TERMS OF USE
by Anton Hörl, hereinafter referred to as Anton Hörl.
LAST UPDATED ON 19TH OF MARCH 2025
Preamble
Anton Hörl. Anton Hörl, Sonnberg 170, 5771 Leogang, is the provider of the SAGLY application. This is a platform that allows users to perform the setup and maintenance of their mountain bikes at any time, and where riding technique tips are provided to users in video and text format.
Platform “SAGLY”. Anton Hörl acts solely as a platform provider. Each user is solely responsible for entering the necessary data.
Scope
Contractual Basis. Anton Hörl enters into contracts and provides services exclusively on the basis of written offers prepared by Anton Hörl, as well as the respective valid versions of any descriptions of services included in the offer (e.g., individual documents or general brochures), price lists, and these terms of use.
The descriptions of services, price lists, and terms of use apply — insofar as they are not project-specific (e.g., individual documents) — to all legal relationships between Anton Hörl and the client, and from the first conclusion of a contract, they automatically form the basis for all further contracts between Anton Hörl and the respective client in their most current version, even if these price lists, product descriptions, and terms of use are not explicitly referenced again.
Future Amendments. Changes to the descriptions of services, price lists, and terms of use by Anton Hörl will be communicated to the client in writing and will be deemed agreed upon if consumers do not object within four weeks or entrepreneurs do not object within two weeks.
Future Amendments. Changes to the descriptions of services, price lists, and terms of use by Anton Hörl will be communicated to the client in writing and will be deemed agreed upon if consumers do not object within four weeks or entrepreneurs do not object within two weeks. From the effective date of the new agreement, the changes to the terms of use will also apply to all other ongoing contracts.
Supplementary Agreements. All forms of supplementary agreements, both prior to the conclusion of the contract and during the contract term, must be made in writing to be valid. For entrepreneurs, this also applies to any deviation from the requirement of written form.
Contractual Components from the Client.
Requirements regarding the scope of services provided by the client will only become part of the contract — even if Anton Hörl is aware of them — if they are integrated into the offer by Anton Hörl or explicitly accepted by Anton Hörl, for example, through references to these requirements.
Legal elements provided by the client, such as general terms and conditions or contractual clauses, will only be valid — even if Anton Hörl is aware of them — if they are accepted by Anton Hörl with an explicit notation expressly referring to these legal texts (e.g., “T&Cs accepted”). Otherwise, Anton Hörl expressly rejects the inclusion of legal elements such as general terms and conditions or contractual clauses from the client.
The mere acceptance by Anton Hörl of the client’s requirements regarding the scope of services does not constitute acceptance of the client’s legal texts, even if these requirements contain legal elements (e.g., “Our general terms and conditions apply.”).
Procedure in Case of Conflicts.
In the event of conflicts between the offer, any descriptions of services (project-specific documents, general documents), any price lists, and the terms of use of Anton Hörl, they shall apply in the order mentioned. The more specific components automatically amend the more general components of the contract.
In the event of conflicts between contractual elements from Anton Hörl and contractual elements from the client, all contractual elements from Anton Hörl shall take precedence.
Procedure in Case of Invalidity for Entrepreneurs.
If individual provisions of the contract are invalid or unenforceable, then in contracts with entrepreneurs, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose and intent of the invalid provision.
Conclusion of Contract
Offer by Anton Hörl.
Offers made by Anton Hörl to the client, e.g., in the form of an individual offer to the client or a non-individualized offer such as an order form, catalog, or webshop, are always non-binding and subject to change.
Offer by the Client.
If the client places an order based on an offer or even unsolicited, i.e., without a prior offer from Anton Hörl (for example, for additional orders within ongoing business relationships), the client is bound to this order for two weeks if acting as an entrepreneur or for one week if acting as a consumer from the time the order is received by Anton Hörl.
Acceptance by Anton Hörl.
The contract is only concluded upon acceptance of the order by Anton Hörl.
Acceptance generally takes place through an order confirmation unless Anton Hörl indicates acceptance, for example, by taking visible action based on the order recognizable to the client.
A mere acknowledgment of receipt of the order does not constitute acceptance of the order.
Receipt.
If electronic means of communication or an electronic order management system to which both parties have access are used for making offers and accepting them, any declarations made on working days, i.e., Monday to Friday excluding Austrian public holidays, between 8:00 a.m. and 4:00 p.m., shall be deemed received on the same day. Declarations made outside these times shall be deemed received at 8:00 a.m. on the next working day.
Scope of Services, Order Processing, and Client’s Duty to Cooperate
Place of Performance for Entrepreneurs.
The place of performance for contracts with entrepreneurs is the registered office of Anton Hörl.
Scope of Services.
The scope of services to be provided is set out in the written service description from Anton Hörl, which results from all contractual components.
Information from other sources not included in the offer (e.g., presentation materials, websites, or catalogs) does not form part of the service description.
The client is obligated to check the service description for conformity with their requirements. After placing the order, changes to the service description are only possible by mutual agreement and may, in particular, lead to changes in prices, deadlines, and schedules.
Information for Contracts with Entrepreneurs.
The information obligations stipulated in § 9 para. 1 items 1-4 of the Austrian E-Commerce Act (ECG) are waived by Anton Hörl.
Proper Execution of Services.
Unless otherwise specified in the written service description, Anton Hörl owes a professionally executed service according to the standards at the time the offer is made. Within the framework of the written service description, Anton Hörl has creative freedom in executing the services, provided there are multiple professionally acceptable ways to perform them.
Interchangeable Services for Entrepreneurs.
As long as it aligns with the objectives of the order, Anton Hörl is entitled, in contracts with entrepreneurs, to deviate from the service description and replace services with other equivalent services.
Third-Party Services / Third Party Products.
Anton Hörl is entitled to perform services personally or to use third-party components, interfaces, data, rights, and other services or products (Third-Party Services / Third Party Products) in the provision of services.
Agreed Third-Party Services / Third Party Products.
If the services provided by Anton Hörl contractually include specifically defined components, interfaces, data, rights, or other services or products from third parties, these components, interfaces, data, rights, and other services or products from third parties shall be considered agreed third-party services / Third Party Products.
In this case, Anton Hörl’s contractual obligation is limited solely to the professional commissioning, coordination, and processing of these services, but not to the proper execution of the agreed third-party services / Third Party Products.
Integration of Services, Products, Data, and Rights by the Client.
If the client, within the scope of hosting provided by Anton Hörl, processes or integrates components, interfaces, data, rights, or other services or products of the client or third parties, Anton Hörl acts solely as a hosting provider with regard to these services, products, data, and rights.
Deadlines and Timeframes.
Dates or deadlines provided by Anton Hörl are non-binding unless they are expressly marked as binding. An exception applies to delivery dates and deadlines indicated in the webshop for contracts with consumers.
Contract Term.
The contract concluded between Anton Hörl and the client is automatically extended by one year unless the client terminates the contract with a notice period of 1 month.
Additionally, the client has the option to conclude a monthly subscription, which can be canceled at any time. If the client does not cancel, the subscription is automatically extended by another month.
Unforeseeable or Unavoidable Events.
Unforeseeable or unavoidable events — in particular, delays by the client in fulfilling their obligations and unforeseeable and unavoidable delays for Anton Hörl or Anton Hörl’s contractors — extend deadlines or postpone dates by the duration of the unforeseeable and unavoidable event, plus the time needed for necessary organizational measures in such a case. Anton Hörl will inform the client of this in writing.
Client’s Duty to Cooperate.
The client must promptly, without being requested, and in a processable form, provide Anton Hörl in writing with all information and deliver all services necessary for Anton Hörl to perform the agreed services.
This includes, in particular, providing a contact person for contract management, supplying documents, materials, and facilities, coordinating on project details, and approving (accepting) partial and final services.
If the need to provide certain information or services by the client only becomes known during the performance of services by Anton Hörl, the client must supply these immediately.
The client is responsible for reviewing all information and services they provide for suitability, accuracy, and legality.
The client is liable for all damages caused by inadequate, delayed, or omitted cooperation, including any additional expenses incurred by Anton Hörl as a result. If Anton Hörl is unable to perform the services as agreed due to such inadequate, delayed, or omitted cooperation, Anton Hörl is entitled — without prejudice to other rights — to suspend performance, prioritize services for other clients, and resume services for the client only once the client has fulfilled their obligations. This will result in all dates and deadlines being postponed accordingly.
If Anton Hörl is held liable by third parties due to legal violations related to information or services provided by the client, the client must fully indemnify and hold Anton Hörl harmless and assist in defending against any third-party claims.
Scope of Anton Hörl’s Duty to Review.
Anton Hörl shall perform services in such a way that they are not inherently unlawful (e.g., using copyrighted material without the author’s consent). However, Anton Hörl is not obliged to conduct a legal review of whether the services provided infringe upon third-party rights or violate laws based on the client’s intended use (e.g., using a graphic as a logo).
Scope of the Client’s Duty to Review.
The client is responsible for ensuring that Anton Hörl’s services meet all legal requirements applicable to the client’s intended use, especially in terms of administrative, criminal, competition, trademark, design protection, copyright, personality, and data protection law. The client must conduct these legal reviews personally or engage a qualified legal expert.
Rights to the Services.
In principle, all rights to the agreed services belong to Anton Hörl or Anton Hörl’s licensors. The client is granted the right to use the services after full payment of the agreed fee, within the scope agreed upon with Anton Hörl or defined by the licensors.
If no license scope is agreed upon, the client is granted a non-exclusive, non-transferable, and non-sublicensable right of use for internal business purposes. The right to modify the services is limited to what is legally indispensable.
The client acknowledges that the services provided by Anton Hörl often build upon third-party works or services subject to various licensing terms. The client is obligated to comply with these third-party license terms, insofar as these third-party works are part of Anton Hörl’s services.
Rights to the Final Product.
The client has the right to use the agreed service solely in its final form as a finished product but does not have the right to receive the underlying materials, tools, intermediate results, etc., required to create the services. Unless otherwise agreed, Anton Hörl is not obligated to store such materials, tools, or intermediate results after completion of the project.
Service Level and Support
Standard Service Level.
The following clauses define the standard service level of Anton Hörl for users of the platform. Unless additional service, maintenance, or similar agreements have been made, Anton Hörl is not obliged to provide any services beyond what is stated here.
Help Pages / FAQ.
The first point of contact for users of the platform is the help page at: HELP PAGE
Communication via E-Mail.
To resolve inquiries, Anton Hörl offers users support via e-mail at anton@sagly.at during service hours.
Service Hours.
The service hours of Anton Hörl are Monday to Thursday from 9:00 a.m. to 4:00 p.m. (CET) and Fridays from 9:00 a.m. to 12:00 p.m. (CET), excluding public holidays in Austria.
Languages.
Communication with Anton Hörl must be conducted in German or English.
Further Development.
The software SAGLY provided by Anton Hörl, as well as the underlying infrastructure, is continuously being developed both technically and in terms of content.
Anton Hörl is entitled to introduce new features, formats, and content, as well as to modify or discontinue existing features, formats, and content. If suggestions from the client are incorporated into the further development of the SAGLY software, the client transfers any related rights to Anton Hörl comprehensively but non-exclusively so that Anton Hörl can make the result available to all customers.
Updates.
If Anton Hörl enhances existing modules with new or modified functions as part of a newer version of SAGLY, the client is entitled to use these additional functions at no extra cost.
Upgrades.
If Anton Hörl develops new modules for the SAGLY application, Anton Hörl is entitled, at its own discretion, to offer these modules as free or paid add-ons.
System Requirements.
As part of the further development and introduction of new functions and modules, it may be necessary due to technical reasons that the system requirements for using Anton Hörl’s services change.
Error Resolution
Error Classes.
The parties agree to the following error classes for the classification of errors and malfunctions:
Class 1. The use of the SAGLY platform is impossible or unreasonably restricted. The error has a serious impact on essential functions and/or the security of the platform; the service cannot be used further.
Class 2. The practical use of the SAGLY platform is seriously restricted. The error has a significant impact on functions and/or the security of the SAGLY platform but still allows continued use of the service.
Class 3. The practical use of the SAGLY platform is slightly restricted. The error has a minor impact on the functionality and/or security of the SAGLY platform and still allows further use of the platform with only minor limitations.
Class 4. The practical use of the SAGLY platform is possible without restrictions. The error has no or only negligible impact on the functionality and/or security of the SAGLY platform. The use of the platform remains fully available.
Response and Resolution Time.
An appropriate response time until the start of error resolution or damage assessment is defined as one day for Class 1 errors, 7 days for Class 2 errors, 2 weeks for Class 3 errors, and 6 weeks for Class 4 errors.
These timeframes refer to the service hours of Anton Hörl at the time of contract conclusion or as later mutually amended.
The error resolution or damage assessment must be carried out using resources appropriate to the error class that enable a swift resolution and must be continued without unnecessary delay until completion after the start of the resolution process.
Fees
Prices.
All prices are quoted from the registered office of Anton Hörl in euros, plus VAT for contracts with entrepreneurs, and including VAT at the statutory rate for contracts with consumers.
Flat Fee Billing.
In the case of a flat fee, this covers all services necessary to perform the agreed scope of work. Excluded are costs arising from unforeseeable events, additional costs due to the client’s non-compliance with contractual obligations, and additional costs due to hidden defects in client-supplied materials.
Billing Based on Actual Effort.
If billing is based on actual effort, invoicing is done according to the actual time spent. Billing on an effort basis applies when the estimated effort is indicated as approximate, expected, or estimated.
Hourly Pool.
If an hourly pool is agreed upon for a specific period, it serves to ensure a minimum availability of Anton Hörl for the client during that period.
Unused hours cannot be carried over to subsequent periods and will expire without entitling the client to a price reduction.
If the hourly quota is insufficient, Anton Hörl will notify the client as early as possible. Exceeding the hourly quota is only permitted with the client’s consent unless such an overrun is necessary to take urgent measures to prevent damage to the client and it is not possible to obtain consent in time.
Additional Services.
All services provided by Anton Hörl that are not explicitly covered by the agreed fee, particularly additional services agreed upon later, will be invoiced separately.
Payment Schedule.
The client must make partial payments of equal amounts at the time of order placement, upon completion of the overall project, and upon reaching any agreed project milestones.
Partial Services.
Anton Hörl is also entitled to invoice for partial services. Partial services include, in any case, the individual items listed in the service description and, in the case of agile project management, the services provided in each sprint.
Advance Payment.
Additionally, Anton Hörl is entitled to request advance payments to cover the full value of the next partial services to be provided, particularly in the case of new clients, when passing on costs for agreed third-party services, in case of apparent financial difficulties, previous payment defaults, or signs of unwillingness to pay on the part of the client.
Price Adjustment.
For contracts of indefinite duration and contracts with automatic renewal, Anton Hörl is entitled to adjust prices annually based on the Consumer Price Index published monthly by Statistik Austria or a successor index.
The reference value for this contract is the index figure for the month preceding the month of contract conclusion. Fluctuations in the index figure downward are not taken into account. The price adjustment takes place at the end of each calendar year.
Anton Hörl is also entitled to make a reasonable price adjustment after contract conclusion if the costs for services increase by more than 3% for reasons beyond Anton Hörl’s control. The cost increase must be proven by Anton Hörl, and the lack of control over the situation must be demonstrated. In the event of the opposite (i.e., a cost reduction), consumers are also entitled to a price reduction.
Unjustified Withdrawal by Entrepreneurs.
If the client, acting as an entrepreneur, withdraws from the contract in whole or in part without gross negligence or willful misconduct on the part of Anton Hörl, Anton Hörl is still entitled to the agreed fee. In this case, Anton Hörl must only account for any savings from purchases not yet made. The same applies if Anton Hörl withdraws from the contract for an important reason attributable to the client’s sphere of influence.
Payment
Due Date.
Invoices from Anton Hörl are due immediately from the invoice date without any deductions. Services will generally only be provided after full payment.
Payment Period.
Invoices from Anton Hörl must be paid within 7 days of receipt.
Payment for Online Transactions.
For online transactions, invoices from Anton Hörl must be paid upon placing the order.
Bank Transfer.
As a rule, payment must be made by bank transfer to the designated account. Cash payments are excluded.
Other Payment Methods.
The client is also entitled to use any other payment methods offered by Anton Hörl. In this case, the charge will occur at the moment the client makes the payment.
Agreed Third-Party Services.
Anton Hörl is entitled to commission third-party services at their own discretion, either in their own name or on behalf of the client, and either at their own expense or at the client’s expense.
If Anton Hörl concludes the contract in their own name and/or at their own expense, this is done exclusively in the interest of the client to simplify contract and payment processing.
Prohibition of Set-off and Retention.
The client is not entitled to offset their own claims against claims from Anton Hörl, even in the case of related claims, unless the client’s claim has been acknowledged in writing by Anton Hörl or established by a court. A right of retention in favor of the client is excluded.
Payment Default.
In the event of late payment, statutory interest applicable between businesses will apply for contracts with entrepreneurs, but at least 9% per annum. For contracts with consumers, interest of 9% per annum will be charged. The client is also responsible for all costs and expenses associated with the collection of claims, in particular collection fees or other costs necessary for appropriate legal action.
Continued Payment Default.
After an unsuccessful reminder granting a grace period of at least 7 days, Anton Hörl is entitled to immediately invoice and make due all services and partial services already provided under this or other contracts with the client and to temporarily suspend the provision of any unpaid services until all outstanding payments have been fully settled.
After a further unsuccessful reminder sent directly to the client’s management, again with a grace period of at least 7 days, Anton Hörl is entitled to withdraw from all contracts and claim compensation for lost profits. Anton Hörl is also entitled to cease or refuse to perform services that have already been paid for.
Regardless of these options, Anton Hörl may, of course, also file a lawsuit in court immediately after the payment due date has passed.
Data Protection Information Regarding This Contract
Data from This Contract.
As part of providing the SAGLY platform, Anton Hörl collects personal data of the contracting partner in accordance with Art. 6 para. 1 lit. b GDPR for the purpose of fulfilling the contract. In addition, personal data of the contracting partner is processed to fulfill legal obligations pursuant to Art. 6 para. 1 lit. c GDPR (e.g., accounting purposes). According to Art. 6 para. 1 lit. f GDPR, Anton Hörl also processes the personal data of the contracting partner for documentation of the business relationship.
Mandatory Data Provision / Consequences of Non-Provision.
There is no legal or contractual obligation to provide the personal data of the contracting partner. However, if the contracting partner does not provide Anton Hörl with the personal data necessary for fulfilling the contract prior to contract conclusion, Anton Hörl will not be able to make an offer or conclude a contract with the contracting partner.
Retention Period.
Personal data of the contracting partner will be retained for at least seven years in order to comply with legal obligations pursuant to § 132 para. 1 of the Austrian Federal Fiscal Code (BAO). In addition, personal data of the contracting partner will be stored for documentation and legal compliance purposes for up to a maximum of ten years after completion of the orders.
If no contract is concluded between Anton Hörl and the contracting partner, the personal data of the contracting partner will be retained for documentation of the business relationship for approximately twelve months.
Data Disclosure.
All data is subject to the agreed or statutory obligation of confidentiality and the protection of personal data. The personal data of the client will only be disclosed to the following recipients or categories of recipients:
- Banks and payment service providers (for payment processing)
- Shipping service providers (for the delivery of goods and invoices)
- Tax consultants (for bookkeeping in accordance with the Austrian Commercial Code (UGB) and BAO, and preparation of annual financial statements)
- Debt collection agencies (for debt recovery)
- Lawyers (in case of asserting contractual or legal claims)
As part of using the platform, the client’s data will also be shared with the following subcontractors:
- Google Analytics, 601 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Google Firebase, 601 Amphitheatre Parkway, Mountain View, CA 94043, USA
- OpenAI 3180 18th St., San Francisco, CA 94110, USA
- Raygun, L2, 14 Allen Street, Te Aro, 6011 Wellington, New Zealand
- Async Storage, Merrion Road, Dublin 4, D04 X2K5, Ireland
- Revenue Cat, 631-633 Taraval St 101,San Francisco, 94116 CA, USA
- Open Cage, Pappelallee 78/79 10437 Berlin Germany
- Open Meteo, Hintere Schilligmatte 6, 6463 Bürgelen (UR), Schweiz
- Amazon AWS, 410 Terry Avenue North, Seattle, WA 98109-5210, USA
- Mailerlite, 548 Market St, PMB 98174, San Francisco, CA 94104-5401, United States
- Facebook Ads, 1 Hacker Way, Menlo Park, CA 94025, USA
- Branch IO, 195 Page Mill Rd Suite 101 Palo Alto, California 94306 USA
Worldwide Processing.
The processing of the contracting partner’s personal data by Anton Hörl takes place — where possible — exclusively within the European Union.
Processing or transfer of the contracting partner’s personal data to third countries will only occur:
- if it is necessary to fulfill the contract between Anton Hörl and the contracting partner (Art. 49 para. 1 lit. b GDPR), or
- if it is necessary to carry out pre-contractual measures at the request of the contracting partner (Art. 49 para. 1 lit. b GDPR), or
- after informing the contracting partner of the potential risks of data processing in the respective third country where processing is planned and with the express consent of the contracting partner in accordance with Art. 49 para. 1 lit. a GDPR.
The transfer of data to the USA is based on the adequacy decision for the EU–U.S. Data Privacy Framework. Further information about the certification of processors can be found here:
https://www.dataprivacyframework.gov/list.
Right of Withdrawal.
The client has the right to revoke any consent granted at any time. If the consent was given in writing, the revocation must also be made in writing. If consent was given for receiving electronic marketing, revocation can also be done by clicking the unsubscribe link where applicable. In case of revocation, processing will cease unless there is another legal basis for processing. The lawfulness of data processing up to the time of revocation is not affected by the revocation.
Right to Object.
The contracting partner has the right to object to the processing of their personal data pursuant to Art. 6 para. 1 lit. f GDPR. In the event of an objection, their personal data will no longer be processed for direct marketing purposes.
Data Subject Rights.
The contracting partner has the right to access, rectify, and delete their personal data, the right to restrict processing, the right to data portability, and the right to lodge a complaint with the data protection authority.
Liability
Classic Contract for Work and Services.
In the case of a classic contract for work and services, Anton Hörl is liable for achieving the agreed result.
Procurement of Resources.
If the client merely procures resources such as working hours, the client is solely responsible for achieving the result. Anton Hörl is only liable for the proper execution of the specifically commissioned partial services.
Intervention by the Client.
If the client independently interferes with Anton Hörl’s services in an unagreed manner or makes undocumented or difficult-to-trace changes, the client is liable for any additional effort incurred by Anton Hörl (e.g., to complete the project, conduct checks, document, identify or allocate defects, or remedy defects).
Obligation to Notify Defects (for Entrepreneurs).
The client must, after a request for interim acceptance by Anton Hörl, upon delivery, or upon the start of live operation, approve (“release”) the delivered or accepted services in writing or report any defects or damages in writing within 8 days.
In the case of interim acceptance, Anton Hörl may only continue work after such interim acceptance/“release.” If no timely acceptance or notification of defects is made, the services are automatically deemed accepted by the client.
Hidden defects or damages that appear after the 8-day period but within open warranty, guarantee, or compensation periods must also be reported within 8 days of discovery.
The client is obligated to report all defects or damages that could have been detected with the diligence of a prudent entrepreneur during appropriate checks.
For interim acceptances, due to their particular importance in preventing defects that may affect subsequent performance steps, the inspection must be final, detailed, and especially careful.
At delivery, the inspection must be a first but thorough review. Upon starting live operation, due to its importance in preventing operational damages, the inspection must again be final, detailed, and especially careful.
The client’s notice of defects must describe the defect or damages in detail and in a way that can be followed. For defects or damages that do not occur consistently, the exact times and conditions of occurrence must be provided. The client must enable Anton Hörl to take all necessary measures to investigate and remedy the defects or damages.
If the client fails to notify defects in time, any warranty, guarantee, compensation claims, and claims under other liability provisions, particularly recourse claims, are excluded.
Warranty.
For consumers, the statutory warranty provisions apply. In addition, any additional guarantees or customer services specified in the product description may apply.
For entrepreneurs, the right to warranty and warranty recourse is limited to six months from delivery. For used goods, the warranty for entrepreneurs is fully excluded.
Deviations from technical ÖNORM standards or the state of the art do not entitle the client to any claims in contracts with entrepreneurs if the functionality of the work is sufficient.
Entrepreneurs are entitled to improvement or replacement, or, in the case of minor defects, to a price reduction, or in the case of major defects, to rescission (cancellation), at Anton Hörl’s discretion. Remedying a defect does not extend the warranty period for entrepreneurs, nor does it restart the period for the part of the service affected by the defect correction.
Update Obligation.
The update obligation pursuant to § 7 of the Austrian Consumer Warranty Act (VGG) is excluded for contracts with entrepreneurs.
Mistake or Lesion Beyond Moiety (Entrepreneurs).
The right to contest the contract due to mistake or lesion beyond moiety (laesio enormis) is excluded.
Compensation and Other Claims.
Claims for damages and other liability-based claims, particularly recourse claims by the client, are excluded to the extent that they are not based on gross negligence or willful misconduct by Anton Hörl in contracts with entrepreneurs, or on gross negligence or willful misconduct in contracts with consumers.
Such claims by entrepreneurs expire six months after becoming aware of the damage and the damaging party; in any case, they expire no later than three years after the act causing the damage.
This liability exclusion does not apply to claims arising from personal injury or other mandatory liability regulations.
No Protection for Third Parties.
It is expressly agreed that this contract does not have protective effects for third parties.
Liability for Agreed Third-Party Services.
In contracts with entrepreneurs, third parties providing agreed third-party services are not vicarious agents of Anton Hörl, are not acting in the interest of Anton Hörl, and are therefore not included in Anton Hörl’s sphere of risk.
For the agreed third-party services themselves — but not for their proper commissioning, coordination, or processing — any fault-based liability of Anton Hörl is limited to the negligent selection of the third party, and any strict (no-fault) liability of Anton Hörl is excluded.
If the third-party services are used at the instruction of the client (i.e., selected by the client) in contracts with entrepreneurs, all liability on the part of Anton Hörl is excluded.
Liability for Free Services.
If Anton Hörl provides services or parts of services free of charge, any liability for these parts is excluded in contracts with entrepreneurs.
Burden of Proof for Entrepreneurs.
A reversal of the burden of proof to the detriment of Anton Hörl is excluded. In particular, the client bears the burden of proving the existence of a defect at the time of delivery, the time the defect was discovered, the timeliness of the defect notification, and the existence and degree of any fault.
Grace Period for Entrepreneurs.
In the event of non-contractual performance, the client is only entitled to assert claims after granting Anton Hörl a written grace period of at least fourteen days. This also applies to the termination of the contract for good cause.
Contract Termination by Entrepreneurs.
Any termination by the client must be declared in writing by registered letter.
Final Provisions
Applicable Law.
All legal relationships and matters between the client and Anton Hörl are subject exclusively to Austrian law, excluding its conflict of law rules.
Mandatory Consumer Protection.
In contracts with consumers, if Anton Hörl’s professional or commercial activities are directed toward the consumer’s home country, the consumer’s rights under the mandatory laws of their place of residence remain unaffected by the choice of Austrian law.
Jurisdiction for Entrepreneurs.
For all disputes between Anton Hörl and entrepreneurs, the competent Austrian court for Leogang is agreed as the place of jurisdiction. However, Anton Hörl also reserves the right to file claims at the general place of jurisdiction of either Anton Hörl or the entrepreneur.
CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Anton Hörl
Sonnberg 170
Leogang, Salzburg 5771
Austria
anton@sagly.at