Terms & Conditions
Last updated: January 2025
1. Scope
These Terms and Conditions govern all business relationships between Aitive Technologies GmbH ("we", "us", "our") and our clients. By engaging our services, you agree to these terms.
2. Services
We provide technical consulting services including but not limited to:
- Software architecture consulting
- AI strategy and implementation
- Technical leadership and advisory
- Performance engineering
- Custom software development
The specific scope of services will be defined in individual project agreements or statements of work.
3. Engagement Process
All engagements begin with an initial consultation to understand your needs. Following this, we provide a proposal outlining scope, timeline, and pricing. Work commences upon written acceptance of the proposal.
4. Fees and Payment
Our fees are specified in individual project agreements. Unless otherwise agreed:
- Consulting services are billed on a time and materials basis
- Invoices are issued monthly or upon project milestones
- Payment terms are 14 days from invoice date
- All fees are exclusive of VAT, which will be added where applicable
5. Intellectual Property
5.1 Client Materials
You retain all rights to materials you provide to us. You grant us a limited license to use such materials solely for providing our services.
5.2 Work Product
Unless otherwise agreed in writing, upon full payment:
- Custom code and deliverables created specifically for you become your property
- We retain rights to general methodologies, tools, and know-how
- Pre-existing intellectual property remains with its original owner
6. Confidentiality
We maintain strict confidentiality regarding all client information. We will not disclose your confidential information to third parties without your consent, except as required by law.
7. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws including the GDPR.
8. Warranties and Liability
8.1 Service Quality
We perform our services with professional care and skill. We do not guarantee specific outcomes or results, as software development involves inherent uncertainties.
8.2 Limitation of Liability
To the maximum extent permitted by law:
- Our liability is limited to the fees paid for the specific services giving rise to the claim
- We are not liable for indirect, consequential, or incidental damages
- We are not liable for damages arising from your misuse of deliverables
8.3 Exclusions
Nothing in these terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded by law.
9. Termination
Either party may terminate an engagement:
- With 30 days written notice
- Immediately if the other party materially breaches these terms
Upon termination, you pay for all services rendered up to the termination date, and we deliver all completed work product.
10. Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, war, government actions, or infrastructure failures.
11. Governing Law
These terms are governed by Austrian law. Any disputes shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria.
12. Modifications
We may update these terms from time to time. Material changes will be communicated to active clients. Continued engagement after changes constitutes acceptance.
13. Severability
If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
14. Entire Agreement
These terms, together with any project-specific agreements, constitute the entire agreement between the parties regarding our services.
15. Contact
For questions about these terms, please contact us: