Last update 25 March 2024
All versions of these Terms of Use have been automatically translated from German using DeepL. In case of doubt, the German language terms and conditions are valid
Insofar as the generic masculine is used in these Terms of Use for the sake of better readability, it shall be understood to refer equally to male/female/diverse users.
Welcome to HalloSophia
- Introduction
What is HalloSophia? - We are an online platform for digital guidance services, which is operated by finothek GmbH (Peter-Behrens-Platz 10, 4020 Linz, Austria).
You are currently on the domain www.hallosophia.com.
However, this is not the only domain through which you can access our platform. There are also several other domains that we operate for our selected partners to highlight particular expertise or networks within the platform.
It is important to us that every user understands that it is nevertheless always the HalloSophia platform, regardless of the domain or partner hub under which the registration and use takes place.
A list of all domains leading to the platform and all partner hubs can be found at the end of this agreement.
The partner hubs are special networks within the platform. This means that not every user of HalloSophia is automatically a user of a partner hub, but every user of a partner hub is automatically a user of HalloSophia. Users of partner hubs can choose whether they only want to be displayed to users of the same hub or to all users. This option can be restricted by the hub partner.
We as finothek GmbH operate the platform. Therefore, we make the supply and demand of our users visible and provide the technical infrastructure so that the exchange of services can also be carried out directly and digitally via our platform.
The users themselves are always responsible for the user content that we make visible.
As a user, you will frequently come across certain terms on our websites, which we would like to explain briefly here.
HalloSophia refers to the digital platform for microadvisory.
Microadvisory refers to coaching, mentoring and advisory services that can be offered and handled as short advisory projects on the platform. In addition to personal counselling, this can also include other activities such as analyses or the transmission of documents.
Partnerhub represents an exclusive area of the platform for partners, which can also reflect the corporate identity of the partner, but does not necessarily have to. The partner and HalloSophia operate the partner hub together according to the HalloSophia standard. In doing so, the partner has every possibility to individualise the offer and to restrict access. The offer can be more focussed, cheaper or more limited than at the open market place hallosophia.com. This is up to the marketing strategy of the partner. Partner hubs are immediately recognisable by the domain extension ".hallosophia.com". For the sake of clarification, it is once again stated that the use of a partner hub takes place exclusively via the platform of HalloSophia and therefore only the relevant general terms and conditions and data protection regulations of HalloSophia apply.
Hubpartner refers to a client of finothek GmbH who administers a partner hub together with HalloSophia and markets it independently as a digital advisory service, taking over the quality control of the services offered for a specific target group or its own clients.
Users are all registered users of HalloSophia. Registered users of the partner hubs are also users of HalloSophia, but can freely choose whether they want to use the entire platform or only the offer of the partner hub or offer services on it.
User accounts are all accounts used by registered users.
Passive users are all users who do not interact with us or other users.
Active users are all users who interact with us or other users.
Services are all services offered by users on HalloSophia.
Advisors are users who offer services.
Clients are users who make use of services.
Consumers are clients who do not use a service in a commercial or business context.
Hybrid users are users who both offer and use services.
Booking, session or microadvisory project means an exchange of services between users which takes place via or through the platform.
User Content means all content, information, documents, images, etc. provided or published by Users.
- General
Please read the Terms and Conditions carefully before using the Website. By using the Website, opening an account or clicking on the option to accept or agree to the Terms of Use, you accept, on your own behalf or as a representative of your employer or other legal or natural person (if applicable), these Terms of Use, as well as our Privacy Policy, which is an integral part of this Agreement. (You can view the privacy information here:
https://www.hallosophia.com/privacy)
The Platform is accessible to any natural or legal person who is authorised to enter into a binding contract. If you are under 18 and at least 14 years old, you may only use the Website through an account held by a parent or guardian with their appropriate permission. If you are under 14 years of age, you are not permitted to use HalloSophia. By using the Site, you represent and warrant that you meet all of the above requirements. If you do not meet all of these requirements, you may not access or use the Website.
All services offered, as well as their content and other user content, originate exclusively from the users themselves. We are not responsible for the user content, nor for the content or the nature of the services.
We are solely responsible for general content, which is not user content.
An increased duty of care applies to all documents and data transmitted by users of any kind to the platform or to other users for the purpose of forwarding, storing, making available, announcing or any other conceivable use. Such data and documents shall be checked by the transmitter for malware or other sources of damage. These data and documents must not contain any offensive, insulting, pornographic, illegal or immoral content.
These requirements apply equally to any content shown or transmitted to another user or to us through the use of the integrated video or messaging service.
If you have any questions about HalloSophia or the terms of use, you can contact our customer team at any time at support@hallosophia.com.
The original language of these Terms and Conditions and all other texts on the Website is German. HalloSophia provides translations for convenience only. In the event of any conflict between the original German version and any translation, the German version shall control and prevail.
- Conditions of use
Only registered users can buy or inquire and sell or offer on HalloSophia.
We would like to clarify that a registration through or via a partner hub is automatically accompanied by a registration on HalloSophia. Or rather, registration on HalloSophia is a prerequisite for using a partner hub. Registration is free of charge. When you register for an account, you agree to provide us with accurate, complete and current information and you may not create an account for fraudulent or misleading purposes. If you register on the Platform on behalf of an organisation or company (as an employee, member or similar), you confirm that you are in any event authorised to validly enter into contracts on behalf of your organisation, employer or company.
You are solely responsible for all activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
All users must comply with HalloSophia's Code of Ethics at all times when interacting with other users. This can be found at https://www.hallosophia.com/code-of-ethics.
- Types of users and user accounts
The user accounts on HalloSophia are basically set up in such a way that services can be requested as well as offered. When registering, a client user account is created first. With this account you can request services on the platform. A distinction must be made here between commercial or entrepreneurial use and use as a consumer. Use as a consumer exists if the use can be attributed neither to your professional nor commercial activity. In this case, we need the relevant information from you. If there is any uncertainty as to which type of use applies, please contact us at support@hallosophia.com.
However, the majority of the services offered on the platform imply a commercial or entrepreneurial use by their nature. We reserve the right to assume such use as long as we do not receive any information to the contrary.
Within the account settings, you can also register as an advisor on the platform to share your expertise with other users. In connection with the use as an advisor, however, the provisions of point IX. have to be observed. Verification and thus visibility on the platform is subject to the quality assurance team of finothek GmbH or, in the case of partner hubs, the respective responsible representative.
- Legal relationships on HalloSophia
HalloSophia serves as an intermediary platform or software infrastructure for its users. The services offered on the platform come exclusively from the respective counsellors. We only make this offer visible and available for clients. If a booking or other contract is concluded between two users of the platform, these users enter into an exclusive legal relationship. The entire settlement and any claims arising from this exclusive legal relationship shall be settled between the respective users.
The advisor is required to link or upload his own terms of use for the services offered; the platform makes these terms of use visible in the booking process. If the advisor does not link his own terms of use, the legal and, if applicable, commercial requirements in the country of the enquirer (in the case of consumers) or in the country of the provider (in the case of commercial use) shall apply. Advisors are responsible for compliance with all relevant regulations in connection with their offer. You confirm that you will only offer services and other services to the platform in countries in which you fulfil all the necessary legal requirements and that you will only act for clients if you fulfil all the legal requirements for this activity. We expressly refer to the user group of consumers.
Each user is responsible for his own content and in case of a booking or other interaction with other users he has to enter into this newly arising legal relationship with all rights and obligations accordingly. The legal relationship of the users to finothek GmbH consists only in the use of the provided technical infrastructure and the associated data processing. Thus, as a user of the platform, one is always in a legal relationship with finothek GmbH regarding the use of the technical infrastructure of the platform, however, a completely new, independent legal relationship is always entered into between the users for the respective service.
- Use as a client
Every user who requests a service on the platform is a client. Passive use as a client is free of charge for you. In connection with active use, fees, charges, wages and similar payment obligations may be incurred.
For clients, all costs incurred are visible before a transaction requiring payment and the costs are individually adjusted for the respective details.
Clients are subject to a special obligation to maintain their data. Billing and contact addresses must be truthful, correct and up-to-date. If changes occur, these must be updated as soon as possible, but in any case before a new booking is made.
- Use as a consumer
If you use the online platform as a consumer, you are protected by special legal provisions. In the specific case, the Consumer Protection Act (KSchG) and the Distance and Foreign Transactions Act (FAGG) or, in other countries, the corresponding national consumer protection laws are applicable in Austria. If there are exceptions to the applicability of the FAGG, you as a consumer will be informed accordingly before any payment obligation.
All prices displayed prior to an obligation to pay are to be understood as final prices for consumers, including all duties and charges.
It is expressly pointed out that consumers may withdraw from contracts within the meaning of the FAGG within 14 days after conclusion of the contract without giving reasons. The corresponding form can be found at https://www.wko.at/service/wirtschaftsrecht-gewerberecht/Ruecktrittsrecht_bei_Dienstleistungen_im_Internet.html#heading_Anhang_1__Muster_Widerrufsbelehrung__Anhang_I_A_zum_FAGG_. Send us the completed form within the deadlines by e-mail or send it directly to the consultant concerned by letter.
However, as HalloSophia almost exclusively offers services, the provisions of § 16 and § 18 FAGG must also be observed. If the consultant has already started providing the service before you have exercised your right of withdrawal, you owe the consultant appropriate remuneration for the partial service already provided.
We would like to point out that as a consumer you lose the right of withdrawal according to § 18 (1) Z 1 FAGG for all services obtained via HalloSophia as soon as the service has been fully performed by the consultant. The agreement to the loss of the right of withdrawal upon complete fulfilment of the contract by the consultant is an integral part of this user agreement.
- Satisfaction guarantee
A separate protection of clients, going beyond the legal extent, is granted by finothek GmbH in the form of a satisfaction guarantee for services of certified advisors, if payment is made via the payment function of finothek GmbH (SophiaPay).
For payments outside SophiaPay, finothek GmbH does not offer this satisfaction guarantee.
If a client is dissatisfied with the service provided or a counsellor does not show up for a booked session, the client can make this known after the booking via the button "Dissatisfied with the service provided" integrated on the platform.
The counsellor then receives a corresponding notification. The counsellor himself can then confirm the reversal of the payment. This leads to a refund of the payment made to the client's account. Should the counsellor be of the opinion that he has completely and correctly fulfilled the service, he can initiate a mediation procedure by clicking on the corresponding button "Service completely and correctly fulfilled". finothek GmbH will take over the coordination and mediation with the advisor whose service was contested.
In the course of mediation, finothek reserves the right to suspend payment to the advisor until the facts of the case have been sufficiently clarified. It is the advisor's responsibility to prove to finothek GmbH that he/she has provided the service completely, correctly and in the quality described.
Should this proof not be possible, the payment will be transferred back to the client by finothek GmbH. The advisor has to cancel the corresponding invoice and forfeits any claim towards the client for payment of fees.
Should the proof be provided, then the payment to the consultant will be released.
finothek GmbH will subsequently verify whether or not this provision has been misused by the client.
Misuse occurs if the service was obviously provided correctly, completely and in the quality described by the consultant and this provision was used for the sole reason of not having to pay an appropriate fee.
In case of misuse, no satisfaction guarantee will be offered by finothek GmbH.
If there is no misuse, the client will receive the payment amount back.
If you have not paid via SophiaPay, finothek GmbH cannot offer this service to clients. In this case, we will be happy to help you with mediation and we ask you to contact us at legal@hallosophia.com.
- Use as a consultant
Every user who offers a service on the platform is an advisor. Fees may be charged for use as an advisor. For advisors, all costs incurred are visible before a transaction requiring payment.
For advisors, special provisions in the area of data maintenance and transparency apply in addition to the other provisions.
In any case, the required legal qualifications must be available for the services offered. It is the responsibility of the user to take into account the legal situation of his own and other countries. Therefore, the countries for which certain services are offered must be selected accordingly. We are happy to provide support on request at legal@hallosophia.com.
Services offered without a corresponding certificate of competence are prohibited. In case of infringement, the corresponding control and inspection bodies will be notified without exception and the user may be blocked until the proof of qualification is submitted.
Services offered that do not require a certificate of competence must be marked as such. Failure to do so may result in the account being blocked at any time until the matter is clarified. Consultants are responsible for all duties under tax law.
Advisers have the right to decide whether the services offered are offered to all clients or only to those who cannot be identified as consumers.
In addition to the normal user liability, advisors are liable without limitation to other users for advisory errors, incorrect advice, abusive advice, breaches of data protection in their legal sphere and advice without a valid certificate of competence. The examples given are by no means to be regarded as conclusive. The advisor must clarify whether his or her property liability insurance, if any, also covers digital advice. If not, the conclusion of such an insurance is recommended. Advisors are bound to the advisory packages offered, a deviation is only possible with the agreement of the respective user. We recommend that this agreement be in writing.
The counsellor must offer his own terms and conditions for clients. If no own terms and conditions are available, the general provisions for business transactions between entrepreneurs in Austria or, in the case of a consumer, the legal provisions in the country of the consumer shall generally apply. The advisor must therefore check the requirements and information provided before each booking confirmation to ensure that he/she is able to provide the service in compliance with the law.
We would like to point out that point VIII (Satisfaction Guarantee) obliges the consultant to waive his fee in certain cases and to refrain from collecting certain claims.
- Terms of payment
The platform basically offers two payment methods. One is SophiaPay and the other is payment on account.
In both cases, finothek GmbH automatically creates an invoice for the advisor and the client. If you use SophiaPay, the note "already paid via SophiaPay" will be added to the invoice.
- SophiaPay
SophiaPay is the integrated payment service of finothek GmbH. It fulfils all requirements for B2B and B2C payment service providers in Europe and selected third countries.
Since we use a third-party software solution for SophiaPay (MANGOPAY S.A.
2 Avenue Amélie, L-1125 Luxembourg), we are not responsible for the countries in which SophiaPay is available. For more information on how it works, please refer to the relevant Mangopay terms and conditions at https://www.mangopay.com/terms/MANGOPAY_Terms-EN.pdf
- SophiaPay for advisors
In order to be able to use SophiaPay as a counsellor, a corresponding account must be created. In the course of the account creation, certain information may be requested from the advisor. This is due to the Know-Your-Customer process of MANGOPAY S.A. and can neither be changed nor facilitated by finothek GmbH. All transactions, which are processed via SophiaPay, are first transferred to an interim account, which finothek GmbH opens as an e-wallet at MANGPAY S.A. for this advisory case, from where it is then paid out to the SophiaPay account of the advisor. The transaction to the specified current account then takes place as soon as the advisor requests this by clicking on the "Transfer money" button.
Should you as a counsellor wish to use SophiaPay, you accept that finothek GmbH serves as an intermediary and will retain the payment amount in any case until the session has taken place and no service disruptions within the meaning of point VIII have occurred. Should the client make use of his special right according to point VIII, the payment amount will be withheld until clarification of the facts.
Subsequently, finothek GmbH will transfer the amount to the consultant's SophiaPay account via SophiaPay or, if necessary, arrange for a re-transfer to the client.
- SophiaPay as a client
In order to use SophiaPay as a client, a corresponding account must be created. In the course of the account creation, certain information may be requested from the advisor. This is due to the Know-Your-Customer process of MANGOPAY S.A. and can neither be changed nor facilitated by finothek GmbH. All transactions, which are processed via SophiaPay, are first transferred to an interim account, which finothek GmbH opens as an e-wallet at MANGPAY S.A. for this advisory case, from where it is then paid out to the advisor's SophiaPay account.
If you as a client use SophiaPay, you agree that the selected payment method will be debited at the moment of booking in the amount shown.
The payment will be retained by finothek GmbH in any case until after the session has been completed and will be automatically transferred back in case of cancellation. After a completed session, you as a client can express your satisfaction with the session or deny it. If you are satisfied, the money will be forwarded to the counsellor. If you are not satisfied, you as a SophiaPay user have the option to make use of point VIII.
In case of transactions via SophiaPay, finothek GmbH will directly retain all accruing transaction fees and designated software usage fees. You as a client always only have to pay the price displayed prior to the booking requiring payment.
- Transactions outside SophiaPay
If a counsellor does not offer SophiaPay as a payment option, if a client does not wish this as a payment option, or if this payment option is not available in the country concerned, then the fees incurred are to be paid on account.
The automated invoice is available for download in the user account 24 hours after the completed session at the latest. Please note that the payment terms of the advisor are decisive for a timely payment; if no payment terms are noted by the advisor, a payment term of 14 days is specified by finothek GmbH.
- Value added tax
finothek GmbH calculates the correct sales taxes for the consultant's service and for the fee via the use of the software. Before you place a payable order, you as a client will see the corresponding gross price. As a consultant you always have to state your net prices for the services.
finothek GmbH calculates the tax on the basis of the data provided by users. Should this data prove to be incorrect, finothek GmbH is not liable for any resulting damage.
The finothek is at no time liable to pay taxes on services provided by advisors. The finothek does not pay any taxes for users. All users are responsible for the correct payment of VAT. Should you notice an error in the tax calculated by us, you have to contact us immediately at payments@hallosophia.com.
We would like to point out that incorrect data may have consequences under tax law, including tax fraud. If you subsequently discover errors in your data entry, these must be corrected immediately. In order to avoid possible negative consequences for you, please contact us immediately at payments@hallosophia.com in such cases.
- Liability
- Liability of the platform
finothek GmbH provides the users with a platform. Therefore, finothek GmbH is exclusively liable for damages that occur in connection with the technical provision of the platform. Liability in connection with the provision of the technical infrastructure is additionally excluded in the following cases:
- temporary functional restrictions of the platform, up to and including total failure, if the reasons for this lie in maintenance work required at our discretion.
- temporary functional restrictions of the platform up to total failure, if the reasons for this lie in an environmental influence that cannot be influenced, such as a power failure or harmful software.
- Changes to the design, modes of operation and functions of the website if we consider this to be technically necessary.
- The exclusion of users in the event of good cause at our discretion
- Data loss of user data of any kind due to necessary maintenance work or environmental influences.
- Data protection violations that occur despite compliance with all technical and organisational internal measures through no fault of our own.
- The termination of the provision of the platform due to regional and national regulations.
- The termination of the provision of the platform due to business necessity.
finothek GmbH offers a technical infrastructure through the platform. The users decide voluntarily to use it and are aware of the potential dangers of storing data on foreign servers, as well as the use of foreign software programmes and applications. In general, users are familiar with the risks of online services. finothek GmbH is not responsible for any content of any kind, which is made available on the platform by users. Therefore, finothek GmbH excludes any liability for damages resulting from contents, data or documents of the users.
finothek GmbH does not assume any liability in connection with legal duties, taxes or fees. The users themselves are responsible for the corresponding correct taxation. In case of errors on the part of finothek GmbH when calculating the sales tax, finothek GmbH is only liable for damages as far as all data in connection with the respective transaction were complete and correct and the consultant has checked the invoice issued by finothek GmbH accordingly and the error was still not noticed. A corresponding check is to be assumed if the corresponding invoice was shown to an expert third party or if contact was made with our team in this context at payments@hallosophia.com.
For the sake of clarification, it is noted that partners with whom HalloSophia operates partner hubs only act as pure intermediaries and therefore no liability or warranty claims of any kind can be derived against these partners in connection with the platform.
- Liability of the users
Users are responsible for their own content and are fully liable for it. Such liability shall include, without limitation, willful and intentional misrepresentation in the registration process, willful and intentional misrepresentation in the area of expertise or qualifications, and errors in advice or other business conduct that could cause damage to others.
- Data protection and confidentiality
- Duties of finothek GmbH
When handling personal data, we comply with the provisions of the Data Protection Act, the General Data Protection Regulation and the Telecommunications Act and take all necessary and legally prescribed technical and organisational measures. You can find more information on this at https://www.hallosophia.com/privacy or at privacy@hallosophia.com. In any case, we comply with legal obligations to disclose data if these are clearly required under Austrian law or in the course of an international mutual agreement procedure. However, we undertake to prevent any disclosure where possible in order to ensure maximum protection of customer interests. Should disclosure be necessary, we undertake to inform the relevant user thereof. The last sentence does not apply if the law prohibits such information.
- Duties of the users
All users of the platform undertake to comply with the Data Protection Act and the Telecommunications Act. For the handling of data received from other users, users undertake to comply with the relevant provisions of the General Data Protection Regulation, the Data Protection Act and the Federal Unfair Competition Act and, in addition, we refer to the Platform's Code of Ethics. You can find more information on this at https://www.hallosophia.com/privacy or at privacy@hallosophia.com.
All users of the platform are obliged to treat data confidentially and not to disclose any data or business and trade secrets without consent. Here, too, we refer to the Code of Ethics.
- Force majeure
Insofar as and as long as obligations cannot be fulfilled on time or properly as a result of force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of the means of transport, failure of the telecommunication network or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract.
- Severability clause
Should one or more provisions of this agreement be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision.
- Final provisions
- Dispute resolution
If you are dissatisfied with the regulations of the platform or find them inapplicable, please contact support@hallosophia.com to find the right solution for both sides.
In the event of disputes arising from this contract that cannot be settled amicably, the contracting parties agree by mutual consent to involve registered mediators (ZivMediatG) with a focus on business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediators or on the content, legal steps will be taken at the earliest one month after the failure of the negotiations.
- Litigation
In the event of a mediation that does not come about or is broken off, Austrian law shall apply in any court proceedings that may be instituted; the place of jurisdiction shall be Linz. All necessary expenses incurred due to a previous mediation, in particular also those for a legal advisor consulted, can be claimed as "pre-litigation costs" in court or arbitration proceedings as agreed.
- Applicable law and place of jurisdiction
Austrian law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international rules of reference. The competent court in Linz, Austria, is agreed as the place of jurisdiction.
The platform is operated by finothek GmbH, which is based in Austria:
finothek GmbH
Peter-Behrens-Platz 10
4020 Linz,
Austria
Management:
Markus Waghubinger
Johannes Mayer
Object of the company:
IT services and management consultancy,
Provision of IT infrastructure for management consultancy, as well as other consultancy services provided by providers authorised under professional law
UID number: ATU 73922124
Company register number: FN 502892y
Commercial register court: LG Linz
List of domains operated by finothek GmbH on HalloSophia:
All domains with subdomain.hallosophia.com are to be understood as partner hubs on HalloSophia where shared administration with the respective hub partner exists.