General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as the “GTC”) of Indigo Bits e.U.(hereinafter referred to as “Indigo Bits”), in the version valid at the time of the order, apply to all contractual agreements concluded in the course of the use of the services between Indigo Bits and private customers (consumers) or commercial customers (entrepreneurs).

By placing an order, the customer agrees to these GTC.

Amendments and additions to the GTC as well as verbal agreements that deviate from the content of these GTC shall only become effective with written confirmation by Indigo Bits. Indigo Bits expressly objects to any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these GTC shall have no validity unless their application has been expressly agreed to in writing.

Indigo Bits provides software-as-a-service (SaaS) solutions and related services in the field of artificial intelligence, including its own products as well as bespoke development and integration services agreed with the customer.

The Service does not in particular include

• any guarantee of a particular commercial success or outcome;
• legal, financial, tax, or investment advice;
• guarantees of the availability, accuracy, or completeness of data obtained from third-party sources or platforms.

The customer is prohibited from using the Service, in particular, to

• scrape, crawl, or harvest data from the Service itself;
• attempt to gain unauthorised access to systems, accounts, or data;
• transmit spam, malicious software, or disruptive material;
• violate applicable laws, regulations, or third-party rights;
• circumvent or attempt to circumvent usage limits, rate limits, or other technical controls;
• resell, sublicense, or commercially redistribute the Service without written authorisation.

We reserve the right to suspend or terminate accounts that violate these restrictions without prior notice.

The contract language is German. All other information and communications are offered in German.

These GTC and the contracts to be concluded under these GTC are subject to Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the state in which the customer — who is a consumer — has their residence take precedence. Insofar as the transaction is not concluded with a consumer, the parties agree on the exclusive jurisdiction of the court having subject-matter jurisdiction in Graz. Vis-à-vis consumers, the statutory place of jurisdiction applies.

The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.

All offers by Indigo Bits are invitations to the customer to make an offer. The offers of Indigo Bits are non-binding. An order is only possible upon complete provision of the customer's data. The customer's order constitutes a binding offer by the customer to conclude a contract.

The contract is legally concluded upon payment of the (purchase) price by the customer.

Information about the services offered by Indigo Bits stated in catalogues, price lists, brochures, advertisements, circulars, promotional mailings, or other media (information material) is non-binding, unless it has been expressly declared in writing by Indigo Bits to be part of the contract.

The total price stated in the offer or at the end of the order process is a final price including statutory VAT. The statutory VAT is shown separately but is included in the final price.

Unless a cash discount has been expressly agreed, the customer is not entitled to deduct a cash discount. The purchase price is due immediately upon the customer's order, unless otherwise agreed.

Where subscription-based services are offered, they are billed monthly or annually in advance. By concluding a subscription, you authorise us to charge your payment method in each billing period. We reserve the right to adjust prices with at least 30 days' notice. In the event of a price adjustment, you are entitled to an extraordinary right of termination.

In the event of default of payment, default interest at the statutory rate is charged from the due date of the claim. Further (statutory) claims remain unaffected.

Indigo Bits begins providing the service without undue delay after expiry of the statutory withdrawal period.

The customer must truthfully provide Indigo Bits with all information and facts necessary for the provision of the service. Changed circumstances, in particular changes to the customer's data (name, address, email, etc.), must be brought to the attention of Indigo Bits without delay. Delays or disadvantages due to incomplete or incorrect information shall not be to the detriment of Indigo Bits.

Customers who are to be regarded as consumers may withdraw from a distance contract or a contract concluded off business premises within 14 days without giving reasons. The instructions on the conditions and consequences of withdrawal are set out in the following withdrawal instructions:

Exceptions to the right of withdrawal

Pursuant to § 18 FAGG, the consumer has no right of cancellation/withdrawal in the case of distance contracts or contracts concluded off business premises for services if the trader — on the basis of an express request by the consumer and a confirmation by the consumer of their awareness of the loss of the right of cancellation upon full performance of the contract — had begun performance of the service before the expiry of the fourteen-day cancellation period and the service was then fully performed.

Indigo Bits processes personal data exclusively in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR). The customer acknowledges that their data may be transmitted to third parties for the purpose of contract performance.

A refund of the price in the event of no commercial success will not be made, provided that Indigo Bits has acted in accordance with the contract. Indigo Bits does not owe any particular success.

Beyond that, Indigo Bits is only liable for typical and foreseeable damage, i.e. for damage which could reasonably have been expected to occur at the time of conclusion of the contract according to the circumstances known at that time. Claims arising from (defect-)consequential damages as well as from damages for which the customer can obtain insurance cover or which are controllable by the customer, from other indirect damages and losses or lost profit, and generally pecuniary damages, in particular arising from defective, omitted, or delayed provision of services, are expressly excluded.

• Liability for damages based on circumstances caused by force majeure, strike, or unforeseeable delays not attributable to the fault of Indigo Bits, or other comparable outcomes outside the sphere of influence of Indigo Bits, is excluded.
• Likewise, liability for acts or omissions of third-party services or platforms, including incorrect data, availability, or damages arising from your interaction with third parties, is excluded.
• External links to third-party websites do not constitute a recommendation by Indigo Bits. The respective operator is always responsible for the content of such websites. Indigo Bits assumes no liability or warranty for the content of such websites.

Insofar as the customer is not a consumer, force majeure or other unforeseen impediments in the sphere of Indigo Bits release Indigo Bits from compliance with the agreed obligations. Force majeure shall in particular also include operational and traffic disruptions, improper provision of services by sub-suppliers, transport interruptions, or production stoppages; for the duration of the aforementioned impediment, Indigo Bits is released from the obligation to provide services, without the customer being entitled to claims for price reduction or other damages.

Our Service, including all software, algorithms, designs, trademarks, and content created by us, is the property of Indigo Bits. The customer receives a limited, non-exclusive, and non-transferable licence to use the Service for its intended purpose during the term of the contract.

Insofar as the Service incorporates or delivers content from third parties, Indigo Bits makes no claim of ownership of such content and does not guarantee that it is free of third-party intellectual property claims.

The term of your contract is determined by the duration agreed or by the subscription model concluded and ends automatically after expiry of this duration, without the need for separate termination. The right to extraordinarily terminate the contract for good cause remains unaffected.

We are entitled to suspend your account with immediate effect and to terminate the contract, in particular if

• you materially breach these GTC and do not remedy the breach within 7 days of notification;
• your account is used for illegal activities;
• continuation would expose us to legal or regulatory risks.

We may also discontinue a service as a whole with 30 days' notice by email; in this case we will refund pro-rated unused prepaid fees.

Insofar as the customer is not a consumer, the invalidity of a provision of these GTC shall leave all other provisions in force. The invalid provision shall be replaced by an economically equivalent or similar but permissible provision.

• Indigo Bits does not guarantee any minimum availability of the Service. Insofar as the services are not retrievable for a certain period of time, no claims can be derived from this. Indigo Bits always endeavours to ensure the most uninterrupted provision possible, but (even long-term) outages or shutdowns may occur.
• Indigo Bits is furthermore entitled to interrupt the services for a reasonable period (e.g. for maintenance work). No claims whatsoever can be derived or asserted from this either.

(Complete and return this form only if you wish to withdraw from the contract.)