GENERAL TERMS and CONDITIONS
for Endlivity
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1. Scope
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1.1 These General Terms and Conditions (GTC) apply to all business relationships between Endlivity, hereinafter referred to as the "Provider", and its customers who use services in the field of AI image creation as well as workshops and consulting.
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1.2 The GTC in their respective versions also apply as a framework agreement for future contracts for the delivery of products and services with the same customer, without the provider having to refer to them again in each individual case.
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2. Services of the provider
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2.1 The provider offers services in the field of AI image creation using deep learning generators such as Midjourney. These include image creation, image processing and related services.
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2.2 In addition, the provider offers workshops and consulting services to help customers understand and apply AI image creation technologies and methods.
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3. Conclusion of contract
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3.1 The presentation of the services on the provider's website does not constitute a legally binding offer, but rather an invitation to place an order.
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3.2 By ordering the desired service, the customer makes a binding offer to conclude a service contract. The contract is concluded when the provider accepts this offer.
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4. Prices and payment terms
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4.1 All prices are in euros and include VAT.
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4.2 Depending on the agreement, payment is made by bank transfer, credit card or other accepted payment methods.
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4.3 Payment is due immediately after invoicing within 14 days without deduction.
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5. Provision of services and customer’s duty to cooperate
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5.1 The provider provides the contractually agreed services to the best of its knowledge and belief.
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5.2 The customer undertakes to provide all information and materials required to provide the service in a timely manner.
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6. Copyright and rights of use
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6.1 All works created and revised by the provider are subject to copyright.
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6.2 The customer receives a simple, non-transferable right of use to the works created by the provider, unless otherwise agreed in writing.
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6.3 The works may only be passed on to third parties or used commercially with the prior written consent of the provider.
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7. Liability
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7.1 The Provider shall only be liable for damages caused by wilful or grossly negligent breach of duty. The Provider shall only be liable for slight negligence in the event of personal injury and breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
7.2 Irrespective of the degree of fault, the Provider accepts no liability for lost profits or consequential costs under any circumstances. Due to the nature of the works created with the help of AI, the Provider assumes no liability or warranty for the creation of a specific legal status with regard to the works provided by it, in particular no unrestricted copyright exclusion and/or exploitation right, with the exception of the exclusive ownership right to tangible objects, unless expressly agreed otherwise in writing.
7.3 Claims for damages can only be asserted in court within six months of becoming aware of the damage and the party causing the damage, but at the latest within three years of the event giving rise to the claim. The customer must provide proof that the damage is attributable to the fault of the provider. The amount of liability of the provider is in any case limited to the amount of the fee or the amount of the provider's current liability insurance, whichever is lower.​
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8. Data protection
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8.1 The provider processes the customer's personal data for specific purposes and in accordance with the statutory provisions.
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8.2 Further information on data processing and the rights of the data subjects can be found in the provider's privacy policy.
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9. Final provisions
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9.1 Changes or additions to these terms and conditions must be made in writing.
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9.2 Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
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9.3 The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of the provider if the customer is a merchant or does not have a general place of jurisdiction in Austria.
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These terms and conditions come into force upon publication on the provider's website and remain valid until further notice.
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