Terms and Conditions
Terms and Conditions (T&C) of Ai.Worx GmbH
1. General Company Information
1.1 Company Name and Legal Form
The company operates under the name Ai.Worx GmbH and is registered as a limited liability company under German law.
1.2 Company Headquarters
The business headquarters of Ai.Worx GmbH is located at Borsigstraße 9, 93092 Barbing, Germany. This address is also valid for correspondence related to contract processing.
1.3 Authorized Representative
The company is represented by the CEO, Maximilian Glas, who is responsible for all business matters of Ai.Worx GmbH.
2. Services and Offerings
2.1 Service Description
Ai.Worx GmbH offers a wide range of services in the fields of Artificial Intelligence (AI) and automation solutions for enterprises. This includes consulting services, the development of custom AI-based software solutions, process automation, and cloud-based technologies. Our core competencies particularly include data analysis, machine learning, and the integration of AI into existing business processes.
2.2 Global Availability of Services
The services of Ai.Worx GmbH are available to customers worldwide. However, specific legal regulations for certain countries or regions, which are taken into account when drafting contracts, apply.
2.3 Standard Products and Customized Solutions
We offer both standardized products and solutions tailored to the specific needs of our clients. While standard products can be used immediately, customized solutions are developed in close consultation with the client to best meet their specific requirements.
2.4 Technical Requirements for Use
To utilize the services of Ai.Worx GmbH, our customers must have an adequate IT infrastructure. This is particularly relevant when implementing automation solutions. Furthermore, complex AI projects often require specific technical prerequisites, which are defined individually depending on the project.
2.5 Compliance with the Official AI Act
Ai.Worx GmbH commits to fully adhering to all mandates of the official AI Act of the European Union. Our services and products are developed and offered in accordance with the ethical, legal, and technical standards for artificial intelligence established in the AI Act.
3. Contract Finalization and Terms
3.1 Contract Formation
A contract between Ai.Worx GmbH and the customer is established when both parties confirm the essential components of the contract in writing, usually via email or postal mail. For larger projects, a personal or virtual meeting to precisely align requirements and conditions is necessary.
3.2 Contract Durations
The duration of the contract depends on the nature of the commissioned service. For one-time projects, the contract ends after full service delivery. For recurring services, such as maintenance or support, terms of one year or six months are agreed upon unless a different arrangement has been made.
3.3 Right of Withdrawal
For standardized services, we grant our customers a right of withdrawal within 14 days from contract commencement. The right of withdrawal lapses once service provision has begun or for individually developed custom projects, as these services are tailored to the customer's individual requirements.
4. Pricing and Payment Terms
4.1 Pricing Structure
The prices for services offered by Ai.Worx GmbH are based on the type of service. For consulting and development projects, we offer both fixed rates and billing on a daily basis, depending on the agreement.
For our Software-as-a-Service (SaaS) offerings, we provide a subscription-based model, which is aligned with the scope of services used.
4.2 Additional Costs
Should additional services be necessary during a project that exceed the original contract scope, they will be charged separately. This particularly affects adaptations, maintenance, implementation support, or training.
4.3 Accepted Payment Methods
Ai.Worx GmbH accepts various payment methods to offer our customers maximum flexibility. These include bank transfers, credit card payments, as well as payments via PayPal or other common payment service providers.
4.4 Payment Deadlines
All invoices from Ai.Worx GmbH are to be settled within 7 days of receipt unless another payment period has been expressly agreed.
4.5 Default Penalties
In the event a customer falls into default with payment, we charge default interest at 7.5% above the respective base rate. Additionally, we reserve the right to take further legal action if payment remains outstanding despite a reminder.
5. Service Provision and Liability
5.1 Guaranteed Performance Times and SLAs
For our SaaS services, we guarantee availability of 95%, as outlined in the respective Service Level Agreements (SLAs). For consulting projects and custom-developed software solutions, contractually agreed milestones and deadlines are established, which both parties are obliged to adhere to.
5.2 Obligations of Ai.Worx GmbH
Ai.Worx GmbH commits to providing the agreed services following the highest professional standards and ensuring that the delivered solutions meet the contractually specified requirements. We guarantee the functionality of the software for the agreed purposes and within the contractually assured characteristics.
5.3 Issue Resolution and Guarantees
In case of defects or issues in our services, Ai.Worx GmbH will rectify them free of charge within a contractually defined period. For software solutions, we provide a guarantee on issue resolution for 6 months, starting from the time the software is accepted by the customer.
5.4 Liability Limitations
The liability of Ai.Worx GmbH is limited to direct damages resulting from a breach of our contractual obligations. For indirect damages, lost profits, or consequential damages, we are liable only in cases of intent or gross negligence. The maximum liability sum is limited to the value of the respective contract.
6. Intellectual Property and Usage Rights
6.1 Copyrights and Intellectual Property
Ai.Worx GmbH retains full copyright and intellectual property rights to all developed software solutions, documentation, and concepts. The customer receives the right to use these products within the contractually agreed scope.
6.2 Granting of Usage Rights
The customer receives a non-exclusive, non-transferable license to use the software and services for their internal business processes. Transfer, sale, or licensing to third parties is not permitted unless agreed in writing.
6.3 Restrictions on Use
The use of the software for illegal purposes is strictly prohibited. Moreover, the software must not be altered, decompiled, or reverse-engineered unless explicitly allowed by law.
7. Data Protection and Confidentiality
7.1 Data Protection
Ai.Worx GmbH commits to complying with applicable data protection laws, particularly the General Data Protection Regulation (GDPR). Personal data of our customers is collected, processed, and used only to the extent necessary for contract fulfillment.
7.2 Data Protection Policy Linkage
Our complete data protection policy is published on our website and linked within these terms and conditions. It describes in detail how we collect, store, and use personal data.
7.3 Confidential Information
All confidential information made available to us in the course of fulfilling the contract will be treated with the utmost confidentiality and used only for the intended purpose. Disclosure to third parties occurs only with the express consent of the customer or if required by law.
8. Termination and Contract Resolution
8.1 Ordinary Termination
Both Ai.Worx GmbH and the customer have the right to terminate the contract with three months' notice to the end of the agreed contract term. Notice must be given in writing.
8.2 Extraordinary Termination
In the event of serious contractual breaches, such as non-fulfillment of essential contractual obligations, the contract may be terminated by either party without observing a notice period.
8.3 Data Deletion after Contract End
Upon termination of the contractual relationship, all customer data will be deleted within 30 days, unless legal retention obligations require longer storage.
9. Applicable Law and Jurisdiction
9.1 Applicable Law
The contracts between Ai.Worx GmbH and their customers are exclusively subject to German law. This also applies to all legal disputes related to the services we provide.
9.2 Jurisdiction
The jurisdiction for all disputes arising from or relating to the contracts between Ai.Worx GmbH and their customers is Regensburg, Germany.
10. Changes to the Terms and Conditions
10.1 Notification of Changes
Ai.Worx GmbH reserves the right to change these terms and conditions. Customers will be informed of changes in writing at least 30 days before their effect. Customers who do not agree to the changes have the right to terminate the contract within this period.
11. Additional Clauses
11.1 Specific Conditions for Certain Services
Special compliance requirements apply to projects with public clients or international partners, which are separately contractually agreed upon.
