Terms & Conditions

(1) These General Terms and Conditions apply to all contracts between Blck Alpaca OG, Maria-Lassnig-Straße 33/1/29, 1100 Vienna, Austria (hereinafter "Provider" or "we") and the customer (hereinafter "Client") for the provision of services in the field of AI-powered marketing automation, data-driven strategy consulting, and custom software development.

(2) Deviating, conflicting, or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

(3) These terms apply to both businesses (B2B) and consumers (B2C), whereby special consumer rights remain unaffected.

(1) The Provider offers services in the following areas:

• Development and implementation of custom AI agents for marketing automation
• Data analysis, business intelligence, and data-driven strategy development
• Integration of AI solutions into existing marketing workflows and CRM systems
• Consulting on GDPR and EU AI Act compliant implementations
• Performance marketing, campaign management, and conversion optimization
• Custom software development (web applications, APIs, dashboards)
• AI-assisted content creation
• Training and workshops on AI in marketing

(2) The specific scope of services is detailed in the respective offer, project contract, or Service Level Agreement (SLA).

(3) Changes to the scope of services during the project require written agreement (Change Request).

(1) Our offers are non-binding unless expressly stated otherwise.

(2) A contract is concluded by: (a) written order confirmation from us, (b) signing of a project contract by both parties, or (c) commencement of service provision after commissioning.

(3) No verbal side agreements exist. Changes and additions require written form.

(1) Compensation is based on the respective offer or agreement. Unless otherwise agreed, billing is based on time and materials at our current hourly rates.

(2) Invoices are payable within 14 days of invoicing without deduction, unless otherwise agreed.

(3) All prices are exclusive of statutory VAT (currently 20% in Austria).

(4) In case of late payment, we are entitled to charge default interest of 9.2 percentage points above the base rate (for businesses) or 4 percentage points above the base rate (for consumers).

(5) Set-off against counterclaims is only permitted if these have been legally established or acknowledged by us.

(1) The Client provides all information, data, access, and materials required for service provision in a timely and complete manner.

(2) The Client designates a competent contact person who is available for coordination, approvals, and decisions and has corresponding decision-making authority.

(3) Approvals and feedback must be provided within agreed deadlines. Delays caused by the Client may result in corresponding schedule adjustments.

(4) The Client warrants that they have all necessary rights to the materials provided.

(1) We provide our services with the diligence of a proper businessperson and according to the current state of technology.

(2) Agreed deadlines are binding unless otherwise indicated. Delays due to circumstances beyond our control lead to appropriate deadline extensions.

(3) For agile projects, service provision occurs in sprints. The scope of each sprint is defined jointly.

(1) Upon full payment, the Client receives the usage rights to the work results agreed in the contract.

(2) Unless otherwise agreed, the Client receives a simple, non-transferable, unlimited usage right for the agreed purpose.

(3) Source code is only handed over if expressly agreed. In this case, the Client receives the right to edit and further develop.

(4) Generally usable methods, frameworks, tools, and know-how that we use or develop during service provision remain our property and may be reused by us.

(5) We are entitled to mention the project and Client as a reference unless the Client objects in writing.

(1) Defects must be reported in writing immediately upon discovery.

(2) In case of justified defect claims, rectification is provided first. If rectification fails twice within a reasonable period, the Client may demand reduction or withdraw from the contract.

(3) The warranty period is 12 months for businesses, 24 months for consumers from acceptance.

(4) No warranty exists for defects caused by improper use, modifications by the Client or third parties, or force majeure.

(1) We are unlimitedly liable for intent and gross negligence as well as for damages from injury to life, body, or health.

(2) In case of slight negligence, we are only liable for breach of essential contractual obligations (cardinal obligations). Liability in this case is limited to the foreseeable damage typical of the contract.

(3) Liability for indirect damages, lost profits, and data loss is excluded in case of slight negligence.

(4) The limitations of liability also apply in favor of our employees, representatives, and vicarious agents.

(5) Statutory liability regulations apply to consumers.

(1) Both parties commit to keeping all confidential information received during cooperation secret and using it only for contract purposes.

(2) Processing of personal data is carried out in accordance with GDPR. If we process personal data on behalf, a separate data processing agreement (DPA) is concluded.

(3) When using AI systems, we ensure compliance with the EU AI Act and inform about the AI categories used.

(1) Project contracts end with acceptance of the agreed services.

(2) Ongoing service contracts (retainer, support) have the duration and notice period agreed in the contract. If no agreement exists, a notice period of 3 months to the end of the month applies.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) In case of early termination, all services rendered until then must be compensated.

(1) Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of international private law.

(2) Place of performance for all services is Vienna.

(3) For disputes with businesses, the competent court in Vienna has exclusive jurisdiction. For consumers, the statutory place of jurisdiction applies.

(4) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.

(5) The contract language is German. In case of translations, the German version prevails.