Terms of Service
Updated: December 4, 2024
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 case of default, interest of 9.2% above the base rate shall be charged.
4.3 Project Phases
For larger projects, milestone payments based on project progress may be agreed. The exact breakdown is specified in the offer.
5. Warranty and Liability
5.1 Warranty
The Provider warrants that the services provided meet the agreed requirements. Defects must be reported in writing immediately.
5.2 Limitation of Liability
The Provider's liability is limited to intent and gross negligence. For slight negligence, the Provider is only liable in case of breach of essential contractual obligations.
Liability for indirect damages, lost profits, and data loss is excluded to the extent permitted by law.
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 undertakes to develop all AI solutions in accordance with the requirements of the EU AI Act and to provide corresponding documentation.
9. Termination
Project contracts may only be terminated for good cause. In the event of termination, services already rendered must be remunerated.
10. Final Provisions
10.1 Applicable Law
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 Place of Jurisdiction
The place of jurisdiction for all disputes is Vienna, Austria.
10.3 Severability Clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.