General terms and conditions of business for clients using the portal

§ 1 - General / Scope

(1) The online platform www. is operated by the

Yoummday GmbH

represented by the managing directors

Dr Klaus Harisch, Pablo Harisch, Frank Moser and Claas van Delden

Infanteriestrasse 11A, 80797 Munich

Phone: +49 89 231660000


- hereinafter referred to as "yoummday" -

(2) The entire use of the www. portal, including all services, other services and deliveries, is based exclusively on the following General Terms and Conditions. Deviating terms and conditions of the customer are not accepted.

Unless these Terms and Conditions are provided in writing, they are available at www.

(3) yoummday is entitled to develop or change these terms of use at any time and without justification for the future. yoummday will notify all registered customers of the amended Terms of Use by email at least 15 days in advance, unless yoummday is under a special legal obligation or needs to address unforeseen and imminent cybersecurity risks. In case the customer does not object to the new terms of use within two weeks from receipt of the notice, the new terms of use shall be deemed agreed. In case of objection, the previous terms of use will continue to apply as agreed. In this case, yoummday is entitled to terminate the user contract without further justification with a notice period of two weeks. In case of termination, access to the account of the registered user will be blocked.

§ 2 - Description of services

The portal www. enables its registered users to provide communication services via telecommunication equipment. In this respect, yoummday offers its users the following services:

(1) Self-service

The product " Self-Service " enables registered customers to book telecommunication service providers (hereinafter referred to as "talents") registered on the portal www. as service providers. To this extent, connections are made for

  • Inbound,
  • Outbound/Sales and
  • Webchats made possible.

On behalf and in the name of the talents, yoummday shall take over the billing of the services rendered by them vis-à-vis the customer. In this respect, yoummday invoices the customer on behalf of and in the name of the talents and accepts their payment on a fiduciary basis on behalf of the talents and forwards those amounts of money to the talents that have been used through the service. yoummday acts on behalf of the talents within the scope of accepting payments with their power of attorney to receive money.

For this service, yoummday receives from the client a commission fee of 29% plus VAT on the net fees (excluding VAT) invoiced between the client and the talent.

Details of this are set out in § 5 para. 2 of these General Terms and Conditions.


  • Within the scope of the "Self-Service" product, yoummday is not a contractual partner of the services offered, but merely the technical interface between Talent and customer. yoummday is never itself obliged to provide the service agreed between Talent and customer.
  • Within the scope of the "Self-Service" product, yoummday is not a contractual partner of the services offered, but merely the technical interface between Talent and customer. yoummday is never itself obliged to provide the service agreed between Talent and customer.
  • The conclusion and performance of the service contract agreed between the client and Talent shall be governed by the General Terms and Conditions mutually accepted between these parties, unless otherwise provided for in these General Terms and Conditions.

(2) Managed service

As part of the "Managed Service" product, yoummday offers registered customers the possibility to outsource the management of their virtual contact centre. In this respect, yoummday offers the following services:

  • Selection of suitable profiles for the client's project,
  • Use of intelligent motivational mechanisms,Control according to qualitative and quantitative key performance indicators (KPIs) specified by the client.

In addition, further services such as VACD, VPN, workforce management, verification using geodata or the use of Yoummday AI systems (emotion recognition, speech-to-text, typing recognition, speaker recognition) can be individually agreed.

For the use of this product, the conclusion of a separate framework agreement on the provision of a managed service of the customer with yoummday is required. The fee structure of the services is agreed individually in the framework agreement. Attached to this framework agreement is a service certificate, from which the exact scope of services results. In addition, the conclusion of an order processing contract is necessary, which contains precise regulations on the collection, storage and processing of personal data, taking into account German and European data protection law. In particular, a detailed list of the technical and organisational measures under data protection law as well as a contract processing agreement or, if applicable, a standard clause agreement for the subcontracting of talents are attached to this order processing agreement as appendices.

§ 3 - Registration with "Self-Service

(1) Within the framework of the "Self-Service" product, the prior registration of the customer on the www. portal is necessary. By completing the registration, the customer accepts the terms of use according to these general terms and conditions. The customer is thereby entitled to use the platform www. under the regulations made in these General Terms and Conditions for the use of the services offered on

(2) yoummday only accepts companies and public corporations as customers, but not consumers. Companies in the sense of this regulation are in particular:

  • Merchants (e.g. sole traders, commercial partnerships, corporations) as well as
  • Members of the liberal professions (e.g. doctors, lawyers, tax consultants, auditors).

As proof of entrepreneurial status, the customer is obliged to provide his current VAT identification number when registering. For companies whose registered office is outside the territory of the European Union, proof can also be provided by stating a D-U-N-S identification number.

(3) When registering, the customer is obliged to provide the requested data, in particular complete address data and e-mail address, in an up-to-date and correct manner.

The customer is liable for the correctness of the information provided during registration as well as for its completeness. If yoummday discovers or suspects that the information provided is incorrect or incomplete, yoummday is entitled to delete the account in question without prior notice and without setting a grace period and to terminate any existing contracts without notice.

(4) The registration is completed as soon as the customer completes the registration with the registration button. By completing the registration, the customer makes an offer to conclude a contract for the use of the portal www. under the conditions of these General Terms and Conditions. Upon receipt of the confirmation email from yoummday, the contract for the use of the portal www. is concluded under the terms and conditions of these General Terms and Conditions.

(5) Any use of the Portal, in particular the use of the services offered on yoummday, shall then be subject to the terms and conditions of these General Terms and Conditions.

(6) The customer has no right to registration. yoummday is entitled to refuse the offer of registration without giving reasons.

(7) Upon registration, the customer is entitled and also obliged to use the portal exclusively for himself. Passing on registration data for the use of the portal by third parties is prohibited. If the registered customer's data changes, he/she is obliged to make the change in the portal without delay.

(8) With the help of his name or his e-mail address as well as the password chosen by himself, the customer can log in to the portal at any time via the button "Login". In the "My Account" area, the customer will then have access to his/her personal or other data that he/she has provided to yoummday or that are generated in the course of using these services.

(9) The registered customer is liable for all services commissioned via his registration account. This applies in particular to companies that make their account available to their employees. The respective company is responsible for ensuring that all users of the registration account are authorised to use the account. There is no obligation on the part of yoummday to check this.

(10) By registering, the customer authorises yoummday to pass on his data to the selected talent. yoummday is also entitled to send newsletters and advertising information to the customer, provided that the customer has expressly agreed to this during registration.

(11) The registered customer is only not liable for the services ordered under his account if he has informed yoummday in time about the loss of the access data or other suspicions of abuse. Multiple registration is prohibited.

(12) With the conclusion of the registration, a contract of use for the use of the portal www. is concluded for an indefinite period of time. The contract begins with the activation of the account. Both parties are entitled to terminate the contract of use at any time with a notice period of two weeks. All mutual rights and obligations continue to exist until termination. Payment obligations already entered into shall continue to exist after termination. In case of termination by yoummday, yoummday is obliged to repay any credit balance. This does not apply in case of termination by the customer. The right of termination without notice for both parties remains unaffected.

(13) A right to termination without notice exists in particular in cases of submission of an inadmissible rating, entry of incomplete or incorrect data for registration and/or in the event of default in payment and/or in the event of other breaches of duty by the customer within the scope of use of the portal.

(14) Termination is permitted by e-mail, fax and in writing.

§ 4 - Offers and conclusion of contract for "self-service

(1) All service offers on the www. portal merely represent a non-binding invitation to submit offers by the customer.

(2) To book a service, it must be triggered by clicking on the desired service at addservice.

(3) yoummday transmits the booking data to the talent. The contract is concluded as soon as the booked talent confirms the contract to yoummday. yoummday forwards this contract confirmation to the customer. Thus, the contract is concluded by this e-mail confirmation. yoummday acts in authority and on behalf of the selected talent.

(4) With the confirmation by e-mail, a contract is concluded between the customer and the selected talent on the terms offered.

(5) yoummday is not liable for the correctness of the information provided by the selected talent. Within the framework of hosting the service offer, yoummday assumes a plausibility check, but liability for this only exists in the case of gross negligence and intent.

§ 5 - Prices and terms of payment for "Self-Service

(1) For the product "Self-Service", fees for the respective booked talent as well as a fee for yoummday are incurred.

The amount of the fee for a Talent shall be based on the price individually agreed between a Client and a Talent. In this respect, the parties may agree on a price that depends on the time the talent has actually spent on the phone on behalf of the client. In this respect, each commenced minute shall be decisive.

Special payment models can be additionally agreed between the customer and Talent. These include, for example:

  • Success models (in particular special payments for successful contract conclusions of the talent for the benefit of the client),
  • Supplements for work on Sundays and public holidays as well as night work.

(2) yoummday receives a commission of 29% plus VAT on all sales made by the customer with a talent. The basis of assessment for this commission is the net price agreed between the customer and the talent (excluding VAT). The net fee invoiced by yoummday on behalf of and in the name of the talent is decisive. The invoices are regularly issued on every third working day of a month for the previous month.

(3) The customer accepts in principle that he is obliged to pay in advance. Via the selected means of payment, he/she receives a payment credit via his/her advance performance obligation, which is claimed through the use of the service by the selected talent.

(4) After consumption of the payment credit, yoummday is entitled to make the further provision of its services dependent on a further payment in the form of replenishment of the payment credit. The talent also has the right to consume the entire payment balance through its services.

(5) The repayment of unused payment credits takes place exclusively after prior request by the customer. In the event of a request for repayment, the existing payment credit will be refunded within three months. yoummday is entitled and obliged to choose the same repayment method as the payment was made.

(6) The customer is offered the following online payment services for payment:

  • Referral,
  • PayPal.

(7) yoummday acts within the scope of the acceptance of payments via the selected means of payment with the talent's power of attorney to receive money. yoummday forwards received amounts of money to the talent in accordance with the use of the service, deducting its commission. Unused prepayment credits are held in trust by yoummday. The credit is also available to the customer for the use of other talents who offer their services on the platform. A claim for repayment of the prepaid fees does not exist in principle, unless yoummday would discontinue its service altogether.

(8) The aforementioned clause shall not apply in the event of revocation of the contract. In the event of revocation of the contract within the statutory time limits, the customer shall be entitled to a refund of the amount paid.

(9) yoummday is entitled and obliged to choose the same repayment method by which the payment was made.

(10) In individual cases, yoummday will check whether a contractual relationship is entered into with the customer on an invoice basis. This applies in particular to a longer business relationship or to customers who book more than 10 talents within the scope of an order.

§ 7 - Termination charges

Additional termination charges apply for outgoing calls and diverted calls. The daily termination charges can be called up at any time in your customer portal.

§ 8 - Liability for material defects and defects of title within the scope of the "Self-Service" product

(1) Within the scope of the product "Self-Service", yoummday is not a service provider and is therefore not liable for material and legal defects of the booked service. The booked talent is solely responsible for this.

However, by offering its service on the portal www., the latter guarantees that its service is free of defects in accordance with the general standards of its service and the contractual specifications. The statutory warranty period shall apply.

The talent ensures compliance with all legal requirements, in particular telecommunications law, the Federal Data Protection Act, tax laws, as well as the proper payment of VAT.

(2) The customer's warranty claims shall be limited to rectification of defects or replacement delivery at the discretion of the booked Talent. Further claims for damages are excluded, this applies in particular to consequential damages.

(3) If two attempts at subsequent performance are unsuccessful, the subsequent performance shall be deemed to have failed. The customer shall then be entitled to the rights provided by law for this case. The right of withdrawal is excluded if there is only a minor defect. Minor defects are deemed to exist in particular if the usability of the goods or services is not impaired.

(4) Further claims of the customer, irrespective of the legal grounds, are excluded. Neither yoummday nor the booked talent are liable for damages that did not occur to the service itself. In particular, yoummday and the booked talent are not liable for loss of profit or for other financial losses of the customer. This limitation of liability does not apply if the cause of damage is based on intent, gross negligence or fraudulent conduct or if personal injury is involved. If claims for damages are then given, these shall become statute-barred one year after completion of the service. The prerequisite for all warranty claims of the customer is that the customer provides all reasonable cooperation in the elimination of the defect, in particular notifies the defect in a comprehensible form immediately after it is detected. If the client reports a defect that is not a defect or for which the client is responsible, the client of the booked talent shall be liable for the costs incurred as a result, insofar as the client has acted negligently.

(5) The talent shall be exclusively responsible and passively entitled for any warranty claims, claims for damages, claims for repayment of the fee paid with regard to the booked service. Any claims of the client shall be directed against the talent.

§ 9 - Rights of use

If the subject matter of the service is a transmitted linguistic work or other intangible legal asset, the booked Talent shall only transfer to the Client a simple, non-transferable, non-sublicensable and non-rentable right of use.

§ 10 - Reservation of use Offsetting

(1) Within the scope of the "Self-Service" product, the customer is only entitled to use the services used as long as a payment credit is available.

(2) For both the "Self-Service" product and the "Managed Services" product, the customer shall only have a right of set-off if the counterclaims are legally established, undisputed or recognised.

(3) Likewise, rights of retention exist for all products only if the claim and counterclaim are based on the same contractual relationship. If the customer is in default with a payment obligation towards yoummday, regardless of the legal reason, all existing claims become due immediately.

§ 11 - Third party rights

(1) Both the customer and the talent are responsible for ensuring that they do not infringe any third party rights with their offers. In case of infringement, the infringing party is liable to the other party and possibly to yoummday for any damages incurred, in particular consequential damages.

(2) All data and information exchanged between the booked Talent and the Client, even if not expressly designated as such, shall be considered strictly confidential and may only be used within the framework of the contract to achieve the purpose of the contract.

The confidential information shall be kept strictly secret and shall not be disclosed to third parties. The confidential information may only be used insofar as this is urgently required for the purpose of the contract.

The contracting parties are prohibited from any use and exploitation of the information, data and documents that does not correspond to the purpose of the business relationship.

All confidential information may not be published, used commercially or exploited in any other way.

§ 12 - Limitation of liability

(1) Both yoummday and the booked talent are liable for damages arising from injury to health, life or body in case of intent, gross and slight negligence of their legal representatives and/or their vicarious agents, for all other damages arising from contractual or non-contractual breaches of duty only in case of gross negligence and intent of their legal representatives and/or vicarious agents. Both yoummday and the booked talent are not liable for tort claims in case of careful selection of their vicarious agents.

(2) Exclusions of liability under these General Terms and Conditions do not apply to claims under the Product Liability Act.

(3) yoummday is only liable for loss of data in the event that yoummday has grossly negligently or intentionally omitted reasonable, regular and technically customary data backup measures.

(4) Any limitation of liability shall not apply if express warranties have been assumed.

§ 13 - Complaint management

(1) yoummday provides its registered users with an internal complaints management system to enable fast and effective dispute resolution. Within this framework, any registered user is entitled to raise complaints about non-compliance with legal obligations, technical problems and actions or behaviour of talents, customers or yoummday.

(2) Any complaint must be sent by e-mail to yoummday. For this purpose, the e-mail address must be used. The complaint must contain the complainant, the exact facts of the case, in particular the alleged inadequacies, defective services or other grounds for complaint, as well as the person against whom the complaint is directed.

(3) If the complaint is against another user, yoummday will immediately forward this complaint to the other party. The other party will then have the opportunity to respond to the complaint to yoummday within 7 days. yoummday will then decide on the complaint in good faith as soon as possible in the normal course of business. The decision will then be clearly and understandably justified by yoummday and communicated to both parties.

(4) If the complaint is directed against yoummday, yoummday will respond to the complaint within 7 days at the latest. If yoummday considers the complaint to be justified, it is obliged to cease the conduct challenged by the complaint and to remedy its consequences.

(5) If a party does not agree with a decision, he or she can also turn to a mediator for a quick and effective dispute resolution. Through our cooperation with experienced conflict experts and mediators from the Bundesverband E-Commerce und Versandhandel bevh e.V. (German E-Commerce and Distance Selling Trade Association), we offer the possibility of settling disputes satisfactorily without having to initiate court proceedings, which can be lengthy and costly.

The bevh mediators come from a business environment, have extensive experience with conflicts between companies and are certified in accordance with the requirements of the Mediation Act. The bevh neither influences the mediation nor is it informed about the outcome of the proceedings. You can find the mediation rules here.

Further information on the mediation process, the costs and the bevh mediators can be found here.

(6) yoummday is entitled to charge the complaint management expenses to the losing party according to the usual rates. If yoummday requires the assistance of third parties for the handling of the complaint, the losing party is also obliged to reimburse yoummday for the corresponding costs.

§ 14 - Applicable law, place of jurisdiction, partial invalidity

(1) These terms and conditions and the entire legal relationship between yoummday and the customer shall be governed by the laws of the Federal Republic of Germany.

(2) If the customer is a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. yoummday is, however, also entitled to file suit at the customer's place of business.

(3) Should any provision of these Terms and Conditions or any provision within the scope of other agreements be or become invalid or incomplete, this shall not affect the validity of all other provisions or agreements.

Status: 1 October 2022