Terms of Service

1. Scope of Application

These Terms of Service apply to all contracts between FluxHuman (hereinafter "Provider") and the Customer for the provision of services in the field of AI automation, software development, and consulting.

2. Contract Formation

A contract is concluded by the Provider's written order confirmation or by commencement of service provision. The Provider's offers are non-binding and subject to change.

3. Scope of Services

3.1 Description of Services

The exact scope of services results from the respective offer or service description. The Provider offers the following services:

• AI automation and workflow integration
• Development of custom software solutions
• Consulting on AI implementation and EU AI Act compliance
• Prototyping and MVP development
• Data analysis and processing

3.2 Customer's Cooperation Obligations

The Customer shall provide all information, access, and resources required for service provision in a timely manner. Delays due to lack of cooperation shall be at the Customer's expense.

4. Remuneration and Payment Terms

4.1 Remuneration

Remuneration is based on the agreed offer. All prices are exclusive of statutory value added tax.

4.2 Payment Terms

Invoices are payable within 14 days of invoicing without deduction. In B2B contracts, statutory default interest of 9.2 percentage points above the base rate (§ 456 UGB) applies; for consumers, the statutory default interest is 4% (§ 1000 ABGB).

4.3 Project Phases

For larger projects, milestone payments based on project progress may be agreed. The exact breakdown is specified in the offer.

4.4 Payment Methods

Accepted payment methods: SEPA transfer and bank transfer. Invoices are delivered by email in PDF format. Electronic invoices (XML, ebInterface) are available on request. Other payment methods (e.g. credit card) may be agreed separately.

5. Warranty and Liability

5.1 Warranty

The Provider warrants that the services provided meet the agreed requirements. In B2B relationships, defects must be reported in writing without undue delay (§ 377 UGB). The statutory warranty periods under §§ 922 ff. ABGB remain unaffected for consumers.

5.2 Limitation of Liability

In dealings between businesses, the Provider's liability is limited to intent and gross negligence. For slight negligence, the Provider is only liable in the event of a breach of essential contractual obligations and limited in amount to the typically foreseeable damage, capped at the agreed contract value.

In dealings between businesses, liability for indirect damages, lost profits and data loss is excluded to the extent permitted by law.

In any case, liability for personal injury, liability under the Austrian Product Liability Act and mandatory consumer rights remain unaffected; § 6 KSchG applies in dealings with consumers.

6. Intellectual Property

6.1 Usage Rights

Upon full payment, the Customer receives the agreed usage rights to the created works. Unless otherwise agreed, non-exclusive usage rights are granted.

6.2 Pre-existing Intellectual Property

All rights to the Provider's pre-existing intellectual property (such as frameworks, libraries, methods) remain with the Provider. The Customer receives a simple right of use for the project.

7. Confidentiality

Both parties undertake to keep confidential all confidential information received in the course of cooperation and to use it only for the purposes of the contract.

8. Data Protection and EU AI Act

8.1 Data Protection

The processing of personal data is carried out in accordance with the GDPR. If necessary, a separate data processing agreement will be concluded.

8.2 EU AI Act Compliance

The Provider performs its services in line with Regulation (EU) 2024/1689 (EU AI Act). The specific obligations owed in each case (e.g. technical documentation, risk classification, transparency notices) depend on the actual risk class and role (provider, deployer, importer) of the agreed solution and are set out in the respective offer or statement of work. Obligations that fall on the Customer in its role as deployer remain with the Customer.

9. Termination

Either party may terminate the contract for cause with immediate effect. The Customer's statutory right to terminate a Werkvertrag at any time under § 1168 ABGB (against payment for work already performed and reasonable compensation for the Provider's lost cooperation) remains unaffected. In any event, services already rendered must be remunerated.

10. Refunds and Right of Withdrawal

10.1 Consumer Right of Withdrawal (FAGG)

Consumers (per Austrian KSchG) have a 14-day right of withdrawal from contract conclusion under FAGG. For B2B contracts, the right of withdrawal is excluded unless otherwise agreed.

10.2 Form and Consequences of Withdrawal

Withdrawal must be declared in writing to hello@fluxhuman.com. Services already rendered will be invoiced pro rata. Advance payments for services not yet rendered will be refunded within 14 days.

11. Final Provisions

11.1 Applicable Law

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

11.2 Place of Jurisdiction

In B2B relationships, the courts competent in Vienna, Austria, are agreed as the exclusive place of jurisdiction for all disputes arising from this contract. Towards consumers, the mandatory rules on jurisdiction under § 14 KSchG and the Brussels Ia Regulation (EU) No 1215/2012 remain unaffected.

11.3 Severability Clause

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