Terms & Conditions  
Software license agreement

The customer expressly waives his own general terms and conditions, even if they were created in accordance with these general sales conditions. In order to be valid, any deviation must be expressly agreed in writing in advance.

1. Our invoices must be paid within 15 working days, unless a different payment term is stated on the invoice or order. In case of non-payment by the due date, ALLMEDIA.AI reserves the right to demand a lump sum interest payment of 10% of the remaining debt. In the event of late payment, ALLMEDIA.AI is entitled to stop providing services without prior notice.
2. If a payment is still outstanding more than sixty (60) days after the due date, ALLMEDIA.AI reserves the right to use the services of a collection agency. All court costs are borne by the customer.
3. In some countries, a withholding tax deduction is made on the invoice amount in accordance with local legislation. The withholding tax is paid by the customer to the tax authorities. Under no circumstances may ALLMEDIA.AI be involved in the costs associated with a country's legislation. The amount of the invoice is therefore due for ALLMEDIA.AI in its entirety and does not include costs relating to the legislation of the country in which the customer is based.
4. ALLMEDIA.AI undertakes to act to the best of its knowledge and belief to provide the services on time and in accordance with the agreed deadlines. However, there is no obligation to achieve results. Under no circumstances can ALLMEDIA.AI be required by the customer to act as a third party as part of an action for damages brought by an end user against the customer.
5. In order to be admissible, ALLMEDIA.AI must be notified of any complaint within 8 days of delivery of the goods or provision of services by a registered letter to the company headquarters.
6. All our contractual relationships are governed exclusively by Austria's law.

completed between

Allmedia.ai, a company of
Andreas Schwantner
Tabakfabrik P14
Peter-Behrens-Platz 10
4020 Linz
UID: ATU 57446749

and the customer
hereinafter “licensee”

1. preamble

Allmedia.ai offers the licensee a software solution for the efficient and professional publication of content in digital media. The aim of the contract is to provide software that enables the publication and editing of textual and audiovisual content created or edited by the licensee.

2. subject matter of the contract, parties

2.1 The software is tailored to the needs of the licensee and is used to publish content on digital platforms. The range of functions includes the generation, editing and publishing of textual and audiovisual content using AI, based on input (text, audio) provided by the licensee. The solution also includes configuring the systems to meet the licensee's specific requirements, including setting up accounts and integrating the software with the licensee's existing infrastructure.

2.2 In accordance with the intended use of Allmedia AI, this contract requires that the licensee acts for entrepreneurial purposes. When concluding this contract and using Allmedia AI, the licensee agrees not to act as a consumer within the meaning of the Consumer Protection Act, but for entrepreneurial purposes.

3. License granting and restrictions

Allmedia.ai grants the licensee a non-exclusive, non-transferable license to use the software. The license allows the licensee to use the software during the contract period in accordance with the terms set out in the contract. The rights of use are limited to the purpose and scope described in the contract.
The licensee may not sublicense, rent, lend or otherwise make the software available to third parties. Furthermore, the right to use the software and the configuration settings of the AI tools expires at the end of the contract. In the event of unlawful continued use, an appropriate usage fee will be owed.
The prerequisites for use are a modern Internet connection and the provision of the necessary licenses and AI energy capacities by the licensee. The licensor is not liable for usage restrictions due to the licensee's lack of system resources.

4. Services provided by the licensor

4.1 Setting up and configuring the software
The licensor undertakes to set up and configure the software according to the specific requirements of the licensee (module selection). The scope depends on the starter package module selected by the licensee. This ranges from self-configuration to adaptation to the licensee's individual writing style and tonality as well as the integration of relevant company information.
In this step, a comprehensive setup is carried out that is tailored to the needs and goals of the licensee to ensure optimal use of the software.

4.2 Deploying and setting up AI systems

The licensor provides various AI tools that are used to create and publish content. The software provides access to various leading language models (LLMs), including OpenAI ChatGPT (also available as an on-premise version on the Azure cloud), Google Gemini, Mistral, and Llama. The licensor is responsible for selecting a suitable model.
To use the AI tools, the licensor sets up the necessary customer accounts on platforms such as make.com or ChatGPT and supports the licensee with the implementation.

4.3 Text and audio based content creation

The licensor enables the licensee to generate editorial content based on textual input, website URLs, or audio input. The content is created based on original input from the licensee and supported by AI technology.
For the transcription of audio content, the licensor provides an audio processing tool such as Whisper or the like, which converts spoken content into text form. Optionally, another tool can also be used, although the quality of the transcription may vary.

4.4 Editing and publishing aids

The generated content is made available in an editable form so that the licensee can further edit and adapt it before publishing. The licensee can also supplement image material, either with AI-support or with his own image material.
The licensee has the option to independently determine the date of publication and the target platforms. The software supports popular platforms such as LinkedIn, Facebook, Instagram and X (formerly Twitter). It is also possible to integrate your own systems such as blogs, websites or newsletter platforms.
The licensor recommends that all generated content be checked before publication to ensure compliance with legal requirements (in particular GDPR) and quality standards.

4.5 Helping you comply with data protection requirements

The licensor supports the licensee to a limited extent in complying with data protection guidelines (GDPR), in particular with regard to the processing of data using AI tools such as Whisper and OpenAI ChatGPT.
The licensee is responsible for concluding the necessary data processing agreements with the providers of these tools, with the licensor providing appropriate information as required.

4.6. During the term of the contract, the licensor ensures the functionality and availability of Allmedia AI using appropriate means. He is entitled to further develop Allmedia AI and adapt it to changing legal circumstances or to improve IT security.

4.7. storage space

As part of the use of Allmedia AI, the licensor provides the licensee with free storage space on the servers of its service providers, which are automatically deleted no later than 30 days after the end of the contract. The licensee can download his data and generated posts at any time and thus save them himself, so that he himself is responsible for archiving his data.

4.8. Service level:

The licensor undertakes, after appropriate knowledge, to rectify serious faults in its main functions within its sphere of influence within a reasonable period of time (usually within 24 hours — calculated on working days between 09:00 and 18:00). Other faults are usually resolved within 48 hours. The licensee must be informed of the duration of the disruption.

5. Prices and payment terms

5.1. The licensee undertakes to pay the prices set out in the contract under (module selection) immediately, unless there is a special written agreement. These consist of a fixed price for the initial configuration and ongoing license costs, which depend on the number of users and the amount of AI energy consumed. If the specified usage limit for AI energy is permanently exceeded, prices will be adjusted in accordance with the fair use principle of the operators of the respective AI tools.

5.2. The term “CONTRIBUTION IDEA” means generating a contribution for a channel. (e.g. Post generation for 4 channels = 4 post ideas).

5.3. Payments must be made in accordance with the payment terms set out in the contract (module selection). All prices are net amounts and include sales tax

5.4. The licensor is entitled to adjust current payments in accordance with changes in the Austrian Consumer Price Index (most recently VPI2020). The adjustment is made once a year. The starting point is the index figure announced in the month of contract signing (- amendment).

6. lack of law, abuse

6.1. The licensor guarantees that the Allmedi AI software does not infringe the rights of third parties. The licensee will immediately forward any information to the contrary to the licensor.

6.2. The licensor reserves the right to suspend access to the software if payments are not made, the agreed usage volume is exceeded, or the licensee misuses the Allmedia AI services (prohibited by law, interfering with the rights of third parties or morally reprehensible). In the latter case, the licensee must indemnify and indemnify the licensor against any claims made by third parties.

7. Software availability and maintenance

The availability of the software depends on the availability of the AI tools used. The licensor is committed to providing a reliable service, but cannot be held liable for outages or performance limitations caused by changes to AI tools or external factors. In the event of functional restrictions, the licensor will restore the range of functions within a reasonable period of time. The licensor is entitled to exchange AI tools if necessary.

8. Contract duration and termination

8.1. The contract is concluded for a minimum contract period specified in the contract (module selection) After expiry of this period, the contract can be terminated by both parties subject to the agreed period of notice (module selection). Upon termination of the contract, the licensee's right to use the software and the configuration settings of the AI tools and to use the storage space expires.

8.2. The licensor reserves the right to terminate the contractual relationship extraordinarily if the licensee violates essential contractual terms.

8.3. Within 30 days after termination of the contract, the licensee may request the licensor to download his data for an appropriate fee.

9. Privacy and data security

9.1. The licensor undertakes to comply with applicable data protection laws, in particular the GDPR. The licensee is responsible for obtaining consent to the processing of personal or other sensitive data and concluding agreements with the providers of the AI tools (e.g. Whisper and OpenAI).

9.2. The licensee's personal data is only collected to the extent necessary to fulfill the contract. After termination of the contract, this data will be deleted within a reasonable period of time (no later than 6 months).
9.3. The licensor assumes no liability for breaches of data protection laws by the licensee. Should the licensee use personal or sensitive data in the context of generating contributions, he himself is responsible for the admissibility of using and publishing this data, as if he were publishing the contributions themselves in the channels.

10. Liability and disclaimers

10.1. The licensor assumes no liability for the content created or published by the software. The licensor does not guarantee the achievement of certain successes, such as reach or lead conversion.

10.2. The licensee is solely responsible for the content and its legal compliance, including compliance with copyright and other legal requirements.

10.3. The contracting parties are fully liable to each other in the event of intent, gross negligence and culpable injury to life, body or health. Liability for slight negligence, however, only exists in the event of a breach of essential contractual obligations (purpose of the contract).

11. Final provisions

The applicable law is Austrian law, excluding the UN sales law and any referral standards. The place of jurisdiction is either the competent court at the seat of the licensor or in Linz.
Amendments and additions to the contract must be made in writing. Should individual provisions of the contract be ineffective, the rest of the contract remains effective. The invalid provision should be replaced by a valid provision that comes as close as possible to the content of the inadmissible provision.

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