AGB | ENDLIVITY Creative Labs

ALLGEMEINE GESCHÄFTSBEDINGUNGEN

für ENDLIVITY Creative Labs

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts between Mathias Kniepeiss, trading as ENDLIVITY – Creative Labs, (hereinafter referred to as the ‘Contractor’) and its clients (hereinafter referred to as the ‘Client’).
1.2 Scope of services

These GTC apply in particular to the following services:

AI-supported image, video and content production
AI video-to-video production
Workshops, masterclasses, training courses and lectures
Consulting, strategy and conception services
AI in-house solutions, in particular:
- Conception, development and implementation of AI-supported systems
- Creation of custom AI software, AI workflows and automations
- Development, customisation and configuration of AI agents (e.g. text, image, analysis or workflow agents)
- Integration of external AI models, APIs and third-party tools
- Setup of internal AI pipelines and prompt frameworks

1.3 Any deviating terms and conditions of the client shall only apply with express written consent.

2. Conclusion of contract

2.1 Offers are subject to change and non-binding.

2.2 A contract is concluded by written acceptance, electronic confirmation or actual use of the service.

3. Scope of services and system characteristics

3.1 The specific scope of services is determined exclusively by the respective offer or contract.

3.2 AI Inhouse Solutions regularly involves individual development, configuration or consulting services, not standard software.

3.3 The contractor does not owe any specific technical, economic or legal suitability for a specific purpose, unless this has been expressly guaranteed in writing.

3.4 Changes to external AI models, APIs or platforms (e.g. by third-party providers) are beyond the contractor's sphere of influence.

4. Use of artificial intelligence

4.1 The client acknowledges that all services may be based wholly or partly on artificial intelligence, probabilistic models and external systems.

4.2 AI-based systems, software or agents:

do not deliver deterministic results
may generate erroneous, incomplete or unpredictable outputs,
do not replace legal, economic or technical review by the client.

4.3 The contractor does not guarantee:

permanent availability,
freedom from errors,
legal compliance of individual outputs,
compatibility with future systems or updates.

5. Rights clearing / third-party property rights

5.1 The client is solely responsible for clearing the rights regarding the use of all AI-generated or AI-supported content, systems or results.

5.2 This applies in particular to:

copyright-protected content
trademarks, logos, designs
training or reference data
personal rights and data protection rights

5.3 The contractor accepts no liability for infringements of property rights arising from the use, training or utilisation of AI systems.

5.4 The client undertakes to indemnify and hold the contractor harmless in full.

6. Right to one's own image / personal rights

6.1 In the case of AI content or AI systems relating to individuals, the relevant personal rights must be observed.

6.2 The client is solely responsible for obtaining all necessary consents (model releases, approvals).

6.3 The contractor shall not be liable for any claims in this regard.

7. Rights of use and software characteristics

7.1 Unless otherwise agreed, the client shall receive a simple, non-exclusive, non-transferable right of use to the services provided.
7.2 The following applies to AI software, AI agents or workflows:

no claim to the disclosure of source code, training data or internal prompt logic,
no claim to exclusivity or sole use,
no claim to further development or maintenance.

7.3 The transfer of further rights requires a separate written agreement.

8. Client's obligations to cooperate

8.1 The client is obliged to provide all necessary information, data, access and approvals in a timely manner.

8.2 The client is responsible for:

the accuracy of the content of the data provided,
the legal admissibility of its use,
the technical review of the results.

8.3 Delays or additional expenses due to lack of cooperation shall be borne by the client.

9. Remuneration and terms of payment

9.1 All prices are net plus statutory value added tax.

9.2 Payment terms: 14 days net, unless otherwise agreed.

9.3 In the event of late payment, the contractor is entitled to suspend services.

10. Warranty

10.1 The contractor owes professional performance, but not a specific result.
10.2 A warranty for error-free AI outputs, software results or decision-making bases is excluded.

11. Liability

11.1 The contractor shall only be liable for intent, to the extent permitted by law.

11.2 Liability is excluded in particular for:

Faulty AI outputs
Decisions based on AI results
Financial loss and consequential damage
Loss of profit
Third-party claims

11.3 The limitation of liability applies in particular to AI Inhouse Solutions, AI software and AI agents.

12. Data protection

12.1 Data processing is carried out in accordance with the GDPR.

12.2 Details are regulated in the privacy policy on the website.

13. Contract term and termination

13.1 Contracts end with the provision of services, unless otherwise agreed.
13.2 Continuing obligations may be terminated in accordance with the agreement.

14. Final provisions

14.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 The place of jurisdiction is – to the extent permissible – the registered office of the contractor.
14.3 Severability clause.