Terms and Conditions

description § 1 Scope

1. These Terms and Conditions (T&C) apply to all contracts for the use of the software-as-a-service offerings „Presenter“, available at presenter.automagisch.at, and „Product Explainer“, available at productexplainer.automagisch.at (each the „Service“, together the „Services“), between automagisch (the „Provider“) and the users of the Service (the „User“).
2. The Service is aimed primarily at entrepreneurs within the meaning of § 1 UGB and § 1 KSchG („B2B“). However, it is also open to consumers within the meaning of § 1(1)(2) KSchG. Where individual provisions of these T&C apply only to consumers or only to entrepreneurs, this is expressly stated. Mandatory provisions of the Austrian Consumer Protection Act (KSchG), the Distance and Off-Premises Contracts Act (FAGG) and the Consumer Warranty Act (VGG) remain unaffected vis-à-vis consumers.
3. Both Services use a shared user account and a shared token balance (§ 6). Tokens are purchased via Presenter and can be used in both Services. Where these T&C refer to the „Service“, they apply to each of the two Services; rules that apply to only one Service are expressly marked.
4. Conflicting or deviating terms and conditions of the User do not become part of the contract, even if the Provider does not expressly object to them.
5. The version of these T&C in force at the time the contract is concluded shall apply.

smart_toy § 2 Description of Services

1. Presenter enables Users to upload PowerPoint files (PPTX format) and to generate presented versions from them automatically using artificial intelligence (AI) (e.g. narrated or automatically presented versions).
2. Product Explainer enables Users to generate explainer videos (script, images, video scenes, voice-over and music) automatically using AI from product descriptions, texts and screenshots of a software product.
3. Generating results with either Service is referred to below as „Generation“.
4. The Service is provided as a web application over the internet (software as a service). The User does not receive a copy of the software; the subject matter of the contract is exclusively the use over the internet for as long as the User account exists.
5. The specific scope of functions results from the service description on the website at the time of the order. The Provider is entitled to further develop and modify the Service, provided that the contractually agreed core scope of functions (Generation of presented versions from PPTX files within the scope of the purchased token balance) is maintained. Vis-à-vis consumers, the requirements of § 27 VGG apply to changes to the digital service.
6. AI notice: The Generation is carried out by AI systems. AI-generated results may contain errors, inaccuracies, omissions or factually incorrect statements (e.g. incorrect pronunciation, distorting summaries or factually wrong wording). The User is obliged to check generated content before any use — in particular before commercial, public or legally relevant use — for accuracy and suitability. The results do not constitute advice.
7. The Provider does not owe any particular substantive or qualitative success of the Generation beyond the functionality described on the website.

person_add § 3 Registration and User Account

1. Use of the Service requires registration of a user account. Registration is permitted only to natural persons with unlimited legal capacity as well as to legal entities and partnerships with legal capacity.
2. The User must provide truthful and complete information upon registration and keep it up to date. Entrepreneurs must declare themselves as such upon registration, insofar as this is provided for in the registration process.
3. Access credentials must be kept secret and protected against access by third parties. The User must inform the Provider without undue delay if there are indications of misuse of the account.
4. A user account is not transferable. Passing on access credentials to third parties outside the User's own organisation is prohibited.
5. There is no entitlement to registration. The Provider may refuse registrations without stating reasons.

handshake § 4 Conclusion of Contract

1. The presentation of the Service and the tariffs on the website does not constitute a binding offer by the Provider, but an invitation to the User to submit an offer.
2. By completing the ordering process via the designated button (e.g. „order with obligation to pay“ or an equivalently clear label pursuant to § 8(2) FAGG), the User submits a binding offer to conclude a contract for the selected token package.
3. The contract is concluded when the Provider confirms the order by email or activates the service, whichever occurs first. An automated acknowledgement of receipt of the order does not yet constitute acceptance, unless it is expressly designated as a contract confirmation.
4. The contract text is stored by the Provider; the User receives the contract terms including these T&C on a durable medium (email) pursuant to § 7(3) FAGG.
5. The contract language is German.

redeem § 5 Free Trial (free test balance)

1. Newly registered Users receive a one-time free test balance of 25 tokens („Free Trial“).
2. Trial tokens expire 14 days after being credited, without any entitlement to replacement, extension or payout.
3. Presentations generated with Presenter during the Free Trial are provided with a watermark. Removal of the watermark is not envisaged; use with the watermark is permitted.
4. The Free Trial may be used only once per person or company. Multiple registrations to repeatedly obtain the Free Trial are prohibited and entitle the Provider to block the accounts concerned.
5. No payment obligation and no automatic obligation to purchase further tokens arise from the Free Trial.

toll § 6 Token System

1. Use of the Service is based on a credit system („tokens“). If a Generation fails for reasons within the Provider's sphere (a technical fault of the Service), the consumed token is credited back.
2. There are two types of tokens:
   • Purchased tokens: tokens bought individually or in packages (§ 7);
   • Trial tokens: the free test balance (§ 5).
3. Purchased tokens do not expire for as long as the user account exists. Upon termination of the user account, § 8(2) applies.
4. Tokens are consumed in the following order: first trial tokens, then purchased tokens (oldest first).
5. Tokens are tied to the user account, are not transferable to other accounts and — subject to mandatory statutory claims, in particular the right of withdrawal under § 9, and of the money-back guarantee under § 9a — cannot be redeemed for money.

payments § 7 Prices, Payment, Tariffs

1. The prices shown on the website at the time of the order apply. Currently planned tariffs (the binding prices always result from the website):
   • Free Trial: free of charge, 25 tokens (once per user account, valid for both Services), with a watermark in Presenter, expires after 14 days;
   • Token packages: 100 tokens for €9.90.
2. Payment is made via the payment methods offered during the ordering process by the payment service provider Stripe. Token packages are due immediately upon order.
3. If payment fails, the Provider may refuse to activate the ordered tokens until payment is received. Statutory default interest and the reimbursement of necessary dunning and collection costs within the statutory framework (§ 1333 ABGB) remain unaffected.
4. Price changes for future orders are shown on the website and do not apply retroactively to token packages already purchased.

event_repeat § 8 Termination of the User Account

1. The User may delete their user account at any time. Deletion is carried out via the dedicated function in the account settings of the web app; alternatively, the User may request deletion by email to kontakt@automagisch.at. No pro-rata refund is made for tokens already purchased but not yet used, without prejudice to the right of withdrawal under § 9, the money-back guarantee under § 9a and to mandatory statutory claims.
2. Before deletion is completed via the function in the web app, the User is notified of any existing, not-yet-used token balance and must expressly confirm the deletion. Upon deletion of the account — whether by the User themselves or by a justified termination by the Provider due to a serious breach of contract for which the User is responsible — all tokens not yet used at that time expire without compensation. Mandatory statutory claims of consumers remain unaffected.
3. The Provider may terminate the user relationship extraordinarily and without notice for good cause. Good cause exists in particular in the case of serious or repeated breaches by the User of § 11 (User obligations) despite a warning.

undo § 9 Right of Withdrawal for Consumers (FAGG)

This § 9 applies only to Users who are consumers within the meaning of § 1 KSchG.

1. Consumers have the right to withdraw from a contract concluded at a distance within 14 days without giving reasons (§ 11 FAGG). The withdrawal period begins on the day the contract is concluded.
2. To exercise the right of withdrawal, a clear statement suffices (e.g. email to kontakt@automagisch.at or a letter to the address stated above). The consumer may use the model withdrawal form in the annex to these T&C; however, this is not mandatory. To meet the deadline, it is sufficient to send the withdrawal statement within the period.
3. Consequences of withdrawal: If the consumer withdraws, the Provider shall refund all payments received without undue delay, at the latest within 14 days of receipt of the withdrawal statement, using the same means of payment the consumer used, unless expressly agreed otherwise.
4. Early commencement of the service (digital services): If the consumer expressly requests that the Provider begin performing the service before the withdrawal period expires (i.e. immediate activation of the Service and of the purchased tokens), and the consumer subsequently withdraws, the consumer must pay the Provider a proportionate amount pursuant to § 16 FAGG for the services already rendered up to withdrawal. Each Generation carried out up to withdrawal is deemed a service already rendered, valued proportionately according to the ratio of tokens used to the token allocation of the purchased package. The right of withdrawal lapses entirely if the service has been fully rendered and the Provider began performance only at the consumer's express request and with the consumer's acknowledgement of the loss of the right of withdrawal upon full performance of the contract (§ 18(1)(1) FAGG).
5. Declaration during the ordering process: Before activation, the consumer activates during the ordering process a separately tickable checkbox, not pre-selected, with the following wording:

   „I expressly request that performance of the service begin before the 14-day withdrawal period expires. I acknowledge that I lose my right of withdrawal (§ 11 FAGG) upon full performance of the contract and that, in the event of withdrawal before full performance, I must pay a proportionate amount (§ 16 FAGG).“

   Without activation of this checkbox, access is only enabled after the withdrawal period has expired. The Provider shall provide the consumer with confirmation of this declaration on a durable medium (§ 7(3) FAGG).

6. For the free Free Trial, there is no refund claim due to the absence of a payment obligation; the statutory right of withdrawal remains unaffected.

verified § 9a Money-Back Guarantee for the First Package

The Provider grants this guarantee voluntarily and in addition to the statutory rights. It applies to all Users, consumers and businesses alike.

1. If the first video created with either Service is not usable for the User, the Provider shall, upon request, refund the full purchase price of the first token package purchased for a fee („first package“). No reason or proof is required.
2. Conditions:
   • the Provider receives the request within 14 days of the purchase of the first package, and
   • no more than 42 tokens (Presenter; roughly one video with 20 slides in one language without an avatar) or 58 tokens (Product Explainer; roughly one product video of 60 to 90 seconds) from the first package have been used by then. The Service with which the first video was created is decisive. Trial tokens (§ 5) and tokens re-credited under § 6(1) are not counted.
3. An informal email to kontakt@automagisch.at is sufficient. The Provider shall refund the purchase price without undue delay, at the latest within 14 days of receipt, using the same means of payment the User used. Upon refund, the remaining balance of the first package lapses.
4. The guarantee applies once per User and only to the first package, even if the same person or company creates several user accounts.
5. The right of withdrawal under § 9 and the statutory warranty (§ 12) remain unaffected and are not restricted by this guarantee. If the purchase price has already been refunded for another reason (e.g. withdrawal), there is no further claim under the guarantee.

copyright § 10 Rights of Use

1. Uploaded content: The User retains all rights to the files they upload (e.g. PPTX files, texts, screenshots) and their content. The User grants the Provider the non-exclusive, worldwide right, limited to the duration of the user relationship, to reproduce, technically process and store the uploaded content exclusively for the purpose of providing the contractual service (including the processing required for this by engaged subcontractors, e.g. hosting and AI service providers). Any use beyond this, in particular training the Provider's own AI models with user content, does not take place.
2. Generated content: The User receives an unlimited, non-exclusive, transferable right to use the results generated for them for their own purposes, including commercial purposes. Results generated during the Free Trial may only be used with the watermark included.
3. The Provider gives no warranty that copyright protection arises in AI-generated results or that generated results are free of third-party rights, insofar as such rights stem from the content uploaded by the User.
4. Promotional use in anonymised form: The Provider is entitled to use results created with the Service (in particular videos and presentations), as well as excerpts, still images and aggregated metrics derived from them, for its own advertising, demonstration and reference purposes, but exclusively in anonymised form. Anonymised means that all information permitting conclusions about the User, their customers or other data subjects is removed or obscured – in particular names, logos, trade marks, contact details, personal data and confidential business information. Specific content attributable to the User will not be published without their separate consent. The User may object to this anonymised use at any time with effect for the future, informally by e-mail to kontakt@automagisch.at.
5. Reference naming: Naming the User as a reference customer using their name, company or logo, as well as publishing non-anonymised results, requires the User’s separate, express consent (e.g. by e-mail or via a corresponding setting in the user account). Such consent is voluntary, is not a precondition for using the Service and may be withdrawn at any time with effect for the future. Following withdrawal, the Provider will remove the content in question from the media under its control within a reasonable period; uses already made in printed or distributed materials remain unaffected.
6. All rights to the software, the website and the Provider's systems remain with the Provider or its licensors.

rule § 11 User Obligations

1. The User warrants that they hold all necessary rights to the uploaded files (in particular copyright, ancillary copyright, trademark and personality rights) or have the corresponding consents or licences to have them processed for the purpose of Generation.
2. In particular, the uploading and generation of content is prohibited where such content
   • violates applicable law (including criminal law provisions, the Prohibition Act, copyright, data protection law, personality rights, competition law);
   • infringes the rights of third parties;
   • contains malware or may impair the security, integrity or availability of the Service.
3. Also prohibited are: circumventing technical restrictions (including the watermark during the Free Trial), automated bulk access outside the intended functions, reverse engineering (unless mandatorily permitted by law, cf. § 40e UrhG), as well as subletting or offering the Service as one's own service to third parties without a separate agreement.
4. In the case of a justified suspicion of violations, the Provider may block or delete the content concerned and — after an unsuccessful warning, or in the case of serious violations also immediately — block the account. The Provider will inform the User of blocks, stating the reasons, insofar as no legal grounds preclude this.
5. The User shall indemnify and hold the Provider harmless against all third-party claims arising from a culpable breach by the User of the obligations under this § 11, including the reasonable costs of legal defence. Vis-à-vis consumers, this applies only in the case of fault and within the framework of the statutory rules on damages.
6. The User is responsible for backing up their uploaded original files themselves; the Service is not an archiving or backup service.

verified § 12 Availability; Warranty

1. The Provider renders the Service with reasonable care in accordance with the state of the art. The Provider endeavours to achieve high availability but does not owe uninterrupted availability. Excluded from availability are, in particular, announced maintenance windows, outages due to force majeure, and disruptions beyond the Provider's control (e.g. outages of upstream AI or infrastructure providers).
2. The statutory warranty rules apply. Vis-à-vis consumers, the Consumer Warranty Act (VGG) applies to the provision of digital services, including the Provider's obligation to provide the updates necessary for conformity during the supply period (§ 7 VGG).
3. Vis-à-vis entrepreneurs the following applies: the statutory warranty period remains applicable; the reversal of the burden of proof under § 924 ABGB is excluded; defects must be reported in writing within a reasonable period after discovery (§ 377 UGB applies mutatis mutandis).
4. No warranty exists for defects attributable to faulty files provided by the User, improper use or interventions by the User.

balance § 13 Liability

1. The Provider is liable without limitation for damage arising from injury to life, body or health, and for damage based on intent or gross negligence.
2. In the case of slight negligence, the Provider is not liable — except for personal injury. Vis-à-vis entrepreneurs, liability for slight and gross negligence is additionally limited in amount to the fees paid by the User in the 12 months before the damaging event, and liability for lost profit, indirect damage, consequential damage and loss of data is excluded; this does not apply in the case of intent.
3. Vis-à-vis consumers, the limitations of liability apply only insofar as they are permissible under § 6(1)(9) KSchG; liability for personal injury and for damage caused intentionally or through gross negligence is not excluded or limited vis-à-vis consumers.
4. The Provider is not liable for the substantive accuracy, completeness or suitability of AI-generated results for a particular purpose (§ 2(4)); the obligation to check lies with the User. Mandatory statutory liability remains unaffected.
5. Mandatory statutory liability provisions (in particular under the Product Liability Act) remain unaffected.

privacy_tip § 14 Data Protection

edit_document § 15 Amendments to the T&C

1. The Provider may amend these T&C insofar as this is objectively justified due to changed legal or technical framework conditions, changes in case law, further development of the Service or to close regulatory gaps, and the amendment is reasonable for the User. Amendments to the main contractual obligations (scope of services and remuneration) to the detriment of the User are not possible by this route and require express consent; they also always take effect only for future orders, not retroactively for tokens already purchased.
2. Amendments affecting the ongoing user account (e.g. provisions on rights of use, user obligations or liability) will be announced to the User at least two months before they take effect, by email to the address on file. If the User does not object by the time the amendment takes effect, the amendments are deemed approved, provided the Provider expressly pointed out in the announcement the significance of remaining silent, the possibility of objecting and the deadline (cf. § 6(1)(2) KSchG). If the User objects, the previous terms continue to apply to their existing user account; in this case the Provider may terminate the user relationship under the conditions of § 8(3).
3. In the event of an announced amendment, consumers may always delete their user account free of charge with effect from when the amendment takes effect; this is pointed out in the announcement.

forum § 16 Consumer Dispute Resolution

1. The Provider is not obliged, and is currently not willing, to participate in alternative dispute resolution proceedings before a consumer arbitration body within the meaning of the Alternative Dispute Resolution Act (AStG).
2. Complaints can be sent at any time to kontakt@automagisch.at; the Provider endeavours to find amicable solutions.

gavel § 17 Final Provisions

1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. Vis-à-vis consumers with their habitual residence in another state, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their state of residence (Art 6(2) Rome I Regulation).
2. The place of jurisdiction for contracts with entrepreneurs is the court with subject-matter jurisdiction in Vienna Liesing. For actions against consumers, the statutory place of jurisdiction applies (§ 14 KSchG).
3. Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions remains unaffected. Vis-à-vis consumers, the statutory rule replaces the invalid provision; a validity-preserving reduction does not take place in consumer transactions.
4. The Provider may transfer rights and obligations under the contract to a legal successor only with the User's consent; consent may be refused only for good cause. Vis-à-vis consumers, an assignment of contract always requires their consent.

attach_file Annex: Model Withdrawal Form (for consumers)

(If you wish to withdraw from the contract, please complete this form and return it — use is voluntary.)