Terms of Service

1. Scope and provider

These Terms govern the use of the “OrYap” mobile application and related services provided by CreaCrate Productions e.U. (“CreaCrate”, “we”). By registering or using the service, you accept these Terms. Differing terms of users do not apply.

The contracting party is CreaCrate Productions e.U., Lotte-Hass-Weg 2/11, 1220 Vienna, Austria, registered in the company register of the Commercial Court of Vienna under FN 577739t. Contact: office@creacrate.com. Further details are set out in the Legal Notice.

2. Description of the service

OrYap is a voice-driven organizer: recordings are transcribed, classified by AI into eight categories (to-dos, shopping, reminders, notes, study, ideas, wishlist, journal) and stored as structured entries, synced across devices. Scope and limits depend on the chosen plan (section 4).

AI-based transcription and classification can be inaccurate. Results are provided without warranty of accuracy. You are responsible for verifying important content yourself (e.g. dates, reminders). OrYap does not replace professional advice (e.g. medical, legal, financial).

The processing of personal data — including the processors engaged for transcription and AI classification — is carried out in accordance with our Privacy Policy (https://oryap.app/en/privacy).

3. Registration and account

An account is required (email/password or sign-in via Apple/Google). You must provide accurate information and keep your credentials confidential. OrYap is not directed at minors. Use is permitted only to persons aged 18 or over.

4. Plans, prices and limits

Plans differ in the usage limits stated above and in feature scope as set out in the in-app feature overview. All prices are in euros including any applicable VAT. Monthly voice minutes reset each month. We may change plans, limits and prices with reasonable advance notice for the future; the agreed price applies for ongoing billing periods.

5. Payment, subscription and cancellation

Paid plans are offered as an automatically renewing subscription. Depending on the purchase channel, processing takes place via the in-app purchase systems of Apple (App Store) or Google (Google Play), managed through RevenueCat, or via our web payment provider Stripe.

The subscription renews automatically for the respective term unless cancelled before it ends. You can cancel at any time effective at the end of the current billing period — for app-store purchases via the store's subscription management, for web purchases via the customer portal. Fees already paid for the current period are not refunded pro rata, subject to mandatory statutory claims. For app-store purchases, the stores' refund rules additionally apply.

6. Right of withdrawal for consumers (FAGG)

Consumers generally have a 14-day right of withdrawal without giving reasons for contracts concluded online (§ 11 FAGG).

Early start of performance and proportionate payment

OrYap is a digital service (ongoing, cloud-based processing), not digital content supplied on a tangible medium. If you expressly request that we begin the paid service before the 14-day withdrawal period ends, your right of withdrawal initially remains in place. Before the contract is concluded, we expressly inform you that, in this case, on withdrawal you must pay a proportionate amount for the service already provided up to that point (§ 16(1) FAGG).

If you withdraw during the period, you therefore only owe a proportionate fee corresponding to the time already used; any amount already paid beyond that is refunded. Your right of withdrawal expires only upon full performance of the service — for a subscription, that means at the end of the agreed term (§ 18(1)(1) FAGG).

Exercising withdrawal

A clear statement within the period (e.g. by email to the address in the Legal Notice) is sufficient. For purchases via Apple/Google, withdrawal or refunds follow the terms of the respective store.

Model withdrawal form

If you wish to withdraw from the contract, you can complete this form and return it to us (e.g. by email):

• To: CreaCrate Productions e.U., Lotte-Hass-Weg 2/11, 1220 Vienna, Austria, email: office@creacrate.com
• I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following service: OrYap subscription (*)
• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Date:
• Signature of consumer(s) (only if this form is notified on paper):

(*) Delete as appropriate.

7. User obligations

• not to enter or store unlawful, offensive or infringing content,
• not to misuse, overload or circumvent the security of the service,
• not to perform reverse engineering, scraping or automated bulk access,
• to comply with applicable law and not infringe third-party rights.

In the event of serious or repeated breaches, we may restrict access or suspend or terminate the account.

8. Content and rights of use

Your content belongs to you. You grant CreaCrate a simple licence, limited to providing the service, to process your content (transcribe, classify, store, sync). No use beyond this — in particular for training third-party AI models or for advertising — takes place.

9. Availability

We strive for high availability but do not owe uninterrupted access. Maintenance, outages, dependencies on third-party services or force majeure may cause limitations. For important content, therefore, do not rely solely on the continuous availability of the service.

10. Warranty and liability

The statutory warranty provisions apply, in particular the Austrian Consumer Warranty Act (VGG) for digital services. Our liability follows the statutory rules: we are fully liable for personal injury and for intent and gross negligence. For slight negligence, we are liable to consumers only within the scope permitted by law; liability for lost profit or atypical consequential damage is excluded to that extent. Mandatory provisions of the Austrian Consumer Protection Act (KSchG) remain unaffected.

11. Changes to these Terms

We may change these Terms with effect for the future. For material changes we will inform you in the app; renewed acceptance may be required before continued use. The applicable version is marked with a version stamp.

12. Governing law, jurisdiction and dispute resolution

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer is habitually resident remain unaffected. The place of jurisdiction is — to the extent legally permissible — the registered office of CreaCrate; for consumers, the statutory places of jurisdiction apply.

13. Final provisions

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected; the statutory rule replaces any invalid provision.