1. Scope
These T&Cs apply to all contracts between Mathias Kniepeiss, trading as ENDLIVITY Creative Labs ("Contractor"), and clients. Services include: AI-driven image, video and content production; AI video-to-video; workshops, masterclasses, training, talks; consulting, strategy, concept; AI Inhouse Solutions (AI systems, custom AI software, workflows, automations, AI agents, integration of external AI models/APIs, AI pipelines, prompt frameworks). Deviating client terms apply only with written acceptance.
2. Conclusion of contract
Offers are non-binding. The contract is concluded by written acceptance, electronic confirmation or by use of the service.
3. Scope & system character
The scope follows from the offer/contract. AI Inhouse Solutions are individual development, configuration and consulting services · not standard software. No specific suitability is warranted unless agreed in writing. Changes to third-party models/APIs are outside our control.
4. Use of artificial intelligence
Generative AI is non-deterministic. Outputs may be incomplete, erroneous or unpredictable and do not replace client review. We give no guarantee of permanent availability, error-freeness, hallucination-freeness, third-party rights compliance of individual outputs, or future model compatibility.
5. Rights clearance
Clearance of all IP, copyright, trademark, personality and data protection rights of materials supplied by the client (training/reference data, logos, designs, person likenesses, voices) is the client's sole responsibility. The Contractor is not liable; the client indemnifies the Contractor against third-party claims.
6. Personality rights
Required consents (model releases) lie with the client. The Contractor's liability is excluded in this regard.
7. Usage rights & software character
Unless agreed otherwise, the client receives a simple, non-exclusive, non-transferable usage right for the agreed purpose. For AI software, agents, workflows and pipelines: no claim to source code, training data, prompt logic, exclusivity or maintenance beyond the contract term. Extended rights require separate written agreement and remuneration.
8. Cooperation duties
The client provides required information, data, access and approvals on time and is responsible for accuracy, lawfulness and review. Delays from missing cooperation are at the client's expense.
9. Remuneration
All prices net plus statutory VAT. Payment within 14 days unless otherwise agreed. In case of default, services may be suspended; statutory interest applies (Austrian UGB §§ 352, 456).
10. Warranty
The Contractor owes professional service performance, not a particular economic outcome. Warranty for AI outputs or AI software results is excluded as far as legally permissible.
11. Liability
The Contractor is liable, as far as legally permissible, only for intent and gross negligence. Excluded in particular: damages from AI outputs, AI-based business decisions, consequential and indirect damages, lost profits, third-party claims (IP, personality, data protection). Consumer rights under KSchG remain unaffected.
12. Confidentiality
Both parties shall treat confidential information of the other party as confidential and use it only for performance of the contract. This obligation survives the contract for three years.
13. Data protection
Processing of personal data follows the GDPR and Austrian DSG. See Privacy Policy.
14. Term & termination
Contracts end with full performance. Continuing obligations may be terminated with 30 days' notice to month-end. The right to extraordinary termination remains unaffected.
15. Final provisions
Austrian law applies, excluding the UN CISG and conflict-of-laws rules. Place of performance and jurisdiction is · as far as legally permissible · the Contractor's seat (Vienna). If individual provisions are invalid, the validity of the remaining provisions remains unaffected.