General Terms and Conditions (Terms of Service)

1. Scope and Contracting Parties

These General Terms and Conditions (hereinafter "Terms") govern the use of the Lokali platform (hereinafter "Platform" or "Service"), which is operated by Andres Emilio Morales Munoz-Rivero e.U., Dr. Karl-Renner Str. 12c/1, 3425 Tulln an der Donau, Austria (hereinafter "Operator" or "we").

2. Description of Services

2.1 Scope of the Platform's Functions

Lokali provides registered users with the following functions. Which of them can actually be used depends on the chosen plan and the account type (private or business).

a) Creating and managing listings

Users can post listings in five categories:

• Job ads (commercial recruitment, with an application function)
• Services (providers describe the services they render)
• Tenders (clients describe a specific assignment, providers apply)
• Offers (a private person offers a skill or help)
• Requests (a private person seeks help or a service)

Listings can be created with images, structured data (category, location, price, contract type, benefits, etc.), contact options and templates. Existing listings can be edited, paused, duplicated, promoted (Boost) and deleted.

b) Search and discovery

• Full-text search and category-based search
• Location-based filtering (city, radius search, map view)
• Advanced filters (price, categories, subcategories, the provider's plan, verification status, reviews)
• Search agents (automatic notification when new listings match the search criteria)
• Watchlist (bookmarks for listings)
• Suggested listings based on activity (recommendations)

c) Communication

• 1:1 chat with other users
• Image and file attachments (within the platform's limits)
• Real-time notifications (push, email, in-app)
• Appointment scheduling (appointment proposals, confirmations, reminders)

d) Applications and applicant management

• Applying to job ads and tenders (with optional CV upload)
• Tracking application status
• Applicant inbox for businesses (receive, sort and respond to applications)

e) Company profiles and business presentation

• Standalone public company profiles with logo, description, locations, team
• Verification badge after identity and business verification (see Section 11)
• Top company ranking at city and category level, based on activity, reviews, verification and responsiveness
• Statistics on listing performance

f) Reputation and reviews

• Star ratings plus free-text reviews for completed business relationships
• Public review profiles (for providers and clients)
• Option to respond to reviews (statement by the reviewed party)

g) Tools for providers

• Listing templates (templates for recurring listing types)
• Boost function (time-limited increased visibility of a listing)
• Auto-repost (automatic re-publication of expired listings)
• Multi-location management (for businesses with multiple branches)
• Data export (GDPR Art. 20)

h) Helper tools

Lokali additionally provides free helper tools (e.g. gross-to-net calculator, recruiting cost calculator). These serve solely as non-binding information and do not replace tax or legal advice.

2.2 Not a Contracting Party

The Operator is not a party to contracts concluded between users. All agreements regarding the type, scope, quality, timing and remuneration of help, services or employment relationships are made exclusively between the respective users. Lokali merely provides the technical infrastructure for initiating such relationships.

2.3 Intended Audience of the Platform

Lokali is aimed at two user groups:

• Private persons (consumers): adults acting in a non-commercial capacity, for occasional listings, requests or applications
• Business users (entrepreneurs): sole proprietorships and partnerships, legal entities and other persons acting in a commercial capacity within the meaning of Sec. 1 KSchG (Austrian Consumer Protection Act) or Sec. 1 UGB (Austrian Business Code), who publish listings, job ads or services in the course of their business activity

The scope of functions varies depending on the chosen plan (see Section 5). Business users are additionally subject to the labelling obligation set out in Section 4.4.

3. Registration and User Account

3.1 Requirements

• Minimum age: Use of the platform is permitted only to adults (18 years and older).
• Geographic scope: The platform is aimed at users in Austria as well as in the other countries in which Lokali is offered. The respective supported countries and languages are shown in the app and on the website.
• Truthful information: Complete and truthful information must be provided upon registration.

3.2 User Account

Each user may operate only one account. Login credentials must be kept confidential. The user is liable for all activities carried out through their account.

4. User Obligations

4.1 General Obligations

Users undertake to:

• Offer or request only legal tasks and services
• Make no false, misleading or fraudulent statements
• Publish no unlawful, offensive, discriminatory or pornographic content
• Respect the rights of third parties (in particular personality, copyright and trademark rights)
• Send no spam messages or unsolicited advertising
• Comply with applicable law, in particular tax and social security law

4.2 Personal Responsibility

Users are themselves responsible for:

• Verifying the qualification and suitability of their contracting party
• Agreeing on appropriate terms and prices
• Complying with all legal requirements when rendering services
• Registering with the tax office and, where applicable, social security in the case of regular activity
• Taking out suitable insurance (e.g. liability insurance)
• The proper handling of payments

4.3 Prohibited Content and Activities

The following content and activities are prohibited on the platform without exception. Violations lead to immediate deletion of the content and may result in the immediate suspension of the account (see Section 10.3):

• Listings concerning weapons, explosives, ammunition or weapon-like objects, insofar as their trade or brokerage is legally restricted
• Listings concerning narcotics, illegal substances, prescription or pharmacy-only medicines
• Sexual services, prostitution-related or pornographic content
• Listings that offer or request undeclared work, in particular activities without proper registration with the tax office or contrary to the Trade Regulation Act
• Discriminatory job ads (violations of the Equal Treatment Act, e.g. exclusion based on gender, origin, religion, age, disability, sexual orientation)
• Content that incites violence, hatred or discrimination, and extremist, terrorist or anti-constitutional content
• Snowball or pyramid schemes, multi-level marketing models without a real product, as well as misleading earnings promises
• Money laundering, fraud, bribery or other criminal acts, as well as the initiation thereof
• Content that infringes the personality, copyright, trademark or patent rights of third parties
• Spam, bulk messaging, automated or bot-generated content or applications
• Identity theft, false provider information, use of third-party logos or company names without authorization
• Listings intended to be fulfilled outside the countries supported by Lokali

This list is not exhaustive. The Operator reserves the right to remove further obviously abusive content, even if it is not expressly named here.

4.4 Labelling Obligation for Business Users

Anyone who publishes listings in the course of a self-employed, professional or commercial activity (entrepreneur within the meaning of Sec. 1 KSchG (Austrian Consumer Protection Act) or Sec. 1 UGB (Austrian Business Code)) is obliged to:

• Identify themselves as a business user upon registration (select "Business account")
• Provide complete provider information pursuant to Sec. 5 ECG (Austrian E-Commerce Act) and Sec. 14 UGB (Austrian Business Code) (company name, address, VAT ID, contact)
• State the legally required mandatory information in job ads (e.g. minimum pay under the collective agreement pursuant to Sec. 9 GlBG (Austrian Equal Treatment Act))
• Comply with the applicable statutory information and withdrawal obligations in consumer transactions (B2C), in particular the FAGG (Austrian Distance and Off-Premises Transactions Act)

Violations of this labelling obligation may have competition and consumer protection law consequences, for which the user alone is responsible.

4.5 Anti-Circumvention of the Platform

In particular, it is prohibited to:

• Systematically extract or reproduce listings, search results or profiles using automated means (scrapers, bots, crawlers)
• Reverse-engineer the platform, circumvent security mechanisms or gain unauthorized access to non-public areas
• Manipulate your own or others' reviews through exchange, purchase or coordinated action
• Influence the platform algorithm through fake accounts, coordinated multiple listings or other manipulation techniques
• Poach other users away from the platform in order to operate competing services or communities
• Use the platform's content or data for your own commercial purposes outside Lokali, insofar as no express consent is given

5. Paid Services

5.1 Free Basic Use

Basic use of the platform is free: registration, search, communication, and private listings (requests and offers). For the commercial listing types (service, tender, job ad), the plans or individual prices under Sections 5.2 and 5.5 apply.

5.2 Subscriptions

The following subscription tiers are available:

• Free: free of charge
• Verified: €2.99/month
• Plus: €6.99/month
• Business Starter: €29.99/month
• Business: €69.99/month

All prices are inclusive of statutory value-added tax.

5.3 Refunds

5.4 Right of Withdrawal for Consumers

Consumers (Sec. 1 KSchG, Austrian Consumer Protection Act) are in principle entitled to a 14-day right of withdrawal pursuant to Sec. 11 FAGG (Austrian Distance and Off-Premises Transactions Act) when concluding a distance contract.

Expiry of the right of withdrawal: In the case of digital content and services whose performance begins immediately after purchase (e.g. boosting a listing, instant publication, premium functions), the right of withdrawal expires pursuant to Sec. 18 para. 1 no. 11 FAGG upon commencement of performance, provided that the consumer has expressly consented to this and confirmed their awareness of the loss of the right of withdrawal. This express consent is requested during the ordering process.

5.5 Individual Purchases, Boosts and Credits

Beyond the ongoing subscriptions, individual functions can also be purchased without a subscription:

• Individual listings: When the subscription quota is exhausted, individual job ads, services or tenders can be booked separately
• Boost: Time-limited increased visibility of an existing listing. The guaranteed visibility refers to the list position, not to a specific number of views or responses

Current prices can be viewed at /preise. All prices are inclusive of statutory value-added tax.

5.6 In-App Purchases (App Stores)

For purchases made through the mobile apps (iOS, Android), the terms of the respective app store provider (Apple, Google) additionally apply. Cancellations and refunds for in-app purchases can be handled exclusively through the respective app store.

6. Disclaimer and Limitation of Liability

6.1 No Liability for User Conduct

6.2 Liability of the Operator

The Operator is liable without limitation only for:

• Damages caused intentionally or through gross negligence
• Damages arising from injury to life, body or health

For slight negligence, the Operator is liable only in the event of a breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for such contracts.

6.3 Indemnification

Users indemnify the Operator against all claims that third parties assert against the Operator on account of legal violations by the user, including reasonable legal and court costs.

6.4 Recommendation Regarding Insurance Cover

Providers of services are strongly advised to independently ensure adequate insurance cover, in particular through public liability or professional liability insurance. Lokali does not provide its own insurance cover and assumes no liability for damages arising between users from the rendering of services.

6.5 Force Majeure

The Operator is not liable for service disruptions attributable to events of force majeure, including natural disasters, war, pandemics, official orders, strikes, internet or power outages, as well as outages or restrictions at third-party providers (e.g. hosting providers, payment service providers).

7. Availability and Changes

7.1 Availability

The Operator endeavours to ensure a high level of platform availability. There is no entitlement to continuous availability. Maintenance work and technical faults may lead to interruptions.

7.2 Changes to the Platform

The Operator reserves the right to continuously develop the platform at any time, to add, change or discontinue functions.

8. Content and Moderation

8.1 User-Generated Content

The Operator assumes no liability for user-generated content. Users are themselves responsible for their content.

8.2 Automated Moderation

Texts (e.g. listing titles and descriptions) are automatically checked for impermissible content. Images and reported content are reviewed on a case-by-case basis. The Operator reserves the right to delete content and to suspend user accounts that violate these Terms or applicable law.

8.3 Use for Marketing Purposes

By publishing content on Lokali, the user grants the Operator the right to use this content (in anonymized form) for marketing purposes.

8.4 Usage Licence for Uploaded Content

By uploading or publishing content (texts, images, logos, descriptions, profile data, etc.), the user grants the Operator a non-exclusive, worldwide, royalty-free and transferable licence to use this content for the operation, promotion and improvement of the platform. The licence includes in particular the right to:

• display the content publicly on the platform, on the web, in the mobile apps and in previews (e.g. search engines, social media link previews)
• technically store, reproduce, index, tag and distribute the content in cache and CDN systems
• adapt the content for the functions described herein (e.g. scale images, automatically crop them, generate preview versions)
• use excerpts or anonymized aggregates for statistical, marketing and market research purposes

The user retains ownership and all rights not expressly granted in their content. Upon deletion of a listing or the account, the licence for future active use ends; data already contained in technical backups, caches or anonymized statistics remains unaffected by this.

The user warrants that they hold the necessary rights to all uploaded content and do not infringe the rights of third parties (in particular copyright, trademark and personality rights).

8.5 Reporting Illegal Content (Notice-and-Action)

Anyone who becomes aware of illegal content on the platform can report it:

• Via the report button directly on the listing, profile or review
• By email to [email protected] stating the specific URL and the reason

The Operator reviews incoming reports without undue delay and removes obviously illegal content pursuant to Sec. 16 ECG (Austrian E-Commerce Act) or Art. 16 DSA (Digital Services Act). The reporting user is informed of the outcome of the review. Abusive or obviously unfounded reports may, after repeated occurrence, themselves lead to measures against the reporting party (Sec. 23 DSA by analogy).

9. Reviews

9.1 Requirements for Reviews

Reviews are permitted only after an actual business relationship between the parties involved. Reviews without real interaction (faked or purchased reviews) will be removed and may lead to account suspension.

9.2 Content Requirements

Reviews must:

• be truthful and based on the reviewer's own experience
• be worded objectively, without insults, defamation or disparaging assertions
• contain no personal data of third parties, sensitive information or confidential trade secrets
• contain no advertising, spam or links to competing platforms

9.3 Moderation and Deletion

The Operator reserves the right to remove reviews that violate the rules set out in 9.2, violate applicable law, or are obviously false or unlawful. In principle, there is no entitlement to the deletion of negative but factually correct reviews.

Reviewed persons have the right to publicly respond once to each review (response function), as well as to report reviews they consider unjustified. In the event of a justified complaint, the Operator examines the matter within the scope of its technical and actual possibilities.

9.4 Applicant Reviews

For data protection and labour law reasons, businesses are not permitted to publicly review applicants. Reviews within the meaning of these Terms relate exclusively to rendered or used services, purchases and assignments.

10. Contract Term and Termination

10.1 Contract Term

The usage agreement is concluded for an indefinite period.

10.2 Ordinary Termination

Both parties may terminate the agreement at any time without stating reasons. Termination can be effected by deleting the user account in the settings or by email to [email protected].

10.3 Extraordinary Termination and Suspension

The Operator may terminate and suspend the user account without notice in the event of serious violations of these Terms. These include in particular:

• Fraud or attempted fraud
• Illegal activities
• Repeated violations of the rules of conduct
• Harassment of other users

11. Verification and Trust Indicators

11.1 Verification Badges

Lokali offers users the option to have their identity or business status verified. Verified users receive a visible badge on their profile and in listings. Depending on the account type, verification includes:

• Private: verification of email address and phone number, optionally an identity check
• Business: additionally verification of the company register / trade register entry and VAT ID

11.2 Meaning and Limits

11.3 Top Company Ranking

The top company ranking is calculated automatically on the basis of various metrics (e.g. activity, reviews, responsiveness, verification status, completeness of the profile). A specific placement may change at any time and is not a guarantee or quality promise. Manipulation of the ranking position through artificial activity, faked reviews or other unauthorized means leads to immediate removal from the ranking.

12. Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy.

13. Changes to the Terms

The Operator reserves the right to amend these Terms. Changes are communicated to users by email at least two weeks before they take effect. If the user does not object within two weeks of receipt of the notice and continues to use the platform, the amended Terms are deemed accepted.

14. Final Provisions

14.1 Applicable Law

The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. For consumers, the protection of mandatory provisions of their home state remains unaffected.

14.2 Place of Jurisdiction

The place of jurisdiction for all disputes arising from or in connection with these Terms is Vienna, Austria, insofar as legally permissible. Mandatory statutory provisions on exclusive places of jurisdiction, in particular in favour of consumers, remain unaffected.

14.3 Severability Clause

Should individual provisions of these Terms be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.

14.4 Entirety

These Terms, together with the Privacy Policy, constitute the entire agreement between the user and the Operator. There are no verbal side agreements.

14.5 Binding Language Version

The binding contract language is German. Translations of these Terms into other languages are provided solely for reasons of comprehensibility. In the event of contradictions or questions of interpretation, only the German version is authoritative.

14.6 Out-of-Court Dispute Resolution

The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. The Operator is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

15. Contact

If you have any questions about these Terms, please contact:

Andres Emilio Morales Munoz-Rivero e.U.
Dr. Karl-Renner Str. 12c/1
3425 Tulln an der Donau, Austria
Email: [email protected]