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

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

- hereinafter referred to as "yoummday" -

(2) The entire use of the www. yoummday.com 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. yoummday.com.

(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.

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

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

In this respect, yoummday acts merely as an online marketplace on which the talents can offer their various services, in particular from the area of communication services via telecommunication systems, as well as customers can offer their orders. The portal www. yoummday.com provides the platform for the presentation and advertising of these offers as well as for the conclusion of the contract by accepting the declarations of the talents and the customers. In detail, yoummday provides the following services:

yoummday mediates via the portal www. yoummday.com the conclusion of the contract between the respective Talent and the Client for the agreed service. The portal www. yoummday.com is thus only the platform for the presentation and advertising of the offers of the talents and clients.

yoummday accepts bookings on behalf of the respective talent and ensures the proper processing of the service. yoummday takes over possible reversals of contracts and the entire complaint management.

yoummday is the communication interface for the implementation of the talent service. 

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.


The client or the talent is solely responsible for the content and description of the service offers, in particular their quality.


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.

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,

Design and delivery of online training for the client's products or services,

Monitoring and coordinating the talent deployed in their daily work,

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.

(1) Within the framework of the "Self-Service" product, the prior registration of the customer on the www. yoummday.com 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. yoummday.com under the regulations made in these General Terms and Conditions for the use of the services offered on yoummday.com.

(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. yoummday.com 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. yoummday.com 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. yoummday.com 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

General terms and conditions of business for clients using the www.yoummday.com portal