1.1. Cortecs GmbH, Schottengasse 10, 1010 Vienna, Austria, company register number: 560802i (hereinafter referred to as “PROVIDER”) offers different AI (Artificial Intelligence)-Models of different AI-providers (hereinafter referred to as “APPLICATION”) to the customer.
1.2. This Terms and Conditions are directed exclusively at persons who wish to use the services for business purposes, i.e. entrepreneurs within the meaning of section 1 para (1) number (1) KSchG [Austrian Customer Protection Act] (hereinafter referred to as “CUSTOMER”). This contract forms an integral part of the offer addressed to the CUSTOMER. Upon acceptance of the offer, this Terms and Conditions shall be deemed effectively agreed.
1.3. The CUSTOMER's General Terms and Conditions shall expressly not apply.
1.4. For reasons of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
3.1. The use of the APPLICATION may be preceded by a test phase. All warranty claims are excluded during this test phase.
The term "User" pertains to the individual person, company, or organization accessing, receiving, or utilizing the Services, which includes yourself.
3.1. For all business relations between the PROVIDER and the CUSTOMER in connection with this Terms and Conditions in relation to the APPLICATION, this Terms and Conditions shall apply in the version valid at the time of the conclusion of the transaction.
3.2. Any general terms and conditions of business, delivery conditions, etc. of the CUSTOMER shall expressly not apply.
3.3. The contract, order and business language is German or English, depending on the CUSTOMER's choice.
4.1. The CUSTOMER is obliged to provide truthful and complete information within the scope of the business relationship and to keep his data up to date at all times. He must treat his data (in particular passwords and access data) confidentially. If the CUSTOMER suspects misuse by third parties, he must inform the PROVIDER immediately. The APPLICATION may only be used by employees of the CUSTOMER.
4.2. The CUSTOMER must refrain from all actions that could jeopardize or impair the technical service provision of the PROVIDER (including cyber attacks). Such behavior will be prosecuted.
4.3. In the event of unlawful use of the APPLICATION, the PROVIDER reserves the right to refuse the CUSTOMER the use of the APPLICATION.
4.4. It is the responsibility of the CUSTOMER to create the electronic infrastructure necessary for the use of the services. This also means that the CUSTOMER has the necessary software and hardware equipment to use the APPLICATION. The PROVIDER is not obliged to provide information or advice in this regard.
4.5. It is the sole responsibility of the CUSTOMER to ensure that theAPPLICATION does not capture any content that contains illegal information. The PROVIDER accepts no liability for any unlawful use of the APPLICATION.
4.6. It is the sole responsibility of the CUSTOMER to check the accuracy and plausibility of the results produced and processed with and by the APPLICATION. The PROVIDER accepts no liability for the accuracy of the data generated by the APPLICATION.
4.7. The PROVIDER reserves the right to change, add and remove individual features/functionalities of the APPLICATION (without substantially affecting the usability of the APPLICATION).
5.1. The prices quoted by the PROVIDER are in EUR. In case of doubt, VAT is not yet included (and must therefore be added).
5.2. The content of the agreed service and the fee to be paid (hereinafter referred to as “FEE”) are set out in the offer accepted by the CUSTOMER.
5.3. Before the conclusion of the contract, the CUSTOMER must add a valid credit card number which will be debited. The CUSTOMER will then top up a credit. By clicking on the corresponding button, the contractual relationship is transferred to a period subject to payment. The CUSTOMER can use the application as long as the credit is sufficient. It is in the sole responsibility of the CUSTOMER to make sure, that he has enough credit.
5.4. The PROVIDER reserves the right to adjust the agreed fees to inflation once a year. The Austrian consumer price index (“VPI”) published on the website of Statistics Austria at the time the contract is concluded shall serve as the reference value. The fees shall increase in accordance with the change in the index figures published in the last 12 months. A reduction of the fees is expressly excluded. If it is no longer possible to use an index calculation, the value guarantee shall be calculated according to the same principles used to calculate the consumer price index.
5.5. Notwithstanding the annual inflation adjustment, the PROVIDER is authorised to increase the fee. If the CUSTOMER does not wish to do so, he may terminate the contractual relationship with due notice.
6.1. The CUSTOMER may only use the APPLICATION offered by the PROVIDER for the intended purpose.
5.5. Notwithstanding the annual inflation adjustment, the PROVIDER is authorised to increase the fee. If the CUSTOMER does not wish to do so, he may terminate the contractual relationship with due notice.
6.2. Markings of the APPLICATION, in particular copyright notices, trademarks, serial numbers or similar, may not be removed, changed or made unrecognisable.
6.3. A user manual is not owed.
6.4. Support by the PROVIDER is not owed.
6.5. The PROVIDER endeavours to ensure that the APPLICATION is available 99.0% of the time per year. Announced maintenance work and downtimes due to force majeure are not deducted when calculating availability.
6.6. Back-Ups are not owed.
7.1. The PROVIDER shall be entitled to remedy any defects by means of economically and technically reasonable workarounds.
7.2. The PROVIDER's liability for damages caused by slight negligence is excluded in its entirety.
7.3. In cases of gross negligence, the PROVIDER's liability is limited to twice the amount of the FEE paid or to be paid by the CUSTOMER in the last three months of the contractual relationship.
7.4. The PROVIDER is not liable for lost profits (“entgangenen Gewinn”).
7.5. The PROVIDER endeavours to ensure trouble-free operation of the APPLICATION. This is naturally limited to services over which the PROVIDER has an influence. The PROVIDER reserves the right to restrict access to the APPLICATION in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond its control.
7.6. The PROVIDER shall not be liable for content published by the CUSTOMER in the APPLICATION. The CUSTOMER shall indemnify the PROVIDER against all claims of third parties arising from actions of the CUSTOMER in connection with the use of the APPLICATION for which the CUSTOMER is responsible in the event of a claim due to an alleged or actual infringement of rights and/or infringement of third-party rights.
7.7. The PROVIDER proceeds according to the respective state of the art, but does not guarantee absolute safety of the APPLICATION and is not liable for it.
7.8. For the avoidance of doubt, user errors and errors that are outside the sphere of the PROVIDER shall not give rise to any claims for damages and/or warranty claims. This also includes the processing speed that may fall below the specified processing speeds, as this also depends on the CUSTOMER's infrastructure, among other things (outside the sphere of the PROVIDER).
8.1. The disclosure of data and information to the required business partners is permitted insofar as this is necessary for the fulfilment of the contractual relationship, legitimate interests and legal obligations (Art. 6 para (1) lit (b), (c) and (f) GDPR). In addition, the PROVIDER is obliged to maintain confidentiality about the circumstances, data or business and trade secrets of the other party that have become known to it as a result of the existing business relationship and, in particular, to maintain data secrecy. These obligations to maintain data and business secrecy shall also apply beyond the contractual relationship.
8.2. The PROVIDER points out that the CUSTOMER's data may be processed for advertising purposes on the basis of legitimate interests (Art 6 para (1) lit (f) GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para (2) GDPR).
9.1. The PROVIDER is authorised to refer to the fact of the business relationship with the CUSTOMER by means of a reference on its website or other marketing/business documents. He is authorised to use the CUSTOMER's logo in this context. This right shall also extend beyond this contractual relationship.
10.1. Unless otherwise stated in the offer, the following applies: The contractual relationship starts by clicking the button “Start” and ends by clicking the button “Stop”.
10.2. If the operation of the APPLICATION becomes uneconomical for the PROVIDER for example because the costs of the AI providers have increased, the PROVIDER reserves the right to terminate the contractual relationship after giving 30 days' notice.
11.1. This contractual relationship shall be governed by and construed in accordance with Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2. The exclusive place of jurisdiction shall be the competent court in Vienna (1. District), Austria.
11.3. The place of fulfilment shall be the registered office of the PROVIDER.
12.1. The PROVIDER is entitled to amend this licence agreement at any time. The PROVIDER shall inform the CUSTOMER of such amendments by sending the amended terms and conditions to the e-mail address last notified to the CUSTOMER. The CUSTOMER has the right to object to this amendment. If the CUSTOMER does not object within 14 days of the change being sent, it shall be assumed that the CUSTOMER has impliedly consented to the change in terms and conditions. Unilateral and objectively unjustified changes to the terms and conditions cannot be implemented in this way.
13.1. Invalid provisions of individual parts of this contract shall not affect the validity of the remaining provisions. They shall be replaced by appropriate substitute provisions which, in the light of the purpose of the contract, come closest to what the contracting parties would have wanted if they had been aware of the invalidity. The same shall apply in the event of loopholes contrary to the contract.
13.2. This agreement supersedes any previously concluded oral or written agreements.