1. Subject Matter of the Contract

1.1 The subject matter of this Agreement is the provision of software. During the term of this Agreement, the Provider grants the Customer the right to use the “djfy.at” software for the Customer’s own purposes.

1.2 The software’s key features include the following:

The customer (i.e., the party host) can use the “DJfy.at” service to collect song requests from party guests in one central location on the platform. The “DJfy.at” tool coordinates the guests’ requests and automatically plays them—based on the order and timing of the votes—via the registered Spotify account. This way, the group collectively decides which music best suits the current mood.

Provision of four different web areas:

1. djfy.at
   -> public area for the host’s guests
2. djfy.at/djarea
   -> Internal area for the DJ / party host / client’s client
3. djfy.at/barview
   -> Live overview of the current Top 25 songs that can be displayed in the center of the room using appropriate equipment (TV / projector).

The app offers the following sections and features:

• a DJ area
  • Remove/Add Songs
  • Setting the Voting Limit
• a customer/guest area
  • Search/Add/Upvote Songs

Provision of your own domain: xyz.djfy.at

2 Type of Service

2.1 The software is operated by the Provider as a SaaS or cloud solution. The Customer is permitted to use the software—which is stored on and runs on the servers of the Provider or a service provider commissioned by the Provider—for its own purposes via an Internet connection during the term of this Agreement.

2.2 The Provider makes the software available to the Customer for use at the router output of the data center where the server running the software is located (“delivery point”).

2.3 The software, the computing power required for its use, and the necessary storage and data processing capacity are provided by the Provider. The Provider is not responsible for establishing and maintaining the data connection between the Customer’s IT systems and the described transfer point.

3. Term of the Contract and Termination of the Contract

3.1 The contract is concluded for a fixed term. It takes effect 24 hours before the start of the event on the selected day, as specified during the ordering process on djfy.at, and ends at 12:00 p.m. on the following day. The contract automatically expires at the end of the usage period.

4 Compensation

4.1 In exchange for the Provider’s services, the Customer must pay the corresponding fee. The fee is payable regardless of the volume used.

4.2 The fee is a one-time payment of €49.00 (in words: forty-nine) and is due before the software is used.

5 Right of Withdrawal pursuant to §11 FAGG

5.1 Consumers are advised that the right of withdrawal is excluded pursuant to § 11(2)(1) FAGG in conjunction with § 18(1)(11) FAGG. This is a digital service that is not delivered on a physical data carrier. The consumer was obligated to make a payment and has expressly consented to the performance of the contract before the expiration of the withdrawal period. The consumer has acknowledged that they lose their right of withdrawal upon the early commencement of contract performance, and a confirmation pursuant to § 7(3) FAGG has been provided to them.

6 Software Availability

6.1 Restrictions or disruptions may arise that are beyond the Provider’s control. These include, in particular, actions by third parties not acting on behalf of the Provider, technical conditions of the Internet over which the Provider has no control, and force majeure. The hardware, software, and technical infrastructure used by the customer may also affect the Provider’s services. To the extent that such circumstances affect the availability or functionality of the services provided by the Provider, this shall not affect the contractual compliance of the services provided.

6.2 The customer is required to report any malfunctions, disruptions, or impairments in the software to the provider immediately and as precisely as possible.

7. Customer’s Right of Use

7.1 Since the software runs exclusively on the Provider’s servers or those of service providers commissioned by the Provider, the Customer does not require any copyrights to use the software, and the Provider does not grant any such rights.

7.2 However, for the term of the contract, the Provider grants the Customer the non-exclusive, non-transferable right, limited to the duration agreed upon in this contract, to load the software’s user interface into the working memory of the end devices used for this purpose in accordance with the contract for display on the screen, to create the resulting copies of the user interface, and to use the software for the purposes specified in the contract in accordance with the product description.

7.3 Use of the software is permitted exclusively in Germany and Austria; use outside these countries is prohibited.

8 Support

8.1 A support case arises when the software does not perform the functions specified in the contract and described in the product description.

8.2 The Provider offers the Customer customer service via email (https://djfy.at/kontakt/) to resolve technical issues and correct errors that arise during the use of the software.

8.3 If the customer reports a support case, the customer must provide as detailed a description as possible of the specific malfunction in order to enable the most efficient troubleshooting possible

9 Secrecy, Confidentiality

9.1 The customer must keep the login credentials provided to them confidential. Disclosing the login credentials to unauthorized third parties is prohibited. The provider’s services may not be made available to third parties unless expressly agreed upon by the parties.

10 Rights Regarding Data Processing and Data Backup

10.1 The Provider and the Customer are required to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR), and any other applicable legal confidentiality obligations.

10.2 For the purposes of performing this Agreement, the Customer grants the Provider the right to reproduce the data to be stored by the Provider on behalf of the Customer, to the extent necessary to provide the services owed under this Agreement. The Provider is also entitled to store the data in a backup system or a separate backup data center. Furthermore, to resolve malfunctions, the Provider is entitled to make changes to the structure of the data or the data format.

10.3 The Customer is obligated to take all necessary data protection measures, in particular those required under the GDPR (e.g., obtaining the consent of the data subjects), so that the Provider may process the personal data for the purposes of the contractual relationship. The provider processes the personal data necessary for the performance of the contract.

10.4 The customer agrees to respond to any requests for information pursuant to Article 13 of the GDPR and to answer them truthfully within a reasonable period of time, as well as to comply promptly with any subsequent requests for erasure and to notify the provider thereafter.

10.5 If violations of data protection laws by the Customer give rise to any claims by data subjects, the Customer agrees to indemnify and hold the Provider harmless from such claims.

11 Liability, Damages

11.1 The parties to the contract are liable for willful misconduct and gross negligence.

11.2 If the customer suffers damages resulting from the loss of data, the provider shall not be liable for such damages to the extent that they could have been avoided had the customer performed regular and complete backups of all relevant data. The customer shall perform or arrange for the performance of regular and complete data backups, either by the customer or through a third party, and is solely responsible for this.

12 Customer Data and Indemnification Against Third-Party Claims

12.1 As a technical service provider, the Provider stores content and data for the Customer that the Customer enters, saves, and makes available for retrieval while using the software. The Customer agrees with the Provider not to upload any content or data that is criminal or otherwise unlawful—either absolutely or in relation to individual third parties—and not to use any programs containing viruses or other malware in connection with the software.

12.2 The customer is solely responsible for all content used and data processed, as well as for any legal rights that may be required in this regard. The provider takes no notice of the customer’s content and, as a general rule, does not review the content used by the customer with the software.

12.3 In this context, the Customer agrees to indemnify the Provider against any liability and all costs, including potential and actual costs of legal proceedings, in the event that the Provider is held liable by third parties—including the Customer’s employees personally—as a result of alleged acts or omissions by the Customer. The Provider shall notify the Customer of such a claim and, to the extent legally possible, give the Customer the opportunity to defend against the asserted claim. At the same time, the Customer shall immediately and fully disclose to the Provider all information available to the Customer regarding the facts that are the subject of the claim.

12.4 The customer is responsible for providing a valid “AKM/austro mechana” performance license. The “djfy.at” software is merely an enhanced feature for playing music. “djfy.at” assumes no liability whatsoever for violations or penalties related to licensing.

13 Final Provisions

13.1 All legally binding notices under this Agreement must be sent in writing to the other party’s most recently notified email address. If a notice is sent to the most recently notified address, it shall be deemed to have been received by the respective party.

13.2 The contracting parties agree to the jurisdiction of the Austrian courts. If the transaction does not involve a consumer, the court with subject-matter jurisdiction at the business’s place of business shall have exclusive territorial jurisdiction to decide all disputes arising from this contract.