General Terms and Conditions

Section Contents
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1. Scope of Application

Our General Terms and Conditions (GTC) apply to both private and business customers as soon as you register with us.‍

2. Definitions

We explain key terms related to Caya to help you better understand our GTC.

3. Conclusion of Contract

By registering with us or subscribing to a Caya plan, you are making an offer to enter into a contract, which we may accept.

4. Scope of Services

We differentiate between free (Free Account) and paid usage (Caya Plan). The exact scope of our services depends on the Caya plan you choose. A service overview can be found at www.caya.com/en/pricing. If a forwarding request is set up, we can only digitize your letters once the postal service provider begins delivering your letters to us. We generally digitize your items from Monday to Friday within 24 hours. Additional costs apply for forwarding letters unless included in the chosen plan.

5. Service Availability

Despite our best care and diligence, technical disruptions to our service may occur.

‍6. Prices, Payment, Invoicing

A price overview can be found at www.caya.com/en/pricing. You can only pay for your Caya plan using the payment methods we offer. We will store your invoice digitally in your Caya account.

7. Authorizations, Postal Secrecy, Legal Effects of Deliveries

To provide our services, we require authorizations from you. By agreeing to the GTC, you give us permission to set up a forwarding request and to receive and open your letters. Please note that deadlines may begin to run for you as soon as we receive your letters. Therefore, regularly check your Caya account.

8. Customer Obligations, Third-Party Rights

You allow us to digitize and evaluate your mail. You guarantee that this does not infringe on the rights of third parties.

9. Warranty, Limitation Period

For private customers, the statutory provisions apply. For business customers, we may decide whether to rectify a defect or provide a replacement before a price reduction is possible. Business customers must assert claims within one year.

10. Liability

We are generally liable for damages if we have significantly violated our duty of care. If we violate a key contractual obligation, we are also liable, but limited to foreseeable damages.

11. Term, Termination

You can choose whether your Caya plan lasts for one month or one year. You can terminate your Caya plan up to 31 days before the end of the term. Otherwise, your Caya plan will automatically renew for the previous term. Termination can be done via email or post.

12. Data Protection

We can only provide our services if we also process your personal data. We comply with data protection regulations. Further information can be found at www.caya.com/legals/privacy-policy. Business customers can conclude a contract for data processing with us.

13. Changes to the GTC

We will inform you about changes to the GTC.

14. Final Provisions

Only German law applies. For disputes with business customers, Berlin courts have jurisdiction. Private customers can use the EU dispute resolution platform at https://ec.europa.eu/consumers/odr.

15. Right of Withdrawal

As a private customer, you can withdraw from your Caya plan. We will inform you about this right and provide you with a sample withdrawal form.

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Complete General Terms and Conditions
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1. Scope of Application

1.1. These General Terms and Conditions govern the legal relationships between Caya GmbH, Ritterstraße 24-27, 10969 Berlin (hereinafter "Caya", "we", or "us") for the use of the Caya platform, as defined in Section 2.2, in the legal relationship with private and business customers (together: customers). This also includes the granting of powers of attorney and the partial exemption from postal secrecy (Section 7). At the end of this text, we inform private customers of their statutory right of withdrawal. Business customers are not granted a voluntary right of withdrawal.

1.2. The terms and conditions of customers do not apply, even if Caya does not explicitly object to their validity in individual cases. Even if Caya refers to a letter that contains or references the customer's terms and conditions, this does not imply consent to their validity.

2. Definitions

2.1. "Private customer" refers exclusively to consumers as defined by Section 13 of the German Civil Code (BGB). "Business customer" refers exclusively to entrepreneurs as defined by Section 14 BGB.

2.2. "Caya platform" refers to the digital offerings of Caya accessible via the web app at app.caya.com as well as the iOS or Android app from Caya.

2.3. "Caya plan" includes the services offered via the Caya platform, particularly the receipt, opening, and archiving of letters and documents, setting up a Caya postbox address, digitization and content evaluation of letters or documents, as well as notification of the content of the letter via email or push function.

2.4. "Free Account" refers to the free usage option of the Caya platform without a Caya plan.

2.5. "Caya postbox address" refers to your personal postal address with us. It includes your name and your individual Caya postbox number, along with our address.

2.6. "Letter" refers to the contents of a letter.

2.7. "Document" refers to any material a customer sends to us for digitization at their Caya postbox address.

2.8. "Digitization" refers to the scanning of letters or documents, saving the scan in a standard format (e.g., PDF) as a file that can be read by computers, and uploading the file to the Caya platform.

2.9. "Evaluation" refers to text recognition and content analysis of letters and documents to inform you of which items you have received and to offer you additional services.

3. Conclusion of Contract

3.1. The contract for the use of the Caya platform between a customer and us is concluded with the successful completion of the registration process. The customer will then have a Free Account.

3.2. The contract for the use of a Caya plan is concluded when the order placed by the customer (for example, on the Caya platform) is accepted by us via email or by providing a Caya plan. We are free to accept your contract offer but are not obligated to do so.

3.3. By submitting the offer, the customer guarantees that they are of legal age and, if they are entering the contract on behalf of a company, that they are authorized to do so.

3.4. The customer is required to truthfully indicate whether they are a private or business customer within the meaning of Section 2.1. We are entitled to verify this information. The customer agrees to provide proof of their status as a business customer upon request, such as by submitting a business license.

4. Scope of Services

4.1. The subject of the contract is the Caya plan selected by the customer. Certain letters or documents are not covered by the Caya plans. The exact scope is outlined in the service overview, which is available for private and business customers at www.caya.com/en/home. We are also not obliged to provide services if a postal service provider refuses delivery to us. Letters or documents that violate legal or official prohibitions are excluded from digitization.

4.2. You can use the functions of the Caya platform and the Caya plan immediately after the contract is concluded. However, we can only begin digitizing letters received due to a forwarding request once the postal service provider (e.g., Deutsche Post AG) starts forwarding the letters addressed to the customer to us. This may take several days.

4.3. Digitization of letters or documents takes place only on business days and typically within 24 hours of receiving a letter or document. Business days are Monday through Friday, excluding public holidays in Berlin.

4.4. If letters or documents are unsuitable for the digitization process, we are entitled to refuse the digitization of the respective letter or document and the corresponding order, as such letters and documents are not covered by the scope of services. We will then refuse to accept them.

4.5. We are not required to check whether a letter contains particularly valuable items. We will handle valuable items as carefully and securely as regular mail and are not required to store them with additional security measures.

4.6. We reserve the right to have any services we are required to provide under this contract performed in whole or in part by third parties.

4.7. Letters or documents that are to be forwarded in physical form to customers after digitization will be sent as insured packages. Shipping will be done - if included in the plan - on a defined schedule, depending on the chosen plan. It is always possible to request forwarding against payment of the current price, which can be found in the price overview at www.caya.com/en/pricing.

5. Service Availability

5.1. The customer is aware that, despite the utmost care and diligence, program errors and system-related disruptions cannot be completely ruled out according to the current state of technology. Maintenance, security, or capacity requirements, as well as events beyond our control (e.g., disruptions in public communication networks, power outages, force majeure), can lead to service outages. It is also not possible to use software or services that detect all existing malware (virus, malware, etc.). Even with a properly functioning system, 100% availability of the service cannot be guaranteed. The hardware, software, and technical infrastructure used by the customer can also affect our services. If such circumstances impact the availability or functionality of the Caya platform or Caya plans, this does not constitute a breach of our obligations.

5.2. If such disruptions occur, we will try to resolve them as quickly as possible within our control. Maintenance work will, as far as possible, take place outside regular business hours (weekdays between 6:00 p.m. and 6:00 a.m.).

6. Prices, Payment, Invoicing

6.1. The price of the Caya plans is determined by the tariff chosen by the customer. A current price overview can be found at www.caya.com/en/pricing. The payment of the prices stated in the price overview is due immediately after conclusion of the contract.

6.2. Customers can only pay using the payment methods offered by us, such as direct debit, credit card, or other electronic payment methods. By selecting one of these payment methods, the customer authorizes us to collect the amount due via the selected payment method. If a payment method is declined, Caya reserves the right to cancel the corresponding order or to block the customer account.

6.3. Payments for a monthly subscription plan must be made at the beginning of each billing period. For annual plans, the total amount is due at the beginning of the respective contractual period.

6.4. If payment cannot be processed due to reasons within the customer’s control (for example, insufficient funds in the account, incorrect payment information, etc.), Caya may charge a processing fee for the additional expenses incurred. The customer will be informed of the additional costs incurred in advance and given the opportunity to resolve the issue.

6.5. Caya reserves the right to send invoices and payment notifications exclusively in electronic form. The customer agrees to receive invoices via email or directly in the customer’s Caya account.

7. Authorizations, Postal Secrecy, Legal Effects of Deliveries

7.1. By accepting these General Terms and Conditions, the customer authorizes Caya to request the forwarding of letters addressed to the customer from third parties, such as postal service providers (e.g., Deutsche Post AG), and to receive and open such letters for the purpose of digitization.

7.2. By agreeing to these GTC, the customer grants Caya the necessary permissions to open and process letters and documents that are forwarded to the customer’s Caya postbox address. This authorization includes the right to handle the content of the letters as specified in the chosen Caya plan.

7.3. Caya is exempt from postal secrecy according to Section 39 of the Postal Act (PostG), allowing it to open letters on behalf of the customer in the course of providing the contracted services. The customer agrees to this partial exemption from postal secrecy.

7.4. The customer acknowledges that legally relevant communications, such as court orders or other time-sensitive notices, may take effect from the moment Caya receives them on behalf of the customer. It is the customer's responsibility to regularly check their Caya account to ensure that important notifications are not overlooked.

8. Customer Obligations, Third-Party Rights

8.1. The customer must ensure that Caya is authorized to receive and digitize the letters and documents intended for the customer. The customer is responsible for ensuring that the processing of such letters and documents does not violate the rights of third parties, including but not limited to intellectual property rights, data protection laws, or confidentiality obligations.

8.2. The customer guarantees that the content of the letters or documents does not infringe on the rights of third parties or violate applicable laws. The customer indemnifies Caya against all claims that third parties may assert against Caya due to a violation of their rights caused by the customer.

8.3. The customer agrees to use the Caya platform and services only for lawful purposes and in compliance with all applicable laws and regulations. Misuse of the service, such as using it for illegal purposes or attempting to circumvent postal regulations, is strictly prohibited.

9. Warranty, Limitation Period

9.1. For private customers, the statutory warranty provisions apply. If a defect occurs in the service, the customer has the right to demand rectification or a replacement. If the rectification or replacement fails, the customer may demand a reduction in the price or terminate the contract.

9.2. For business customers, Caya may choose whether to rectify a defect or provide a replacement. If both measures fail, business customers may demand a price reduction or terminate the contract. Warranty claims from business customers must be asserted within one year of receipt of the service.

9.3. Warranty claims cannot be asserted for defects that arise due to misuse, non-compliance with instructions, or modifications to the service by the customer or third parties.

10. Liability

10.1. Caya is liable for damages caused by intentional or grossly negligent breaches of duty. In cases of simple negligence, Caya is only liable for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

10.2. In cases of simple negligence, Caya's liability is limited to foreseeable and typical damages at the time of contract conclusion.

10.3. The above limitations of liability do not apply to liability for damages arising from injury to life, body, or health, or in cases of statutory liability, such as under the Product Liability Act (Produkthaftungsgesetz).

10.4. Caya is not liable for damages resulting from force majeure or other events beyond Caya's control, such as natural disasters, strikes, or governmental actions that prevent Caya from fulfilling its contractual obligations.

11. Term, Termination

11.1. The term of the Caya plan depends on the subscription option chosen by the customer (monthly or annually). Unless terminated by the customer, the contract will automatically renew for the same term at the end of each billing period.

11.2. The customer may terminate the contract up to 31 days before the end of the current contract term. If no termination notice is given within this period, the contract will automatically renew for the same term.

11.3. The contract can be terminated by sending an email to Caya’s customer support or by sending a written notice to Caya’s postal address.

12. Data Protection and Confidentiality

12.1. Caya attaches great importance to the protection of customer data and complies with the applicable data protection regulations, particularly the General Data Protection Regulation (GDPR). Details on the handling of personal data by Caya can be found in our Privacy Policy, which is available at www.caya.com/legals/privacy-policy.

12.2. Caya undertakes to treat all information received from the customer during the course of the contractual relationship as confidential and to use it only for the purposes of fulfilling the contract. This obligation continues after the termination of the contract.

12.3. Caya ensures that all employees involved in the handling of confidential data are subject to strict confidentiality agreements.

12.4. The customer acknowledges that despite the use of state-of-the-art encryption technologies, 100% security of data transmissions over the internet cannot be guaranteed. Caya shall not be liable for breaches of confidentiality that occur outside its control, such as unauthorized access to communications by third parties (e.g., hackers).

13. Changes to the Terms and Conditions

13.1. Caya reserves the right to make changes to these General Terms and Conditions at any time. Any changes will be communicated to the customer in advance, either via email or within the Caya account.

13.2. The customer has the right to object to the changes within four weeks of receiving the notification. If no objection is raised within this period, the changes will be deemed accepted.

13.3. If the customer objects to the changes, both parties have the right to terminate the contract with immediate effect. In this case, the customer will be reimbursed for any fees paid in advance on a pro-rata basis.

14. Final Provisions

14.1. Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the original intent of the parties.

14.2. The customer may not transfer their rights and obligations under this contract to third parties without the prior written consent of Caya.

14.3. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.4. For business customers, the place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, Germany. For private customers, the statutory regulations on jurisdiction apply.

14.5. The contract language is German.

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CANCELLATION POLICY
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15. Right of Withdrawal

15.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us:

Caya GmbH
Ritterstraße 24-27
10969 Berlin
Germany
+49 (0)30 200 042 025
hello@getcaya.com

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

15.2 Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

15.3 Model Withdrawal Form:

(If you wish to withdraw from the contract, please complete this form and return it.)

Caya GmbH
Ritterstraße 24-27
10969 Berlin
Germany
hello@getcaya.com

I/We () hereby withdraw from the contract concluded by me/us () for the provision of the following service ():
Ordered on ()/received 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.

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