General terms and conditions
The rules of the engagement.
These terms apply to services of Digital Wings GmbH under the agenticsearch.at brand, provided to businesses. Deviations agreed in a quote take precedence.
Scope and formation
When a contract comes about.
These terms apply to all contracts between Digital Wings GmbH and its clients for services under the agenticsearch.at brand. They address businesses within the meaning of the Austrian Commercial Code.
A contract comes about through written acceptance of a quote issued by us. Unless stated otherwise, quotes are valid for 30 days.
Differing terms of the client apply only if we agree to them in writing. Side agreements require written form, for which email suffices.
Scope of services
What is owed and what is not.
The scope follows from the quote. What is owed is the careful performance of the agreed services, not a particular result inside third-party systems.
In particular we owe no mention, placement or link in any AI system, search engine or answer service. Those systems are operated by third parties, change constantly and cannot be steered from outside. A promise to the contrary could not be kept.
Measurement results reflect the state at the time of the run. They are snapshots rather than forecasts.
We may engage suitable third parties to deliver and remain responsible for them.
Cooperation
What we need from you.
Clients provide the necessary information, content and access in good time and name a contact authorised to decide.
If sign-offs or deliveries are delayed, agreed dates shift accordingly. Additional effort arising from that is charged by time and announced in advance.
Clients confirm that the content they supply is free of third-party rights and that its use infringes no rights.
Prices and payment
Fees, due dates and additional effort.
The prices stated in the quote apply, plus VAT. Projects are invoiced in instalments against progress, ongoing support monthly.
Invoices fall due within 14 days without deduction. Statutory rules apply in case of default.
Additional effort beyond the agreed scope is agreed before it is carried out. Without that agreement no claim to additional fees arises.
Rights and data
Who owns what.
On full payment clients receive the right to use the work results for the agreed purposes without limitation in time or territory.
Raw data, prompt sets and reports from measurements belong to the client and are handed over in open formats, including when the engagement ends.
We retain our rights in tools, methods, templates and reusable components. Clients may use them as part of the results but may not exploit them independently.
Naming as a reference happens only with explicit consent, which can be withdrawn at any time.
Term and liability
Termination, liability and final provisions.
Projects end when the agreed scope is delivered. Ongoing services can be terminated with the notice period agreed in the quote, and absent an agreement with one month to the end of a month. The right to terminate for cause remains unaffected.
We are liable for intent and gross negligence. For slight negligence we are liable only for breach of material contractual duties and limited in amount to the value of the engagement. Liability for lost profit and consequential damage is excluded as far as legally permitted.
Both sides treat the other's confidential information as confidential, including beyond the end of the engagement.
Austrian law applies, excluding its conflict of law rules. The place of jurisdiction is the court with subject-matter competence for 3710 Ziersdorf. Should a provision be invalid, the remainder stays in force.