Terms and Conditions (T&C)

of AI-Guide Andreea Negru

As of: April 21, 2025

Preamble

These Terms and Conditions (hereinafter "T&C") govern the legal relationships between AI-Guide, owner Andreea Negru, Dürckheimstraße 13, 4232 Hagenberg i.M., Austria (hereinafter "AI-Guide" or "Provider") and their customers (hereinafter "Customer" or collectively "Customers"). The T&C apply to all services offered by AI-Guide, in particular the conception and implementation of workshops, training and continuing education on the topic of Artificial Intelligence (AI). AI-Guide is currently primarily active in Austria, with a focus on companies, associations and the areas of equal opportunities and education. The version valid at the time of contract conclusion is decisive. Deviating conditions of the Customer are not recognized unless AI-Guide expressly agrees to their validity in writing.

§ 1 Scope and Provider Information

Provider:
AI-Guide
Owner: Andreea Negru
Dürckheimstraße 13
4232 Hagenberg i.M.
Austria
E‑Mail: office@ai-guide.at
Phone: +43 699 19 00 55 58
VAT Number: ATU62746826
These T&C apply to all contracts for the services described under § 2, which are booked or commissioned by customers from AI-Guide.
Target groups for the services are in particular companies, associations, educational institutions as well as individuals (e.g. students, students).

§ 2 Service Offering

Workshops & Training: AI-Guide designs and conducts workshops, training and continuing education on various topics of Artificial Intelligence (e.g. AI basics, ethics & bias, image/text generation, creation of custom GPTs, media design, optimization of work processes with AI, prompt engineering). The formats (face-to-face, online, hybrid), duration and specific content result from the respective service description or individual offer.

§ 3 Contract Conclusion

The presentation of services on the website, in brochures or other media does not constitute a legally binding offer, but an invitation to submit a booking or order by the customer (invitatio ad offerendum).
The contract is concluded by AI-Guide's acceptance of the customer booking or customer order. Acceptance can be express (e.g. verbal, written, by e-mail) or by conclusive conduct (e.g. by starting service provision).
(Note: For reasons of legal certainty and provability, it is strongly recommended to always confirm contract acceptance in writing or in text form, e.g. by e-mail.)
AI-Guide reserves the right to refuse bookings or orders without giving reasons.

§ 4 Prices and Payment Terms

Prices: The prices for AI-Guide's services are variable and depend on scope, target group, format and possibly service location. Fixed price lists are not included in these T&C. The valid prices are individually agreed between AI-Guide and the customer and are usually recorded in the offer or order confirmation.
Payment Terms:
- a. The specific payment terms (especially due date) are individually agreed and should be recorded before service provision (e.g. in the offer or confirmation).
- b. Unless otherwise agreed, the following applies: For services in Austria, the agreed remuneration is due at the latest 14 days after conducting the workshop or after receiving the invoice without deduction. For services in Romania or comparable countries, advance payment can be agreed, i.e. payment is due before service provision.
- c. Accepted payment methods are usually bank transfer to the account specified in the invoice. If applicable, an advance payment invoice will be issued.
- d. All prices are, unless otherwise stated, plus the applicable statutory VAT.
Payment Default: In case of payment default, AI-Guide is entitled to demand default interest at the statutory rate. The assertion of further default damages remains reserved.

§ 5 Service Provision

Service provision takes place according to agreement by conducting workshops/training at the agreed dates or by providing support services within the agreed period.
Appointments are individually agreed. AI-Guide reserves the right to postpone or cancel appointments for important reasons (e.g. illness of the speaker, force majeure, insufficient number of participants in open workshops). In case of cancellation by AI-Guide, already paid participation fees will be fully refunded or a replacement date offered upon request. Further claims by the customer are excluded unless AI-Guide is at fault.
The customer is responsible for creating any technical requirements for online formats (stable internet connection, device etc.).
AI-Guide is entitled to use third parties (subcontractors) for service provision.

§ 6 Cancellation Terms (Workshops & Training)

Cancellations by the customer must be made in writing (e.g. by e-mail) to AI-Guide. The receipt of the cancellation by AI-Guide is decisive for compliance with deadlines.
For cancellation of agreed workshops or training by the customer, the following cancellation costs apply (each based on the agreed net remuneration), unless otherwise agreed in writing in individual cases:
- Cancellation up to 7 days before the agreed date: 10% of the agreed remuneration.
- Cancellation up to 3 days before the agreed date: 30% of the agreed remuneration.
- Cancellation up to 24 hours before the agreed date: 50% of the agreed remuneration.
- Cancellation less than 24 hours before the agreed date or non-appearance: 100% of the agreed remuneration. However, AI-Guide may waive part of the costs in individual cases at its own discretion and in consultation with the customer.
The nomination of a suitable replacement participant is usually possible free of charge until shortly before the start after consultation with AI-Guide.

§ 7 Right of Withdrawal for Consumers

If the customer is a consumer within the meaning of § 1 KSchG (Austria) or corresponding EU consumer protection directives and the contract was concluded at distance (e.g. via the website, by e-mail, telephone), the customer has a statutory right of withdrawal.
Withdrawal Instructions: [Here a formal, legally compliant withdrawal instruction must be inserted, which informs about the right, the period (14 days from contract conclusion) and the consequences of withdrawal. A sample withdrawal form should also be provided.]
The right of withdrawal may expire early under certain circumstances, particularly for services when AI-Guide has fully provided the service and only began execution after the customer gave his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete contract fulfillment by AI-Guide. AI-Guide will specifically point this out to the customer and obtain the corresponding consent.

§ 8 Copyright and Usage Rights

All materials and content created or provided by AI-Guide as part of the services (e.g. presentations, handouts, scripts, exercises – hereinafter "Materials") are protected by copyright. All rights thereto lie with AI-Guide.
The materials may also be partially created with the help of AI tools and serve to support and illustrate.
The customer receives a simple, non-transferable right to use the materials received as part of a booked workshop or training exclusively for personal use and follow-up.
Any use beyond this, in particular reproduction, distribution, public accessibility or transfer to third parties, is prohibited without express written consent from AI-Guide.

§ 9 Liability and Warranty

AI-Guide provides the services with care and to the best of its knowledge. No guarantee is given for a specific (learning) success or the achievement of individual goals through participation in workshops or the application of the taught methods.
The content of the services serves exclusively for continuing education and information and does not constitute individual legal, financial, business or other professional advice.
AI-Guide expressly points out that AI tools, whose use may be demonstrated or recommended, can deliver inaccurate, erroneous or factually incorrect ("hallucinated") results. AI-Guide assumes no liability for the accuracy, completeness or usability of outputs generated by such external AI tools.
AI-Guide's liability for damages, regardless of the legal basis, is limited to intent and gross negligence. This limitation of liability does not apply:
- for damages from injury to life, body or health based on negligent or intentional breach of duty by AI-Guide.
- for damages based on the violation of essential contractual obligations (cardinal obligations); in this case, however, liability is limited to the contractually typical, foreseeable damage, unless intent or gross negligence is present.
- for claims under the Product Liability Act (if applicable).
AI-Guide is not liable for damages resulting from improper application of the taught content or methods by the customer.

§ 10 Data Protection

AI-Guide collects, processes and uses personal data of the customer (such as name, e-mail address, possibly telephone number, billing address) exclusively for the purpose of organizing and conducting the booked services, for communication as well as for billing in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
Data is only passed on to third parties if this is necessary for contract fulfillment (e.g. to payment service providers) or if there is a legal obligation. When using external platforms or tools as part of online workshops (e.g. video conferencing systems), data may be transferred to these providers; their data protection policies apply.
Detailed information on data processing and the rights of data subjects can be found in AI-Guide's separate privacy policy, which is available on the website [insert link to privacy policy] or will be provided upon request.

§ 11 Use of External AI Tools

AI-Guide may demonstrate or recommend the use of external AI tools (such as ChatGPT, Copilot, Midjourney, DeepL etc.) as part of the services. AI-Guide is not the provider of these tools.
The use of these external tools by the customer is at their own responsibility. The customer is responsible for familiarizing themselves with the terms of use and privacy policies of these third-party providers and complying with them.
AI-Guide assumes no responsibility or liability for the availability, functionality, results or data protection practices of these external tools.

§ 12 Choice of Law and Jurisdiction

For all legal relationships between AI-Guide and the customer, exclusively the law of the Republic of Austria applies, excluding the UN Sales Convention (CISG) and international conflict of laws rules.
If the customer is a consumer with residence in the European Union, mandatory provisions of consumer protection law of the member state in which the customer has their habitual residence remain unaffected by this choice of law.
The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, to the extent legally permissible (particularly for contracts with entrepreneurs), the materially competent court at AI-Guide's registered office (Hagenberg i.M., Court District Freistadt / possibly Regional Court Linz). If the customer is a consumer with residence in the EU, the statutory places of jurisdiction apply (particularly the place of jurisdiction at the consumer's residence).

§ 13 Future Developments (AI Campus)

AI-Guide plans the future introduction of a digital platform ("AI Campus") through which workshops, content and courses are to be made digitally accessible.
As soon as this platform and the associated digital products and services are actively offered, these T&C may be supplemented or replaced by specific terms of use and license conditions for the platform. Customers will be informed of corresponding changes in good time.

§ 14 Changes to the T&C

AI-Guide reserves the right to change these T&C for the future, particularly in case of changes in the legal situation, the offer or market conditions.
Changes will be communicated to the customer at least four weeks before the planned effective date in text form (e.g. by e-mail). The customer's consent is deemed given if they do not declare their objection in writing within four weeks of receipt of the change notification. AI-Guide will specifically point out this approval effect in the notification.

§ 15 Final Provisions

Amendments and supplements to this contract – this includes in particular appointment arrangements – require written form for their effectiveness. Written form also includes text form (e.g. e-mail). Oral agreements are only binding if confirmed by both parties subsequently in writing (e.g. by e-mail to office@ai-guide.at).
Should individual provisions of these T&C be wholly or partially invalid or become invalid, this does not affect the validity of the remaining provisions. Instead of the invalid provision, a valid regulation is deemed agreed that comes closest to the economic purpose of the invalid provision. The same applies to gaps.