Provisions for users in Austria

Last modified on March 29, 2023 to comply with Austrian law. Learn more.

If you are a consumer and habitually reside in Austria, the following provisions supersede those in the Terms and prevail over them:

Fees and Taxes. You are responsible for all data plans and Internet fees charged by your wireless service provider or carrier associated with your use of our Services.

Disclaimers and Release. You use our Services subject to the following disclaimers. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "WhatsApp Parties") from any claim, complaint, cause of action, controversy, or damages (together, "Claim"), known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties.

Updating the Terms. We are constantly working to improve our Services and develop new features to make our products even better for you and our community. Therefore, we may need to update these Terms from time to time to reflect our Services and practices correctly.

Without your explicit acceptance, we will only make changes if they are necessary:

• under applicable law or a binding court ruling or administrative order;
• for security and integrity reasons;
• to improve or develop our services or new features; and/or
• to ensure the functionality of our services
• and only to the extent that such changes do not alter the nature of our existing Services or (our or your) main contractual obligations.

If we make such a change, unless a binding court ruling or administrative order requires otherwise, we will provide you at least 30 days' advance notice of such changes to our Terms (through an in-product notification), which will give you the opportunity to review the revised Terms before they become effective and inform you of your account options if you do not wish to accept the changes before their effective date. In this notification, we will also explain that if you continue to use our Services after the effective date of the revised Terms this will be deemed as acceptance of the revised Terms, and you will then be bound by them.

We will also update the "Effective Date” at the top of our Terms.

Changes to these Terms that rely on your acceptance by your continued use of our Services shall become effective no sooner than 30 days after we provide the aforementioned notice of planned changes.

Assignment by WhatsApp of Contract / Rights to Other Entities. This clause does not apply.

Assignment by the User of Contract / Rights to Other Entities. In order to ensure the proper performance of the contract, it is necessary to stay informed about our contractual partners. Therefore, in the event that you would like to assign your rights and obligations under these Terms to another person other than any entity with legal standing to enforce consumer rights under Sec 29 KSchG, you must provide us written notice in advance, stating the extent of the assignment and identifying the acquiring person. Otherwise, we may continue to perform our obligations to you under these Terms.

Compliance with Law. If you are a consumer and have your permanent residence in a country within the European Union, then you enjoy all the rights and protections of the mandatory legal provisions of your country of residence. This means that, in the event of a conflict between any provision of these Terms and the mandatory laws of your country of residence, the mandatory laws shall prevail.

Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect. However, if the contract cannot be performed in the absence of the invalidated provision, the invalidated provision shall be replaced by the corresponding statutory provision (as long as the replacement favors the consumer).