General Terms and Conditions for the Use of the Portal for Customers
§ 1 – GENERAL / SCOPE
1. Operator of the platform
The online platform www.yoummday.com is operated by Yoummday GmbH represented by its managing directors Dr Klaus Harisch, Pablo Harisch, Claas van Delden and Benjamin Tüzen
Infanteriestraße 11A, 80797 Munich, Germany
Telephone: +49 89 231660000
Email: [email protected] – hereinafter referred to as “yoummday” –
2. yoummday business model and scope of these T&Cs
Yoummday GmbH provides innovative, technology-based customer service solutions and operates a digital platform at the internet address www.yoummday.com which efficiently connects businesses (“Customers”) with self-employed service providers (“Talents”) (the “yoummday Marketplace”). Talents are self-employed entrepreneurs who offer and perform their services to businesses on the yoummday Marketplace. In doing so, the Talents work from their own office premises. Customers are businesses which use the yoummday Marketplace in order to procure the services offered by yoummday and the Talents. The use of the yoummday Marketplace, including all services provided through it, shall be governed exclusively by the following General Terms and Conditions.
Any deviating terms and conditions of the Customer shall not apply. In the event of a conflict between these T&Cs, the framework agreement or a service specification (Leistungsschein), the expressly agreed provisions of the framework agreement and the service specifications shall take precedence over these T&Cs.
3. Provision in electronic form
Unless these General Terms and Conditions have been transmitted in writing, they are available at all times at www.yoummday.com.
4. Amendments to the terms of use
(1) yoummday shall be entitled to amend these terms of use with effect for the future where this is occasioned by a change in the law, in the case law of the supreme courts or in regulatory requirements, where it serves to adapt the terms to technical or operational further developments of the platform or to close regulatory gaps, or where it is necessary to avert security risks, and provided that the Customer is not thereby placed at an unreasonable disadvantage.
The Customer shall be notified of amendments in text form (e.g. by email) at least thirty (30) days before they take effect, unless a shorter period is required by statutory provisions or in order to avert unforeseen cyber security risks.
(2) If the Customer does not object to the amendments within thirty (30) days of receipt of the notification, the new terms of use shall be deemed accepted. In the notice of amendment, yoummday shall draw the Customer’s attention separately to the time limit, to the right to object and to the fact that its silence shall be deemed to constitute consent.
If an objection is raised in due time, the existing terms shall remain in force; yoummday shall, however, be entitled to terminate the usage agreement upon two (2) weeks’ notice. Upon the termination taking effect, access to the customer account shall be blocked.
§ 2 – DEFINITIONS
End Customers: are the customers (consumers) to whom the communication and service offerings of the Talents are actually provided.
Services: are all communication, service, support or sales activities offered by Talents, in particular inbound and outbound telephony, sales calls, customer service, support, messaging and chat services as well as comparable activities performed via the platform by the Talents.
Customer: means exclusively an undertaking within the meaning of section 14 of the German Civil Code (BGB) (a legal person, a partnership or another commercial organisation) which registers on the platform in order to use Services provided by Talents, services for the placement of Talents or other ancillary services of yoummday. Consumers within the meaning of section 13 BGB and natural persons who do not act on behalf of an undertaking are excluded from use. The Customer shall evidence its status as an undertaking by means of suitable proof, in particular by providing a valid VAT identification number or – in the case of undertakings established outside the EU – a D-U-N-S number.
Managed Service: means the product model in which yoummday provides to the Customer the management, coordination and quality assurance services agreed in the framework agreement, the service specifications and these T&Cs in connection with the deployment of self-employed Talents. This includes, in particular, the planning, set-up and support of the project on the platform, the selection, composition and steering of suitable Talents, project related quality management as well as reporting and other agreed management functions. In the Managed Service, the substantive and operational performance of the customer interactions is carried out by the deployed Talents as self-employed entrepreneurs; in this respect yoummday does not owe any particular commercial success and does not owe the entirely error-free performance of each individual Talent, unless expressly agreed in writing.
Users: are the natural persons authorised by the Customer to use the platform within the scope of the customer account (e.g. the Customer’s employees). The Customer shall be liable for the conduct of its Users as for its own conduct. Platform: means the online platform www.yoummday.com operated by yoummday GmbH together with all associated technical systems, functions and interfaces by means of which Customers can find, book and manage Talents and their Services and can procure other ancillary services of yoummday. In the Self-Service, the platform serves as the technical and organisational infrastructure for initiating, administering and settling the cooperation between Customer and Talent; it does not give rise to any operational performance of services by yoummday towards the Customer or its End Customers.
Talent: A Talent is a self-employed entrepreneur who offers communication, service, support or sales services to Customers via the platform. In the Self-Service, the Talent enters into service contracts directly with the Customer and performs the services owed in its own name, for its own account and on its own responsibility
a) as a natural person carrying on its own self-employed activity, or
b) as the managing director or owner of an undertaking whose business purpose comprises activities which correspond in substance to the services offered via yoummday.
Talents are not in an employment relationship or a relationship comparable to employment with either yoummday or Customers. They are not employees, staff members, vicarious agents or auxiliary persons of yoummday. Their conduct shall be attributed to yoummday only to the extent that this is mandatorily provided for by law. Talents perform their services on their own responsibility, as independent entrepreneurs and without being integrated into the operational organisation of yoummday or of the Customer.
Talents are entitled to provide their services in parallel for several principals both on and outside the yoummday platform and to offer their services on the market without restriction. Within the scope of the respective projects, and subject to compliance with data protection requirements, they may also engage subcontractors. Neither yoummday nor the Customer shall be entitled to any particular time allocation or personal availability outside individually agreed performance periods.
The parties agree that the activity of the Talents does not give rise to any employment relationship subject to social security contributions and that the Talents are themselves responsible for the proper payment of taxes, levies and social security contributions. Framework agreement or usage agreement: means the agreement concluded between the Customer and yoummday on the use of the platform and – depending on the product model – on supplementary services of yoummday in the Managed Service or in the Self-Service. The usage agreement or framework agreement must be distinguished in law from the service contract concluded in each case between the Customer and the Talent.
Self-Service: means the product model in which Customers independently select Talents via the platform, conclude service contracts with them and procure their Services directly from the Talents. In the Self-Service, yoummday provides exclusively the platform together with any supplementary technical, organisational or administrative support services, but does not itself become a contracting party of the Talents. Service contracts are concluded exclusively between the Customer and the Talent. The Self-Service product model is offered in various variants (Enabled Service, Partner Service and BPO Service).
§ 3 – YOUMMDAY PRODUCT MODELS
yoummday operates a digital platform through which Customers can procure professional services from self-employed Talents in the fields of communication, customer service, support and sales. The platform provides all technical, organisational and billing-related functions envisaged for the planning, performance and steering of telecommunications, service and sales projects.
Depending on the Customer’s requirements, the services are provided under different product models, described below, namely under the Self-Service or the Managed Service.
1. Self-Service
1.1 Scope of services
(1) The Self-Service enables the Customer to select Talents independently via the yoummday platform, to contact them via the platform and to book Services directly from those Talents. The service contract relating to the respective service is concluded exclusively between the Customer and the selected Talent.
(2) The operational performance of the services is carried out exclusively by the Talents as self-employed entrepreneurs on their own responsibility and for their own account. In the SelfService, yoummday neither becomes a provider of the services itself nor does yoummday owe any particular placement success, any particular availability of Talents or any particular performance or quality standard of the Talents.
(3) In the Self-Service, yoummday provides the technical platform and the supporting functions envisaged there, in particular:
• routing, connection and telecommunications systems,
• voice, messaging and chat platforms,
• Talent, project and principal dashboards,
• monitoring, statistics and reporting functions providing transparency as to project related activities,
• technical billing and payment processing in the name and on behalf of the Talents.
In the Self-Service, yoummday does not provide any operational communication, service, support or sales services and assumes no responsibility for the content, scope, quality, lawfulness or success of the services owed by the Talent.
1.2 Ancillary services in the Self-Service
(1) Within the scope of the Self-Service, the Customer may book additional project-related support services which yoummday provides in addition to the use of the platform in order to facilitate the implementation of the project. Such ancillary services serve exclusively to provide technical, organisational or administrative support to the Customer and/or the Talents in connection with the initiation, preparation or accompaniment of a project; they give rise neither to an assumption of the operational performance of services nor to any responsibility of yoummday for success, selection or quality in respect of the services owed by the Talent.
(2) The further support services are offered under the models “Enabled Service”, “Partner Service” and “BPO Service”. The details of these services, such as availability, prices, SLAs, etc., shall be governed by separate agreements between the Customer and yoummday.
1.3 Registration and use of the customer account; termination
1.3.1 Obligation to register
(1) Use of the Self-Service requires the Customer to register in advance on the platform.
(2) Upon completion of registration, the Customer accepts these General Terms and Conditions and acquires the right to use the platform within the scope of these terms.
(3) If the Customer provides incorrect or incomplete information on registration, yoummday shall be entitled to block the customer account provisionally. If the information is not corrected within a period of seven days, yoummday may terminate the agreement for cause.
(4) There is no entitlement to registration. yoummday may refuse a registration in an individual case without stating reasons.
(5) Multiple registrations are not permitted.
1.3.2 Usage agreement in the Self-Service
(1) The usage agreement between yoummday and the Customer is concluded upon completion of the registration and yoummday’s confirmation email. The agreement runs for an indefinite period. By registering, the Customer authorises yoummday to pass on project-related and order-related data to the Talent selected in each case solely for the purpose of performing the services and brokering the contract.
(2) In addition, a data processing agreement (DPA) pursuant to Article 28 GDPR must be concluded. The DPA shall contain, in particular:
• the technical and organisational measures (TOMs),
• provisions on data processing by subcontractors,
• where applicable, standard contractual clauses or comparable safeguards for international data transfers.
(3) Upon conclusion of the usage agreement, the Customer accepts these T&Cs; they shall form an integral part of the usage agreement.
1.3.3 Access credentials and use by third parties
(1) The Customer is obliged to keep its access credentials confidential and to use the platform exclusively for its own business purposes.
(2) The Customer shall be liable for all acts and bookings carried out via its account, including where these are carried out by its employees or other persons authorised by it.
(3) yoummday is not obliged to verify whether the Users of the customer account are internally authorised.
(4) The disclosure of access credentials to unauthorised third parties is prohibited.
(5) If the Customer becomes aware of the loss or misuse of its access credentials, it shall notify yoummday without undue delay.
(6) yoummday shall be entitled to block the Customer’s account temporarily for security reasons where there is reasonable suspicion that access credentials have been disclosed to unauthorised third parties or are otherwise being misused. In such a case, yoummday shall cooperate closely with the Customer in order to clarify the suspicion as quickly as possible.
1.3.4 Termination of the usage agreement
(1) The usage agreement may be terminated by either party at any time upon two (2) weeks’ notice. Payment obligations already incurred at the time of termination shall remain unaffected.
(2) The right to terminate without notice remains unaffected. Termination without noticemay be effected in particular in the event of:
• incorrect or incomplete registration details,
• impermissible ratings,
• default in payment,
• other material breaches of duty.
(3) Termination may be effected in text form (e.g. by email).
1.4 Booking of Services in the Self-Service
(1) The Talents, Services and other information presented or displayed on the platform do not – unless expressly marked otherwise – constitute binding offers by yoummday or by the respective Talent, but serve exclusively as a non-binding invitation to the Customer to submit an offer to conclude a service contract with a Talent.
(2) The Customer’s offer is made by selecting the desired Talent or the desired Service and submitting the booking via the button provided for that purpose (“add service” or similar). The Customer is itself responsible for defining the substance of its requirements and for selecting the Talent which it considers suitable.
(3) yoummday transmits the booking data to the Talent selected by the Customer. The service contract is concluded exclusively between the Customer and the Talent as soon as the Talent accepts the offer; yoummday may receive declarations of the Talent in connection with the conclusion of the contract as a messenger or – where expressly provided for – as the Talent’s representative, and forward them to the Customer. In doing so, yoummday does not itself become a contracting party to the service contract and does not act as the Customer’s representative.
(4) Information regarding Talents, their qualifications, availability or services is generally based on information provided by the respective Talent or on other details made available by the Talent, unless such information is expressly marked as verified by yoummday. In the Self-Service, yoummday is not obliged to review the substance of such information; any review is carried out at most on a random-sample basis or as a plausibility check. yoummday shall be liable for incorrect or incomplete Talent information only in accordance with § 3 no. 1.6.
(5) The service contract is concluded exclusively between the Customer and the Talent. yoummday does not itself become a service provider and, in the Self-Service, gives no warranties or guarantees as to performance, success, selection, availability or quality in respect of the Talent or its Services.
1.5 Prices and payment terms in the Self-Service
(1) Both Talent fees and fees payable to yoummday are incurred in respect of the Self-Service.
The remuneration for the Talent Services is freely agreed between the Customer and the Talent and is invoiced by yoummday in the name and on behalf of the Talent.
(2) yoummday shall receive a commission of 29% plus VAT on the net fees agreed between the Customer and the Talent. Invoicing shall take place on the third business day of the following month.
(3) The Customer is obliged to maintain a sufficient payment balance in the account set up for this purpose by yoummday. The services performed by the Talent shall be deducted directly from that balance.
(4) Once the balance has been used up, yoummday may suspend further use of the Self-Service until the balance is topped up again. The Talent may draw on the balance in full to the extent of the services actually performed.
(5) Unused balances shall be refunded within 30 days at the Customer’s request. Repayment shall be made via the same payment method as the deposit.
(6) The following payment methods are available:
a. bank transfer
b. PayPal
yoummday may add further payment methods.
(7) yoummday accepts payments in the name and on behalf of the Talent on the basis of an authority to receive funds and forwards these to the Talent, after deduction of its commission, in accordance with the remuneration agreed between the Customer and the Talent. yoummday administers unused balances on a fiduciary basis. yoummday does not provide any payment services within the meaning of the German Payment Services Supervision Act (ZAG).
(8) yoummday may involve a payment service provider in the processing of payment claims. In that case, payments shall be processed via the account set up for the Talent with the payment service provider.
(9) The Customer’s statutory rights to reimbursement remain unaffected.
(10) In individual cases, yoummday may permit payment on an invoice basis, in particular in the case of a longer-standing business relationship or the booking of several Talents.
1.6 Liability and responsibilities in the Self-Service
(1) In the Self-Service, the service contract is concluded exclusively between the Customer and the Talent selected in each case. yoummday does not itself become a contracting party to that service contract and does not provide any operational communication, service, support or sales services to the Customer or its End Customers. In the Self-Service, yoummday provides exclusively the platform together with the technical, organisational and billing-related functions envisaged there.
(2) Talents act as self-employed entrepreneurs in their own name and for their own account. They are neither employees nor vicarious agents or auxiliary persons of yoummday. The respective Talent alone is responsible for the content, scope, quality, lawfulness, propriety and timely performance of the services owed by it and is directly liable to the Customer in this respect in accordance with the statutory provisions and the arrangements agreed between the Customer and the Talent.
(3) In the Self-Service, yoummday gives no warranty and no guarantee as to the conclusion, existence, performance or success of a service contract between the Customer and the Talent, nor as to the availability, willingness to perform, suitability, qualification, creditworthiness, contractual fidelity or other conduct of a Talent. Where information regarding Talents, their qualifications or services is displayed on the platform, such information generally originates from the respective Talent or is based on information provided by it, unless it is expressly marked as verified by yoummday.
(4) yoummday shall not be liable for any damage, disadvantage or other detriment resulting from the contractual relationship between the Customer and the Talent or from the performance or non-performance of services by the Talent. This applies in particular to damage arising from defective, delayed, incomplete or unlawful services of the Talent as well as to incorrect or incomplete information provided by the Talent, unless yoummday has expressly marked such information as verified and has caused its incorrectness intentionally or through gross negligence.
(5) For its own breaches of duty in connection with the provision of the platform, yoummday shall be liable to the Customer without limitation in cases of intent and gross negligence as well as for damage arising from injury to life, body or health. In the event of a slightly negligent breach of material contractual obligations, yoummday’s liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations the performance of which makes the proper performance of the usage agreement possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, yoummday’s liability for slight negligence is excluded.
(6) To the extent permitted by law, yoummday’s liability in the Self-Service – on whatever legal grounds – shall be limited in amount to the Self-Service fees paid by the Customer to yoummday in the twelve (12) months preceding the occurrence of the event giving rise to the damage, but in any event to no more than EUR 25,000 per contract year; in the event of a slightly negligent breach of material contractual obligations, this monetary limitation shall apply only to the extent that the foreseeable damage typical for this type of contract is not thereby undercut. If the contractual relationship has not yet subsisted for twelve (12) months at the time of the event giving rise to the damage, the remuneration paid during that period shall be decisive. The foregoing limitation of liability shall not apply in cases of intent or gross negligence, in the case of damage arising from injury to life, body or health, or in cases of mandatory statutory liability.
(7) In the Self-Service, yoummday is not obliged to review, monitor or check the substance or legal admissibility of the information, content, service descriptions or instructions transmitted by the Customer or by the Talent, unless expressly agreed otherwise. The Customer remains responsible for making available to the Talent, in full and in good time, all information, requirements, approvals and materials necessary for the performance of the services, and for assessing on its own responsibility the suitability of the selected Talent for the respective project.
(8) The foregoing liability provisions leave the Customer’s mandatory statutory rights and claims unaffected.
2. Managed Service
2.1 Scope of services
(1) Under the “Managed Service” product, yoummday assumes towards the Customer the operational coordination and quality assurance of the Talents deployed via the platform. The substantive performance of the customer interactions is carried out exclusively by the Talents as self-employed entrepreneurs.
(2) The Talents remain self-employed at all times. No employment relationship and no contract of service arises between yoummday and the Talents, and Talents are not integrated into the operational organisation of yoummday or of the Customer.
(3) The Managed Service comprises, in particular:
• planning, set-up and support of the project on the platform,
• selection, composition and onboarding of suitable self-employed Talents,
• operational project steering, workforce management and day-to-day coordination,
• project-related quality management, including monitoring, coaching and feedback,
• reporting on performance indicators and project status.
(4) yoummday does not provide any operational communication or service offerings to End Customers.
2.2 Contractual performance obligations
(1) yoummday owes the Customer the proper organisation, coordination and quality assurance of the agreed services as well as the provision of the platform and management functions.
(2) Further services may be agreed on request, including in particular: VACD routing, VPN based connections, geodata verification and use of the yoummday AI systems (e.g. speech to-text, Smart Replies, FluuentAI, AutoQA).
(3) The substantive performance of the Services is carried out by the deployed Talents. The Talents are in principle entitled to deploy their own personnel to perform the Services, provided that all statutory and contractual requirements for doing so are met (e.g. appropriate project related qualification of the persons deployed and compliance with data protection requirements).
2.3 Conclusion of the usage agreement in the Managed Service; fee structure pursuant to the usage agreement
(1) Use of the Managed Service requires the conclusion of a separate framework agreement (also referred to as the usage agreement) between the Customer and yoummday. That framework agreement sets out the precise scope of services and the individual fee structure. The detailed scope of services is set out in the service specification attached in each case as an annex.
(2) In addition, a data processing agreement (DPA) pursuant to Article 28 GDPR must be concluded. The DPA shall contain, in particular:
• the technical and organisational measures (TOMs),
• provisions on data processing by Talents as subcontractors,
• where applicable, standard contractual clauses or comparable safeguards for international data transfers.
(3) Upon conclusion of the framework agreement, the Customer accepts these T&Cs; they shall form an integral part of the framework agreement.
2.4 Liability and responsibilities in the Managed Service
(1) In the Managed Service, yoummday owes the Customer the proper organisation, coordination and quality assurance of the services agreed in the framework agreement, the service specifications and these T&Cs, as well as the provision of the agreed platform and management functions. yoummday owes a particular commercial success, the achievement of particular KPIs or the entirely error-free performance of each deployed Talent only to the extent that this has been expressly agreed in writing.
(2) yoummday shall be liable to the Customer without limitation in cases of intent and gross negligence as well as for damage arising from injury to life, body or health. In the event of a slightly negligent breach of material contractual obligations, yoummday’s liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations the performance of which makes the proper performance of the Managed Service possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, yoummday’s liability for slight negligence is excluded.
(3) yoummday shall not be liable for isolated individual deviations or individual performance failures of deployed Talents, unless these are based on a culpable breach of the selection, organisation, coordination, supervision or quality assurance duties incumbent on yoummday.
Likewise, yoummday shall not be liable for business decisions of the Customer which are based on analyses, reports, recommendations or other results of the Managed Service, unlessyoummday prepared these incorrectly intentionally or through gross negligence.
(4) To the extent permitted by law, yoummday shall not be liable for indirect damage, consequential damage, loss of profit or loss of data, unless these are based on an intentional or grossly negligent breach of duty by yoummday. Mandatory statutory heads of liability, in particular under data protection law, remain unaffected.
(5) To the extent permitted by law, yoummday’s liability in the Managed Service – on whatever legal grounds – shall be limited in amount to the net remuneration paid by the Customer to yoummday for Managed Service services in the twelve (12) months preceding the occurrence of the event giving rise to the damage; pass-through remuneration paid to Talents or other amounts forwarded to third parties shall be disregarded in this respect. Liability shall, however, in any event be limited to a maximum of EUR 50,000 per contract year; in the event of a slightly negligent breach of material contractual obligations, this monetary limitation shall apply only to the extent that the foreseeable damage typical for this type of contract is not thereby undercut. If the contractual relationship has not yet subsisted for twelve (12) months at the time of the event giving rise to the damage, the net remuneration paid during that period shall be decisive. The foregoing limitation of liability shall not apply in cases of intent or gross negligence, in the case of damage arising from injury to life, body or health, or in cases of mandatory statutory liability.
(6) The Talents deployed in the Managed Service remain self-employed entrepreneurs. The Customer’s statutory claims against a deployed Talent remain unaffected. Any further responsibility of yoummday for the services of the Talents shall be governed exclusively by the framework agreement existing between the Customer and yoummday, the agreed service specifications, these T&Cs and the mandatory statutory provisions.
(7) The foregoing liability provisions leave the Customer’s mandatory statutory rights and claims unaffected.
§ 4 – RIGHTS IN WORK RESULTS, THE PLATFORM, AI AND DATA
1. Rights in the output; use of automated systems
(1) All work results and content generated for the Customer in the course of using the platform – irrespective of whether under the Self-Service or the Managed Service – (the “Output”) shall belong to the Customer, unless otherwise provided by law.
(2) For the purposes of analysis and quality assurance under the agreement, yoummday may deploy automated systems, including AI-supported functions. Where data is used in this context for the improvement of such systems, this shall be done exclusively in anonymised form, so that no personal reference remains. All non-personal data arising in this context, and all rights of use therein, shall remain exclusively with yoummday.
2. Rights in the platform, algorithms and AI models
(1) All rights in the yoummday platform, in particular in:
• software,
• workflows,
• matching, routing and workforce algorithms,
• AI models and AI systems,
• training and optimisation methods,
• designs, database structures, APIs and system logics, shall vest exclusively in yoummday.
(2) The Customer acquires no rights in the source code, models, system logics or internal tools of yoummday. Use is permitted exclusively within the scope of the platform functions.
3. Data protection and use of anonymised data
(1) The details of the processing of personal data, in particular the allocation of roles under data protection law, the permitted purposes of processing, technical and organisational measures and any involvement of Talents or other third parties, shall – where necessary – be governed by a separate data processing agreement (DPA) between the Customer and yoummday.
(2) yoummday may use data for the improvement of the platform, its functions and its analysis and AI systems exclusively in anonymised form, so that no personal reference remains.
(3) Recordings of calls or other interactions shall be made only to the extent legally permissible.
The Customer is responsible for ensuring that all legal requirements applicable on its side are satisfied, in particular any necessary consents of End Customers.
4. Prohibition of imitation, reverse engineering and impermissible use
The Customer is prohibited from:
(1) copying, reproducing, passing on, modifying or using outside the platform any tools,
software components, AI models, AI systems, functions or designs of yoummday,
(2) circumventing technical protection mechanisms,
(3) decompiling, reconstructing (reverse engineering) or otherwise recreating the platform or individual elements of it.
5. No transfer of rights by making data available
The making available of voice recordings, call data, training data or other Customer or Talent data – to the extent permissible under the GDPR and these T&Cs – does not give rise to any rights of the Customer in the data concerned or in any tools, AI models, AI systems, platform components or other systems of yoummday.
§ 5 – PROHIBITION OF CIRCUMVENTING THE PLATFORM AND NON-SOLICITATION
In order to ensure the proper operation of the platform, compliance with security and quality standards and correct invoicing towards the Talents, the Customer undertakes to conduct all contacts, service orders, scope of engagements, conclusions of contracts, payments and all communication with Talents exclusively via the yoummday platform. Circumvention of the platform by the Customer is impermissible and constitutes a breach of contract.
1. Definition of circumvention
The following in particular shall constitute circumvention:
• direct contacting of Talents outside the platform,
• engagement of, or cooperation with, Talents outside the platform,
• payments, remuneration or other benefits in money’s worth for Talent services outside the platform,
• involvement of third parties or intermediaries for the purpose of making contact or placing engagements,
• any other act which is capable of circumventing the use of the platform or the placement or service fees.
2. Customer’s duty to cooperate
In order to clarify a possible breach, the Customer is obliged to submit suitable documentation upon request by yoummday, in particular: invoices, evidence of communications, project documentation and other information necessary for clarification.
3. Non-solicitation of Talents
The Customer further undertakes not to solicit Talents, directly or indirectly, or to engage them outside the platform, during the term of the agreement and for 12 months after its termination.
4. Consequences of a breach
(1) yoummday shall inform the Customer immediately of any suspicion of circumvention.
(2) If the Customer does not cease the objected conduct within five (5) business days or does not remedy the breach, yoummday shall be entitled:
a. to block the Customer’s access to the platform in whole or in part,
b. to terminate ongoing agreements for cause.
(3) For each culpable instance of circumvention and each culpable breach of the non-solicitation obligation, the Customer shall pay to yoummday a contractual penalty of up to EUR 15,000, the specific amount of which shall be determined by yoummday at its reasonable discretion having regard to the nature, severity and duration of the breach; the Customer’s right to have the appropriateness of the contractual penalty so determined reviewed by a court remains unaffected. The assertion of any further damage is reserved; the contractual penalty shall be set off against any further damage.
(4) This clause serves exclusively to protect yoummday’s business and platform model and the integrity of the customer ecosystem. It does not establish any non-compete obligation beyond the protected interests governed here.
§ 6 – PROTECTION OF THE YOUMMDAY CUSTOMER BASE
1. Subject matter of protection
The Customer undertakes, during the term of the agreement and for a period of 12 months after its termination, not to solicit any corporate customers of yoummday and not to take over their business relationships by circumventing yoummday, where contact with those customers was initiated directly or indirectly through the use of the yoummday platform or the services provided through it.
2. Solicitation within the meaning of this clause
Impermissible solicitation exists in particular where the Customer
(1) offers to, or brings about with, another yoummday customer the conclusion of a contract for communication, service, support or sales services outside the yoummday service,
(2) takes over or continues an existing or planned cooperation between yoummday and a customer by circumventing the platform,
(3) causes a customer to procure the services in whole or in part without involving yoummday,
(4) involves third parties, affiliated undertakings or group companies in order to enable such circumvention or solicitation.
3. Indirect solicitation / group companies
The non-solicitation obligation also applies to indirect acts, in particular those carried out through affiliated undertakings within the meaning of sections 15 et seq. of the German Stock Corporation Act (AktG) or other third parties which are economically or organisationally closely connected.
A breach also exists where the Customer procures, promotes or knowingly tolerates such solicitation.
4. Contractual penalty
For each culpable breach of this non-solicitation obligation, the Customer undertakes to pay a contractual penalty of up to EUR 50,000 per breach or per solicited customer, the specific amount of which shall be determined by yoummday at its reasonable discretion having regard to the nature, severity and duration of the breach; the Customer’s right to have the appropriateness of the contractual penalty so determined reviewed by a court remains unaffected. The assertion of any further damage remains unaffected; any contractual penalty incurred shall be set off.
5. Permitted exceptions
This non-solicitation obligation shall not apply where the Customer demonstrates that the business relationship with the undertaking concerned
a) already existed before the first contact via yoummday and was established independently of yoummday, or
b) came about with the prior express written consent of yoummday.
6. Purpose of the provision
This clause serves exclusively to protect yoummday’s business and platform model and the integrity of the customer ecosystem.
It does not establish any non-compete obligation beyond the protected interests governed here.
§ 7 – COMPLAINT MANAGEMENT
(1) yoummday provides registered Users with an internal complaint management procedure.
(2) Complaints must be addressed in text form to [email protected] and should contain a description of the facts, the grounds of complaint and the parties concerned.
(3) Where the complaint concerns another User or a deployed Talent, yoummday may forward the complaint to the party concerned for comment.
(4) yoummday shall examine incoming complaints and shall endeavour to achieve an appropriate and prompt resolution. Where complaints concern the operational performance of services, the substantive assessment and, where applicable, remediation shall be carried out by the Talent deployed in each case as an independent service provider.
(5) The receipt and handling of a complaint shall not constitute any acknowledgement of a breach of duty or of liability by yoummday.
(6) Where additional costs arise in connection with a complaint at the instigation of a party through the involvement of external third parties, in particular mediators, experts or legal advisers, such costs shall in principle be borne by the party which instigated their involvement, unless the parties or the respective third party agree on a different allocation of costs.
§ 8 – CONFIDENTIAL INFORMATION
1. Confidentiality
The parties undertake to treat as confidential all confidential information of the other party which comes to their knowledge in connection with the initiation, conclusion and performance of the agreement, and to use it exclusively for the performance of the agreement.
Confidential information means all commercial, technical, organisational and business information, documents, data, concepts, processes, calculations, software, access credentials and other information which is marked as confidential or which is to be regarded as confidential by its nature.
2. Exceptions
The confidentiality obligation shall not apply to information
a) which is publicly known at the time of its disclosure or becomes publicly known without breach of this agreement,
b) which was already lawfully known to the receiving party,
c) which was lawfully obtained from an authorised third party,
d) the disclosure of which is required on the basis of statutory provisions, official orders or court decisions.
3. Employees, Talents and service providers
The parties may make confidential information available exclusively to such employees,
Talents, advisers, affiliated undertakings or other auxiliary persons as require that information for the performance of the agreement and are themselves bound to confidentiality.
4. Duration
The confidentiality obligations shall continue to apply during the term of the agreement and for a period of three (3) years after termination of the agreement.
5. Reference naming and disclosure of the customer relationship
(1) yoummday shall be entitled to disclose the existing or former business relationship with the Customer to a reasonable extent for marketing and communication purposes, in particular by naming the Customer as a reference.
(2) Such disclosure shall be limited to:
o the name and logo of the Customer,
o a general description of the cooperation (e.g. the type of services commissioned or the product category),
o where applicable, anonymised or aggregated performance indicators.
(3) No Confidential Information, specific contractual terms or sensitive business data shall be disclosed.
(4) Form of use
Reference naming may in particular be made:
o on yoummday’s website,
o in presentations, pitches and tender documents,
o in press, marketing or sales materials,
o in case studies, provided that these do not permit any inferences as to confidential details.
(5) Legitimate interests and data protection
Reference naming is carried out on the basis of yoummday’s legitimate interest in marketing its services pursuant to Article 6(1)(f) GDPR. No personal data shall be processed in this context unless expressly agreed otherwise.
(6) Right to object
The Customer may object to the reference naming on legitimate grounds, in particular where overriding interests worthy of protection conflict with it.
The objection must be notified to yoummday in text form. Materials already produced need not be amended retroactively in such a case.
(7) Deviating arrangements
More extensive or deviating provisions on reference naming, in particular a complete exclusion or a prior approval requirement, may be agreed individually.
§ 9 – GOVERNING LAW, PLACE OF JURISDICTION, FINAL PROVISIONS
(1) These General Terms and Conditions (T&Cs) and all contractual and statutory relationships between yoummday and the Customer shall be governed by the law of the Federal Republic of Germany.
(2) If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising out of the contractual relationship.
(3) yoummday shall also be entitled to bring proceedings against the Customer at the Customer’s general place of jurisdiction.
(4) The Customer may set off only against counterclaims which are undisputed or have been finally determined by a court. The Customer may exercise a right of retention only to the extent that its counterclaim arises out of the same contractual relationship and is undisputed or has been finally determined by a court.
(5) The Customer may transfer rights and claims arising out of the contractual relationship to third parties only with the prior consent of yoummday in text form; section 354a HGB remains unaffected.
(6) If yoummday is prevented from performing by force majeure or other unforeseeable, exceptional events for which it is not responsible – such as industrial action, official measures, energy or network failures, cyber attacks or pandemics – the performance periods shall be extended by the duration of the impediment plus a reasonable start-up period; yoummday shall inform the Customer without undue delay of the occurrence and the expected duration. If the impediment lasts for more than 60 days, either party shall be entitled to terminate the affected service or the affected agreement.
(7) Amendments and supplements to the agreement between yoummday and the Customer must be made in text form; this shall also apply to any amendment or waiver of this text-form requirement. The precedence of individual contractual arrangements (section 305b BGB) remains unaffected. The procedure for amendments to these T&Cs pursuant to § 1 no. 4 remains unaffected thereby.
(8) Should individual provisions of these T&Cs be invalid or incomplete, the validity of the remaining provisions shall remain unaffected. The invalid or missing provision shall be replaced by the provision which comes closest to the economic purpose of the original provision (in so far as legally permissible).
Version: 1 October 2026
General terms and conditions of business for clients using the portal
§ 1 – General / Scope
(1) The online platform www. yoummday.com is operated by the
Yoummday GmbH
represented by the managing directors
Dr Klaus Harisch, Pablo Harisch, Claas van Delden and Benjamin Tüzen
Infanteriestrasse 11A, 80797 Munich
Phone: +49 89 231660000
E-mail: [email protected]
– 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.
§ 2 – Description of services
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:
(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. yoummday.com 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.
IMPORTANT NOTES
- 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. 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
(1) All service offers on the www. yoummday.com 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 yoummday.com 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. yoummday.com, 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 [email protected] 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