# Terms of Service > The general terms and conditions of Waterglass FlexCo for IT and AI services (business customers, Europe). Canonical: https://www.waterglass.ai/en/terms/ Language: English (Deutsch: https://www.waterglass.ai/de/agb.md) Company: Waterglass FlexCo, Börseplatz 1/3/6, 1010 Vienna, Austria · hi@waterglass.ai Updated: July 2025 ## For customers of Waterglass FlexCo (Europe) These General Terms and Conditions apply to business relationships between the Austrian entity Waterglass FlexCo and business customers in the context of IT services, particularly AI-based solutions, software development, and business consulting. ## § 1 Scope and Contracting Parties These General Terms and Conditions apply exclusively to business relationships between the Austrian entity Waterglass FlexCo (hereinafter "Contractor") and business customers (hereinafter "Client") in the context of IT services, particularly AI-based solutions, software development, and business consulting, unless other conditions have been agreed between the parties. Contracting Party: Waterglass FlexCo (Vienna, Austria). Email: [hi@waterglass.ai](mailto:hi@waterglass.ai). ## § 2 Contract Formation Our offers are non-binding and subject to change. The contract is concluded through written order confirmation or through the commencement of service provision. Contract modifications require written form; oral side agreements are invalid. ## § 3 Scope of Services Services include IT services, particularly the development and implementation of AI solutions, software development and customization, business consulting and strategy development, as well as maintenance and support. The specific scope is defined in the respective project description or quotation. For AI-based services, all AI interactions are marked as such. AI systems may deliver incomplete, inaccurate, or biased results. The Client must review and independently evaluate AI-generated content. ## § 4 Client's Cooperation Obligations The Client must provide all necessary information and documents in good time, designate contact persons and ensure their availability, make necessary approvals and decisions promptly, and carry out test phases and acceptances on schedule. In case of delays due to lack of cooperation, we may charge additional costs based on effort, reschedule deadlines, and, in case of significant delays, withdraw from the contract. ## § 5 Prices and Payment Terms Prices are individually agreed upon and are net plus statutory VAT. Invoices are to be paid within 14 days of receipt without deduction. In case of payment default, default interest of 9.2 percentage points above the ECB base rate is charged. We are entitled to demand advance payments or security deposits. Additional costs arising from change requests, lack of cooperation, or subsequent requirements are billed separately. ## § 6 Delivery and Performance Time Delivery dates are only binding if they have been expressly designated as binding in writing. In case of unforeseeable events such as force majeure, strikes, operational disruptions, or official measures, delivery times are extended appropriately. ## § 7 Copyright and Retention of Title All works created by us, such as software, designs, concepts, and documentation, are subject to copyright and remain our intellectual property unless other agreements have been made. All works remain the property of Waterglass FlexCo until full payment of all claims. The Client receives the agreed usage rights only after complete settlement of all invoices. Until full payment, any use, publication, or distribution without our express written consent is prohibited. In case of payment default or non-payment, we are entitled to refuse the release or activation of works, to block works already transferred, to deactivate hosting, domains, or access, and to withhold source code and documentation. Rights not expressly transferred remain with us. Where third-party software is used, its license terms apply. ## § 8 Warranty The warranty period is 12 months from acceptance or delivery. Defects must be reported in writing immediately upon discovery (§ 377 of the Austrian Commercial Code). In case of defects, we have the right to subsequent performance through repair or replacement at our discretion. Warranty is excluded for improper use or operation, unauthorized changes by the Client, normal wear and tear, and the use of operating environments that were not agreed. ## § 9 General Liability Our liability is limited as follows: in case of slight negligence, we are only liable for damages arising from the breach of essential contractual obligations. Liability for indirect damages, consequential damages, lost profits, and data loss is excluded. Our total liability is limited to the order value, but to a maximum of €10,000 per damage event. Excluded is liability for intent and gross negligence of our vicarious agents, personal injury, damages under the Product Liability Act, and damages subject to mandatory statutory liability. ## § 10 Special Liability for AI Services Additional liability exclusions apply to AI-based services: AI-generated content may be inaccurate, incomplete, or misleading. We assume no warranty for the accuracy of AI-generated information. AI systems may deliver biased or discriminatory results. No liability is assumed for copyright infringements adopted through AI-generated content. AI decision-making processes are not always fully comprehensible due to their nature. AI systems evolve continuously and may deliver unexpected or unsuitable results. The Client is responsible for independently reviewing AI-generated content, making their own decisions, obtaining legal and professional advice, and not adopting AI results unreflectively. ## § 11 IT-Specific Liability Exclusions We assume no liability for hacker attacks, malware, or other cyber threats on systems operated by the Client, data losses through third-party services or cloud providers, security vulnerabilities in third-party software or open-source components, and damages due to insufficient IT security measures at the Client. Excluded is liability for failures or changes to third-party APIs such as Google, Meta, or OpenAI, functional changes or discontinuation of external services, license fees or cost increases from third parties, and compatibility issues due to updates of third-party systems. There is no liability for internet failures or disruptions, hosting provider failures or server problems, domain or SSL certificate issues, email delivery problems or spam filters, display problems in outdated browsers (older than 2 years), functional limitations on untested devices, and performance differences between various hardware configurations. There is no guarantee for compliance with industry-specific regulations (unless explicitly agreed), compliance with changing laws after project completion, the legality of customer data or content, and accessibility according to WCAG standards (unless explicitly commissioned). Excluded is liability for Google ranking changes or algorithm updates, social media reach or engagement rates, conversion rates or marketing ROI, and search engine penalties or exclusions. ## § 12 Force Majeure and Unforeseeable Events We are released from our performance obligations in case of natural disasters, pandemics, official orders, strikes, lockouts, labor disputes, war, terrorism, political unrest, and cyber attacks on critical infrastructure. Release from performance obligations also applies in case of large-scale internet or power outages, the failure of core infrastructure such as AWS, Google Cloud, or Microsoft Azure, massive DDoS attacks on the internet backbone, and official blocking of critical online services. In case of fundamental changes to the GDPR or other data protection laws, new EU regulations on AI or digital services, significant changes to copyright provisions, and platform policy changes with legal implications, we reserve the right to adjust the contract. ## § 13 Data Protection We process personal data exclusively in accordance with the provisions of the GDPR and the Austrian Data Protection Act. When processing personal data on behalf of the Client, we conclude a separate Data Processing Agreement (DPA). When providing AI services, data is pseudonymized and encrypted as far as possible and in consultation with the Client. We ensure data subject rights according to the GDPR and conduct a data protection impact assessment for high-risk processing. ## § 14 Confidentiality Both parties undertake not to disclose confidential information to third parties and to use it only for the fulfillment of the contract. The confidentiality obligation continues for 24 months after the end of the contract. ## § 15 Termination and Project Cancellation Continuing obligations can be terminated with one month's notice to the end of the month. The right to extraordinary termination for good cause remains unaffected. Upon termination, services already rendered are invoiced and work results handed over against payment. In case of project cancellation by the Client, all services rendered up to the time of cancellation are fully compensated. In addition, 50% of the outstanding contract sum must be paid as cancellation compensation. Licenses or services already procured are charged to the Client. The Client retains rights only to fully paid services. ## § 16 Final Provisions Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Vienna, Austria. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. Changes to these General Terms and Conditions are communicated to the Client in good time and are deemed approved if not objected to within 2 weeks.