Terms and conditions

as per June 1st, 2024

I. DESCRIPTION

  1. tounify is an online platform and offers information on variable electricity and network tariffs in Europe. tounify.io is operated by crewbands GmbH, FN 497477i, Burgring 1 / DG 23, 1010 Vienna.
  2. The aim of the online platform is to provide users with a uniform interface to day-ahead and other price information from European energy suppliers and network operators. The information provided can serve as a basis for flexible consumption control (“service”).
  3. At present, electricity and network tariffs from a large number of providers across Europe (one “provider” and the “providers” together) can be called up via the interface. The number and tariffs of the providers can vary and can be changed by tounify at any time, especially if insufficient price / performance information is available. tounify therefore does not guarantee complete and conclusive coverage of the European market. The tariffs specified on tounify are not set by tounify itself, but are either actively provided by the providers or collected by providers on the basis of published information.
  4. tounify directs its offer to companies and business people (“user”, specifically not to end consumers. Entrepreneurship is a prerequisite for using the tounify interfaces.
  5. The user receives a personalized token from tounify. Access to the tounify offer is only possible using the token. Unless otherwise stated, billing is based on the number of hits per month. Billing starts from the activation of the token or acceptance of the offer, whichever comes first. A separate billing must be agreed in writing. A token issued for test purposes is free of charge, there is no billing.
  6. The users’ customers (“end users”) do not become contractual partners of tounify. The data made available to the user can be used to control energy consumption. The results of the queries largely depend on the information provided by the user and the end user (s) and are not a recommendation by tounify to terminate an existing contract or to choose another provider. In particular, the ranking of the results does not constitute a recommendation. The users and end users decide independently and on their own responsibility whether and, if so, how to use the search results.
  7. The data provided by tounify cannot be used to bill the energy used or to calculate possible energy costs.

 

II. PRE-CONTRACT AND CONCLUSION OF CONTRACT

As part of the contract initiation, tounify can create a test token to grant the potential customer access to the database. This test token can be made inactive at any time without giving a reason. It is expressly agreed that the potential customer has no right to access the database before the conclusion of the contract.

If the user does not want any further advice, tounify will prepare a written offer at the request of the user. After accepting the offer, tounify will create a token if no token is available yet. The acceptance of the offer must be made in writing and will be confirmed by tounify. If a test token is available, it can be activated by tounify. Billing starts from the activation of the token or acceptance of the offer, whichever comes first.

 

III. FEES AND CHANGES TO FEES

  1. The fees for using the service are based on the current price list; any deviating agreements must be made in writing. The prices are exclusive of statutory sales tax.
  2. A distinction is made between monthly fixed fees (e.g. basic fee per country, individually agreed flat fee), variable fees (usage-based billing) and one-off fees (e.g. setup fee at the start of the contract). The fees applicable to the respective contract are billed monthly in arrears.
  3. tounify reserves the right to change (increase or decrease) fees by up to 10% annually. Users will be informed in writing before a price adjustment.

 

IV. LIABILITY

  1. The product and price overview is created on the basis of tariffs made available or published by the provider. Tounify takes the greatest possible care in the ongoing implementation and updating of the tariffs as well as the processing of the data provided by the user. Nevertheless, transmission errors, technical interruptions and errors can occur in individual cases. Because the tariffs are constantly changing, the price in the price overview may differ from the price actually offered by the provider in individual cases. tounify does not guarantee to include all providers or products on the European market in the database.
  2. tounify does not give any assurance about the suitability, availability or quality of the tariffs shown in the database and in particular does not assume any liability for the availability of these. The respective provider with whom the end user needs a corresponding contract is responsible for this.
  3. tounify therefore assumes no liability for a complete and correct product and price overview or for the complete and correct transmission of the data requested by the user to the end consumer – except in the case of willful or grossly negligent behavior. With the exception of personal injury, any liability on the part of tounify for slight negligence is completely excluded.
  4. tounify does not guarantee any entitlement of the user or the end customer to actual savings.
  5. A party’s total liability to the other party under or in connection with this agreement shall not exceed the total contract value.

 

V. CONTRACT DURATION, TERMINATION AND BLOCKING

  1. Contracts concluded between the contracting parties for the purchase of services or other long-term obligations are concluded for an indefinite period or for the agreed specific period. In the latter case, the contractual relationship, unless by its nature it is geared towards a one-off, time-limited event, is automatically extended by the original contract duration, unless it is terminated by one party by written notice with one month’s notice. If no agreement has been made to waive termination, contracts concluded for an indefinite period can be terminated in writing with one month’s notice to the end of the month.
  2. This one-month notice period to the last day of the month also applies in the event of changes to the Service, e.g. reduction of queries by one country.
  3. Compliance with the agreed payment dates is an essential condition for the provision of services by tounify. In the event of late payment, after unsuccessful reminders in writing or electronically, after setting a grace period of two weeks and threatening to interrupt the service or terminate the contract, tounify is entitled, at its discretion, to interrupt the service or terminate the ongoing obligation with immediate effect.
  4. In addition to late payment, important reasons for terminating the contract include the opening of insolvency proceedings against the user or the rejection of such proceedings due to a lack of assets to cover costs; the application for an out-of-court settlement attempt; the pendency of at least two enforcement proceedings by the user’s creditors; the initiation of liquidation proceedings or the suspicion of misuse of the service; in the event of a breach of legal regulations, official requirements or contractual provisions; and also if the user causes a disproportionate data transfer.
  5. At its own discretion, tounify can proceed not only with termination of the contract, but also with interruption of the service instead. Furthermore, touinfy is entitled not only to complete but also to partial blocking if violations are suspected.
  6. tounify will endeavour to use the mildest means possible and will inform the user immediately of the measures taken and the reason for them. The right to extraordinary termination of the contract by tounify for good cause remains unaffected.
  7. All cases of immediate termination of the contract, interruption of the service or its shutdown, which occur for a reason attributable to the user, do not affect tounify’s claim to the fee for the contractually agreed contract period until the next possible termination date and to the assertion of claims for damages.
  8. The user is expressly advised that if the contractual relationship is terminated, for whatever reason, tounify is no longer obliged to continue the agreed service.

 

VI. DATA PROTECTION INFORMATION

  1. The collection, processing and use of data by tounify always takes place in accordance with the applicable legal provisions, in particular in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act (DSG) 2018, the Data Protection Directive for Electronic Communications (E-Privacy Directive) and the Telecommunications Act (TKG) 2003 as well as the other applicable EU regulations.
  2. All data provided by the user is treated confidentially and used for the purpose of comparing products from providers or for contacting tounify. Any further use of data takes place exclusively on the basis of a separate consent given by the user. The data is only passed on to providers on behalf of the user.
  3. In addition to these terms and conditions, the data protection information, available at https://www.tounify.io/en/privacy-policy/, is an integral part of these terms and conditions.

 

VII. MISCELLANEOUS

  1. tounify commits to updating the database on a regular basis and will keep its clients informed with a regular newsletter, including details on countries covered, number of suppliers and tariffs in each country as well as estimated percentage coverage of population in each country.
  2. Adjustments, changes and additions to the contractual services as well as measures that serve to identify and eliminate malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
  3. Monitoring of the basic functions of the services occurs daily. Maintenance of the services generally takes place from Monday to Friday 8:00 a.m. to 7:00 p.m (CET). In the case of serious errors – the use of the services is no longer possible or is seriously restricted – the repair begins no later than 2 hours after tounify becomes aware of it. tounify will inform the user of the maintenance work in good time and carry it out as soon as possible. If it is not possible to resolve the error within 12 hours, its customers will be notified in writing within 24 hours, stating the reasons and the period of time that is expected to be required to resolve the error.
  4. The availability of the services is 99% on an annual average. This does not include downtime due to maintenance and updates, times in which the service cannot be accessed via the Internet due to technical or other problems that are beyond tounify’s control (force majeure, fault of third parties, etc.). In order to be able to use the service to its full extent, the customer must use the latest (browser) technologies or enable their use on his computer (e.g. activation of Java script, cookies, pop-ups). If older or not generally used technologies are used, the customer may not be able to use tounify’s services at all or only to a limited extent.
  5. In the event of termination of the online platform by tounify, the user has the right to take over the data and the API made available to him. The user will provide the customer with the data and the API in a common format. The user is responsible for accepting and storing the data. tounify will provide the user with support in the acquisition and use of the data and the API for a period of two weeks after the end of the online platform. The User is obliged to use the Data and the API after termination of the Online Platform in accordance with applicable data protection laws and regulations. tounify reserves the right to anonymise or aggregate the data and API before making it available to the customer.
  6. These Terms & Conditions are for informational purposes only. The legally binding version of these Terms & Conditions is the German version that can be found here.

 

VIII. APPLICABLE LAW AND JURISDICTION

  1. The use of the online platform and all related services and obligations are subject to Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The exclusive place of jurisdiction for disputes within the scope of the Lugano Convention or the Brussels I Regulation is Vienna, Austria.
  3. For all cases outside this scope of application, the jurisdiction of the International Arbitration Court of the Austrian Chamber of Commerce in Vienna is agreed. The place of arbitration is Vienna, Austria. The language of arbitration is German. If the contract is drawn up in a language other than German, English is the language of arbitration.
  4. However, tounify is entitled in all cases to take action against the customer before another court with jurisdiction over him.

IX. FINAL PROVISIONS

If a provision of these General Terms and Conditions is or becomes invalid in whole or in part, this does not affect the validity of the remaining provisions in the General Terms and Conditions (severability clause).