General Terms and Conditions

for the use of HelpYa by businesses · Version: 2 October 2026

1. Scope

(1) These Terms and Conditions apply to all contracts for the use of the digital pager service “HelpYa” between FFM&M RE GmbH, Sybelstraße 31, 10629 Berlin, Germany (hereinafter “HelpYa”), and its customers.

(2) HelpYa is aimed exclusively at entrepreneurs (Unternehmer) within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law (öffentlich-rechtliche Sondervermögen). Consumers cannot conclude a contract.

(3) Deviating terms of the customer apply only if HelpYa has expressly agreed to them in text form (Textform).

2. Services

(1) HelpYa provides web-based software with which the customer can notify its own customers (hereinafter “guests”) on their own mobile phone as soon as an order, a table, an appointment or a job is ready – by web push notification, status page and, where available, wallet pass.

(2) The scope of services includes in particular access to the collection-point and administration interface, the customer display, the reports, the customisation of logo and colour, and one free NFC contact point per business. The customer can order further NFC contact points in the customer area at cost price (currently €5 plus VAT per unit, shipping included), on request in a design of its own; they are paid for immediately upon ordering and are printed and dispatched once payment has been received. HelpYa contact points are supplied exclusively by HelpYa. For garages, a vehicle pass and reminders may be added; as a pre-release version, these functions are currently included at no extra charge and may later become part of a paid package (“HelpYa Pro”), of which HelpYa will give notice in good time beforehand.

(3) The service is provided via the internet. The customer is itself responsible for internet access, end devices (e.g. a tablet or smartphone at the collection point) and their operation.

(4) The delivery of notifications depends on third-party services (in particular the push services of Apple, Google and Mozilla as well as Google Wallet and Apple Wallet) and on the settings of the guest’s device. HelpYa therefore does not owe that every notification reaches the guest. The interface shows whether a notification has been received, so that the customer can otherwise call the guest itself.

(5) HelpYa continuously develops the service and may change it, provided that the agreed core of the service is preserved and the change is reasonable for the customer.

3. Conclusion of contract and access

(1) The contract is concluded when, following an enquiry, HelpYa sets up access for the customer and transmits the access credentials.

(2) The customer keeps passwords, invitation and login links as well as the login QR code secret and passes them on only to its own staff. If there is a suspicion that unauthorised persons have gained access, the customer renews the login code in the customer area and informs HelpYa.

4. Plans, prices and payment

(1) Free plan: From the time access is set up, the customer can use HelpYa permanently free of charge, without subscribing, with up to 20 numbers per calendar month; this does not give rise to a paid contract. If the customer exceeds 20 numbers in a calendar month for the first time, HelpYa informs the customer in text form (Textform); use remains unlimited for a further five days. Thereafter, without a subscription, HelpYa issues at most 20 numbers per calendar month. This transitional period is granted only once.

(2) Subscribed plan: If the customer subscribes to HelpYa (e.g. via the customer area), the fee is €15 per month and location plus statutory VAT, irrespective of the number of notifications, unless otherwise agreed. Each subscribed plan applies to one location; each further location (e.g. each branch) must be subscribed separately. A framework agreement may be concluded for businesses with several locations. For garages and special requirements, the individually agreed offer applies.

(3) The fee is invoiced monthly in advance and is payable without deduction within 14 days of invoicing.

(4) HelpYa may change the prices by giving six weeks’ notice in text form (Textform) to the end of a month. The customer may then terminate the contract with effect up to the date on which the change takes effect; HelpYa will draw attention to this in the notice.

5. Term and termination

(1) The contract runs for an indefinite period. The subscribed plan may be terminated by either party at any time with effect from the end of the current calendar month; thereafter the free plan applies again, unless the customer wishes to end access altogether. Notice of termination must be given in text form (Textform) (e.g. by email to kontakt@helpya.com).

(2) The right to terminate for good cause without notice remains unaffected. Good cause exists for HelpYa in particular if the customer is in default with the payment of more than two monthly fees or uses the service in breach of contract despite a warning.

(3) Upon termination of the contract, access is blocked. The data processed on behalf of the customer are deleted in accordance with the Data Processing Agreement.

6. Customer obligations

(1) The customer uses HelpYa only to notify its guests in connection with their order, appointment, table or job. It may send promotional messages only to guests who have validly consented to this; the functions provided for this purpose (e.g. reminders at garages) obtain such consent from the guest.

(2) The customer uploads as a logo only content to which it holds the necessary rights and which is not unlawful.

(3) The customer draws its guests’ attention to the privacy information in an appropriate manner; for this purpose HelpYa provides a link that is displayed on every guest page.

(4) The customer refrains from anything that impairs the security or stability of the service, in particular automated mass queries outside the documented interfaces.

7. Data protection

Insofar as HelpYa processes personal data of guests on behalf of the customer, the Data Processing Agreement, which forms part of this contract, applies. Otherwise the Privacy Policy applies.

8. Availability and maintenance

HelpYa endeavours to ensure availability with as few interruptions as possible. Maintenance work is carried out outside normal business hours wherever possible. A specific level of availability is owed only if separately agreed. In the event of outages, the customer can call its guests at any time as before.

9. Liability

(1) HelpYa is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee assumed.

(2) In the event of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

(3) Under the free plan, HelpYa is liable – except in the cases of paragraph 1 – only for intent and gross negligence.

(4) Strict liability (irrespective of fault) for defects already existing at the time the contract is concluded (§ 536a(1), first alternative, BGB) is excluded.

10. Changes to these Terms and Conditions

HelpYa may amend these Terms and Conditions with effect for the future where this is necessary for an objective reason (such as changes in the law or new functions) and does not unreasonably disadvantage the customer. Changes are notified in text form (Textform) at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted; HelpYa will draw attention to this consequence and to the right of termination in the notice.

11. Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin.

(3) Should individual provisions be invalid, the remainder of the contract remains valid.

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