Effective Date: July 1, 2026
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all products, contracts, and agreements between AAA Gigerl FlexKapG (hereinafter referred to as the “Provider”) and its users (hereinafter referred to as the “User”). Any conflicting or deviating terms from the User are only valid if expressly agreed upon in writing by the Provider.
1.2 These GTC are binding for all future business transactions between the Provider and the User, even if not explicitly reiterated.
1.3 In the event that any provision of these GTC is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. Offers and Contract Formation
2.1 All offers made by the Provider are non-binding and subject to confirmation.
2.2 A contract is only concluded upon written confirmation of the order by the Provider or by execution of the product.
2.3 The Provider reserves the right to make technical and design changes within reasonable bounds if such changes are necessary to maintain or improve product quality.
3. Products
3.1 The Provider grants the User a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the xAgent software for the User’s internal business purposes during the term of the respective agreement. The permitted scope of use, authorised users, connected systems and available functions will be defined in the applicable order form, product description or individual agreement.
3.2 xAgent is an AI-assisted software product intended to support sales and related business processes, including research, drafting, summarisation, scheduling and CRM-related activities. AI-generated outputs may be incomplete, inaccurate or unsuitable for a particular purpose and must be reviewed by an authorised user before being relied upon, communicated externally or used to perform a business action.
3.3 xAgent is not authorised to independently enter into contracts, submit binding offers, make legally binding commitments or send external communications without the required user confirmation. The User remains responsible for all decisions, approvals and actions taken on the basis of outputs generated or suggested by xAgent.
3.4 The User is responsible for ensuring that its users, instructions, uploaded content and connected systems are lawful and appropriately authorised. Access to third-party systems may be provided through API keys, OAuth authorisations or other connectors. The permissions, roles and access restrictions configured in the respective source system remain decisive and will not be bypassed by xAgent.
3.5 The Provider may update or modify the Product, including its features, integrations, AI models and technical components, where reasonably necessary for security, legal compliance, performance or further product development. User data will not be used to train or generally improve AI models unless this has been separately and expressly agreed. Further details regarding data processing, security, retention and subprocessors are outlined in the Privacy Policy.
4. Pricing and Payment Terms
4.1 All prices are quoted net of applicable taxes and charges, unless explicitly stated otherwise.
4.2 Payments are due within 30 days of invoice issuance unless otherwise agreed.
4.3 In case of default, the Provider is entitled to charge statutory default interest in addition to any incurred collection costs.
5. Intellectual Property
5.1 All products, including software and documentation, provided by the Provider remain the Provider’s intellectual property.
5.2 The User receives a non-exclusive, non-transferable license to use the product solely for the agreed purposes.
5.3 The User shall not modify, copy, or distribute the deliverables without prior written consent from the Provider.
6. Liability and Warranty
6.1 The Provider is liable only for damages caused by gross negligence or willful misconduct. Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law.
6.2 The User must report defects in writing within 7 days of delivery. The Provider will rectify any legitimate defects within a reasonable timeframe.
6.3 The Provider is not liable for issues caused by improper use, changes made by the User, or external factors beyond the Provider’s control.
7. Confidentiality and Data Protection
7.1 Both parties agree to treat all information obtained during the course of the contract as confidential.
7.2 The Provider ensures compliance with the General Data Protection Regulation (GDPR). All data processed is stored on EU-based servers.
7.3 The User is responsible for obtaining the necessary consents for any personal data they provide to the Provider during the contract’s execution.
8. Governing Law and Jurisdiction
8.1 These GTC and all contracts between the Provider and the User are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 The exclusive place of jurisdiction for all disputes is the competent court at the Provider’s registered office in Graz, Austria.
8.3 Any deviations from these terms must be agreed upon in writing.