(1) These General Terms and Conditions (Terms) apply to the use of the software service "aiarbeiter" (the "Service") provided by AbdeX e.U. (the "Provider").
(2) The Service is directed exclusively at businesses within the meaning of § 1 UGB or § 1 KSchG. By registering, the customer confirms that they use the Service in the course of their business activity. Consumer-protection provisions, in particular the Distance and Off-Premises Contracts Act (FAGG), do not apply; there is therefore no statutory right of withdrawal/cancellation for consumers.
(3) Deviating or conflicting terms of the customer are objected to; they only become part of the contract through the Provider's express written confirmation.
The Provider makes available to the customer cloud-based software with which an AI-assisted agent communicates via WhatsApp with the customer's end customers and processes appointments, orders, reservations and enquiries. The specific scope of functions depends on the selected plan and the respective current service description. The Provider owes the provision of the software, not a particular economic success.
The contract is concluded upon completion of registration and confirmation by the Provider (activation). A free trial period, where offered, ends automatically and gives no claim to permanent free use.
| Starter | €79 / month | approx. 250 customer conversations / month |
| Pro | €129 / month | approx. 600 customer conversations / month |
| Business | €249 / month | approx. 1,500 customer conversations / month |
All prices are net plus statutory VAT. Billing is monthly in advance. No per-booking commissions apply. The Provider is entitled to adjust the fees with effect for future billing periods; the adjustment will be announced to the customer with reasonable notice (at least 4 weeks). If the customer does not object and does not terminate before it takes effect, the adjustment is deemed accepted.
Each plan includes a monthly volume of automatically processed customer conversations (see § 4). The figures are guide values; what matters is a fair usage framework appropriate to the plan. Once the volume is reached, the agent pauses automatically until the start of the next calendar month. The Provider informs the customer in good time by e-mail. The customer may switch to a higher plan at any time. This limit serves the stable, predictable operation of the Service and does not constitute a refusal of performance.
The contract is concluded for an indefinite period and may be terminated by either party at the end of the respective monthly billing period. The right to extraordinary termination for good cause remains unaffected; good cause exists for the Provider in particular in the event of payment default, misuse or breach of § 8. Terminations must be in text form (e.g. e-mail).
The customer will not use the Service for unlawful, misleading, harassing, discriminatory or unsolicited mass communication (spam) and will comply with all applicable laws and the Meta/WhatsApp policies. Where there is a reasonable suspicion of a breach, the Provider is entitled to temporarily suspend the Service.
The agent's responses are generated automatically using an AI language model and may in individual cases be incorrect, incomplete or inappropriate ("hallucinations"). The customer acknowledges this, monitors the Service and bears responsibility for the content communicated on their behalf and the commitments resulting from it (e.g. prices, appointments, availability). The Provider gives no warranty as to the accuracy or suitability of individual automated responses. The customer retains control in the cockpit at all times and can intervene, correct and pause the agent.
The Provider endeavours to achieve high availability but does not owe uninterrupted availability. Maintenance work, disruptions at third-party providers (in particular WhatsApp/Meta, hosting, AI provider) or force majeure may lead to temporary restrictions for which the Provider is not responsible.
Insofar as the Provider processes personal data on behalf of the customer, the Data Processing Agreement (DPA) applies in addition, which forms an integral part of this contract and to which the customer consents upon registration.
(1) The Provider is liable without limitation for intent and gross negligence, as well as for injury to life, body or health, and under mandatory statutory provisions.
(2) In the case of slight negligence, the Provider is liable only for breach of an essential contractual obligation (cardinal obligation) and only up to the amount of the foreseeable damage typical for the contract.
(3) The Provider's liability – outside the cases of paragraph 1 – is limited in total to the fees actually paid by the customer in the last twelve months before the event causing the damage.
(4) Liability for lost profit, indirect damage, consequential damage and for loss of data (unless based on the breach of contractual data-backup obligations) is excluded to the extent permitted by law. The Provider is not liable for damage resulting from disruptions attributable to third-party providers (WhatsApp/Meta etc.) or from use attributable to the customer.
The customer indemnifies the Provider against all claims of third parties – in particular of end customers, authorities, collecting societies or competitors – arising from use of the Service attributable to the customer, from content and data provided or caused by the customer, from a breach of their warranties and obligations (§§ 7, 8), or from a breach of data-protection, competition or other legal requirements by the customer. The indemnification also covers the reasonable costs of an appropriate legal defence.
The Provider may amend these Terms with effect for the future insofar as this is necessary due to changes in the legal situation, case law, the scope of functions or for other objective reasons. Amendments will be communicated to the customer in text form at least 4 weeks before they take effect. If the customer does not object before they take effect or continues to use the Service, the amendments are deemed accepted; this will be pointed out separately in the notification.
Austrian law applies, excluding the referral rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is – to the extent legally permissible – the court with subject-matter jurisdiction for the Provider's registered office. Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a rule that comes closest to the economic purpose.