General Terms and Conditions of reflct core GmbH

Stand: Ausgust 2026

I.1 Services

I.1.1 reflct core GmbH (hereinafter referred to as “reflct core”), Gertrude-Fröhlich-Sandner-Straße 2-4, 1100 Vienna, provides services for the creation and marketing of marketing data, marketing databases and marketing analyses, as well as the creation of LLM-based agent ecosystems.

The processed data comprises semantic data (text data) of all kinds in unstructured form, contains no personal references and, as anonymous data, is not subject to data protection laws.

I.2 Scope of Application

I.2.1 These General Terms and Conditions of reflct core apply to the entire business relationship with our customers and, until new terms and conditions are incorporated, also to all future contracts. Any deviating or supplementary terms and conditions of our customers shall not become part of the contract unless expressly accepted by us.

I.3 Placing of Orders

I.3.1 All offers made by reflct core are intended exclusively for commercial, independent professional or public-sector purposes (e.g. industry, trade, crafts, commerce, public authorities and comparable persons and institutions). reflct core shall only submit non-binding offers subject to change.

I.3.2 As a rule, a contract is concluded by the customer placing an order on the one hand and by reflct core issuing an order confirmation or actually performing the contract on the other hand.

I.4 Prices

Prices are exclusive of the applicable statutory value-added tax (VAT) and exclusive of shipping and packaging costs.

I.5 Delivery Dates

I.5.1 Agreed delivery dates shall be extended by a reasonable period in the event of subsequent changes to the order initiated by the customer or delayed deliveries by the customer, as well as in cases of force majeure, industrial disputes or operational disruptions for which we are not responsible, regardless of whether these occur within our company or at our subcontractors. Fixed deadlines shall only be recognized by us if we clearly designate and expressly confirm them as such, which we shall do only in text form.

I.5.2 In the event of culpable failure to meet a delivery deadline that has not been agreed as a fixed deadline, default shall only occur upon receipt of a reminder from the customer in text form.

I.5.3 If, through no fault of our own, we are permanently unable to provide the promised service, we shall be entitled to withdraw from the contract. If the relevant conditions are met, we shall notify the customer without undue delay and refund any advance payments already made.

I.6 Customer Rights in the Event of Defects

I.6.1 If the customer is a merchant, defects that can be identified through reasonable inspection must be reported in writing immediately after delivery of our products & services, and hidden defects immediately after their discovery; notification by email shall be sufficient. If the customer is another type of entrepreneur, a notification period of 14 days shall apply instead. If the customer fails to comply with an applicable deadline for reasons attributable to the customer, the customer shall not be entitled to assert any claims against us in respect of the corresponding defects.

I.6.2 Delayed use of our products & services shall not release the customer from the obligation to reasonably inspect our deliveries upon receipt. In the event of a justified and timely complaint, we shall have the option of remedying the defect or providing a replacement. The customer may demand a reduction in remuneration or, in the case of significant defects, withdraw from the contract if two attempts to remedy the defect fail, if the replacement delivery is also defective, if the defect is not remedied within a reasonable period, or if the availability of our web services can no longer be guaranteed. Section I.11 shall apply to claims for damages.

I.6.3 Claims relating to defects in the delivery that do not require fault on our part shall become statute-barred twelve months after delivery of the relevant item, unless the claim arises from a guarantee provided by us.

I.6.4 Claims relating to defects shall be governed by the law applicable to the respective product or service.

I.7 Customer’s Legal Responsibility

I.7.1 The customer bears sole responsibility for ensuring that the processing of data provided by the customer does not infringe any third-party copyrights, reproduction or exploitation rights, personality rights, data protection rights or other third-party rights.

I.7.2 The use of all data, information, content and products provided by reflct core is exclusively at the customer’s own risk and sole responsibility. The customer is responsible for verifying that the services provided are suitable for the intended purpose and comply with all applicable statutory provisions and laws, and for using them in a legally compliant manner.

I.7.3 reflct core assumes no responsibility or liability whatsoever for damages, disadvantages or legal consequences resulting from improper, incorrect or unlawful use of the data and products provided. The customer shall fully indemnify and hold reflct core harmless in this respect and undertakes to indemnify reflct core against all third-party claims, including reasonable legal enforcement and defense costs.

I.8 General Restrictions on Use

I.8.1 The products supplied are protected by copyright. The products & services may only be used to the extent agreed with us.

I.8.2 The reproduction of products & services supplied by reflct core requires the express prior consent of reflct core. The same applies to their transfer to additional computers, telecommunications networks, the internet or web applications. The creation of a necessary backup copy is permitted.

I.9 Contractual Penalty

I.9.1 In the event of a breach of the restrictions on use set out in Sections I.8.1 and I.8.2, the customer shall owe a contractual penalty, to be determined at the reasonable discretion of reflct core, amounting to at least the annual order volume for the agreed use.

I.9.2 In the event of a dispute regarding the appropriateness of the contractual penalty, the competent court in Vienna shall decide on its appropriateness.

I.9.3 reflct core reserves the right to claim damages exceeding this amount.

I.10 Indemnification

I.10.1 If reflct core is held liable under competition law, data protection law or civil law due to unlawful use of the products or services by the customer for which the customer is responsible, the customer shall bear the costs and shall fully indemnify reflct core against all costs arising from any related third-party claims, including reasonable costs of legal defense. The indemnification shall also include corresponding attorneys’ fees and court costs as well as administrative fines, contractual penalties, fines and other monetary penalties.

I.10.2 Insofar as the commissioned processing of data sets provided by the customer infringes third-party copyrights, reproduction rights or exploitation rights and reflct core is held liable by third parties for the alleged infringement of third-party rights (in particular copyright exploitation rights), the customer shall fully indemnify reflct core against all costs arising from any such third-party claims, including reasonable costs of legal defense. The indemnification shall also include corresponding attorneys’ fees and court costs as well as administrative fines, contractual penalties, fines and other monetary penalties.

I.10.3 The customer shall be obliged to cooperate without undue delay in preventing or defending against the aforementioned claims, for example by providing relevant agreements and declarations of consent.

I.11 Liability

I.11.1 Where liability exists under applicable law, reflct core shall be liable within the contractual relationship for damages or reimbursement of wasted expenditure caused by us, our legal representatives or agents only in cases of intent or gross negligence or in the event of a culpable breach of material contractual obligations (obligations that the contract, according to its content and purpose, is specifically intended to ensure, or the fulfilment of which is essential for the proper performance of the contract and on compliance with which the contracting party may regularly rely). Except in cases of intent or gross negligence, liability for breach of a material contractual obligation shall be limited to foreseeable damages typical of the contract.

I.11.2 Claims under product liability or product safety legislation, claims arising from culpably caused injury to life, body or health, fraudulent misrepresentation, claims for damages in lieu of performance in the event of significant breaches of duty, strict liability for defects, culpable impossibility or unreasonableness of performance, guarantees assumed or procurement risks assumed shall remain unaffected in their entirety.

I.11.3 The liability provisions shall also extend to the personal liability of our legal representatives and agents. The foregoing provisions shall not result in any reversal of the burden of proof.

I.12 Payments

I.12.1 Unless otherwise agreed, our invoices shall become due for payment without deduction within 14 days of the invoice date following performance of the services. If the customer is in default, we shall be entitled to claim interest at the statutory rate as well as compensation for any additional damages resulting from the delay.

I.12.2 If we subsequently become aware that, when placing the order, the customer concealed unfavorable circumstances that were not apparent to us but should have been disclosed and that indicate the customer’s inability to perform the contract, we shall be entitled to withdraw from the contract and demand payment for services already rendered.

I.12.3 The customer may only offset counterclaims against our claims or withhold payments if the customer’s claim arises from the same legal relationship, is undisputed or has been finally determined by a court.

I.13 Assignment

I.13.1 The assignment to third parties of rights arising from the business relationship or claims against us shall require our prior consent in text form in order to be effective.

I.14 Confidentiality and Data Protection

I.14.1 reflct core and its business partners undertake to keep confidential all confidential information received within the scope of the business relationship.

I.14.2 Personal data shall be processed in accordance with the provisions of the General Data Protection Regulation (GDPR).

I.15 General Provisions

I.15.1 All legal relationships with us shall be governed exclusively by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

I.15.2 If the customer is a registered merchant, Vienna shall be agreed as the place of jurisdiction for all legal disputes arising from these General Terms and Conditions.

I.15.3 Should individual clauses of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain effective. Invalid and/or ineffective clauses shall be replaced by reflct core with valid/effective provisions as soon as possible. The parties shall agree on a new provision that comes as close as possible to the economic purpose of the original provision. The same shall apply to any gaps in the contract.