Terms of service

Last updated: June 2026

§ 1 Scope

These terms govern all contracts on the use of the software “kreativ.mind” (“the software”) between the operator (see imprint, “we”) and the users (“you”). kreativ.mind is aimed exclusively at businesses within the meaning of § 1 of the Austrian Commercial Code (UGB), i.e. persons using the software for their professional or commercial activity. Use as a consumer is not intended. Deviating terms of the user only apply if we expressly agree to them in writing.

§ 2 Services

kreativ.mind is a software-as-a-service solution for service businesses: managing inquiries, clients, bookings, contracts, appointments, messages and documents. The current feature scope follows from the service description on the website and the selected plan. We develop the software continuously; individual features may change as long as the core purpose is preserved. The software provides tools (e.g. contract templates and digital signing) but does not replace legal or tax advice.

§ 3 Plans

kreativ.mind comes in two plans: Free: at no cost, for trying things out and for very small businesses. Feature scope and usage quotas are limited; the applicable limits are shown in the plan overview on the website. Pro: paid, billed monthly or yearly at your choice, with the full feature set per the plan overview. You can switch plans at any time. When switching from Pro to Free, the Free limits apply from the end of the current billing period. A switch to a paid plan only happens through your active consent, never automatically. Fair use: Free and Pro are designed for the ordinary business operations of small and medium-sized businesses. In the event of excessive use far beyond that (for instance exceptionally large data or client volumes), we reserve the right to review the usage. In that case we will contact you to agree on a suitable solution together. For larger companies with individual requirements and custom quotas, an Enterprise plan is envisaged. Use at that scale is not covered by Free or Pro.

§ 4 Registration and account

An account is required to use the software. You must provide accurate information when registering and protect your credentials (password, passkeys) from access by third parties. Accounts are not transferable. Actions taken via your account are attributed to you insofar as you are responsible for the misuse. Notify us immediately if you suspect unauthorized access.

§ 5 Prices and payment

The Free plan is free of charge. For the Pro plan, the prices shown on the website apply. Billing is monthly or yearly at your choice, in each case in advance. Price changes are announced at least 30 days in advance and take effect from the next billing period. If you do not agree with a price change, you can cancel as of the end of the current billing period. Unless stated otherwise, all prices are exclusive of any applicable VAT.

§ 6 User obligations

You warrant that you use the software exclusively in the course of lawful business activity. In addition, you will: - not store or send unlawful content, - store only files in the document storage whose possession and use is lawful and to which you hold the necessary rights, - not use the messaging feature for unsolicited advertising (spam), - not upload malware or circumvent security mechanisms, - respect third-party rights (copyright, trademarks, personality rights). For the content you create in kreativ.mind (in particular the data of your own clients), you remain the controller under data protection law. You ensure you are entitled to process this data lawfully. In the event of violations (in particular use for unlawful business), we may suspend or deactivate your account after prior warning; in the event of serious violations or imminent danger, without prior warning. A suspension does not affect your obligation to pay fees already due.

§ 7 Digital signatures

kreativ.mind provides a process for signing documents electronically: the signer is verified via an email code, and the date and time of signing are recorded (simple electronic signature within the meaning of the eIDAS Regulation). You are responsible for the content of the signed documents, their legal suitability for the respective purpose and the choice of your contracting partners. We owe the technical process, not the legal validity of individual contract terms. Note that certain transactions may be subject to stricter form requirements (e.g. notarial deed).

§ 8 Availability and maintenance

We strive for high availability of the software but do not owe a specific minimum availability. Maintenance, updates and outages may cause temporary interruptions. Where possible, we announce longer planned maintenance windows in advance. We back up data regularly. This does not affect your duty to additionally store business-critical documents (e.g. signed contracts) locally.

§ 9 Liability

We are liable without limitation for damage caused by intent or gross negligence and for personal injury. In cases of slight negligence, we are liable only for the breach of essential contractual obligations (obligations whose fulfillment makes the performance of the contract possible in the first place), limited to the damage typically foreseeable for this type of contract and capped at the fees you paid in the preceding twelve months. Liability for lost profit, indirect damage and consequential damage is excluded in cases of slight negligence. For free-of-charge use (Free plan), we are liable only for intent and gross negligence. Mandatory statutory liability provisions remain unaffected.

§ 10 Term and termination

The contract runs for an indefinite period. You can cancel at any time as of the end of the current billing period: with monthly billing at the end of the month, with yearly billing at the end of the contract year. The Free plan can be ended at any time. We may terminate with 30 days' notice; the right to suspend under § 6 remains unaffected. After the contract ends, you can export your data within 30 days or receive it from us on request. After that, we delete your account and content unless statutory retention obligations apply.

§ 11 Data protection

Information on the processing of personal data can be found in our privacy policy. Where we process personal data of your clients on your behalf, we conclude a data processing agreement pursuant to Art. 28 GDPR on request.

§ 12 Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, to the extent legally permissible, the competent court at the operator's seat. We may amend these terms with effect for the future. Amendments are announced by email at least 30 days in advance; if you do not object before they take effect, they are deemed accepted. We will point this out separately in the announcement. Should individual provisions be invalid, the remainder of the contract remains in effect.