GTC - AI COOKAGENT

General Terms and Conditions (GTC)

Effective Date: January 13, 2025

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all services, contracts, and agreements between AAA Gigerl FlexKapG (hereinafter referred to as the “Provider”) and its clients (hereinafter referred to as the “Client”). Any conflicting or deviating terms from the Client are only valid if expressly agreed upon in writing by the Provider.
1.2 These GTC are binding for all future business transactions between the Provider and the Client, even if not explicitly reiterated.
1.3 In the event that any provision of these GTC is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. Offers and Contract Formation

2.1 All offers made by the Provider are non-binding and subject to confirmation.
2.2 A contract is only concluded upon written confirmation of the order by the Provider or by execution of the service.
2.3 The Provider reserves the right to make technical and design changes within reasonable bounds if such changes are necessary to maintain or improve service quality.

3. Services

3.1 The Provider offers IT consulting and the development of AI-based software solutions tailored to the Client’s requirements. Specific deliverables and project milestones will be defined in the respective agreement.
3.2 The Provider will execute services with due diligence, following industry standards and best practices.
3.3 The Provider may engage third-party contractors to fulfill its obligations under the contract, provided such engagement does not compromise the agreed service quality.

4. Pricing and Payment Terms

4.1 All prices are quoted net of applicable taxes and charges, unless explicitly stated otherwise.
4.2 Payments are due within 30 days of invoice issuance unless otherwise agreed.
4.3 In case of default, the Provider is entitled to charge statutory default interest in addition to any incurred collection costs.

5. Intellectual Property

5.1 All deliverables, including software and documentation, provided by the Provider remain the Provider’s intellectual property until full payment has been received.
5.2 The Client receives a non-exclusive, non-transferable license to use the deliverables solely for the agreed purposes.
5.3 The Client shall not modify, copy, or distribute the deliverables without prior written consent from the Provider.

6. Liability and Warranty

6.1 The Provider is liable only for damages caused by gross negligence or willful misconduct. Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law.
6.2 The Client must report defects in writing within 7 days of delivery. The Provider will rectify any legitimate defects within a reasonable timeframe.
6.3 The Provider is not liable for issues caused by improper use, changes made by the Client, or external factors beyond the Provider’s control.

7. Confidentiality and Data Protection

7.1 Both parties agree to treat all information obtained during the course of the contract as confidential.
7.2 The Provider ensures compliance with the General Data Protection Regulation (GDPR). All data processed is stored on EU-based servers managed by IONOS SE.
7.3 The Client is responsible for obtaining the necessary consents for any personal data they provide to the Provider during the contract’s execution.

8. Governing Law and Jurisdiction

8.1 These GTC and all contracts between the Provider and the Client are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 The exclusive place of jurisdiction for all disputes is the competent court at the Provider’s registered office in Graz, Austria.
8.3 Any deviations from these terms must be agreed upon in writing.