📋 Terms of Service

Provider: Robert Strecher / RSTCode, Hitzendorf, Styria, Austria
Email: kontakt@rstcode.at
Last Updated: March 2024  |  Applicable to: AI Chat Widget (SaaS)

§ 1 Scope and Contracting Parties

These Terms of Service govern all agreements between Robert Strecher, Hitzendorf, Styria, Austria (hereinafter "RSTCode" or "Provider") and the Customer regarding the use of the AI Chat Widget as a Software-as-a-Service (SaaS) solution.

Any conflicting or deviating terms of the Customer shall not be recognized unless RSTCode expressly agrees to them in writing.

These Terms apply exclusively to businesses (entrepreneurs). End users (visitors of the Customer's website) who interact with the widget are not direct contractual partners of RSTCode.

§ 2 Contract Formation

A contract is formed through:

  1. The Customer placing an order for the service (online, by email, or in writing)
  2. RSTCode sending an order confirmation by email

The order confirmation by email constitutes the binding acceptance of the offer. No valid contract exists prior to receipt of the order confirmation.

Note: Offers on the RSTCode website are non-binding and do not constitute binding offers.

§ 3 Services

RSTCode provides the Customer with an AI-powered chat widget as a SaaS service. The widget includes:

The service includes only the provision of the SaaS platform. Content customization of the AI agent (system prompts, documents) is the Customer's responsibility.

§ 4 Trial Period

New customers receive a free trial period of 14 days from the date of contract formation. During the trial period, all features of the subscribed plan are fully available.

After the trial period expires, the service automatically becomes subject to charges unless the Customer cancels by email beforehand. A separate notice about the end of the trial period will be sent by email.

§ 5 Prices and Payment

The following pricing plans apply (all prices include 20% Austrian VAT where applicable):

Plan Monthly Price Included Features
Starter (BYOK) € 19.– 1 website, admin portal, document upload, own API key (BYOK)
Pro € 49.– 3 websites, API access included, chat history 30 days, priority support
Agency (White-Label) € 99.– Unlimited websites, white-label, chat history 90 days, priority support & SLA

The setup fee is due once upon contract formation. The monthly fee is billed in advance with a payment term of 14 days.

RSTCode reserves the right to adjust prices with 4 weeks' notice. In this case, the Customer has a special right of termination.

§ 6 Term and Termination

The contract runs indefinitely and may be terminated by either party monthly at month-end by email to kontakt@rstcode.at.

Notice of termination must be received no later than 3 days before the end of the respective billing month.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer:

After termination, all customer data will be deleted within 30 days, unless statutory retention obligations apply.

§ 7 Right of Withdrawal

Withdrawal right exclusion: Pursuant to § 18 Para. 1 No. 11 FAGG (Austrian Distance and Off-Premises Contracts Act), the right of withdrawal expires for digital content once execution has commenced before the withdrawal period has expired and the Customer has expressly agreed to the withdrawal right lapsing. Upon activation of access to the SaaS platform and explicit consent of the Customer, the right of withdrawal is forfeited.

§ 8 Customer Obligations

The Customer agrees to:

§ 9 Availability and Maintenance

RSTCode aims for an annual average availability of 99%. Planned maintenance will be announced in advance where possible.

No claim to uninterrupted availability exists in cases of force majeure, maintenance, third-party outages (particularly Anthropic API, ALL-INKL), or acts of God.

§ 10 Limitation of Liability

RSTCode is liable for damages only in cases of intent or gross negligence. In cases of slight negligence, liability is limited to foreseeable, typical damages.

RSTCode is specifically not liable for:

The limitation of liability does not apply to personal injury or damages under product liability law.

§ 11 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy and in compliance with the General Data Protection Regulation (GDPR) and Austrian Data Protection Act (DSG).

Since RSTCode processes personal data on behalf of the Customer, a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is required.

§ 12 Amendments to Terms

RSTCode reserves the right to amend these Terms with 4 weeks' notice by email. If the Customer does not object within this period, the amendments shall be deemed accepted. The right to object will be referenced in the notification.

§ 13 Governing Law and Jurisdiction

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

The competent court in Graz (Styria, Austria) shall have exclusive jurisdiction for disputes arising from this contract, to the extent permitted by law.

§ 14 Miscellaneous

Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the commercial purpose of the invalid provision.

Collateral agreements require written form. This also applies to the waiver of this written form requirement.