General Terms and Conditions
These Terms govern the use of the Software-as-a-Service solution "OnDuty" provided by ON DUTY AI Solutions GmbH and the associated services towards entrepreneurs within the meaning of §1 of the Austrian Business Code (UGB).
1. Scope
These Terms apply to all contracts between ON DUTY AI Solutions GmbH ("OnDuty") and its customers regarding the provision and use of the OnDuty platform. Deviating terms of the customer apply only if OnDuty expressly agrees to them in writing.
2. Subject matter
OnDuty provides the customer with a cloud-based software solution for planning, control, documentation and billing of field operations, for use over the internet. The specific scope of services results from the respective offer or the selected service tier.
3. Conclusion of contract
The contract is concluded by acceptance of an offer from OnDuty or by activation of access to the platform. Representations on the website do not constitute a binding offer.
4. Services and availability
OnDuty endeavors to keep the platform available to the greatest extent possible. Maintenance, further development and disruptions outside OnDuty's control (e.g. force majeure, failures of third-party services) may temporarily limit availability. Specific availability or service commitments (SLA) require a separate agreement.
5. Prices and payment
The prices stated in the respective offer or selected service tier apply. Unless otherwise agreed, all prices are net plus statutory VAT. Invoices are due for payment without deduction within the agreed period.
6. Term and termination
Term, renewal and notice periods are governed by the respective contractual agreement. The right to extraordinary termination for good cause remains unaffected.
7. Customer obligations
The customer is responsible for keeping its access credentials confidential and ensures that use of the platform complies with applicable law. The customer is itself responsible for the lawfulness of the data it enters — in particular with regard to data protection and labor law requirements.
8. Rights of use
For the term of the contract, OnDuty grants the customer a non-exclusive, non-transferable right to use the platform as intended. All rights to the software remain with OnDuty or its licensors.
9. Data protection
Personal data is processed in accordance with our Privacy Policy. Insofar as OnDuty processes personal data on behalf of the customer, a data processing agreement (DPA) pursuant to Art. 28 GDPR is concluded.
10. Warranty and liability
OnDuty is liable under statutory provisions for intent and gross negligence. For slight negligence, OnDuty is liable only in the event of a breach of material contractual obligations and limited to the typical, foreseeable damage. Liability for consequential damage, lost profit and data loss is excluded to the extent permitted by law.
11. Confidentiality
The parties undertake to keep confidential information of the other party secret and to use it only within the scope of the contractual purpose.
12. Final provisions
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes with entrepreneurs is the court with subject-matter jurisdiction in Vienna. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.