General terms and conditions

1. General

1.1 Contracting party

This contract is concluded with Mario Deubler, Schödlbergergasse 16/53, 1220 Vienna, Austria, VAT ID ATU82976923, referred to below as “kiimu”. It governs the provision of the kiimu software as software as a service and the performance of related services.

1.2 Subject matter of the service

kiimu is a workspace in which the customer’s employees describe tasks in natural language and have an AI agent carry them out. The service includes in particular the execution of such tasks with visible work steps, saving recurring tasks as an agent, granting permissions per tool, storage for documents and results and the connection to the customer’s services. The functionality owed in each case is set out in the service description and the booked tier.

1.3 Software as a service

kiimu operates as software as a service. Infrastructure and storage region for the engagement are specified in the agreed service description. Further recipients, processing locations and any third-country transfers, particularly for inference, sign-in and connected services, are described in the DPA and applicable privacy information. The customer is responsible for devices, browsers and internet connectivity. Hosted service does not include permanent delivery of the software; section 15 remains applicable.

2. Applicability

2.1 Businesses only

The service and all services provided by kiimu are intended exclusively for businesses. The customer warrants that it concludes the contract in the course of its commercial or independent professional activity, as a business within the meaning of § 1 KSchG (Austrian Consumer Protection Act) or of the applicable national law, and not as a consumer. Contracts with consumers are excluded.

2.2 Contract documents

The accepted offer, the dated/versioned service description, any expressly incorporated price list and the version of these terms supplied before conclusion form the contract. kiimu makes them available for storage and reproduction. Publishing later versions does not automatically incorporate them; changes follow section 2.3.

Where kiimu processes personal data on the customer’s behalf, the parties conclude a GDPR Article 28 agreement before processing, with specifically completed annexes for processing, safeguards, subprocessors and retention. It takes priority on data-protection matters. Individual acknowledgement of the beta notice does not replace conclusion.

2.3 Future changes

Changes to these terms, the agreed scope or fees require express agreement in text form. Silence or continued use alone is not acceptance. Existing limited technical change rights, beta section 18.2 and mandatory law remain applicable. New versions do not apply retroactively.

2.4 Form of additional agreements

Additional agreements require written form or text form to be valid, which may also be electronic. This also applies to any departure from this form requirement.

2.5 The customer’s terms

General terms and conditions or other legally operative texts of the customer only become effective, even if kiimu is aware of them, if kiimu expressly accepts them and refers to these texts by name. Otherwise, kiimu expressly objects to their inclusion. The mere acceptance of the customer’s content requirements does not constitute acceptance of its legal texts.

2.6 Conflicts

Individually agreed deviations take priority. Otherwise the order/offer, service description, expressly incorporated price list and these terms apply in that order. The DPA takes priority on data-protection matters. Mandatory privacy, return and switching rights remain unaffected.

2.7 Invalidity

Invalidity of an individual provision leaves the rest of the contract effective where legally permitted. Statutory provisions replace invalid clauses. No automatic substitution with an economically similar restriction is agreed.

3. Formation of the contract

3.1 Offers

kiimu’s offers, whether individual or in the form of price lists, order processes or presentations on the website, are subject to change and non-binding.

3.2 The customer’s commitment

If the customer places an order, it is bound by it for two weeks from its receipt by kiimu.

3.3 Acceptance

The contract only comes into existence when kiimu accepts the order. Acceptance takes place in writing or in text form, for example by order confirmation or email, or by kiimu acting on the basis of the order in a way the customer can recognize, in particular by activating access. The mere confirmation that an order has been received does not constitute acceptance.

3.4 Information provided by the customer

Before the service is provided, the following must be stated or will be collected: registered company name, legal form, address, VAT ID, name and contact details of the persons authorized to represent the customer and of the persons responsible for operations, billing and payment details and the data required to set up user access. All information must be truthful; kiimu may request corresponding proof.

3.5 Receipt of declarations

Receipt of declarations follows statutory rules. Parties use the order’s contact addresses and promptly notify changes. Sending confirmation alone does not prove receipt. Agreed support times use Vienna local time, including daylight saving; they do not change statutory receipt or notification rules.

4. Scope of services

4.1 Place of performance

The place of performance is kiimu’s registered office in Vienna.

4.2 Scope

The accepted offer and incorporated service description define the service owed, including operation mode, functions, limits, enabled integrations, export and termination. General website/presentation statements enter the contract only if expressly incorporated. Individual order changes require agreement; statutory rights remain.

4.3 Professional performance

Unless the service description provides otherwise, kiimu owes professional performance according to the standard at the time the offer was made. Within the service description, kiimu is free to choose the design where several professionally sound ways of performing the services exist.

4.4 Further development and interchangeable services

The service is continuously developed further, both technically and in terms of content. kiimu is entitled to introduce new functions, to change or discontinue existing ones and to replace services with equivalent ones, provided this is consistent with the objectives of the order, serves technical development or is required for legal or regulatory reasons, and the essential core functions are not impaired. The customer is informed of material changes or discontinuations at the earliest possible time; Section 2.3 remains unaffected.

4.5 Models used and third-party inputs

kiimu may use the infrastructure and models described in the contractual documents. The service description identifies the model access; the DPA governs authorised chains, locations and subprocessors, including routers and downstream providers. Equivalent model changes must comply with section 4.4 and the DPA’s information, authorisation and transfer rules. A general technical change right does not replace them.

4.6 Services connected by the customer

The customer chooses its directly selected/contracted external services and supplied accounts/content and is responsible for their lawful use within its sphere. kiimu remains responsible for its own integration and processing under agreed instructions. Its subprocessors are subject to the DPA and statutory duties. A connection does not authorise transmission beyond agreed purposes/permissions.

4.7 Partial services, dates and deadlines

Where services are divisible, kiimu is entitled to provide partial services. Dates and deadlines stated by kiimu are non-binding unless they are expressly designated as binding.

4.8 Unforeseeable events

Unforeseeable or unavoidable events (in particular default by the customer and delays at kiimu or its contractors that kiimu could neither foresee nor avoid) extend deadlines and postpone dates by their duration plus the duration of the necessary organizational measures. kiimu informs the customer of this in text form.

4.9 Use as a reference

Subject to revocation in text form at any time, kiimu is entitled to use the customer’s name and logo and a general project description as a reference, and no fee is owed for this. If the customer is subject to a statutory professional duty of confidentiality, any use as a reference requires its prior express consent in text form. Content from the customer’s workspace is never used as a reference.

5. Cooperation by the customer

5.1 Duty to cooperate

The customer must, without delay and without being asked, give kiimu all information and provide all contributions required for the performance of the services. This includes in particular naming a contact person, providing the necessary documents and access, coordinating order details and approving partial services. The customer must itself check the information it provides for suitability, correctness and lawfulness and must meet the system requirements.

5.2 Access credentials

The customer must keep its users’ access credentials secret, protect them from access by third parties and report any suspicion of misuse to kiimu without delay. It is responsible for revoking the access of employees who have left and for limiting the permissions of its agents to what is necessary.

5.3 Consequences of failure to cooperate

The customer is liable for damage and additional effort resulting from deficient, late or omitted cooperation. If kiimu therefore cannot provide the services as agreed, kiimu is entitled, without prejudice to other rights, to interrupt performance, to give priority to other orders and to resume only once they are completed; all dates and deadlines are postponed accordingly.

5.4 Third-party rights

The customer is responsible for supplied content and necessary rights within its sphere. If it culpably breaches these duties and a third party validly claims against kiimu as a result, it reimburses necessary, reasonable costs/damage to the extent of its legal responsibility, accounting for kiimu’s contributory fault. kiimu promptly informs the customer, enables reasonable participation in defence and does not acknowledge claims at its expense without consultation unless mandatory duties or urgent measures require it. Specific indications of infringement permit proportionate blocking of affected content with notice of reasons/scope. kiimu’s own duties and statutory rights remain.

5.5 Extent of the duty to review

kiimu must provide the services in such a way that they are not unlawful in themselves. However, kiimu has no obligation to review the results for infringements of third-party rights or for infringements arising from the use the customer intends. The customer must carry out these reviews itself or have them carried out, in particular with regard to competition law, trademark law, copyright, personality rights and data protection law.

6. Rights in the services

6.1 kiimu’s rights

All rights to the software and to the services provided by kiimu belong to kiimu or its licensors. For the term of the contract and after full payment of the agreed fee, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the service within its own company as intended.

6.2 The customer’s data and results

kiimu acquires no rights to the data the customer brings into the service or to the results produced with it. They remain attributed to the customer. kiimu processes them exclusively to provide the contractual services and in accordance with the data processing agreement. This data is not used to train models.

6.3 Suggestions

Insofar as the customer’s suggestions are incorporated into the further development of the service, the customer thereby transfers the associated rights to kiimu comprehensively but non-exclusively, so that the result can be made available to all customers. Section 6.2 remains unaffected.

6.4 Third-party rights and open source

The customer acknowledges that the services build on works and services of third parties with different license terms, and must comply with these terms. Where kiimu uses components whose open-source license terms require the disclosure of parts built directly on them, kiimu is entitled to publish exclusively those parts. A publication never extends to the customer’s data, content, configurations, instructions, trade secrets or personal data.

7. Permitted use

7.1 Intended use

The service may only be used for purposes that fall within ordinary business activity and comply with applicable law. In particular, it is prohibited to give unauthorized third parties access, to use the service for unlawful purposes, to send unsolicited advertising or to take actions that disrupt the operation of the service or the underlying infrastructure.

7.2 Users and tiers

Where the fee is calculated per person, one user access must be purchased for each natural person who uses the service. Several persons may not share one user access.

7.3 Monitoring

kiimu is entitled to monitor compliance with the terms of use by technical means. Only the metadata required for this purpose is processed, in particular user IDs and login and access logs. Passwords and content data (in particular documents, conversation content, instructions and results) are not processed for this purpose. To this extent, kiimu carries out the processing as controller in its own right, based on its legitimate interest in monitoring misuse (Art. 6(1)(f) GDPR), and separately from the processing on behalf of the customer.

8. Use of AI

8.1 Results must be checked

The service produces results with the help of language models. Such results may be incomplete or incorrect. Before using the results, in particular before passing them on to third parties or making a decision based on them, the customer must check them for correctness and suitability. kiimu owes the professional provision of the service under Section 4.3. It does not owe the correctness of the content of individual results.

8.2 No decisions based solely on automated processing

The service is not intended to make decisions based solely on automated processing that produce legal effects concerning data subjects or similarly significantly affect them (Art. 22 GDPR). If the customer nevertheless uses the service in this way, it is responsible, as controller, for meeting the requirements of Art. 22 GDPR, in particular for ensuring a permissible legal basis and providing for an appropriate degree of human intervention.

8.3 Responsibility for instructions and permissions

The customer is responsible for the instructions it gives, the saved agents, the permissions granted and the content produced or sent as a result. This applies in particular to agents that are permitted to send messages or to access connected services. The customer indemnifies and holds kiimu harmless against third-party claims resulting from such content for which the customer is responsible. kiimu’s liability under Section 17 remains unaffected.

8.4 Roles under the AI Act

kiimu is the provider and the customer is the deployer of the AI system within the meaning of Regulation (EU) 2024/1689 (AI Act). kiimu provides the service in such a way that natural persons who interact with an AI system can be informed of this, unless this is already obvious from the circumstances (Art. 50(1) AI Act). The customer is responsible for giving the notices required under Art. 50 AI Act to the persons it reaches. The respective supervisory and product-related obligations of provider and deployer remain unaffected.

8.5 Sensitive data and regulated professions

The customer decides which information it brings into the service and must provide for suitable security measures in sensitive processes. If the customer uses the service in an area subject to special confidentiality obligations (for example as a lawyer, doctor or tax advisor), it is itself responsible for checking and ensuring that the use is permissible under the professional and criminal law provisions that apply to it. kiimu obliges the persons who handle the data to maintain confidentiality.

9. Availability

9.1 Committed availability

For the service booked against payment, kiimu owes an availability of 99%, based on the calendar year.

9.2 Permitted unavailability

Planned maintenance announced in text form at least five working days in advance counts as permitted unavailability; its total duration may not exceed four hours per calendar month. Outages caused by events beyond kiimu’s reasonable control are also permitted, in particular force majeure, official measures, natural disasters and industrial action, as are outages of infrastructure provided or connected by the customer and general disruptions of the public internet. Outages of service providers that kiimu uses to provide the core functions (in particular hosting and model providers) do not count as permitted unavailability to the extent that kiimu is responsible for their selection or control.

9.3 Calculation and credit

The calculation is based on the total time minus the permitted unavailability. If the actual availability falls below the committed availability, the customer may request a credit of twice the percentage of the shortfall, which is deducted from the monthly base fee. The claim must be asserted in text form within 60 days of the shortfall becoming known, failing which it lapses. Any other use of the credit is excluded.

9.4 Extraordinary maintenance

In urgent cases (in particular to fix errors or to fend off acutely threatening attacks), interventions are also permitted without prior notice.

10. Support and maintenance

10.1 Scope

The scope of support depends on the booked tier. It does not include training, meaning more extensive or recurring explanations due to gaps in knowledge, or individual consulting; both can be commissioned separately. No support is provided for third-party services connected by the customer.

10.2 Contact and hours

Support hours are Monday–Friday, 09:00–17:00 Vienna local time, excluding Austrian public holidays. During expressly agreed beta, section 18’s special rules on the absence of fixed response times apply.

10.3 Error classes

Class 1: The service cannot be used, or its use is unreasonably restricted. Class 2: Use for the intended purpose is seriously restricted, but continued use is possible. Class 3: Use for the intended purpose is slightly restricted. Class 4: The error has no or only an insignificant effect on functionality and security.

10.4 Reporting and response time

Errors must be reported to kiimu in text form without delay. The report must contain a comprehensible description, the time of occurrence, the affected functions and, where possible, a screen capture. Based on the service hours, the following count as reasonable response times until error correction begins: 24 hours for class 1, 72 hours for class 2, four weeks for class 3 and eight weeks for class 4. Errors are corrected with resources appropriate to the error class, and the work continues without unnecessary delay.

11. Data protection

11.1 Processing on behalf of the customer

Customer personal data is processed solely under the DPA concluded before processing and documented instructions, including free beta operation. Beta rules do not restrict required safeguards, notification, assistance, return or deletion duties.

11.2 The customer’s obligations

As controller, the customer is responsible for informing the data subjects under Art. 13 and 14 GDPR, including notices about the use of artificial intelligence, the processors used, any transfers to third countries and the storage period. It ensures that a legal basis exists for the data it brings in.

11.3 Processing as controller

kiimu is itself the controller for the processing of master data and billing data and for the misuse monitoring under Section 7.3. The privacy policy sets out the details.

12. Fees

12.1 Prices

The prices in the price list or offer in force at the time apply. All prices are in euros plus VAT. Unless otherwise agreed, the fee is charged in advance per person and billing period.

12.2 Included usage

The usage included in the fee is set out in the price list or offer in force at the time. If demand is permanently higher, kiimu informs the customer. An increased quota or an additional fee only applies after a separate agreement.

12.3 Credit balance

Where services are billed via a credit balance (credits), the balance must be used within 24 months of purchase. Unused credit expires without compensation after this period. Payouts are excluded.

12.4 Additional and partial services

Services not expressly covered by the agreed fee, in particular additional services agreed later, are charged separately. kiimu is entitled to invoice partial services.

12.5 Price adjustment

For contracts of indefinite duration and contracts with automatic renewal, kiimu is entitled to adjust the fee appropriately once a year, taking the consumer price index into account. In addition, an appropriate adjustment is permitted if the costs of the services increase by more than 3% for reasons kiimu cannot influence; the cost increase must be proven and the lack of influence must be credibly shown. Any adjustment is announced in text form at least one month in advance; the customer has a special right of termination as of the date it takes effect.

12.6 Withdrawal by the customer

If the customer withdraws wholly or partly from a separately commissioned project without grossly negligent or intentional fault on kiimu’s part, kiimu is nevertheless entitled to the agreed fee; kiimu must allow savings from third-party purchases not yet made to be deducted. The same applies if kiimu withdraws for good cause within the customer’s sphere. The right of termination under Section 14 remains unaffected.

13. Payment

13.1 Due date

Invoices are due for payment without deduction within 14 days of receipt. For contracts concluded via the website, the fee is payable when the order is placed. Payment is made using the payment methods kiimu offers; cash payment is excluded.

13.2 Advance payment

kiimu is entitled to request advance payment in the amount of the services to be provided next from new customers, where there are signs of financial difficulties and after previous payment default.

13.3 Set-off and retention

Set-off is permitted for undisputed or finally adjudicated claims and claims under the same contractual relationship. Statutory retention rights remain. Payment disputes do not remove return/switching rights under section 14.3.

13.4 Late payment

In the event of late payment, the statutory default interest applicable between businesses is payable. The customer must bear the costs necessary for the appropriate enforcement of claims.

13.5 Continued default

After an unsuccessful reminder setting a grace period of at least 14 days, kiimu is entitled to block access to the service until payment is made in full. After a further unsuccessful reminder with a new grace period of at least 14 days, kiimu is entitled to terminate the contract for good cause. The block is announced at least seven days in advance; Section 14.3 (data export) also applies in this case.

14. Term and termination

14.1 Term and notice of termination

Unless otherwise agreed, contracts are concluded for an indefinite period and can be terminated by either party in text form with one month’s notice to the end of the respective billing period. If a fixed term with automatic renewal has been agreed, the contract is renewed by the agreed period each time unless it is terminated with the agreed notice period, or one month if none is agreed, to the end of the respective term.

14.2 Termination for good cause

Both parties reserve the right to terminate for good cause. For kiimu, good cause exists in particular in the event of serious breaches of Section 7, if access is made available to unauthorized third parties, if the service is used for unlawful purposes, if operations are disrupted and in the event of continued payment default under Section 13.5.

14.3 Data export after the end of the contract

14.3.1 Request and choice. The customer may request transfer of exportable data/digital assets to another provider or its own infrastructure, or deletion at termination, in text form to hallo@kiimu.at. kiimu verifies instruction/recipient authority and confirms process, dates and known limits in text. Membership alone does not authorise receipt of all personal content.

14.3.2 Delivery and retrieval. kiimu supplies the data specified in the service description, including customer metadata, in documented common machine-readable formats through secure transfer. Assisted export with a time-limited download is permitted; no special in-app export login is owed. Delivery occurs without undue delay. On ordinary termination retrieval remains available for at least 30 calendar days from termination; if complete export is supplied later, the 30 days begin on evidenced delivery and notification. For switching, retrieval starts no earlier than transition end. Longer mandatory periods prevail. Data is protected and not prematurely deleted; ordinary use ends subject to the following rules.

14.3.3 Switching. Where EU Regulation 2023/2854 Chapter VI applies, this paragraph takes priority. kiimu requires no more than one month’s notice from receipt of the switching request; shorter offer/section 18 periods remain. The subsequent transition lasts at most 30 calendar days. kiimu reasonably assists the customer and authorised third parties, supplies required information/applicable interfaces, assists exit planning and maintains contractually owed functions with reasonable care/security during transition. Known risks/limits are disclosed. The contract ends upon successful switching, confirmed by kiimu. Where only deletion is selected, it ends after the applicable notice period. This overrides conflicting renewal/termination rules.

If a 30-day transition is technically infeasible, kiimu notifies the customer within 14 working days of the request, with specific reasons and an alternative necessary transition of at most seven months. The customer may extend transition once for a period appropriate to its needs. Mandatory continuity/security requirements remain. Transition is followed by at least 30 additional days’ retrieval under 14.3.2.

14.3.4 Scope, exceptions and costs. The service description and format directory describe all exportable categories, formats, structures, relationships and specifically justified exclusions. Other customers’ data, credentials and protected internal components are excluded without frustrating/delaying customer-data transfer. Standard export and required switching assistance carry no additional switching fee. Extra consultancy/customisation requires a separate order and cannot condition required return. Identical execution by other models/software is not promised; mandatory interoperability duties remain.

14.3.5 Deletion and suspensions. After retrieval ends and, for switching, after successful completion, kiimu deletes affected data/copies under the agreed procedure unless lawful extension or statutory retention applies. For personal data, the customer’s DPA return/deletion choice is respected; lawful express earlier deletion remains possible. Account suspension or payment delay does not extinguish return/switching rights. Security suspensions require an appropriate alternative secure transfer route.

15. Self-hosting

Self-hosting is part of the contract only if expressly agreed. Software rights then follow the named licence or separate agreement. These terms do not generally promise an open-source licence.

Hosting, updates, backups, model access, support and any processing responsibilities are specified in the offer. Where the customer operates the software itself, kiimu owes no hosting, maintenance or availability service without separate agreement.

16. Confidentiality

16.1 Trade secrets

Each party may disclose trade secrets to the other. Trade secrets include in particular business ideas and strategies and the details of the contracts concluded; on kiimu’s side also the architecture, source code and security-relevant information about the service, and on the customer’s side the data it brings in and the results. The receiving party ensures confidentiality through appropriate technical and organizational measures and uses the information only to the agreed extent.

16.2 Duration and exceptions

These obligations apply for the duration of the contractual relationship and beyond, for as long as and to the extent that the information constitutes a trade secret. There is no unlawful disclosure where information must be disclosed under mandatory statutory provisions, by order of an authority or court or to uncover unlawful conduct, nor in the case of information that is generally known without breach of this agreement or was developed independently.

16.3 No non-solicitation restriction

No contractual non-solicitation restriction is agreed. Confidentiality and statutory duties remain.

17. Warranty and liability

17.1 Warranty

kiimu warrants that the service corresponds to the agreed service description during the term of the contract. Defects are remedied in accordance with Sections 9 and 10. The statutory warranty otherwise remains unaffected.

17.2 Notice of defects

The customer reports discovered defects reasonably promptly, describing the issue, timing and circumstances where reasonable, and enables necessary investigation/remedy. This creates no additional contractual eight-day claim exclusion. Statutory rights and any applicable statutory inspection/notification duties remain.

17.3 Standard of liability

kiimu has unlimited liability for intent and gross negligence. In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment the customer may regularly rely), kiimu is liable for the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

17.4 Maximum liability

Liability for slight negligence is limited in amount to the net fees paid by the customer in the twelve months before the event giving rise to the damage.

17.5 Mandatory liability

The limitations of liability do not apply to damage resulting from injury to life, body or health, to intent and gross negligence, to claims under the PHG (Austrian Product Liability Act) or to liability toward data subjects under Art. 82 GDPR; the internal recourse between the parties under Art. 82(5) GDPR remains unaffected.

17.6 Third-party services

kiimu is liable for failures of a customer-selected/supplied external service only to the extent required under section 17. Responsibility for its own selection, integration, security and other duties remains. Statutory attribution and the DPA apply to persons/subprocessors used to fulfil kiimu’s duties. Customer instruction does not generally exclude that responsibility.

17.7 Services free of charge

For additional services provided free of charge and without a separate order, kiimu is only liable for intent and gross negligence.

17.8 Availability

Liability for failure to meet the committed availability is limited to the credit under Section 9.3, unless it is based on intent or gross negligence.

17.9 Grace period

Where a statutory claim requires a cure period, the customer sets a period reasonable for the issue and urgency. There is no universal contractual minimum of fourteen days for all claims. Statutory exceptions, urgent privacy/security measures and termination for cause remain.

17.10 No protective effect for third parties

The contract creates no additional contractual performance claims for third parties. Mandatory statutory claims, particularly individual GDPR rights, are not restricted.

18. Beta and pilot operation

18.1 Scope

Beta, pilot, test operation and evaluation mean the same provisional mode before agreed regular operation, whether paid or free. Mode, period, scope and fees are expressly agreed in an offer/order before it begins; no separate pilot contract is required. A later label does not change an existing agreement.

The app additionally informs users at entry and through a persistent notice. This does not replace the company contract or required DPA and does not change agreed terms.

18.2 Beta conditions

During expressly agreed beta, section 9 and fixed response times under 10.4 do not apply; kiimu uses best efforts for availability and remedies. Material functions may change or end during evaluation. kiimu gives timely notice; material restriction allows the customer to end the affected service without extra termination charges and retrieve data under 14.3.

Beta is not a promised archive/backup system. Customers retain necessary originals independently. DPA safeguards/recovery measures and mandatory duties remain.

A planned reset deleting customer data requires at least five working days’ advance text notice identifying scope, timing and return. Deletion requires a specific documented instruction from an authorised customer representative and prior secure return, unless the customer lawfully expressly chooses deletion without return. A beta notice or silence is not that instruction. Existing retrieval/switching periods remain. Urgent legally required security measures remain permissible, documented and promptly notified.

18.3 Fault diagnosis

Specially authorised personnel may inspect logs/traces only where necessary for agreed delivery, a support request or a specific fault. These may contain instructions, steps, document excerpts and results. Access is purpose-bound, minimised and governed by the DPA. General product-development or model-training use of personal customer content is not included. Section 16 remains.

18.4 Fees and liability

18.4.1 Fees. Only expressly agreed beta/pilot fees apply. Free evaluation does not become paid without separate consent. Agreed success/acceptance conditions for fees remain.

18.4.2 Liability standard. kiimu is liable without limit for intentional and grossly negligent damage. For slight negligence, liability is limited to breach of essential contractual duties that enable proper performance and on which the customer may regularly rely, and to typical damage foreseeable at conclusion. Otherwise slight-negligence liability is excluded where legally permitted.

18.4.3 Cap. Slight-negligence liability under 18.4.2, for all incidents in the defined beta/pilot engagement in aggregate, is capped at the higher of the expressly stated net total order value for that period or EUR 1,000. Unordered future subscriptions do not count. Missing acceptance, payment or a free price does not reduce the fixed amount to zero. The cap does not apply to intent, gross negligence or 18.4.5 cases.

18.4.4 Consequential losses. For slight negligence, lost profit, unrealised savings, interruption and other indirect consequential losses are excluded, except insofar as they are typical foreseeable consequences of essential-duty breach under 18.4.2, when 18.4.3 applies. Necessary restoration costs are not excluded merely by calling them consequential. Intent, gross negligence and 18.4.5 remain outside this exclusion.

18.4.5 Exceptions and priority. Limits/exclusions do not apply to death/personal injury, mandatory product liability, individual GDPR Article 82 claims or other non-limitable claims. Article 82(5) statutory internal recourse remains. Statutory warranty and agreed privacy, security, return/deletion duties are not removed. For beta/pilot, 18.4 replaces the standards/caps in 17.3, 17.4 and 17.7; 17.8 does not apply. Conflicting general exclusions do not override this rule. The DPA and mandatory law prevail.

18.5 End of beta

Each order individually specifies evaluation start/end. Beta ends on that date; extensions require express agreement. The customer may terminate on one week’s notice in text form; kiimu may end a free beta on the same notice. Regular operation or paid continuation requires express agreement on scope, fees and operating conditions, not merely an announcement or in-app notice. Section 14.3 and the DPA continue to govern termination.

19. Final provisions

19.1 Governing law

All legal relationships between the customer and kiimu are governed exclusively by Austrian law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has its registered office and directly applicable EU law (in particular the GDPR and the AI Act) remain unaffected.

19.2 Place of jurisdiction

For all disputes arising from or in connection with this contract, the parties agree on the jurisdiction of the courts in Vienna that have subject-matter jurisdiction. kiimu is also entitled to sue the customer at the customer’s general place of jurisdiction.

19.3 Transfer

The customer may only transfer rights and obligations under this contract with kiimu’s prior consent. kiimu is entitled to transfer the contract to a legal successor in the course of universal succession or a transfer of the business; in this case, the customer has a special right of termination.

19.4 Text form

Where these terms require text form, an email to the most recently notified address of the other party is sufficient. For kiimu, this is hallo@kiimu.at.