Terms of Use for the “HeyClient” App and Website
Provider / Contracting Party
Efficient Operations GmbH, represented by Managing Director Daniel Fischer
Schürenbruch 13, 32479 Hille, Germany
Phone: +49 151 74269061 · Email: support@heyclient.app
Last updated: October 2025
§ 1 Scope
These Terms of Use govern the use of the mobile application “HeyClient” (the App) and the associated Website, including all content, features and linked help pages provided there.
Conflicting, deviating or supplementary terms of users do not become part of the contract unless we expressly agree in writing.
App Store / Google Play: When downloading/purchasing/subscribing via the Apple App Store or Google Play, the respective store terms apply in addition. Mandatory consumer rights remain unaffected.
§ 2 Subject Matter & Service Description
The App’s core functions are local reading of contacts stored on the device, detecting birthdays/holidays, showing local notifications, and creating personalised message texts (templates with placeholders).
No automatic sending: Messages are sent only after your active confirmation via third-party apps (WhatsApp via wa.me, the device’s SMS/Messenger, email via mailto:).
No server connection by the App: Personal data are not transmitted to our servers; there is no cloud backup, no tracking and no external storage by us (see our Privacy Policy).
Accuracy notice (contacts, birthdays, holidays, timing):
Birthdays/recipient data come from your address book and device settings.
Holidays are curated by us with reasonable care. Nevertheless, regional variations (e.g., federal state/country/region), legal changes, movable holidays or extraordinary events may occur.
Time zones/daylight saving, device configurations and duplicate/incorrect contact entries can affect display/reminders.
We do not warrant the accuracy/completeness/timeliness of any data. Please verify recipient/occasion/timing before sending.
Website: The Website provides information about the App, optional newsletter/contact forms, and uses analytics/marketing tools only with consent.
§ 3 Requirements, Age Limit, User Account
System requirements: Compatible iOS/Android device, sufficient storage, current OS version and, where required, internet/mobile connectivity (for store download, deep links, opening email/messenger).
Age limit: Use is intended for persons 16 years and older; below that only with the consent of legal guardians.
User account: No account is currently required for core features.
§ 4 Licence
We grant you a simple, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, exclusively for private or internal purposes.
Prohibited activities include, inter alia, reverse engineering (where legally permitted), distribution, sublicensing, making available to the public, circumventing security measures, and any use that infringes third-party rights.
Templates & content: Our templates/examples are non-binding text blocks and not legal advice; you must review content yourself before sending.
§ 5 User Obligations
Lawful use: You are solely responsible for messages you draft/send. You must ensure you have all required legal bases/consents (e.g., GDPR, UWG (Germany), telecommunications/anti-spam laws) — in particular for business use (messages to customers, BCC mailings, campaigns).
Pre-send check: You must verify recipients, content and timing (e.g., birthday/holiday) before dispatch.
No misuse: No harassment, unlawful advertising/spam, fraud, defamation, IP/privacy violations, security circumvention or any other abusive use.
Device security: Protect your device (PIN/biometrics/updates) and use the App only on devices you are authorised to use.
§ 6 Third-Party Services & Telecom Costs
When you open WhatsApp/SMS/email you leave the App. The terms and privacy notices of those providers apply exclusively (e.g., Meta/WhatsApp, Apple/Google, your email/mobile provider).
Cost notice: Data traffic, SMS, MMS, telephony, roaming etc. may incur charges from your provider. We are not liable for such costs; billing is solely under your contract with the provider.
Deliverability/content: We have no influence over deliverability/availability/filtering in third-party apps or networks.
§ 7 Availability, Changes, Updates
We aim for high availability, but no right to uninterrupted use exists. Maintenance, development or events beyond our control may affect use.
We may change, restrict or discontinue App/Website features and provide updates (including mandatory security updates).
Support is provided on a commercially reasonable basis; there is no entitlement to specific response times.
§ 8 Warranty Disclaimer
The App/Website are provided “as is” with no assurances regarding specific features, results or success.
Calendar/data disclaimer: We do not guarantee error-free detection of birthdays/holidays, template correctness or accurate time/time-zone handling; regional deviations, faulty contacts, system limits or user settings may occur.
No legal advice is provided through templates/examples.
§ 9 Liability
We are unlimitedly liable for intent and gross negligence, for damages resulting from injury to life, body or health, and under the Product Liability Act.
For slight negligence, we are liable only for breach of material contractual obligations (cardinal duties) and then limited to the foreseeable damage typical for the contract. Cardinal duties are those whose fulfilment enables proper performance of the contract and on whose observance the parties regularly rely.
Otherwise, liability for simple negligence is excluded.
Exclusion of special damages: To the extent permitted by law, we are not liable for indirect damages, loss of profit, business/revenue interruption, loss of data, mis-sending or delayed sending, in particular not due to
non-functioning templates,
incorrect underlying data (e.g., not actually a birthday/holiday),
wrong recipients or wrong send times,
non-delivery/filtering in third-party apps/networks.
Telecom/provider costs and third-party services lie outside our responsibility; we are not liable for them.
The above limitations also apply to our legal representatives and vicarious agents.
§ 10 Indemnification
You shall indemnify and hold us harmless from all third-party claims (including reasonable legal fees) arising from your unlawful or contract-breaching use (e.g., missing consents, unlawful marketing, infringement of IP/personality/privacy rights).
§ 11 Pricing, Subscriptions (Auto-Renew), In-App Purchases
Freemium model: A limited portion of the App is free to use. A subscription is required for the full feature set and/or ongoing use.
Store-only processing: Purchases/subscriptions/in-app purchases are handled exclusively via the Apple App Store or Google Play; their terms & payment conditions apply. Prices, terms, renewals and cancellation periods are shown in the respective store.
Auto-renewal: Subscriptions automatically renew for the selected term (e.g., monthly/annually) unless cancelled in time in your store account settings.
Apple: Cancel in Apple ID subscription settings; typically up to 24 hours before renewal to avoid auto-renew.
Google: Cancel in Google Play subscriptions; access continues until the current billing period ends.
Free trial/promo (if offered): Trials convert automatically to a paid plan after the trial ends unless cancelled in time. Details (duration, price after trial) are shown in the store.
Price changes: Price changes for active subscriptions follow store processes. Your consent in the store may be required; if you do not agree, you can cancel before they take effect.
Invoices/refunds/cancellations are administered by the respective store; statutory rights remain unaffected.
We may adjust free allowances (e.g., free-tier limits) and reserve features for subscribers.
§ 12 Right of Withdrawal for Consumers
App Store / Google Play purchases: The right of withdrawal is administered by the respective store provider. Please use the functions/processes provided in your store account. Statutory rights remain unaffected.
Free use (without a paid contract): no withdrawal right applies; mandatory rights remain unaffected.
§ 13 Changes to These Terms
We may amend these Terms prospectively for valid reasons (e.g., legal changes, technical adjustments, security, functional changes).
Registered users (if introduced in future) will be informed in good time; you may object within 14 days. If you do not object and continue to use the service, the changes are deemed accepted.
Unregistered users accept amended Terms by continued use.
For material changes affecting the contractual balance, we will obtain express consent.
§ 14 Privacy
Information on personal data processing is provided in our Privacy Policy (App + Website) as amended from time to time.
§ 15 Open-Source Components
Where the App uses open-source components, the respective open-source licences apply in addition; notices/licence texts are provided in the App/Website.
§ 16 Export Control & Sanctions
You may not use/export/provide the App in violation of applicable sanctions or export control regulations and must comply with all relevant laws.
§ 17 Final Provisions
Governing law: German law applies; mandatory consumer protection provisions of the EU member state of the consumer’s habitual residence remain unaffected.
Venue: If the user is a merchant, a legal entity under public law or a special fund under public law, exclusive venue for all disputes is our registered office.
Consumer dispute resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
EU ODR platform: https://ec.europa.eu/consumers/odr/
Severability: If any provision is invalid, the remaining provisions remain in force; statutory provisions apply in place of the invalid provision.
Communication: You agree that contractual information may be sent by email; unencrypted emails provide only limited confidentiality.