Mandatory statutory liability (in particular for personal injury and under the Product Liability Act) remains unaffected.

9. Data Protection

The processing of personal data is described in the Privacy Policy. Where The-Y e.U. processes data on behalf of the user, the provisions of a data processing agreement (Art. 28 GDPR) apply in addition.

10. Term & Termination

The user may end their use at any time. We are entitled to restrict or terminate access in the event of breaches of these Terms or of the requirements of Meta/WhatsApp. For the free licence, the notice and suspension rules in section 5 apply in addition. Provisions on the deletion of data can be found in the data deletion instructions.

11. Changes to the Terms

We may amend these Terms of Use, for instance due to changes in the legal situation, platform requirements or scope of functions. Changes will be announced in an appropriate manner. Continued use after the changes take effect constitutes acceptance.

12. Applicable Law & Place of Jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. For disputes with entrepreneurs, the court with subject-matter jurisdiction in Vienna is agreed as the place of jurisdiction, to the extent permitted.

13. Contact

The-Y e.U., Senefeldergasse 25, 1100 Vienna, Austria · office@the-y.at

Note: This English text is a courtesy translation and does not constitute legal advice; in case of doubt the German version prevails.

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