General terms and conditions

(1) These terms apply to contracts between VI4 Bernhard Reiter (“the provider”) and the client on the creation, operation and maintenance of custom software.

(2) They apply exclusively towards businesses within the meaning of § 1 UGB. This is not a consumer transaction under the KSchG (Austrian Consumer Protection Act). Access requires a valid UID-Nummer (VAT ID).

(3) Terms of the client that differ from these apply only with the provider’s express written consent.

(1) The service is at an early stage. The client takes part as a trial customer and is aware of this.

(2) In return the client receives preferential conditions and accepts that the scope of functions may change, that faults may occur more often than with established products, and that feedback is welcome.

(3) The provider undertakes to disclose known defects and limitations on its own initiative instead of concealing them.

(1) The provider creates an application according to the jointly agreed specification. The specification within the meaning of these terms is the written development plan under § 7(1).

(2) AI-assisted tools are used in creating it. Their results may contain errors; the provider checks them before delivery and takes responsibility for them as for its own work.

(3) Where operation and maintenance are agreed, this covers monitoring, security updates, upkeep of the components used and fault resolution.

(4) Statements on the website and in documents are descriptions and not warranted characteristics, unless they are expressly worded as a commitment. Otherwise the specification is binding.

(1) The application is built and runs in the client’s infrastructure: own source code repository, own database, own access to AI services.

(2) The client concludes the contracts with these providers in its own name. It bears the running costs directly; they are not included in the fee under § 7.

(3) The provider is not liable for the availability, prices and terms of these third-party providers.

(1) The client provides the necessary information, access and decisions in good time and names a contact person authorised to decide.

(2) The client is responsible for the lawfulness of the content and data it contributes.

(3) Delays caused by missing cooperation extend deadlines reasonably; additional effort may be charged on a time and material basis.

(1) The decisive moment is the first go-live — the moment the application is reachable in production at the client.

(2) The client checks the application against the specification within 14 days. Acceptance is deemed granted if the client does not give written notice of material defects within this period. Using the application productively during the period does not end the review; it counts as acceptance only once the period has expired.

(3) Immaterial defects do not prevent acceptance; they are remedied under the warranty.

(1) Unless agreed otherwise, the following staging applies:

• €500 at the start, for the development plan
• €1,500 before go-live, for build and launch
• €2,000 on request, for the evidence package under § 8

(2) All amounts are net plus VAT. For services to businesses in other EU member states, the tax liability shifts to the recipient of the service.

(3) The amount for the development plan is earned once the plan is handed over, even if the client does not continue the project afterwards. The plan stays with the client.

(4) Fees for operation and maintenance are due monthly in advance.

(5) Payment term 14 days. In case of default, the interest under § 456 UGB applies; after a reminder and a reasonable grace period the provider may suspend the service. Set-off against disputed counterclaims is excluded.

(1) Upon full payment the client receives the transferable right, unlimited in time, territory and content, to use, modify and further develop the application and its source code — including through third parties.

(2) The source code sits in the client’s repository from the start. A separate handover is unnecessary; there is no technical dependency on the provider.

(3) Pre-existing components and tools of the provider remain its property. Where they are incorporated, the client receives a non-exclusive, unlimited right to use them within the application.

(4) The provider does not use the client’s content and data to train AI models.

(5) The evidence package comprises test records, technical documentation and traceability records. Independently of this, the application is built to ISO 27001 principles; certification of the software is neither carried out nor promised.

(1) The provider warrants that the application conforms to the specification at acceptance. The period is twelve months from acceptance.

(2) For changes delivered after go-live as part of operation and maintenance, the law on contracts for work does not apply anew: these services are a continuing obligation. A single change does not start a new twelve-month period; the period under paragraph 1 remains decisive.

(3) Defects are remedied by improvement. If improvement fails twice, the client has the statutory rights. The duty to inspect and give notice of defects under § 377 UGB remains unaffected.

(4) There is no warranty for defects arising from changes by the client or third parties, from improper use, or from faults in third-party services.

(5) By the state of the art, software cannot be created free of errors. Freedom from errors and uninterrupted availability are not warranted. A particular availability applies only where it is agreed in writing.

(1) The provider is liable without limitation for intent and gross negligence, and for culpable injury to life, body or health.

(2) In case of slight negligence, the provider is liable only for the breach of material contractual duties, limited to the damage typical for the contract and foreseeable, but at most to the fee paid for the project concerned.

(3) There is no liability for lost profit, indirect damage and consequential damage in case of slight negligence.

(4) The client is responsible for a backup appropriate to the risk. In case of data loss, the provider is liable only for the effort that would have been needed to restore the data had it been backed up properly.

(5) Liability under the Produkthaftungsgesetz (Austrian Product Liability Act) remains unaffected.

(1) If the provider gains access to personal data in the client’s systems, the parties conclude a data processing agreement under Art. 28 GDPR before the processing starts. The client remains the controller.

(2) In all other respects the privacy statement applies.

Both parties treat information of the other party that is recognisably confidential as confidential and use it only to perform the contract. This duty continues for three years beyond the end of the contract.

(1) The creation contract ends with acceptance and full payment.

(2) Operation and maintenance can be terminated monthly to the end of the month. The right to terminate for good cause remains unaffected.

(3) When maintenance ends, the application keeps running unchanged and stays with the client. Before the termination takes effect, the provider points out in writing which services cease — in particular security updates and monitoring of the legal situation — and records that the client has taken note.

(4) A data handover is not necessary, because source code and data sit with the client. The provider returns access credentials and deletes remaining copies, unless a retention duty applies.

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction is the court having subject-matter jurisdiction for the provider’s registered office in 9904 Thurn.

(3) Changes and additions require written form. If a provision is invalid, the validity of the remaining provisions is unaffected.