These General Terms and Conditions ("GTC") govern all business relationships between askEinstein.org Martin Harrer (hereinafter "askEinstein.org") and business customers who use the AI chatbot service by embedding it into their own websites. This service is provided exclusively for business use (B2B). By registering or using the service, the customer confirms full acceptance of these GTC in their current version and affirms that they are not acting as a consumer. End users (such as visitors of the customer's website interacting with the chatbot) do not enter into a contract with askEinstein.org by using the chatbot; the contractual relationship exists solely between askEinstein.org and the customer (website operator).
Any terms and conditions of the customer that differ from or conflict with these GTC shall not be recognized unless askEinstein.org has expressly agreed to them in writing. As part of the ordering or registration process, the customer confirms (e.g., by checking a box) that they have read and accepted these GTC as well as the Privacy Policy.
askEinstein.org provides an AI-powered chatbot service, which customers can integrate into their own websites via a JavaScript code snippet. The chatbot can be enhanced with a customer-specific knowledge base or uploaded documents to enable context-specific responses. Website visitors (end users) can ask the chatbot questions on a wide range of topics (such as health, technology, education, lifestyle) and receive responses generated by an advanced language model AI.
The responses are generated automatically by the AI model without real-time human review. Therefore, askEinstein.org does not guarantee the correctness, completeness, or timeliness of the chatbot’s answers.
The service does not provide personalized or professional advice—particularly not legally binding, financial, medical, or other professional recommendations. askEinstein.org expressly points out that the chatbot is not a substitute for expert consultation or professional services. All information provided by the chatbot is for general information purposes only. For individual advice, a qualified professional must always be consulted.
askEinstein.org may, at its own discretion, offer the customer a free trial period (e.g., three days with a limited number of answers). The duration and scope are specified in advance, and no fees are charged during this period.
After the trial period has expired or if no free trial is provided, continued use of the service requires a paid subscription. Billing is based on a subscription model, with the customer receiving a quota of chatbot answers per billing period (monthly or annually). The applicable fees and service scope are transparently displayed prior to contract conclusion. By subscribing, the customer agrees to pay the applicable fees.
Fees are due in advance for each billing period. Payment processing is handled by an external payment service provider (e.g., Stripe). The customer agrees that all data required for payment processing (e.g., name, address, payment details) will be transmitted to the payment provider and processed in accordance with their privacy policy.
If the customer reaches the agreed answer quota within a billing period, the service may be technically restricted or suspended until an upgrade is performed or a new quota is available. Unused answer quotas expire at the end of the billing period unless otherwise agreed.
The subscription automatically renews for the same period unless canceled before the end of the current period. If canceled in due time, the service remains available until the end of the paid period. Refunds (full or partial) for fees already paid are not granted, except where required by law.
askEinstein.org reserves the right to adjust fees, features, or payment terms with reasonable advance notice. Changes will be announced in good time before taking effect (e.g., via email). In the event of a price increase, the customer may cancel at the end of the current period. Continued use after changes take effect constitutes acceptance.
All prices are exclusive of any applicable value-added tax (VAT) or similar taxes unless otherwise required by law.
The service is intended exclusively for business customers. Consumer rights, particularly the statutory right of withdrawal, do not apply. By entering into the contract, the customer confirms that they are an entrepreneur under the law and use the service exclusively for business purposes.
Should the customer be considered a consumer contrary to these GTC and have a statutory right of withdrawal, the following applies: The customer expressly agrees that askEinstein.org may begin providing the service before the end of the withdrawal period. If the service is fully performed before the end of the period, the right of withdrawal expires.
The AI chatbot is provided as a technical tool based on a complex AI model. askEinstein.org endeavors to maintain high availability and up-to-date information but assumes no liability or guarantee for the accuracy, completeness, or timeliness of the generated answers. Incorrect, inaccurate, or ambiguous information may occur, as there is no continuous human review.
All information and content provided by the chatbot are for general information purposes only and do not constitute advice (e.g., legal, financial, medical). Any decisions based on chatbot responses are made at the customer’s or their end users’ own risk.
askEinstein.org shall not be liable for any damages arising from the use of the chatbot service or reliance on its content, regardless of whether such damages are direct or indirect, including data loss, lost profits, or consequential damages.
The customer undertakes to use the service only in accordance with these GTC and all applicable laws and regulations. They are responsible for the correct integration and use of the service on their website and for ensuring that all terms of use are complied with by their end users. Any misuse by the customer or third parties is strictly prohibited, especially:
The chatbot may only be accessed via the interfaces provided by askEinstein.org (e.g., snippet, dashboard/API if available). Any other form of access or automated usage is prohibited.
In the event of violations, askEinstein.org is entitled to block access, terminate the contract without notice, and claim damages if applicable. The customer shall indemnify askEinstein.org against third-party claims arising from contractual violations unless askEinstein.org acts with intent or gross negligence.
All rights to the software, platform, and provided code remain with askEinstein.org or its licensors. For the duration of the contract, the customer is granted a simple, non-transferable right to use the chatbot service and to integrate it into their own website.
Content provided by the customer (e.g., knowledge base data) remains the property of the customer. The customer grants askEinstein.org a simple, worldwide, royalty-free license to use such content solely for the purpose of fulfilling the contract and improving the service for the customer.
Upon termination of the contract, customer content will be deleted from active systems within a reasonable period unless retention is required by law. The customer warrants that they hold all rights to the content provided and comply with all data protection requirements (especially for personal data, e.g., GDPR).
Information regarding the collection, processing, and use of personal data can be found in the Privacy Policy of askEinstein.org. The customer is responsible for providing any necessary privacy information and obtaining required consents from their end users.
askEinstein.org reserves the right to amend or supplement these GTC at any time with effect for the future and for valid reasons (e.g., legal changes, technical adjustments, introduction of new features). Changes will be announced in good time before taking effect (e.g., via email and/or on the website) and take effect as of the specified date.
If the customer does not object to the change within 14 days and continues to use the service, the change is deemed accepted. In the event of timely objection, both parties may terminate the contract as of the effective date of the change; already paid fees for periods after the effective date will be refunded pro rata.
The contractual relationship is governed exclusively by the substantive laws of the Republic of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC is Linz, Austria, unless otherwise required by law. askEinstein.org reserves the right to bring claims at the customer's place of business.
Should individual provisions of these GTC be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent. The same applies in the event of any omissions.
Amendments and supplements to these GTC must be made in writing, unless a stricter form is prescribed by law. Communication by email fulfills the written form requirement.
The contractual language is German. Any translation of these GTC is for convenience only. In case of any conflict or doubts of interpretation, the German version shall prevail.