General Terms and Conditions

These GTC apply exclusively to contracts between webconsulting business services gmbh (hereinafter referred to as the "Agency") and entrepreneurs or businesses within the meaning of the Austrian Commercial Code (UGB). Sales to consumers do not take place.

By completing an online order, the customer confirms that they are acting as an entrepreneur or on behalf of a business. Should this information prove to be incorrect, the Agency may contest the contract or terminate it extraordinarily.

The Agency provides services exclusively on the basis of these GTC as well as written offers, service descriptions, and order confirmations. Deviating terms and conditions only apply with express written consent.

In the case of online orders, the contract is concluded when the "Order with obligation to pay" button is clicked. Prior representations on the website are non-binding.

Should individual provisions be or become legally invalid, the validity of the remaining provisions shall remain unaffected.

The scope of services results from the respective service description, the offer, or the product presentation. The AI Tools are a Software-as-a-Service (SaaS) offering.

The Agency is entitled to further develop, adapt, or replace features with equivalent services, provided this does not impair the essential purpose of the contract.

Access must be used on a personal or company-specific basis. Unauthorised passing on to third parties, sharing of access, or abusive use of the services is prohibited.

AI-generated results serve as support. The customer remains responsible for the professional, legal, and economic review and approval of all generated content.

Approvals and feedback within the scope of projects are deemed to have been granted after 3 working days without written objection, unless otherwise agreed.

The customer shall provide all information, access, and approvals required for the fulfilment of the contract in a timely manner.

For the use of the AI Tools and the conclusion of a subscription, correct company and billing data must be provided, in particular company name, billing address, and - if available or required for reverse charge - VAT ID (UID/VAT-ID).

Changes to billing data, contact persons, email addresses, or tax details must be communicated immediately and updated in the customer account.

Failure to cooperate in good time or the provision of incorrect information may lead to delays, additional costs, incorrect tax calculations, or a suspension of access.

The customer bears the responsibility for the legality of the content, data, and intended uses provided by them.

All stated prices are net prices exclusive of the respectively applicable value added tax (VAT), unless the reverse charge mechanism or a tax exemption applies due to tax regulations.

The AI Tools subscription costs 25.00 EUR net per month. In addition, usage-based AI costs may apply, provided these are specified in the respective product or offer.

Payment processing is carried out via Polar Software Inc. ("Polar.sh") as the Merchant of Record. Polar.sh is responsible for payment processing, invoicing, and the calculation/remittance of the respectively applicable VAT.

For intra-community B2B services, the reverse charge mechanism may apply if a valid VAT ID is provided. The final tax treatment results from the billing data entered at checkout.

Payments are due immediately. In the event of failed payments, chargebacks, or outstanding claims, the Agency is entitled to block access to services until complete clarification.

The AI Tools are provided as an ongoing SaaS subscription. Access is only available with an active, paid subscription or explicit activation by the Agency.

The subscription is automatically renewed for one month at a time, unless it is cancelled before the end of the current billing period.

Cancellation can be carried out via the customer portal or in writing to the Agency up to the end of the current billing period. Billing periods that have already begun will not be refunded pro rata, unless mandatory statutory provisions dictate otherwise.

Price changes will be communicated with a reasonable advance notice of at least 30 days and do not apply retroactively to already billed periods.

The Agency is entitled to temporarily or permanently suspend access in the event of abusive use, security incidents, or significant breaches of contract.

All rights to concepts, software, designs, texts, structures, and other work results remain with the Agency or the respective copyright holders, unless explicitly agreed otherwise.

Upon full payment, the customer receives a non-exclusive, non-transferable right of use to the agreed extent.

Passing on, sub-licensing, reproduction, or use outside the agreed purpose is only permitted with explicit written consent.

Open-source, third-party, and platform components are subject to their respective licensing and usage terms.

The Agency reserves all rights not explicitly granted.

The use of Artificial Intelligence takes place in compliance with the applicable regulatory requirements, in particular the EU AI Act, where applicable.

AI-generated content, analyses, evaluations, or suggestions may contain errors, incompleteness, or biases and do not replace individual professional assessment.

The Agency owes no guarantee of content-related or economic success resulting from the use of AI features, social media platforms, search engines, app stores, or other third-party platforms.

Third-party platforms can change, restrict, or discontinue content, reach, accounts, or features at any time. The Agency assumes no liability for this.

For entrepreneurs, the warranty period is 6 months from the provision of the service. Defects must be reported in writing immediately and documented comprehensibly.

The liability of the Agency for slight negligence is excluded. This does not apply to personal injury or in the case of mandatory liability under indispensable law.

Liability for loss of profit, consequential damages, indirect damages, loss of data, third-party failures, or wrong decisions due to AI-generated content is excluded to the extent permitted by law.

Liability is limited in amount to the fee of the last 12 months of the contractual relationship concerned, provided no mandatory law stands in the way.

Force majeure, cyber-attacks, official measures, failures of hosting, payment, or AI third-party providers, as well as other circumstances beyond the Agency's control, suspend performance obligations for the duration and extent of the disruption.

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG), and our privacy policy at https://webconsulting.at/datenschutz.

For payment processing, invoicing, and tax treatment, the necessary company, contact, and billing data are transmitted to Polar Software Inc. ("Polar.sh").

Insofar as the Agency uses sub-processors, hosting, AI, or communication services, this is done in accordance with the privacy policy and, if necessary, on the basis of appropriate safeguards for third-country transfers.

The customer assures that personal data of third parties is only transmitted to the Agency lawfully and guarantees the necessary legal basis and provision of information to data subjects.

Austrian substantive law applies, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Mattersburg, Austria, to the extent permitted by law.

The place of performance is the registered office of the Agency, unless otherwise agreed in writing.

For entrepreneurs, there is no statutory right of withdrawal as there is in consumer transactions. Any goodwill arrangements require explicit written agreement.

Amendments and supplements to these GTC as well as ancillary agreements must be in writing, unless explicitly regulated otherwise.

The Agency is entitled to amend these GTC for future conclusions of contracts. For existing continuing obligations, changes will be communicated with reasonable advance notice.

Should individual provisions of these GTC be or become wholly or partially legally invalid, the validity of the remaining provisions shall remain unaffected.

Please direct enquiries regarding these GTC to office@webconsulting.at.