General Terms and Conditions

Effective: 13 October 2026

This English translation is provided for convenience. Only the Slovenian and German versions are binding; in case of discrepancies the German version prevails.

1. Scope and conclusion of contract

1.1 These terms apply to all services of Applied System GmbH, Seitenstettengasse 5, 1010 Vienna (the “Contractor”), ordered by a business (the “Client”). They are intended exclusively for business customers and do not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

1.2 The Client's terms and conditions do not apply, even if the Contractor does not expressly object to them, unless the Contractor confirms them in writing.

1.3 The Contractor's offers are non-binding. A contract is concluded when the Client confirms the offer in writing or by email, or when the Contractor begins performing the service.

1.4 The free introductory review and the questionnaire on the website create no contractual obligations for either party.

2. Services

2.1 The scope of services, which may include training, process analysis, introducing AI tools and developing system solutions, is set out in each offer.

2.2 Training, analysis, consulting and implementation are services for which the Contractor owes diligent performance, not a particular economic result. System solutions with a fixed scope are a contract for work (Werkvertrag), subject to the acceptance provisions in section 4.

2.3 Savings estimates prepared by the Contractor are based on the Client's data and empirical assumptions. They are estimates, not a guarantee.

2.4 Results of artificial intelligence systems may be incomplete or incorrect. The Client is responsible for checking results before using them for important decisions. AI models of third-party providers are also subject to their terms of use.

2.5 The Client provides the information, access and contact person needed for performance in good time. Delays caused by the Client's lack of cooperation extend agreed deadlines; additional costs are charged as agreed.

2.6 The Contractor may engage subcontractors to perform the services.

3. Training

3.1 Place, date, duration and number of participants are set out in the offer. Training may take place at the Client's premises or remotely.

3.2 If the Client cancels a session, the following is charged:

Rescheduling is free of charge once if notified at least 7 days in advance.

3.3 If the Contractor cannot hold a session, for example because the trainer is ill, a new date is agreed. Further claims of the Client are excluded.

3.4 Training materials are intended solely for the Client's internal use.

4. Prices, payment and acceptance

4.1 All prices are in euros and exclude VAT. Travel costs outside Vienna are charged as agreed.

4.2 Invoices are payable within 14 days of issue without deduction. For projects over €5,000 the Contractor may request an advance payment of up to 30%.

4.3 In case of late payment, statutory default interest for business transactions applies (§ 456 UGB). The Contractor may suspend further work until overdue amounts are paid.

4.4 For system solutions with a fixed scope, the Contractor notifies the Client that the solution is ready for acceptance. The Client reviews it within 10 working days and either accepts it or lists material defects in writing. If the Client does neither, or uses the solution productively, it is deemed accepted.

4.5 Minor defects do not justify refusing acceptance; the Contractor remedies them under the warranty.

5. Maintenance and monthly fee

5.1 The monthly fee includes maintenance, bug fixes and upgrades to the extent set out in the offer. Additional development requests are charged separately.

5.2 The fee is charged monthly in advance. Where part of the development costs is spread over the fee, the contract has a minimum term of 12 months.

5.3 After the minimum term, either party may terminate the contract with 3 months' notice to the end of a month.

5.4 If the parties agree on a fee tied to the savings achieved, the baseline and method of measuring the savings are set out in writing before the project starts.

5.5 The Contractor may pass on price changes of third-party providers, such as licences for AI models, to the Client, giving at least 30 days' notice.

6. Rights, confidentiality and data

6.1 Upon full payment the Client obtains a time-limited right to use the solutions created for it for its own business purposes. General know-how, methods, templates and components the Contractor also uses in other projects remain the Contractor's property.

6.2 Both parties protect the other party's confidential information learned during the collaboration, also after the contract ends.

6.3 Where the Contractor processes personal data for the Client, the parties conclude a data processing agreement under Art. 28 GDPR.

6.4 The Contractor may name the Client as a reference only with the Client's prior written consent.

7. Liability

7.1 The Contractor is liable for damage only in cases of intent and gross negligence. This limitation does not apply to personal injury.

7.2 Liability for indirect damage, lost profit, savings not achieved and loss of data is excluded, except in cases of intent.

7.3 Liability is limited in amount to the order value or, for monthly fees, to the fees of the last 6 months.

7.4 The Contractor is liable for loss of data only if the Client could not have prevented it despite regular backups.

7.5 Claims for damages must be brought in court within 6 months of the day the Client learned of the damage and the party causing it.

8. Final provisions

8.1 Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2 The court with subject-matter jurisdiction in Vienna is competent for all disputes arising from the contract.

8.3 Amendments and additions to the contract are valid only in writing; email is sufficient.

8.4 If any provision is invalid, this does not affect the validity of the other provisions. The invalid provision is replaced by a valid one that comes closest to its purpose.

8.5 These terms are available in Slovenian and German; in case of discrepancies the German version prevails.