Terms and Conditions | Plug Ad Play

Plug Ad Play terms and conditions for registration, product use, bookings, and payments.

§ 1 Scope, Platform Operator and Contracting Parties

(1) These General Terms and Conditions (“GTC”) apply to registration for and use of the “Plug Ad Play” platform and to all paid Contact Disclosures ordered through the Platform. The Platform is accessible at https://plugadplay.at and, where applicable, at other internet addresses announced by the Platform Operator (“Platform”).

(2) The operator of the Platform and contracting party of the Companies is:

Thomas Geyer, MSc, sole proprietor
Trading name: Plug Ad Play
Maria-Emhart-Weg 14/37
1220 Vienna, Austria
Email: office@plugadplay.at
GISA number: 40000626
Further mandatory information: see the imprint

hereinafter referred to as the “Platform Operator” or “we”.

(3) The contracting party of the Platform Operator is the legal entity of the company to which the respective Company Workspace is assigned (“Company”). In the case of a sole proprietorship, this is the natural person operating the sole proprietorship. Users assigned to a Workspace act for that Company within the scope of their Platform permissions. An individual Team Member does not additionally become a personal contracting party unless that Team Member is itself the legal entity of the Company.

(4) These GTC apply regardless of whether a Company acts as an Advertising Space Provider, as an Advertiser or in both roles.

(5) Any conflicting, deviating or supplementary terms and conditions of a Company shall not become part of the contract, even if we do not expressly object to them. Their applicability requires our express consent in Text Form.

(6) The Platform is intended exclusively for entrepreneurs within the meaning of section 1 KSchG and for persons and legal entities acting in the course of their business or professional activity. Consumers may not register for or use the Platform. By registering, the User confirms that they are acting for a Company and for business purposes. Mandatory statutory provisions remain unaffected.

(7) The service is primarily directed at Companies with a registered office, establishment or business activity in Austria. To the extent that the Platform technically enables registration or use by Companies from other countries, these GTC also apply to those Companies. We do not undertake to make the Platform available exclusively to Companies from any particular country, to implement a technical geo-block or to continuously verify the registered office of a Company. There is no entitlement to registration, use from a particular country or the provision of country-specific functions.

§ 2 Definitions

The following definitions apply to these GTC:

User Account: the personal access of a natural person to the Platform. A User Account may be assigned to only one Company at any given time.
Workspace: the working area on the Platform assigned to a Company. A Company may combine multiple User Accounts in one Workspace.
Administrator: a User with administrative permissions for the Workspace, in particular to approve new Team Members and manage material Company data.
Team Member: a User Account assigned to a Workspace with the operational or administrative permissions displayed on the Platform from time to time.
Advertising Space Provider or Provider: a Company that presents or manages digital advertising space on the Platform or makes it available for Booking Requests.
Advertiser: a Company that searches for advertising space and submits Booking Requests for its own campaigns or campaigns of third parties.
Screen or Advertising Space: digital out-of-home advertising space described on the Platform, in particular an LED screen, including the associated location, operating, reach, pricing and technical information.
Booking Request or Request: an initially anonymised and, in itself, non-binding expression of interest created through the Platform by an Advertiser in relation to a specific campaign and one or more Advertising Spaces. A Request may include Advertising Spaces of multiple Providers.
Chat: the communication function assigned to a Request between a Provider and an Advertiser.
Contact Disclosure: the paid disclosure to the Provider, in relation to a specific Request, of the Advertiser’s Company name and stored contact email address.
User Content: all information and content provided or transmitted by Users, in particular Screen data, Company names, descriptions, logos, photographs, campaign data and Chat messages.
Text Form: a readable declaration on a durable medium, in particular by email.

§ 3 Purpose and Role of the Platform

(1) Plug Ad Play is a digital platform for presenting digital Advertising Spaces and initiating business contacts between Providers and Advertisers. The current scope of functions includes in particular:

the presentation and search of Advertising Spaces, in particular through map and filter functions;
the creation and processing of Booking Requests;
an initially anonymised Chat; and
paid Contact Disclosure in accordance with these GTC.

(2) Unless expressly stated otherwise in the respective service offering, our service is limited to the technical provision of the Platform, the initiation of contact and Contact Disclosure. We do not sell or rent Advertising Spaces, provide advertising placements, create advertising materials, guarantee reach or process payments under a subsequent advertising-space contract between Users.

(3) Contracts for the use, rental, display or other commercial exploitation of an Advertising Space are concluded exclusively and directly between the respective Provider and the Advertiser. We do not thereby become a contracting party, representative or vicarious agent of any User.

(4) A Booking Request is non-binding in itself. Depending on their content, subsequent statements in the Chat or outside the Platform may constitute legally binding offers, acceptances or other declarations between the Provider and the Advertiser. The participating Users are solely responsible for their legal assessment and implementation.

(5) We transmit messages solely by technical means. We do not adopt their content as our own and do not examine, in particular, the authority of a sender to represent a party or the legal validity, completeness, accuracy or commercial advisability of a declaration.

(6) In particular, we do not owe or guarantee:

a response from the Advertiser following Contact Disclosure;
the conclusion, content or performance of an advertising-space contract;
the solvency or willingness to pay of a User;
the actual availability, suitability, reach or regulatory admissibility of an Advertising Space; or
any particular commercial result of a Request or campaign.

(7) The Platform is continuously developed. Free functions, displays and technical processes may be changed, expanded, restricted or replaced in accordance with these GTC. Paid services that have already been validly ordered remain unaffected.

§ 4 Registration, Companies, Workspaces and Permissions

(1) The use of material functions requires a personal User Account and assignment to a Company. A User may either create a new Workspace for a Company or apply to join an existing Workspace using an invitation code.

(2) By registering, creating a Workspace or applying to join one, the User declares that the information provided about their identity and the designated Company is accurate, that they act for that Company and that they have the authority to represent, use or internally place orders required for the respective use. We may rely on these declarations unless they are manifestly inaccurate or there are specific reasons for doubt. We do not owe any general or continuous automated verification of identity, representative authority or a Company’s internal signing rules.

(3) An invitation code may be used multiple times and may be changed by the Company at any time. Entering an invitation code does not automatically result in admission to the Workspace. Assignment becomes effective only when an Administrator approves the invitation or application to join. The Company is responsible for handling invitation codes and reviewing the persons to be admitted.

(4) A User Account may be assigned to only one Company at any given time. A Company may manage multiple User Accounts in its Workspace.

(5) Depending on the enabled functions, a Company may act as a Provider, an Advertiser or simultaneously in both roles and may switch roles within the functions of the Platform.

(6) The Platform distinguishes between administrative and operational permissions. Administrators may, in particular, approve or reject new Team Members, manage Team Members, amend material Company data and Company roles and terminate the Workspace. Under the current scope of functions, operational Team Members may, in particular, edit Screen data, invite additional persons to apply to join and initiate paid Contact Disclosures. Without administrative permission, they may not, in particular, finally approve applications to join, remove Team Members, amend material Company metadata or Company roles or delete the Workspace.

(7) The specific scope of permissions is determined by the roles assigned on the Platform. We may reasonably develop the permissions matrix further for objective, technical or security-related reasons. Paid orders may be initiated only by Users to whom the Platform assigns the corresponding permission.

(8) Every paid action by an authorised Team Member is attributed to the Company. The Company bears the resulting payment obligations and is responsible for ensuring that its Users have the necessary internal authority. We may rely on the permission assigned on the Platform and the declaration of the acting User and are not required to examine the Company’s internal powers of attorney, approval processes or signing rules before each order. If a User acts without sufficient authority, the statutory legal consequences apply.

(9) Users and Companies must keep registration, identity, Company, billing and contact data complete, accurate and up to date. Changes material to contract performance, invoicing, accessibility, entrepreneurial status or permissions must be updated on the Platform or communicated to us without undue delay. We do not owe continuous automated verification that this information remains current.

(10) Login credentials must be kept confidential and appropriately protected against unauthorised use. Any suspected or established unauthorised use must be reported without undue delay to office@plugadplay.at. The Company is responsible for actions carried out through its User Accounts to the extent that it is responsible for the unauthorised use.

(11) There is no entitlement to registration, activation of a Workspace or retention of a particular User role. We may reject registrations, in particular, in the case of incomplete or inconsistent information, security concerns, lack of entrepreneurial status, capacity limitations or reasonable suspicion of misuse.

§ 5 Advertising Spaces, Screen Data and Verification

(1) Screen entries may be created and supplemented by the Platform Operator, by Providers or through a combination of both. We may prepare Screen entries based on publicly available information. There is no entitlement to completeness or to the inclusion of a particular Advertising Space.

(2) Providers are responsible for the information they enter, confirm or amend. This includes, where provided for in each case, the name, category, monitor type, screen orientation, number of Screens, geographical coordinates, address, country, federal state, district, description, resolution, screen size, pixel pitch, daily reach, operating time, slot duration, slots per loop, pricing information, minimum booking duration and supported file formats.

(3) The Provider warrants in particular:

the accuracy, completeness and currency of its information;
that it has sufficient authority to manage, offer or market the Advertising Space;
the existence of all required ownership, usage, marketing and intellectual property rights;
compliance with applicable regulatory permits and other legal requirements; and
that no third-party rights are infringed and no confidential information is used unlawfully.

(4) Screen entries and amendments are not generally reviewed in full before publication. Reach, price, availability, authorisation and technical information generally originate from the Provider or the respective identified data sources. Unless we expressly confirm otherwise in Text Form in an individual case, we owe neither a complete factual, technical or commercial review nor a prior legal review of this information.

(5) Depending on the respective field, Screen data may be published immediately or reviewed before or after publication in individual cases. Location information in particular may be subject to plausibility or location checks. We may editorially format, categorise and geocode data and correct obvious technical errors for consistent presentation without thereby assuming responsibility for the Provider’s content.

(6) The inclusion, amendment, deactivation or reassignment of a Screen entry does not automatically change the Screen selection stored for a Booking Request already created or a payment session already generated. The selection stored by the system remains authoritative for the Request, price calculation and Contact Disclosure unless a different selection is expressly confirmed in the ordering process or by us in Text Form.

(7) Where there is a specific reason or as part of a spot-check in an individual case, we may request additional information or evidence and assess the plausibility of Company access, Screen assignments or location information. For this purpose, we may use, in particular, a code sent by post to the business address, manual checks, public data sources, map data or photographs. There is no obligation to request particular evidence, review every Screen or carry out continuous automated verification.

(8) A verification, plausibility assessment or request for evidence confirms only the specific step actually carried out, in particular the plausibility of the assignment of Company access to a Screen entry and/or the stated location. It does not constitute a guarantee or confirmation of ownership, marketing authority, regulatory approval, technical quality, reach, availability, road safety or commercial suitability of the Advertising Space.

(9) We may reject, temporarily hide, restrict or remove Screen entries where objectively justified, in particular where we become aware of information that is incomplete, implausible, outdated, unlawful, misleading or incompatible with the Platform’s quality or security requirements. Such a measure does not require a general prior review or automated detection. § 14 remains unaffected.

§ 6 Obligations of Advertisers and Campaign Requirements

(1) Booking Requests must be genuine, truthful and directed at a specific commercial campaign. Campaign, timing, budget and other metadata must be provided completely and accurately to the best of the Advertiser’s knowledge.

(2) Where an Advertiser acts for a customer or another third party, it warrants that it is authorised to submit the Request, communicate and share the required campaign information. The Company designated in the Workspace remains our contracting party and point of contact.

(3) The Advertiser is responsible to us and to the Provider for the truthfulness, genuine nature and lawfulness of its Booking Requests and for advertising content provided by it and intended for display. It warrants that it holds all necessary rights, approvals, consents and labelling. This includes, in particular, competition, trademark, copyright, personality, media, youth-protection and other advertising-law requirements. The Provider’s own statutory review, selection and responsibility obligations remain unaffected.

(4) We do not perform a general prior review or any automated legal review of Booking Requests, campaign metadata or advertising content. The technical acceptance, storage or transmission of, or failure to object to, a Request or content does not constitute confirmation of its truthfulness, genuine nature, lawfulness or clearance of rights.

(5) In particular, Requests or content are prohibited where they:

violate applicable law or official orders;
are discriminatory, degrading to human dignity, glorify violence or are pornographic;
infringe third-party rights;
contain malware, spam or deceptive technical content; or
serve exclusively to investigate or identify Users, conduct market research without a genuine intention to initiate a transaction, harass others or circumvent the Platform.

(6) Political advertising within the meaning of Regulation (EU) 2024/900 on the transparency and targeting of political advertising is excluded until further notice. This includes, in particular, Booking Requests for advertising by political parties, electoral candidates or candidates for office, advertising directly intended to support or oppose a party, candidate, election or referendum, and any other political advertising falling within the material scope of that Regulation.

(7) The respective Provider decides independently whether to accept or reject a campaign or carry it out only subject to certain conditions. Providers may establish supplementary content requirements for their Advertising Spaces and remain responsible for their own decision regarding actual display. We do not guarantee that a legally permissible campaign will be accepted or displayed by a Provider.

§ 7 Booking Requests and Request Lifecycle

(1) An Advertiser may create a Booking Request for one or more Advertising Spaces. A Request may include Advertising Spaces of different Providers. For each Provider, only the Advertising Spaces assigned to that Provider’s Company are taken into account.

(2) Each Booking Request is a separate, atomic intermediation process. This also applies where the same Advertiser has previously requested the same or another Screen of the same Provider or where the Provider and Advertiser already know each other as a result of an earlier Contact Disclosure.

(3) Where campaign or Request metadata differ, the Request is generally deemed a new Request. The Platform may prevent multiple submissions of a technically identical data record; this does not give rise to any entitlement to consolidate substantively new Requests or disclose them free of charge.

(4) The Advertising Spaces assigned to a Request may be reduced by the Advertiser or the respective Provider, to the extent permitted by the Platform, until the paid order is placed. The selection stored by the system in the specific Request and ordering process remains authoritative. Deviating statements in the Chat or outside the Platform do not alter this selection or the resulting price calculation unless a different selection is expressly confirmed in the ordering process or by us in Text Form.

(5) A subsequent extension of a Request for which Contact Disclosure has already taken place is possible only if the Platform provides an express function for this in the future. In that event, a separate or additional paid Contact Disclosure may be provided for, provided that the specific price is displayed in a binding manner beforehand.

(6) The Booking Request is legally non-binding as such and creates neither a reservation nor a contract for an Advertising Space. This legal non-binding nature is not enforced by a technical block on subsequent declarations. Whether later Chat messages or declarations outside the Platform are legally binding depends on their respective content; § 8(3) applies.

(7) Booking Requests and the associated Chats generally remain in place until the Request is rejected, closed or withdrawn or the User Account, Workspace or Platform is terminated. There is no entitlement to unlimited storage, permanent accessibility or any particular automatic closing time.

(8) If a Request is effectively withdrawn before Contact Disclosure, Contact Disclosure is no longer available and no Contact Disclosure Fee is incurred. Withdrawal after Contact Disclosure has already taken place does not affect the Contact Disclosure service that has been fully performed.

§ 8 Anonymised Chat and Message Transmission

(1) Until Contact Disclosure, the Platform hides from the Provider the Advertiser’s Company name and contact email address stored in structured User, Company and contact fields. Anonymisation relates to these structured identity data; it does not guarantee that a User cannot be identified based on their own statements, the content of the conversation or other circumstances.

(2) Availability, price expectations, timing, campaign content, placement, technical requirements and other terms may in particular be discussed in the Chat.

(3) The Booking Request itself is non-binding. Depending on their specific content, Chat messages may constitute legally binding declarations or a contract directly between the Provider and the Advertiser. We do not review this and do not thereby become a contracting party.

(4) Free-text messages are not fully reviewed for content or identifying information before transmission. Users remain responsible for not transmitting or using contact details or identifying information contrary to § 11 before Contact Disclosure. The technical display or transmission of such information does not constitute Contact Disclosure and does not lift the prohibition on circumvention.

(5) Users may not transmit unlawful, insulting, threatening, misleading or abusive content, malware or spam in the Chat.

(6) We may, but are not obliged to, use technical filters or other tools to detect, block, reject or obscure, in particular, email addresses, telephone numbers, internet addresses, domains, Company names, social-media handles or other identifying information. Complete detection, review or freedom from error is not owed.

(7) There is no general manual prior review or continuous inspection of all messages. Where there is a specific reason, authorised employees or commissioned service providers may manually access and review messages to the extent necessary, in particular in connection with misuse reports, support cases, fake Requests, suspected fraud, complaints, disputes, security incidents, technical problems or enforcement of the prohibition on circumvention. Processing may take place through the support and contact channels announced from time to time; a separate review interface on the Platform is not owed unless mandatory law requires otherwise.

(8) The use of confidential information is additionally governed by § 15.

§ 9 Contact Disclosure, Price and Conclusion of Contract

(1) Only an authorised User of the Provider Workspace may order a Contact Disclosure.

(2) Through Contact Disclosure, the following data stored for the Advertiser are made accessible to the Provider for the specific Booking Request:

the Advertiser’s Company name; and
the stored contact email address.

The Advertiser is informed that Contact Disclosure has taken place.

(3) Contact Disclosure is a Request-specific intermediation and disclosure service. No ownership of personal data is transferred. Each Booking Request may constitute a new paid Contact Disclosure process even if the Provider already knows the Advertiser’s contact details from an earlier Request.

(4) The fee for a Contact Disclosure is determined by the pricing model displayed in the ordering process. Factors determining the price may include in particular:

a base fee per Booking Request and Provider;
a fee per Advertising Space or per additional Advertising Space assigned to the same Provider;
time-related factors such as the intended Campaign period, the Campaign duration per Advertising Space, lead time or the time at which the order is placed;
characteristics of the requested Advertising Spaces; and
volume, quota, tiered, package, flat-rate or promotional pricing models.

The factors, calculation units, unit prices and method of calculation applicable in each individual case are determined exclusively by the price breakdown displayed immediately before the payment process is initiated. If a Request includes Advertising Spaces of multiple Providers, Contact Disclosure constitutes a separate ordering and disclosure process for each Provider.

(5) Only the price breakdown and total amount displayed to the Provider immediately before the payment process is initiated for the specific Request and the Advertising Spaces included at that time are authoritative. General price information outside the specific ordering process is non-binding unless expressly designated as a binding offer.

(6) We may increase or reduce base fees, additional fees and pricing structures for future Contact Disclosures or replace them with time-limited promotional prices. A price change does not apply retroactively to a payment session that has already been generated and remains valid. The amount displayed in a payment session remains fixed until that session is successfully completed or expires. If a new order is started thereafter, the then-current price may apply.

(7) Before initiating payment, the Provider may review the Advertising Spaces taken into account for it and the price breakdown and correct them to the extent provided for. By initiating the payment process, the Provider submits a binding order for the Company designated in the ordering process.

(8) The contract for Contact Disclosure is concluded as soon as the payment service provider designated in the ordering process successfully confirms payment. In the event of a failed, cancelled, rejected or merely authorised or pending payment, the contract is concluded only upon a later successful payment confirmation. Until then, there is no entitlement to Contact Disclosure.

(9) Following successful payment confirmation, Contact Disclosure is generally performed automatically and immediately. The Provider receives an electronic confirmation from which at least the relevant Request, the ordering Company, the number of charged Advertising Spaces, the price breakdown, the total amount, the payment status and the version of the GTC applicable at the time of the order can be identified or clearly assigned.

(10) Order and transaction data are stored in accordance with statutory retention obligations and for evidentiary purposes. Input errors may be corrected before payment is initiated using the functions provided in the ordering process.

(11) All fees are exclusive of any value added tax required by law, where applicable. For as long as the Platform Operator claims the small-business VAT exemption under section 6(1)(27) UStG, no value added tax is charged. In all cases, the total amount actually payable as displayed in the ordering process is authoritative.

(12) We may offer individual Contact Disclosures free of charge or at a reduced price as part of promotions limited in time or subject matter. There is no entitlement to free Contact Disclosures, promotional prices or their continuation. Free promotional Contact Disclosures are non-transferable and do not give rise to any entitlement to cash payment.

(13) As the Platform is open exclusively to entrepreneurs, there is no statutory right of withdrawal or cancellation under the FAGG. Following complete performance of Contact Disclosure, there is also no voluntary right to cancel unless expressly provided otherwise in § 10. Mandatory statutory rights remain unaffected.

§ 10 Validity of Contact Details, Complaints and Refunds

(1) The paid service is generally fully performed once the Advertiser’s Company name and stored contact email address have been made accessible to the Provider for the specific Request.

(2) Contact details are not defective or invalid merely because the Advertiser does not respond following Contact Disclosure, does not continue negotiations, changes or cancels its campaign, price expectations do not align, no advertising-space contract is concluded or a concluded contract is subsequently not performed. A functioning general business contact address, such as an office or project address, constitutes a proper contact email address unless a personal email address was expressly promised in the ordering process.

(3) A defect eligible for a refund exists in particular where:

the disclosed contact email address is objectively incorrect or permanently technically undeliverable;
the stated Company or the identity underlying the Request is objectively fictitious;
contact cannot be established even after a reasonable correction that can be made promptly; or
the Contact Disclosure was in fact not made accessible due to a technical error.

(4) The Provider must report a suspected defect without undue delay and no later than 14 calendar days after Contact Disclosure by email to office@plugadplay.at. The report must identify the Request, the Contact Disclosure process, the alleged defect and any available evidence with sufficient specificity. Defects that could objectively be identified only later must be reported without undue delay after they become identifiable.

(5) We may investigate the complaint, contact the Advertiser, evaluate technical delivery information and manually review the relevant Request and Chat to the extent necessary. Where a prompt correction is possible and reasonable for the Provider, we may first provide a corrected contact email address.

(6) If a defect eligible for a refund is confirmed and cannot be appropriately corrected, we will refund the total amount paid for the relevant Request, including fees for additional Screens, to the payment method originally used. Processing times of the payment service provider are outside our control.

(7) Where there is reasonable suspicion of bot use, identity misuse, a non-genuine Request, a Request created solely to investigate or identify Users or another unusual case of misuse, the matter will be reviewed individually. If the misuse is confirmed, the total amount paid will be refunded. If the facts cannot be conclusively established, we may, following an appropriate assessment, voluntarily grant a full or partial refund; there is no entitlement to a discretionary goodwill payment.

(8) In particular, no refund is made in the event of a mere failure to respond, rejection, amendment or cancellation of the campaign, lack of commercial interest, differing price expectations, failure of negotiations, or failure to conclude or perform an advertising-space contract.

(9) If a Request is withdrawn before Contact Disclosure, no paid Contact Disclosure contract is concluded. If the Request is withdrawn only after Contact Disclosure, there is generally no entitlement to a refund because the Request-specific service has already been fully performed.

(10) Further claims are governed by § 19 and mandatory law.

§ 11 Prohibition on Circumvention and Use of Disclosed Contact Details

(1) Before an effective Contact Disclosure, Users participating in a specific Request may not intentionally or knowingly exchange, communicate in disguised form, investigate or use contact details or identifying information in order to circumvent paid Contact Disclosure for that specific Request.

(2) Contact details or identifying information include, in particular, names, Company names, email addresses, telephone numbers, websites, domains, social-media profiles, unique location or project information and references to prior communications where these are intended to enable identification or direct contact. This includes, for example, a statement such as “I’m Manfred from Example GmbH; contact me directly as you did last time” where this is intended to continue the specific Request outside the Platform. The prohibition on circumvention also applies if such information is technically displayed or transmitted because a free-text message was not fully reviewed in advance; the technical display does not constitute Contact Disclosure.

(3) The prohibition on circumvention applies while the Booking Request is open and for six months after the last communication concerning that Request through the Platform, provided that Contact Disclosure has not taken place for that Request.

(4) A specific business relationship is deemed to have been initiated through the Platform where the relevant campaign or contact was first initiated by a Booking Request or the related communication on Plug Ad Play and was subsequently continued outside the Platform. The fact that the Provider and Advertiser already knew each other or had previously communicated does not entitle them to continue the specific Request initiated through Plug Ad Play without Contact Disclosure by using contact details already known to them.

(5) The prohibition on circumvention does not cover transactions, campaigns or contacts that demonstrably arise independently of the specific Booking Request and without using information obtained through it.

(6) Following an effective Contact Disclosure, the Provider and Advertiser may continue the specific Request outside the Platform and may remain in direct contact thereafter. If the same Advertiser later submits another new Booking Request through Plug Ad Play, that Request constitutes a new and separate Contact Disclosure process notwithstanding their existing acquaintance.

(7) If a Provider intentionally or knowingly breaches the prohibition on circumvention under para. 1 by continuing the specific Request outside the Platform without ordering and paying for Contact Disclosure, the Provider owes the Platform liquidated damages in the amount of the Contact Disclosure Fee provided for the Request concerned. The right to claim any additional proven damage remains reserved. The Provider may prove that the actual damage was lower or did not occur.

(8) A merely unilateral disclosure of identifying information by the Advertiser that was not prompted by the Provider does not trigger a payment obligation for the Provider, provided that the Provider does not use the information to circumvent the Platform and does not continue communication outside the Platform. The Provider should report the incident without undue delay to office@plugadplay.at.

(9) The Advertiser does not owe a Contact Disclosure Fee as a result of circumvention. However, if the Advertiser intentionally discloses identifying information or participates in circumvention, we may warn the Advertiser, restrict its Request, temporarily suspend its account or terminate the User relationship. No additional contractual penalty is agreed. Further statutory claims remain unaffected.

(10) Following Contact Disclosure, the Provider may use the disclosed contact details to process the specific Request, document it in its CRM system and pursue a further individual business relationship permitted by law. Necessary internal disclosure to responsible employees, affiliated companies, commissioned agencies or professional advisers is permitted provided that they use the data solely for the relevant purpose and treat it with appropriate confidentiality.

(11) In particular, the sale of disclosed contact details, their public disclosure, disclosure for unrelated purposes and their use for unlawful mass marketing are prohibited. Following Contact Disclosure, the respective User is responsible for compliance with data-protection and communications-law requirements.

§ 12 Payment Processing and Invoicing

(1) Payments are processed through an external payment service provider identified in the ordering process, currently in particular Stripe. The available payment methods are displayed in the ordering process. The terms of the respective payment service provider may additionally apply to payment processing.

(2) Payment details are generally entered directly with the payment service provider. We receive only the payment and transaction information required for confirmation, allocation, accounting, refunds, fraud prevention and compliance with statutory obligations.

(3) If a payment fails, is rejected or is subsequently validly charged back, we may withhold Contact Disclosure or demand payment of the outstanding amount again. Further Contact Disclosures may be suspended until justified outstanding amounts have been fully resolved.

(4) Invoices and credit notes are issued electronically and transmitted by email and/or made available in the User Account. The Company consents to electronic invoicing and must keep its billing and contact details up to date.

(5) Invoice, payment, Contact Disclosure and refund data are stored in accordance with statutory retention obligations and for the establishment, exercise or defence of legal claims.

§ 13 User Content, Licences and Rights in the Platform

(1) Rights in User Content remain with the respective rights holder. However, the User grants us the rights of use required for the contractual provision and further development of the Platform in accordance with this provision.

(2) For the technical operation of the Platform, the User grants us a non-exclusive, worldwide, royalty-free right, limited to the period for which the respective content is provided, to store, reproduce, technically process, format, categorise, geocode, include in preview displays, make publicly accessible and disclose User Content to service providers engaged by us, insofar as this is required for hosting, map display, search, caching, data backup, security, support, moderation and contractual presentation.

(3) Technically necessary backup copies, logs and evidence may be retained after content is removed for as long as required for security reasons, error analysis, statutory obligations or legal defence. They will not be used publicly again unless there is another legal basis for doing so.

(4) For the promotion of Plug Ad Play, the Provider grants us the right to use Screen and location information already displayed publicly on the Platform and screenshots of the Platform to an appropriate extent in presentations, sales materials, press activities, social-media posts and advertising for the Platform. A User’s Company name, trademark or logo may appear only incidentally as part of a screenshot of the Platform and may not be specifically highlighted for advertising purposes. Any advertising use beyond this of a Company name, trademark or logo requires the separate consent of the respective rights holder in Text Form. Chat messages, non-public contact details and non-public campaign information are not included.

(5) Once a Screen entry has been removed, we will not commence any new marketing use of that entry. Digital content already published and print or presentation materials already produced may continue to be used or exhausted for a transitional period of three months, provided that no overriding legitimate interests of the Provider conflict with such use. Archives and evidence required by law remain unaffected.

(6) The User warrants that it holds all rights and consents required for the foregoing grant of rights. The User must inform us without undue delay if continued use is no longer legally possible.

(7) All rights in the Platform itself, in particular in software, source and object code, database structure, the selection and arrangement of proprietary data, design, trademarks, logos, texts, graphics and other Platform Operator content, remain with the Platform Operator or its licensors. The User is granted solely a non-exclusive, non-transferable right, limited to the duration of the User relationship, to use the Platform to the intended extent for its own business purposes.

(8) Prohibited User conduct includes, in particular, reverse engineering, decompilation or other technical analysis except where mandatorily permitted by law, circumvention of technical protection measures, automated scraping or crawling without prior consent, systematic extraction or reuse of substantial parts of the database and use of the Platform to develop a directly competing data set in infringement of our rights. These prohibitions do not establish any obligation of the Platform Operator to fully prevent or automatically detect scraping, crawling, bot use or other technical violations by technical means.

§ 14 Content Moderation, Notices and Complaints

(1) Where objectively justified, we may reject, refrain from publishing, restrict the visibility of, temporarily hide or remove User Content, Screen entries, Requests or messages or block access to them. Objective grounds include in particular:

an actual or suspected violation of applicable law, official orders or these GTC;
an infringement of third-party rights;
inaccurate, misleading, incomplete, outdated or implausible information;
security, fraud, spam or misuse risks;
technical requirements or the integrity and functionality of the Platform; or
repeated or material violations of quality and content requirements.

(2) Moderation measures are taken in response to specific circumstances and may be carried out manually by the Platform Operator or commissioned service providers. We may use technical filters, logs or other tools for support but are not required to automatically detect specific violations, content, contact details, spam, malware or patterns of misuse. Complete or error-free detection and review are not owed.

(3) The contact point for Users, authorities and notices concerning unlawful content or content that violates these GTC is:

office@plugadplay.at
Subject: “Notice of unlawful or prohibited content”

(4) A notice should include in particular:

a precise identification of the affected Screen entry, Request, message or other content;
the specific location or, where available, a link or ID;
a comprehensible explanation of why the content is alleged to be unlawful or prohibited;
the name and contact details of the person submitting the notice, unless an anonymous notice is legally permissible or objectively required; and
a declaration that the information is accurate and complete to the best of the reporting person’s knowledge.

(5) Where required by law and contact details are available, we will electronically acknowledge receipt of a sufficiently specific notice and, following a case-specific review, inform the reporting person of the decision taken. Processing may take place manually through the contact point referred to in paragraph 3; a separate technical complaint or review interface is not owed unless mandatory law requires otherwise.

(6) Affected Users will be informed of material content restrictions, removals or account suspensions and the principal reasons for them where required by law or appropriate in the circumstances, unless legal, official, security-related or investigative reasons prevent this. A review may be requested by email to office@plugadplay.at.

(7) There is no general obligation to actively monitor all stored or transmitted information or generally investigate unlawful activity. We remain entitled and, where required by law, obliged to appropriately process specific notices, official orders and violations of which we become aware.

§ 15 Confidentiality

(1) Information not publicly known that a User receives in connection with a Request or negotiation and that is designated as confidential or is recognisably intended to be treated as confidential in the circumstances may be used only to assess, initiate, negotiate and implement the relevant transaction.

(2) Disclosure is permitted to the User’s own employees, the relevant customer of the Advertiser, affiliated companies, commissioned agencies, technical service providers and legal, tax and other professional advisers, insofar as disclosure is necessary for the relevant purpose and the recipients are bound by confidentiality obligations or subject to statutory or professional duties of confidentiality.

(3) The confidentiality obligation does not apply to information that:

was already lawfully known;
is or becomes publicly known without breach of a confidentiality obligation;
was independently developed without use of the confidential information or lawfully obtained from a third party; or
must be disclosed pursuant to law or an official or court order.

(4) To the extent legally permissible, the affected User must be informed before a mandatory disclosure and the disclosure must be limited to the necessary extent.

(5) The confidentiality obligation continues for as long as the relevant information remains confidential under the foregoing criteria. The use of disclosed contact details is additionally governed by § 11.

§ 16 Availability, Further Development and Service Providers

(1) We endeavour to maintain reasonable availability of the Platform but do not owe any particular availability level, response time or uninterrupted use unless expressly agreed otherwise in Text Form.

(2) Temporary restrictions may arise in particular from maintenance, security updates, further development, capacity limitations, failures of telecommunications or cloud service providers, disruptions affecting the payment service provider, force majeure, official measures or other circumstances outside our reasonable control.

(3) We may change, replace, restrict or discontinue free functions where this is objectively justified and reasonable for Users taking their interests into account. There is no entitlement to retention of a particular user interface, search function, roles matrix, data structure or other free function.

(4) We may offer additional paid functions in the future. A contract for such an additional function is concluded only if the Company expressly orders it and the specific price is displayed beforehand. Services previously provided free of charge do not become chargeable retroactively.

(5) We may use suitable subcontractors and technical service providers to perform our services, in particular for hosting, payment processing, email delivery, mapping and geolocation services, analytics, security, support and moderation. The Privacy Policy contains data-protection information concerning the recipients and processors used.

(6) If a Contact Disclosure that has already been paid for has not yet been fully performed due to a disruption, we will perform it once the disruption has been remedied or refund the amount paid in accordance with § 10.

§ 17 Suspension, Termination and Consequences of Termination

(1) A User may terminate their personal User relationship at any time using a function provided by the Platform or by giving notice in Text Form. Termination of an entire Company Workspace may be declared only by an Administrator or another representative of the Company whose authority can be demonstrated.

(2) We may terminate the free User relationship for convenience by giving 14 days’ notice. Contact Disclosures already fully performed and existing payment obligations remain unaffected.

(3) Following a case-specific review and where objectively justified, we may temporarily restrict or suspend individual functions, User Accounts or a Workspace and may terminate the User relationship with immediate effect for good cause. Good cause exists in particular in the event of:

material or repeated breaches of these GTC;
circumvention or attempted circumvention of the fee model;
false information concerning identity, entrepreneurial status or authority;
reasonable suspicion of fraud, misuse or a security risk;
a threat to the Platform, other Users or third parties;
repeated payment default or abusive chargebacks; or
mandatory statutory, official or court requirements.

(4) Depending on the individual circumstances, we may choose less severe measures instead of permanent suspension, in particular a notice, warning, removal of individual content or temporary restriction. Immediate action is permissible in the event of serious, repeated or urgent violations. There is no entitlement to a particular sequence of measures or to any particular less severe measure.

(5) We will inform Users of material restrictions, suspensions or terminations and the principal reasons for them where required by law or appropriate in the circumstances, unless legal, official, security-related or investigative reasons prevent this. A review may be requested at office@plugadplay.at.

(6) Sanctions and other measures are based on a specific reason, in particular our own knowledge, a report by a User or authority, a support case, a security incident or other comprehensible indications, and may be decided manually. Continuous automated monitoring or complete automated detection of all violations is not owed.

(7) Upon termination, access to the User Account, Workspace, Screen entries, open Requests and Chats may end. There is no entitlement to unlimited data export or permanent accessibility unless mandatory law provides otherwise. Contracts already concluded between Users remain unaffected by termination.

(8) Payment, indemnification, confidentiality and other processing obligations that have already arisen remain in force. Data may continue to be stored insofar as required to comply with statutory retention obligations, for accounting, fraud prevention or the establishment, exercise or defence of legal claims.

§ 18 Discontinuation and Transfer of Platform Operations

(1) We may discontinue the operation of the Platform or individual material functions in whole or in part by giving a reasonable notice period of generally four weeks.

(2) Immediate discontinuation or discontinuation on shorter notice is permissible where required due to mandatory legal or official requirements, significant security risks, technical impossibility, failure of material third-party providers or economic unreasonableness. We will inform Users insofar as and as soon as this is legally and practically possible.

(3) Contact Disclosures that have already been paid for but not yet fully performed will, where possible, be completed or fully refunded. Free promotional Contact Disclosures do not give rise to any entitlement to cash payment or compensation.

(4) Discontinuation may end access to open Requests, Chats and other Platform data. Contracts and claims between Providers and Advertisers remain unaffected. Statutory retention obligations and necessary preservation of evidence remain in force.

(5) We may transfer the operation of the Platform and the associated User relationships to a legal successor in connection with a corporate reorganisation, contribution of the business, business succession, sale of the Platform business or other universal or singular succession, provided that the successor assumes the material rights and obligations and the Companies do not suffer any unreasonable material disadvantages as a result.

(6) Users will be informed of such a transfer in due time. If the transfer results in a material disadvantage for a Company, the Company may terminate the free User relationship before the transfer takes effect. The data-protection permissibility of any data transfer must be assessed separately.

§ 19 Statutory Warranty, Liability and Indemnification

(1) In relation to paid Contact Disclosure, we owe exclusively the Request-specific making available of the Advertiser’s stored Company name and contact email address in accordance with §§ 9 and 10.

(2) We provide no warranty or guarantee for User Content, Screen information, reach, availability, prices, authority or declarations of Users unless we have expressly warranted their accuracy in writing in an individual case.

(3) In particular, we are not liable for an Advertiser responding following Contact Disclosure, continuing negotiations, honouring an intention expressed in the Chat, concluding an advertising-space contract or performing such a contract. This also applies where specific prices, periods, quantities, campaign volumes or other terms have already been stated in the Chat. Liability for expected rental, advertising or campaign revenue, lost transactions or the commercial value of an anticipated contract between Users is excluded.

(4) If the owed Contact Disclosure is not performed or is defectively performed due to an error attributable to us, we will first provide a reasonable correction or repeat the Contact Disclosure. If this is not possible or not appropriate, we will refund the total amount paid for the relevant Contact Disclosure process. To the extent permitted by law, compensation claims based exclusively on the failure to perform or defective performance of Contact Disclosure are limited to that amount.

(5) In all other respects, irrespective of the legal basis, we are liable only for damage caused intentionally or by gross negligence. Liability for ordinary negligence is excluded to the extent permitted by law. This exclusion does not apply to personal injury or any other liability that cannot legally be excluded or limited.

(6) To the extent permitted by law, we are not liable for indirect damage, consequential damage, loss of profit, loss of anticipated savings, purely consequential financial loss or loss of data. The exclusions of liability under this paragraph do not apply in cases of intent, gross negligence, personal injury or other liability that cannot legally be limited.

(7) We are liable for failures or delays caused by force majeure, disruptions to public communications networks, failures of hosting, mapping, email or payment service providers and other circumstances outside our reasonable control only to the extent that we are at fault under the foregoing provisions.

(8) The Company shall indemnify and hold us harmless against justified third-party claims, including reasonable legal defence costs, to the extent that the claims arise from User Content, Screen information, marketing activities, campaign content, infringements of rights, lack of authority or breaches of these GTC attributable to the Company or its Users. We will reasonably inform the Company of claims asserted and, where possible, give it an opportunity to participate in the defence.

(9) Mandatory statutory claims, in particular non-excludable claims under data-protection, product-liability or other mandatory law, remain unaffected. Statutory limitation periods apply.

§ 20 Data Protection, Data Access and Retention

(1) Information concerning the processing of personal data, the service providers used, storage locations, legal bases, recipients and data-subject rights is contained in the Privacy Policy at https://plugadplay.at/en/privacy. The Privacy Policy is not part of these GTC.

(2) As part of a Contact Disclosure, only the respective Provider receives the Advertiser’s Company name and stored contact email address. The Advertiser is informed of the Contact Disclosure.

(3) The Provider’s use of the disclosed data is governed by § 11 and applicable data-protection and communications law. Contact Disclosure does not constitute the Advertiser’s blanket consent to newsletters, mass marketing or other unrelated direct advertising.

(4) Invoice, payment, Contact Disclosure and other records relevant under tax or company law are retained for the period prescribed by law. Chats, closed Requests, support cases, evidence of misuse and other Platform data are stored in personally identifiable form only for as long as required for the respective purpose, security, fraud prevention, legal defence or statutory obligations.

(5) Termination of an account does not necessarily result in the immediate deletion of all data. Statutory retention obligations, legitimate interests in preserving evidence and the rights of other Users remain unaffected.

§ 21 Amendments to the GTC and Prices

(1) We may amend these GTC where this is required due to changed legal or official requirements, security risks, technical developments, new or changed Platform functions, further development of the business model or the elimination of regulatory gaps, provided that the amendment does not unreasonably disadvantage Users.

(2) Each paid Contact Disclosure is governed exclusively by the version of these GTC that was made available to the Company in the relevant ordering process before the binding order was submitted and was identified in the order confirmation pursuant to § 9(9). Subsequent amendments do not affect Contact Disclosures already ordered or performed.

Unless paragraph 3 or 4 applies, amendments to the free User relationship will be announced at least 15 days before their intended effective date in Text Form or by means of a notice in the User Account that remains permanently available. The amended version becomes effective for the Company as soon as an authorised User expressly accepts it using the function provided for this purpose in the User Account.

We may combine the amendment offer with a termination for convenience of the previously existing free User relationship with effect from the intended amendment date in the event that the Company does not accept the amended version in due time. The announcement will separately and clearly draw attention to the amendments, the option to accept them, the consequences of not accepting them and any associated termination. The Company may terminate the free User relationship with immediate effect at any time up to the amendment date.

(3) Purely editorial amendments, corrections of obvious errors, updates to contact or Company information and amendments required due to mandatory statutory provisions that do not materially worsen the legal position of Companies may take effect at the stated time upon notice.

(4) A shorter notice period or immediate entry into force is permissible where required due to mandatory legal or official requirements, to avert specific security or misuse risks or to remedy a serious regulatory gap. In such a case, we will inform Users as early as legally and practically possible.

(5) Price changes for future Contact Disclosures do not constitute an amendment to these GTC as long as the factors determining the price remain within the scope of § 9(4) and the specific total amount is displayed in a binding manner before the order is placed. Contact Disclosures that have already been successfully paid for or whose price has been fixed within a payment session that remains valid are unaffected.

(6) Contact Disclosures already fully performed are not retroactively modified by subsequent amendments to these GTC.

§ 22 Final Provisions

(1) Austrian law applies, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

(2) For all disputes arising out of or in connection with these GTC, the User relationship or a Contact Disclosure, exclusive jurisdiction in relation to entrepreneurs is agreed to lie with the court having subject-matter jurisdiction at the registered office of the Platform Operator in Vienna, insofar as such a jurisdiction agreement is permitted by law.

(3) The contract language is German. Translations are provided solely for convenience. In the event of discrepancies, the German version prevails.

(4) Legally relevant notices may be sent electronically to the email address stored in the User Account or through the User Account. Users must keep their contact details up to date. Notices of termination and other declarations for which these GTC prescribe Text Form may be submitted by email.

(5) The assignment of rights or transfer of the User relationship by a Company requires our prior consent in Text Form. § 18(5) and (6) remains unaffected.

(6) If individual provisions of these GTC are or become wholly or partly invalid, unenforceable or incomplete, the validity of the remaining provisions remains unaffected. The statutory provision shall replace the invalid or unenforceable provision. Reduction of a provision to preserve its validity applies only to the extent permitted under applicable law.