Terms and Conditions (GTC)

Introduction

These General Terms and Conditions (“GTC”) govern the use of the software products ALPACUNA Herds and ALPACUNA Shows (together “ALPACUNA” or the “Service”). The provider and contracting party is Matthias Popp, sole proprietor, trading under the brand “Appicenter” (product suite ALPACUNA), Hammerstraße 80, 4453 Trattenbach, Austria (“ALPACUNA”, “we” or “us”).

ALPACUNA is a cloud-based platform for managing alpaca herds (“Herds”) and organizing alpaca shows (“Shows”). Customers within the meaning of these GTC are all persons and organizations that use ALPACUNA, in particular alpaca breeders and keepers (whether commercial or private), associations, and other organizations. A distinction is made between “Consumers” and “Business Customers” (see Section 1). Provisions that apply only to Consumers or only to Business Customers are marked accordingly; all other provisions apply to all customers. Mandatory statutory consumer protection provisions remain unaffected.

By creating an account or entering into a subscription, customers accept these GTC by clickwrap. Persons acting on behalf of an organization represent that they are authorized to act and sign on its behalf. Further information on the processing of personal data can be found in the separate Privacy Policy.

1. Parties and Definitions

Customer Any natural person (e.g., alpaca breeder or keeper, sole proprietor), legal entity, association, or other organization that uses an account. Persons acting on behalf of an organization represent that they are authorized to make declarations and to use the Service on its behalf.

Consumer A natural person who enters into the Agreement for purposes that do not belong to the operation of a business (Sec. 1 of the Austrian Consumer Protection Act, KSchG), e.g., a private alpaca keeper.

Business Customer Any customer who is not a Consumer, in particular entrepreneurs, farms, associations, and other organizations.

Customer Content All data that customers enter into ALPACUNA (including animal data, pedigrees, health notes—if recorded—show registrations/results, comments, files).

Agreement These GTC, the service description, the selected price/plan, and any individual agreements between the parties.

Subscription Paid use of a feature package of ALPACUNA Herds (e.g., Herds plan) for a defined term.

2. Service Description

2.1 ALPACUNA Herds

Herds supports alpaca breeders and keepers, farms, and associations in the management of alpaca herds. Core features include recording and maintaining master data, pedigrees, medical treatments, pregnancies/births, ownership changes, and maintaining a herd register. Certain register-relevant data (e.g., pedigrees) may be viewable in the public register to ensure breeding transparency.

2.2 ALPACUNA Shows

Shows is a tool for organizing and running alpaca shows. It supports registrations, start lists, scoring by show judges, results, and rankings. Organizers can set up shows, manage participants, and publish results. Using Shows is free of charge for breeders and other users who register animals or fleeces for a show; for them, no subscription is concluded. Any fees for show organizers are agreed and settled individually between ALPACUNA and the respective organizer (see Section 5.1).

2.3 Updates and Maintenance

We continuously develop ALPACUNA. Reasonable adjustments to functionality, user interface, and technical infrastructure are permitted provided essential performance characteristics are not impaired. Security updates and purely functional improvements may be deployed at any time. Material changes affecting customer rights or obligations will be announced at least 30 days in advance in text form (e.g., by email or in-app notice).

3. Account, Eligibility, and Conditions of Use

3.1 Registration and Access Credentials

Using ALPACUNA requires a user account and full legal capacity (minimum age 18). Complete and accurate information must be provided during registration; access credentials must be kept confidential. Access is password-protected; passwords are stored solely as hashes. Persons registering on behalf of an organization represent that they are authorized to act and sign for it. For Business Customers, ALPACUNA may request proof of their business or organizational status (e.g., VAT ID, farm number, or appropriate documents) where this is required for billing, tax treatment, or association membership. ALPACUNA may mandate reasonable security measures (e.g., MFA/2FA, password policy).

3.2 Permitted Use

ALPACUNA may only be used in accordance with the Agreement and applicable law. In particular, the following are prohibited:

1. Unlawful, discriminatory, or content infringing third-party rights (in particular personality, copyright, trademark, or data protection rights).
   
2. Incorrect or misleading animal/register/show data, manipulation of scores/results, transmission of harmful software, or spam.
   
3. Misuse of the platform, especially harassment, spying or intrusion into third-party systems, as well as circumventing technical or organizational safeguards.
   

In the event of violations, ALPACUNA may temporarily suspend accounts, remove content, and terminate the Agreement for cause; further rights remain unaffected.

3.3 Customer Content and Responsibility

Customers remain owners of their submitted content. They grant ALPACUNA a royalty-free, non-exclusive right limited to the contract term to store, reproduce, transmit, and technically analyze such content (e.g., compute pedigrees) and—where this is part of the functionality (e.g., public register, animal passports, show results)—to publish it. Customers warrant that they are entitled to submit the content, do not infringe third-party rights, and fulfill necessary consents/information obligations towards their own users/data subjects.

4. Moderation, Notice-and-Action and Complaints (DSA)

ALPACUNA is subject to the Digital Services Act (DSA). We maintain clear, transparent terms and inform about material changes to these terms in text form.

4.1 Notice-and-Action (Reports)

Customers (or their authorized users) can report allegedly unlawful content or content violating these GTC to office@alpacuna.com. To enable efficient processing, reports should in particular include:

• the exact location/URL or ID of the content within ALPACUNA,
  
• a description of the issue,
  
• where possible: the legal basis (e.g., infringed norm/rights) and evidence,
  
• contact details of the reporting party and a statement that the information is correct to the best of their knowledge.
  

We review reports promptly and decide whether to remove, block, or keep content. Obviously abusive reports may be rejected.

4.2 Duty to State Reasons

If we take measures (e.g., removal of content, account restriction), the affected customers receive a statement of reasons including the nature and reason of the measure, the GTC/legal provisions underlying it, and the available remedies.

4.3 Internal Complaint Handling

Decisions can be appealed within six months via email to office@alpacuna.com. Complaints are reviewed by qualified personnel, impartially and without undue delay; the outcome may lead to revocation, modification, or confirmation of the measure.

4.4 Out-of-Court Dispute Settlement (DSA Art. 21)

If customers disagree with the outcome of our complaint mechanism, they may turn to an out-of-court dispute settlement body certified under Art. 21 DSA. These bodies operate independently and impartially and offer a cost-efficient alternative to court proceedings. We participate in good faith. (A list of certified bodies is provided by the European Commission.)

4.5 Notification to Authorities

If there is a reasonable suspicion that content poses a risk to life, health, or safety or otherwise endangers significant legal interests, we may share information with competent authorities and take the necessary cooperation measures.

5. Fees, Billing & Taxes

5.1 Price Plans and Fees

ALPACUNA Herds is offered on the basis of subscriptions (monthly or yearly). Prices depend on the plan, number of users, scope of features, and term, and are displayed on our website and at checkout before the contract is concluded. All prices are in EUR and include statutory VAT, unless expressly stated otherwise (e.g., in an individual offer to a Business Customer). Value-added tax is determined by our payment partner on the basis of the billing address and tax status; where legally applicable, the reverse-charge mechanism or other tax treatment is applied for Business Customers with a valid VAT ID (see Section 5.5).

ALPACUNA Shows is free of charge for breeders and other users who register animals or fleeces for a show. Any fees for show organizers are agreed individually between ALPACUNA and the organizer and settled directly between them; they are not charged via the checkout or the payment processing described in Section 5.5. No free trial applies to Shows.

5.2 Payment and Due Date

Payments for Herds subscriptions are made in advance for the agreed term via our payment partner (see Section 5.5). Receipts and invoices are provided electronically. If a payment remains outstanding despite due date and reminder, we may suspend the account and terminate the Agreement for cause.

5.3 Tiered Pricing (Associations)

Fees are based on the relevant number of users of the association as per the agreed price list and tiers.

1. Counting Time: The relevant number is the count of activated user accounts in the association at 06:00 on the first day of the billing period (time zone: Europe/Vienna).
   
2. Tier Changes: Changes in tier (up or down) take effect from the next billing period. No retroactive adjustment is made within the current period; fees already charged remain unaffected.
   
3. Determination & Cooperation: ALPACUNA may technically determine the relevant user count. The association keeps user accounts up to date and removes access that is no longer needed.
   
4. Objection Period: If the association believes the counts are incorrect, objections must be raised within 3 business days from the start of the period; thereafter they are deemed confirmed.
   

5.4 Free Trial and Automatic Renewal

New customers may be offered a free trial of ALPACUNA Herds (currently 30 days). To start the trial, a valid payment method (e.g., a credit card) must be provided. No fees are charged during the trial period. The free trial applies to Herds subscriptions only.

Unless the customer cancels before the trial ends, the trial automatically converts into a paid subscription for the selected plan (monthly or yearly), and the first payment is collected at the end of the trial at the price shown at checkout. We will inform customers in good time before the trial ends about the chargeable nature of continued use and the option to cancel at no cost. The subscription then renews automatically for the same billing period until it is cancelled (see Section 13.1). Cancellation during the trial is possible at any time and free of charge.

5.5 Payment Processing by Our Payment Partner

Payments for ALPACUNA Herds subscriptions are processed by our payment partner Creem (creem.io), operated by Armitage Labs OÜ (Estonia), which acts as merchant of record and seller of the subscriptions. In this role, the payment partner collects payments, determines and accounts for applicable sales taxes, issues receipts and processes refunds. For the purchase and the payment transaction, the Buyer Terms of Creem and the privacy notice of the payment partner apply in addition to these GTC; in the event of a conflict regarding the purchase transaction, the Buyer Terms of Creem prevail (see Section 15.5). Customers can manage their payment method and cancel their subscription via the link in the payment receipt or by email to office@alpacuna.com. The payment processing via Creem does not apply to ALPACUNA Shows.

6. Price Adjustments

“Billing period” means the chosen term (e.g., month or year).

ALPACUNA may adjust fees and tiers for future billing periods; no retroactive effect. Changes will be communicated at least 30 days before taking effect in text form (e.g., by email or in-app notice) and apply from the next renewal or billing period.

Business Customers may object to the adjustment before it takes effect; in that case the Agreement ends at the end of the current billing period. During an agreed fixed term with prepayment, fees remain unchanged for the remaining term. Price reductions are passed on without delay.

For Consumers, price adjustments take effect only if the Consumer expressly agrees to them. If the Consumer does not agree, the previous price continues to apply until the end of the current billing period, and either party may terminate the Agreement effective at the end of that period.

7. Withdrawal (Right of Revocation)

7.1 Consumers. Consumers have the right to withdraw from this distance contract within 14 days without giving any reason (Austrian Distance and Off-Premises Contracts Act, FAGG). The withdrawal period is 14 days from the conclusion of the contract, i.e., from the start of the free trial or the subscription order. To exercise the right of withdrawal, the Consumer must inform us or our payment partner Creem of the decision to withdraw by means of a clear statement (e.g., by email to office@alpacuna.com, by using the withdrawal form made available by Creem, or by letter to ALPACUNA, Matthias Popp, Hammerstraße 80, 4453 Trattenbach, Austria). The Consumer may use the model withdrawal form below, but is not obliged to do so. To meet the withdrawal deadline, it is sufficient to send the communication before the withdrawal period expires. Further provisions on withdrawal, including the statutory expiry of the right of withdrawal in certain cases, are set out in Section 8 of the Buyer Terms of Creem, which apply to the purchase.

Consequences of withdrawal. If a Consumer withdraws, all payments received are reimbursed without undue delay and at the latest within 14 days of receipt of the notice of withdrawal, using the same means of payment used for the original transaction. Refunds are processed by our payment partner Creem; we forward any notice of withdrawal we receive to Creem without delay. If the Consumer expressly requested that the service begin during the withdrawal period, the Consumer pays a proportionate amount for the services provided up to the time of withdrawal; during the free trial, this amount is zero.

7.2 Business Customers. No statutory right of withdrawal applies to Business Customers. Contractual termination rights (see Section 13) remain unaffected.

7.3 Model Withdrawal Form. (Complete and return this form only if you wish to withdraw from the contract.)
To: Matthias Popp, Hammerstraße 80, 4453 Trattenbach, Austria, office@alpacuna.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: ALPACUNA subscription (plan: ______)
Ordered on (*) ______
Name of consumer(s): ______
Address of consumer(s): ______
Signature of consumer(s) (only if this form is notified on paper): ______
Date: ______
(*) Delete as appropriate.

Notes on the processing of personal data and on revoking data protection consents (if given) are set out in the Privacy Policy.

8. Changes to Services and GTC

We may adjust these GTC and the scope of ALPACUNA to respond to legal, security-related or technical developments, as well as product-related enhancements. Material changes affecting customer rights or obligations will be announced at least 30 days before taking effect in text form (e.g., by email or in-app notice). Customers may terminate within this period effective at the end of the current billing period. If a Business Customer does not terminate, the changes are deemed approved. For Consumers, changes to the GTC or the scope of services that affect their rights or obligations to their disadvantage apply only if the Consumer expressly consents; without consent, the Agreement continues under the previous terms, and either party may terminate it by notice effective at the end of the current billing period.

Security updates, legally mandatory adjustments, or purely beneficial/technical changes (without adverse effect on essential performance characteristics) may be introduced without prior notice; we will inform afterwards in an appropriate manner.

9. Intellectual Property

ALPACUNA and its underlying software components are protected by copyright and other rights. For the term of the Agreement, we grant customers a non-exclusive, non-transferable, and non-sublicensable right to use the services for their own purposes (organizations: internally within their organization via their authorized users) in accordance with these GTC and the booked plan.

Customer Content remains the property of the respective rights holders. Customers grant us the right to store, reproduce, transmit, and technically process such content for performance of the Agreement (e.g., for register and pedigree evaluations) and—to the extent provided by the functions—to publish it. We may use anonymized or aggregated data for internal purposes (e.g., product improvement, statistical analyses).

Customers may not, without our prior written consent, remove proprietary notices, make the services available to third parties outside their own organization, or decompile, reverse engineer, or otherwise attempt to derive the source code, unless mandatorily permitted by law.

Our trademarks, logos, and designations may only be used in external communications with our prior written consent.

10. Data Protection

We process personal data exclusively in accordance with the GDPR. ALPACUNA is aimed at alpaca breeders and keepers, associations, and other organizations; data subjects are in particular the customers themselves (including private individuals and sole proprietors) as well as employees/agents of our customers.

Roles under the GDPR

• Controller: for account and contract data, billing, support communications, and security/system logs. Legal bases: Art. 6(1)(f) GDPR (legitimate interest in providing and securing operations) and Art. 6(1)(b) GDPR (contract) where the data subject is themselves a contracting party (e.g., private individuals and sole proprietors).
  
• Processor: for customer content within the service (including herd/register/show data). For this we enter into a Data Processing Agreement (DPA) with customers acting as controllers (e.g., businesses and associations); processing is strictly on instructions.
  

Further details (purposes, categories, recipients/sub-processors, transfers, retention, data subject rights) are set out in our Privacy Policy. Data are hosted in the EU; sub-processor information is available upon request.

11. Third-Party Providers & Integrations

We use third parties both as independent controllers and as processors (subcontractors).

Contract Handling (mandatory). For concluding and performing subscriptions, we use our payment partner Creem (merchant of record and independent controller for payment data) and, where applicable, an invoicing service (processor). Without transmission of the data required for this, conclusion of a contract is not possible.

Subcontractors. Other technical service providers (e.g., EU hosting, email delivery, logging) process data strictly on instructions and are contractually obliged to comply with the GDPR. A current list is provided upon request and/or at the stated URL; material changes are announced at least 30 days before taking effect.

Right to Substitute. We may replace third-party providers with functionally equivalent EU/EEA services where this does not result in a material impairment of agreed services.

12. Warranty and Liability

12.1 Warranty

We provide the services within what is technically and economically reasonable. For Business Customers, warranty for immaterial defects is excluded. For Consumers, the statutory warranty rights (in particular under the Austrian Consumer Warranty Act, VGG) apply without restriction. Unless expressly assured in SLAs/service descriptions, we do not guarantee a particular commercial success, uninterrupted availability, or error-free operation. Components provided free of charge (e.g., betas/test features) are provided “as is” without warranty; claims arising therefrom are excluded to the extent permitted by mandatory law.

12.2 Liability (Principles)

Sections 12.2 and 12.3 apply to Business Customers. For Consumers, we are liable in accordance with the statutory provisions; in particular, liability for intent, gross negligence, and personal injury cannot be excluded or limited.

We are liable without limitation for damages resulting from injury to life, body, or health as well as in cases of intent. In case of gross negligence we are liable as provided by law; in case of slight negligence we are liable only for breach of essential contractual obligations (“cardinal obligations”) and only for typical, foreseeable damage.

12.2.1 Liability Cap

Subject to mandatory law, the total liability arising from or in connection with this Agreement—regardless of the legal basis—is limited to the amount of fees actually paid by the customer in the twelve (12) months preceding the event giving rise to liability. For services provided free of charge (including tests/betas), liability is limited to EUR 100. This liability cap does not apply in cases of intent, personal injury, and where mandatory law (e.g., Product Liability Act, third-party data protection claims) provides for broader liability.

12.2.2 Excluded Damages

To the extent permitted by law, we are not liable for indirect damages, consequential damages, loss of profits, missed savings, business interruption, consequences of data corruption, or damages arising from third-party claims against the customer, unless we caused the damage intentionally.

12.2.3 Data, Backups, and Restoration

Except in cases of intent/gross negligence, we are liable for data loss only to the amount of the typical restoration effort from backups duly created by us or (for customer-side integrations/exports) by the customer. The customer must comply with reasonable cooperation and safeguarding measures (e.g., export/archive of their own reports/records).

12.2.4 Contributory Negligence and Damage Mitigation

Contributory negligence of the customer (e.g., breach of cooperation duties, non-compliance with security requirements, faulty configuration of customer-side integrations) leads to a reduction of claims. The parties are obliged to mitigate damages.

12.3 Indemnification in B2B

The customer shall indemnify ALPACUNA against justified third-party claims that are solely due to content submitted by the customer, unlawful uses, or customer-side instructions/integrations; this includes reasonable, necessary defense costs. No indemnification applies if ALPACUNA (co-)caused the claim. The customer shall cooperate in defense; settlements require ALPACUNA’s prior consent (not to be unreasonably withheld).

12.4 Mandatory Law

Mandatory statutory claims remain unaffected, in particular under the Product Liability Act and third-party data protection claims; internal risk allocation/regress between the parties remains unaffected.

13. Term, Termination, and Suspension

13.1 Term

The contract term corresponds to the booked subscription period (e.g., monthly, yearly). The Agreement renews automatically for the originally agreed period unless terminated in time. Termination may be declared at any time with effect at the end of the current period via the customer account, via the link in the payment receipt, or in text form (e.g., email to office@alpacuna.com). Mandatory statutory termination rights of Consumers remain unaffected.

13.2 Termination for Cause and Suspension

Either party may terminate the Agreement for cause. Cause exists in particular if a party materially breaches contractual obligations and fails to remedy such breach within a reasonable cure period.

ALPACUNA may suspend accounts or temporarily discontinue services if:

1. statutory requirements or official orders require this,
   
2. security risks or misuse exist (e.g., circumvention of safeguards, system attacks),
   
3. material breaches of these GTC occur, or
   
4. payment default persists after reminder.
   Suspensions are limited to what is necessary and are lifted as soon as the grounds cease to apply.
   

13.3 Consequences of Termination

After the end of the Agreement, access to the services is no longer available. Customer Content is retained for a transition period of 90 days to enable export. After this period, Customer Content is deleted or anonymized; datasets in backups remain technically isolated until overwritten as scheduled.

Register/animal data necessary for the integrity of the register (e.g., pedigrees) may continue to be displayed based on a legitimate interest; personal references will be minimized/anonymized where this does not impair the usability of the product.

14. Applicable Law, Venue, and Dispute Resolution

Austrian law applies, excluding its conflict-of-law rules; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

For Consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of their country of habitual residence.

For Business Customers (businesses, associations, and organizations), the exclusive venue for all disputes arising out of or in connection with this Agreement is 4400 Steyr (Austria). For Consumers, the statutory venues apply (in particular Sec. 14 KSchG and Regulation (EU) No 1215/2012).

Provisions on out-of-court dispute resolution under the DSA (see Section 4) remain unaffected. Consumers are welcome to contact us first at office@alpacuna.com so that we can resolve a dispute amicably. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless we expressly declare otherwise in an individual case.

For the payment transaction with our payment partner Creem, the Buyer Terms of Creem apply in addition. They are governed by Estonian law; for disputes with Creem, consumers residing in the EU may in particular turn to the Estonian Consumer Disputes Committee (see Section 19 of the Buyer Terms of Creem). The mandatory consumer protection provisions of the Consumer’s country of habitual residence remain unaffected.

15. Miscellaneous

15.1 Force Majeure

No party is liable for failure to perform contractual obligations to the extent attributable to events beyond its control (e.g., natural disasters, war, terrorism, strike, governmental orders, failure of public communication networks, or cloud outages). The affected party shall promptly inform the other party and take reasonable measures to mitigate damage. Obligations are suspended for the duration of the event; deadlines/dates are extended appropriately.

15.2 Assignment

Rights and obligations under this Agreement may not be assigned without our prior consent in text form. We may transfer this Agreement in the context of a business transfer or to affiliated companies. We may assign receivables at any time.

15.3 Severability

If any provision of these GTC is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely reflects the economic purpose.

15.4 Notices

Legally binding declarations and amendments to the Agreement must be in text form (email is sufficient). Notifications to the email address you have provided are deemed delivered.

15.5 Order of Precedence

In the event of conflicting provisions, individual agreements take precedence over these GTC. For the purchase and the payment transaction processed by our payment partner Creem, the Buyer Terms of Creem take precedence over these GTC in the event of a conflict (see Section 5.5).

15.6 Version and Effective Date

These GTC take effect on 30 October 2026. Earlier versions are archived by us and provided upon request. Changes are announced in accordance with Section 8.