General Terms and Conditions (GTC)
CFS – Consulting, Franchise & Sales GmbH
Heinrichstraße 145, 8010 Graz
Version 08/2026
1. Subject Matter of the Services
CFS provides, in particular, language services, translations, services in plain and easy-to-read language, SaaS offerings (in particular capito.ai), software development, consulting, training and integration services, as well as AI-supported solutions and partner networks. The specific scope of services shall be determined by the offer, contract or service description.
2. Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between CFS and the customer. Any deviating terms and conditions of the customer shall apply only with the express written consent of CFS.
3. Conclusion of Contract
A contract is concluded by acceptance of an offer, written order confirmation, signing of a contract or an order placed via CFS systems. Automatic confirmations of receipt shall not constitute acceptance of a contract.
4. Prices and Payment Terms
- All prices are net prices plus statutory value-added tax.
- Invoices are due for payment within 14 days from the invoice date.
- In the event of default in payment, the statutory provisions shall apply.
- CFS shall be entitled to suspend services in the event of default in payment.
- Delivered products, documents and data carriers shall remain the property of CFS until payment has been made in full.
- The customer shall only be entitled to set off claims that have been finally adjudicated by a court or acknowledged by CFS.
5. SaaS Services and Availability
SaaS services shall be provided in accordance with the applicable service description.
Availability of 100% cannot be technically guaranteed. Scheduled maintenance, security updates and disruptions outside CFS’s sphere of influence shall not be deemed downtime.
Unless a Service Level Agreement (SLA) has been expressly agreed, CFS shall not owe any specific availability or response time.
CFS shall be entitled to further develop, adapt or modify SaaS services or individual functions, provided that this does not impair the essential purpose of the contract. If a change results in a material restriction of the customer’s possibilities of use, the customer may terminate the contract for good cause as of the effective date of the change.
The customer is responsible for the secure safekeeping of its access credentials. Access credentials must not be disclosed to unauthorised persons. Suspected cases of misuse or unauthorised access must be reported to CFS without undue delay.
The customer is responsible for regularly backing up its data stored outside the SaaS platform.
In the event of default in payment, CFS shall be entitled to temporarily block access to SaaS services until full payment has been received.
After termination of the contract, the customer may export its data covered by the contract within 30 days after the end of the contract, provided this is technically possible. Thereafter, CFS shall be entitled to delete the data in accordance with statutory retention obligations.
6. Software Development and Contracted Works
Where software development or custom adaptations are owed, acceptance shall be carried out by the customer without undue delay after provision, but no later than within 14 calendar days. Acceptance shall be deemed to have occurred if the customer does not notify CFS in writing of any material defects within this period or uses the software productively. Material defects are defects that substantially impair the contractual use of the software.
Minor defects shall not entitle the customer to refuse acceptance.
7. Term and Termination of Subscriptions and Annual Licence Agreements
Monthly subscriptions may be terminated as of the end of the respective billing period. Annual subscriptions and annual licence agreements shall each be renewed for a further year unless terminated at least eight weeks before expiry. The right to terminate for good cause shall remain unaffected.
7.1 Price Adjustments for Recurring Services
CFS shall be entitled to adjust fees for recurring services annually in line with the development of the Consumer Price Index (CPI 2020 of Statistics Austria) or any index replacing it. The basis shall be the index figure published for the month in which the contract was concluded.
CFS shall furthermore be entitled to adjust fees for recurring services appropriately if cost factors material to the provision of the services change substantially. The customer shall be informed of a price adjustment at least 30 days before it takes effect. In the event of material price changes, the customer may terminate the contract for good cause as of the effective date of the change.
8. Customer’s Duties to Cooperate
The customer shall provide all information and documents required for the performance of the contract in due time. Delays resulting from a lack of cooperation shall extend agreed deadlines by a reasonable period.
The customer shall be responsible for the accuracy, completeness and lawfulness of the content, data and documents provided by the customer.
The customer warrants that it holds all rights required in respect of the content, data and materials provided. The customer shall indemnify and hold CFS harmless against third-party claims arising from CFS’s contractual use of such content.
9. Rights of Use and Intellectual Property Rights
All copyrights, trademark rights, database rights, source codes, concepts, methods and other intellectual property rights in CFS’s services shall remain with CFS or the respective rights holders.
9.1 SaaS Products
For SaaS products and online platforms of CFS, the customer shall receive, for the term of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right of use for contractual use.
Use shall be permitted exclusively for the customer’s own purposes. Any transfer, rental, lease, disclosure, sublicensing or other provision to third parties, whether for consideration or free of charge, shall be permitted only with the express written consent of CFS.
9.2 Work Results and Content
Upon full payment, CFS grants the customer an unrestricted right of use, unlimited in time, territory and content, in the texts, translations, analyses, reports, documents and other work results created within the scope of the order, to the extent that such rights may arise for CFS.
The customer shall be entitled to use, reproduce, edit, publish and disclose such work results to third parties without restriction.
This shall also apply to content created, generated or processed by the customer using CFS’s services, software or AI systems.
CFS does not assert any proprietary claims to content generated by the customer using capito.ai.
9.3 Protection of the Platform
The customer is not entitled to:
- copy, modify or decompile source code, models or technical components of the platform, unless this is mandatorily permitted by applicable law;
- circumvent protection mechanisms;
- use or have the platform analysed for the development of competing offerings.
9.4 Tender Documents
Ideas, concepts, presentations, solution approaches and tender documents of CFS shall remain the intellectual property of CFS even if no contract is concluded. They may not be used or disclosed to third parties without the written consent of CFS.
10. AI-Supported Services
Results of AI-supported services may be generated automatically and may require professional review by the customer. CFS does not warrant absolute freedom from errors in AI-generated results.
CFS uses the data, texts or inputs (prompts) provided by the customer exclusively for the purpose of providing the contractually owed service. Unless expressly agreed otherwise or released by the customer, CFS does not use such data to train general or third-party AI models.
The customer remains responsible for the professional, legal and regulatory review of the generated results. AI-generated content must not be used without review for legal, regulatory or otherwise risk-relevant decisions.
11. Events, Training Courses and Continuing Education
11.1 Registration
Registrations for events, training courses and workshops are binding. A contract is concluded upon confirmation of registration by CFS. The entitlement to participate is generally non-transferable.
11.2 Cancellation
Unless otherwise agreed in the offer or in the participation terms, cancellation free of charge is possible up to 21 calendar days before the start of the event. Thereafter, CFS shall be entitled to charge reasonable cancellation fees.
Scale of Cancellation Fees
- 14–21 days: 50%
- 3–13 days: 75%
- less than 3 days: 100%
11.3 Cancellation by CFS and Programme Changes
CFS shall be entitled to cancel or postpone events for good cause, in particular in the event of the unavailability of speakers, an insufficient number of participants or force majeure. Participation fees already paid shall be refunded in such case. Any further claims are excluded to the extent permitted by law.
11.4 Training Materials
Training and event materials are protected by copyright. They may be used exclusively for the customer’s own purposes. Reproduction, publication or disclosure to third parties is permitted only with the prior written consent of CFS.
12. Warranty
The statutory warranty provisions shall apply. In the case of services, CFS does not owe any specific economic success unless this has been expressly agreed.
13. Liability
CFS shall have unlimited liability for damage caused by wilful misconduct or gross negligence, as well as for personal injury.
In business transactions with entrepreneurs, CFS shall not be liable for damage caused by slight negligence. This exclusion of liability shall not apply to personal injury or to cases in which liability is mandatorily prescribed by law.
Where CFS is liable and no mandatory statutory liability provides otherwise, liability per damaging event shall be limited to the amount of the net fee agreed for the respective order, but in any event no more than the coverage amount available under CFS’s business liability insurance.
To the extent permitted by law, liability for loss of profit, expected but unrealised savings, indirect damage, consequential damage, pure financial loss and damage arising from third-party claims is excluded.
CFS shall be liable for the loss of data only to the extent that the damage would also have occurred if the customer had performed proper, regular data backups in accordance with the state of the art.
The foregoing limitations of liability shall apply to consumers only to the extent that they are compatible with mandatory consumer protection provisions.
14. Data Protection, Data Processing, Audits
CFS processes personal data in accordance with the requirements of the GDPR. Where required, the parties shall enter into a Data Processing Agreement (DPA) pursuant to Article 28 GDPR.
CFS implements appropriate technical and organisational measures (TOMs) to ensure data security in accordance with the state of the art. Where the customer is required to conduct audits due to statutory or regulatory provisions, including, for example, financial market or data protection supervisory requirements, CFS shall support such audits to a reasonable extent following prior notice and during normal business hours. Any effort incurred by CFS in this respect shall be remunerated by the customer. Audits must not unreasonably interfere with CFS’s business operations.
15. Use of Subcontractors
CFS shall be entitled to engage subcontractors. Data-protection-relevant subprocessors shall be bound in accordance with Article 28 GDPR. An up-to-date list may be provided upon request.
CFS shall ensure that any subprocessors engaged are contractually subject to at least the same data protection obligations as CFS.
Material changes to data-protection-relevant subprocessors shall be notified to the customer upon request.
16. Confidentiality
Both parties undertake to maintain confidentiality with respect to all non-public information that becomes known to them in the course of the cooperation. The confidentiality obligation shall continue to apply after termination of the contractual relationship.
17. Force Majeure
Neither party shall be liable for delays or failures in performance due to force majeure or comparable events beyond its reasonable control.
18. Reference Naming
CFS shall be entitled to name the customer as a reference customer with the customer’s prior consent.
19. Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal of 14 days in the case of distance contracts. The complete withdrawal instructions and a model withdrawal form shall be made available to consumers during the ordering process or as an annex to the contract.
20. Final Provisions
The provision of services is subject to the condition that performance is not prevented by any obstacles arising from national or international foreign trade law provisions, embargoes or other sanctions.
Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction for entrepreneurs shall be Graz. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.