Terms and Conditions

These T&Cs apply exclusively to contracts between webconsulting business services gmbh (hereinafter "Agency") and entrepreneurs or businesses within the meaning of the Austrian Commercial Code (UGB). No sales are made to consumers.

By completing an online order, the client confirms that they are acting as an entrepreneur or on behalf of a company. Should this information prove to be incorrect, the Agency may challenge the contract or terminate it with immediate effect.

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

For 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 invalid, the validity of the remaining provisions shall remain unaffected.

The scope of services is determined by the respective service description, offer, or product presentation. The AI Tools constitute a Software-as-a-Service (SaaS) offering.

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

Access is to be used on a personal or company-wide basis. Unauthorised transfer to third parties, sharing of access credentials, or misuse of the services is prohibited.

AI-generated results serve as a support tool. The client remains responsible for the technical, legal, and commercial review and approval of all generated content.

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

The client shall provide all information, access credentials, and approvals necessary 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 the company name, billing address, and – if available or required for reverse charge – VAT ID.

Changes to billing data, contact persons, email addresses, or tax information must be reported without delay and updated in the customer account.

Failure to cooperate in a timely manner or the provision of incorrect information may result in delays, additional costs, incorrect tax calculations, or the suspension of access.

The client bears responsibility for the legality of the content, data, and intended uses they provide.

All stated prices are net plus the 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 per month net. Additional usage-based AI costs may apply if stated 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 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 suspend access to services until the matter is fully resolved.

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

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

Cancellation can be submitted via the customer portal or in writing to the Agency by the end of the current billing period. Billing periods that have already commenced will not be refunded on a pro-rata basis, unless mandatory statutory provisions dictate otherwise.

Price changes will be communicated with 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 misuse, security incidents, or material 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 expressly agreed otherwise.

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

Passing on, sub-licensing, reproducing, or using outside the agreed purpose is only permitted with express written consent.

Open-source, third-party, and platform components are subject to their respective licence and terms of use.

The Agency reserves all rights not expressly granted.

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

AI-generated content, analyses, assessments, or suggestions may contain errors, inaccuracies, or biases and do not replace individual professional review.

The Agency guarantees no commercial or content-related success arising from the use of AI functions, social media platforms, search engines, app stores, or other third-party platforms.

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

For business clients, the warranty period is 6 months from the provision of services. Defects must be reported in writing without delay and documented comprehensively.

The Agency's liability for slight negligence is excluded. This does not apply to personal injury or where liability is mandatory by law.

Liability for lost profits, consequential damages, indirect damages, loss of data, third-party provider failures, or poor decisions based on AI-generated content is excluded to the extent permitted by law.

Liability is limited in amount to the remuneration of the last 12 months of the contractual relationship concerned, unless mandatory law dictates otherwise.

Force majeure, cyberattacks, 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").

Where the Agency uses sub-processors, hosting, AI, or communication services, this is done in accordance with the privacy policy and, where necessary, on the basis of suitable guarantees for third-country transfers.

The client warrants that they only transmit personal data of third parties to the Agency lawfully and that they secure the necessary legal bases or information vis-à-vis the data subjects.

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

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

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

Business clients do not have a statutory right of withdrawal as exists in consumer transactions. Any goodwill arrangements require express written agreement.

Amendments and supplements to these T&Cs as well as subsidiary agreements must be made in writing, unless expressly provided otherwise.

The Agency is entitled to amend these T&Cs for future contract conclusions. For existing continuing obligations, amendments will be communicated with reasonable advance notice.

Should individual provisions of these T&Cs be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

Please direct any enquiries regarding these T&Cs to office@webconsulting.at.