As of May 2026
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") apply to all legal transactions between the client and Simon Micheler, KI ALPIN (hereinafter "KI ALPIN" or "contractor"). They apply in particular to consulting and training services as well as to the creation of custom AI and software solutions.
1.2. These GTC also apply to all future contractual relationships, even if they are not expressly referred to in follow-up orders. The version valid at the time the contract is concluded is decisive in each case.
1.3. Deviating or supplementary terms and conditions of the client do not become part of the contract unless KI ALPIN expressly agrees to their validity in writing.
1.4. If the individual contract concluded with the client deviates from these GTC, the provisions of the individual contract take precedence.
2. Conclusion of contract
2.1. Offers and cost estimates from KI ALPIN are non-binding until the contract is concluded.
2.2. The contract is concluded as soon as KI ALPIN sends a written order confirmation or begins providing the service. The basis is the respective offer in conjunction with the order confirmation.
2.3. There are no verbal side agreements. Amendments and additions require written form.
3. Scope of services
3.1. The nature and scope of the services are governed by the contract concluded in each case or by the service description. KI ALPIN provides the services in accordance with the principles of proper professional practice. No particular economic success is owed.
3.2. Consulting and training. Consulting, workshop and training services are provided free of instructions and on the contractor's own responsibility. KI ALPIN is entitled to engage qualified third parties for performance; this does not create a direct contractual relationship between these third parties and the client.
3.3. Custom development. For individually created software and AI solutions, the scope of services is determined by a service description. Delivery comprises the agreed work results together with the documentation required for their use. Minor defects that cannot be entirely ruled out due to the nature of software development are not considered material. Unless expressly agreed, KI ALPIN gives no warranty that the software will run uninterrupted and error-free or will interact with any systems of the client.
3.4. Third-party components. If standard software, models or third-party services are incorporated, their licence and usage terms apply in addition. KI ALPIN's warranty and liability are excluded for such components; KI ALPIN assigns any claims against the respective provider to the client.
3.5. KI ALPIN is entitled to change or improve agreed services insofar as this is reasonable for the client or becomes necessary for legal reasons.
4. Client's cooperation
4.1. The client provides KI ALPIN with all information, data, systems and access required to provide the service in good time and in full, and names a contact person.
4.2. The client carries out agreed interim acceptances, e.g. of drafts or interim results, in a timely manner.
4.3. Additional work resulting from incomplete information, unavailable systems or delayed cooperation is charged separately at the applicable hourly rates; agreed deadlines are extended accordingly.
5. Fee and payment
5.1. Scope, duration and fee are agreed individually. Unless otherwise agreed, prices are exclusive of statutory VAT as well as any cash outlays, expenses and travel costs incurred.
5.2. KI ALPIN is entitled to issue partial invoices in line with the progress of the work and to request reasonable down payments.
5.3. Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date. KI ALPIN is entitled to send invoices electronically; the client agrees to this.
5.4. In the event of default in payment, KI ALPIN is entitled to suspend further services until payment is made and to charge reasonable default interest as well as the costs of appropriate collection measures.
6. Rights of use and intellectual property
6.1. The copyright and other protective rights to the works created by KI ALPIN, in particular to concepts, analyses, reports, source code and documentation, remain with KI ALPIN until full payment.
6.2. After full payment, KI ALPIN grants the client the non-exclusive and non-transferable right of use to the individually created work results required for the agreed purpose. Any use, reproduction or transfer beyond this requires express written consent.
6.3. Generally usable know-how, methods and reusable building blocks that KI ALPIN uses or develops independently of the specific order remain entirely with KI ALPIN.
7. Warranty
7.1. KI ALPIN remedies demonstrably present defects in the services provided by way of rectification. Apparent defects must be reported immediately, hidden defects immediately after becoming apparent, in writing and in a comprehensible manner.
7.2. For software, the warranty is limited to reproducible defects. Excluded are defects caused by improper use, unauthorised changes by the client or third parties, or by unsuitable operating environments.
7.3. Warranty claims expire, to the extent legally permissible, twelve months after the service is provided. The burden of proving that the defect existed at the time of hand-over lies with the client.
8. Liability
8.1. Except for personal injury, KI ALPIN is liable only in the event of intent or gross negligence.
8.2. Liability for slight negligence as well as for lost profit, loss of data, business interruption and other indirect or consequential damage is excluded to the extent legally permissible. Any liability is limited in amount to the respective order value.
8.3. No warranty is given for the factual accuracy and suitability of results generated by AI systems. Checking and the final decision on their use is the responsibility of the client.
8.4. Claims for damages must be asserted in court within six months of becoming aware of the damage and the party causing it, but at the latest within the statutory periods.
9. Confidentiality and data protection
9.1. KI ALPIN undertakes to maintain confidentiality regarding all business and trade secrets as well as confidential information of the client that becomes known to it. This obligation continues to apply after the end of the contractual relationship. Third parties involved are obliged accordingly.
9.2. KI ALPIN processes personal data exclusively within the framework of the statutory provisions (GDPR, DSG) and the respective purpose. Further details are governed by the privacy policy. Where necessary, a data processing agreement is concluded.
10. Reference
The client permits KI ALPIN, by agreement, to name the business relationship with name and logo as a reference. The client can revoke this permission in writing at any time.
11. Duration and termination
11.1. The contract generally ends upon completion of the agreed project.
11.2. Both contracting parties may dissolve the contract for good cause without observing a notice period, in particular in the event of a material breach of contract or default in payment after the opening of insolvency proceedings.
11.3. If performance does not take place for reasons for which the client is responsible, KI ALPIN retains the claim to the agreed fee less expenses saved.
12. Final provisions
12.1. Amendments to this contract and these GTC require written form; this also applies to any waiver of the written form requirement.
12.2. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is to be replaced by a valid one that comes closest to the economic purpose.
12.3. Austrian substantive law applies, excluding the referral norms of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of performance is the registered office of KI ALPIN. The court with subject-matter jurisdiction at the registered office of KI ALPIN is responsible for disputes, insofar as no mandatory consumer protection provisions conflict with this.