General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts concerning the use of InsightHub, a software-as-a-service platform for AI-powered customer advisory (chat widget, WhatsApp, telephone), product search, lead management, reviews, surveys, and analytics, offered by SG5 Digital Solutions, Ing. Simon Gorski, MA, Währinger Strasse 80-82/1, 1180 Wien, Österreich (hereinafter the “Provider”).

The offering is directed exclusively at entrepreneurs within the meaning of § 1 Unternehmensgesetzbuch (UGB, Austrian Commercial Code) and § 1 Konsumentenschutzgesetz (KSchG, Austrian Consumer Protection Act). Conflicting or deviating terms of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

2. Subject Matter of the Contract

The Provider makes InsightHub available to the Customer as hosted software over the internet. The specific scope of functions results from the plan selected and the Add-ons booked at the time the contract is concluded, as well as from the product description at www.sg5.biz/products/insighthub/ and the Help. The Provider may further develop the scope of functions, provided that the contractually owed core functions are retained.

• Core functions: AI assistant for website and shop (widget), synchronization of product and content data from connected systems (e.g. WooCommerce, Shopify, WordPress), search and analytics, lead management, review and survey functions, automations.
• Paid Add-ons: in particular the WhatsApp channel (Meta WhatsApp Cloud API) and InsightHub Voice (AI telephone assistant). Add-ons are activated and billed separately.
• Integrations with third-party systems (shop systems, ERP, PMS, Meta, Google) require that the Customer has the necessary access and rights; the Provider is not liable for the availability and functioning of third-party systems.

3. Trial Period and Conclusion of Contract

• The Provider may offer a free trial period of 14 days. The trial period ends automatically; no paid contract is formed unless the Customer actively books a plan.
• The paid contract is concluded by booking a plan in the customer account (completion of the order process) or by an individual offer from the Provider and its acceptance.
• Upon registration, the Customer shall provide truthful information, keep their access credentials confidential, and is responsible for all actions taken through their account. The Provider recommends activating two-factor authentication.

4. Remuneration, Billing, and Payment

• The prices of the selected plan and Add-ons displayed at the time of booking apply. All prices are net, plus statutory value-added tax.
• Billing takes place monthly or annually in advance, depending on the payment interval selected. Payment processing is handled by the payment service provider Stripe; the Customer manages invoices and payment details in the billing portal of their account.
• Plans may include usage limits (e.g. number of websites, chat sessions, documents, storage space). In the event of sustained overage, the Provider will inform the Customer and offer a suitable plan.
• The Provider shall announce price changes at least 30 days before they take effect; they apply no earlier than the next billing period. In this case, the Customer may terminate the contract as of the effective date.
• In the event of default in payment, the Provider is entitled, after issuing a reminder, to suspend access until payment is received.

5. Obligations and Responsibility of the Customer

• The Customer uses InsightHub only within the scope of applicable law and does not upload any unlawful content.
• The Customer is the controller within the meaning of the GDPR for the personal data of their end users (website visitors, customers, prospects, callers) processed via InsightHub. The Customer ensures that this data is collected lawfully, provides appropriate privacy notices to their end users, and obtains the required consents (in particular for cart reminders, review invitations, and WhatsApp and telephone communication).
• For Add-ons involving third-party providers (WhatsApp/Meta, telephony), the Customer additionally complies with their terms of use and policies.
• The Customer reviews the content output by the AI assistant within their area of responsibility; the Customer configures the system prompt, knowledge base, and approvals so that they fit their offering.
• The Customer reports malfunctions and security incidents without undue delay to [email protected].

6. Data Protection and Data Processing

Insofar as the Provider processes personal data of the Customer's end users, it does so as a processor pursuant to Art. 28 GDPR. The Data Processing Agreement (DPA) forms part of these GTC and is deemed concluded upon conclusion of the contract; the Provider will provide a signed version upon request. Information on the processing of account, billing, and website data is contained in the Privacy Policy.

7. AI Functions

• Responses of the assistant are generated automatically using language models and may be incomplete or incorrect. The Provider designs the Service so that prices, availability, and product data originate from the Customer's synchronized data; no guarantee is given as to the accuracy of AI output.
• The Customer remains responsible for legally binding statements toward their end customers (e.g. prices, delivery commitments, legal information).
• By default, the language models are operated by a European provider (see Privacy Policy). If the Customer stores their own keys from other providers, the Customer is responsible for their use.

8. Availability, Maintenance, and Support

• The Provider aims for an availability of 99 % as a monthly average at the handover point (data center egress); excluded are announced maintenance windows, malfunctions of third-party systems, and events beyond the Provider's control.
• Maintenance work is carried out outside normal business hours where possible and is announced in advance.
• Support is provided by email to [email protected] on business days (Mon–Fri, excluding Austrian public holidays). Response times and extended support may be agreed in the plan or separately.

9. Rights of Use and Intellectual Property

• For the term of the contract, the Customer receives the non-exclusive, non-transferable right to use InsightHub for their own business purposes and to embed the widget or plugin on their websites.
• Software, design, source code, models, prompts, and documentation remain the property of the Provider or its licensors. Reverse engineering, subletting, or sublicensing are prohibited.
• The Customer retains all rights to their content (products, documents, configurations, conversation data). The Customer grants the Provider the right to process this content for the purpose of providing the Services.
• The Provider may name the Customer as a reference after consultation; the Customer may object to this at any time.

10. Warranty

The Provider warrants that InsightHub substantially performs the functions described. Defects shall be reported to the Provider without undue delay and in a reproducible manner; the Provider will remedy them within a reasonable period. No warranty claims exist for insignificant deviations, for errors in third-party systems, or for misconfigurations caused by the Customer. The warranty period is six months from knowledge of the defect; § 924 Allgemeines Bürgerliches Gesetzbuch (ABGB, Austrian Civil Code; presumption of defectiveness) is excluded.

11. Liability

• The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for intent and gross negligence.
• For slight negligence, the Provider is liable only in the event of a breach of material contractual obligations and limited to the foreseeable damage typical for the contract, and in total to no more than the fees paid by the Customer in the twelve months preceding the damaging event.
• Liability for lost profits, indirect damages, consequential damages, and loss of data, insofar as the latter could have been avoided by appropriate backups on the part of the Customer, is excluded to the extent permitted by law.
• The Provider is not liable for content output by the AI assistant on the basis of the data and configuration provided by the Customer, insofar as the Provider has made the agreed safeguards available.
• Liability under mandatory statutory provisions remains unaffected.

12. Term and Termination

• The contract runs for the selected billing period (month or year) and renews for the same period in each case unless it is terminated by the end of the current period.
• Termination is effected in the billing portal of the customer account or by email to [email protected] and takes effect at the end of the current period.
• Either party may terminate the contract for good cause without notice, in particular in the event of a material breach of contract, default in payment despite a reminder, or abusive use. In such cases, the Provider may suspend access immediately.
• After the end of the contract, the Customer may export their data for 30 days; thereafter, the data is deleted in accordance with the Data Processing Agreement, unless statutory retention obligations prevent this.

13. Amendments to the GTC

The Provider may amend these GTC, in particular in the event of changes to the legal situation, the Services, or billing. Amendments will be communicated to the Customer at least 30 days before they enter into force, by email or in the customer account. If the Customer does not object within this period, the amended GTC are deemed accepted; the Customer will be informed of this consequence in the notification. If the Customer objects, the Provider may terminate the contract as of the effective date.

14. Final Provisions

• Austrian law applies, excluding the conflict-of-laws rules of private international law and the CISG.
• The exclusive place of jurisdiction is the court with subject-matter jurisdiction in Vienna.
• Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
• Amendments and side agreements must be made in writing; email suffices.

Contact:
SG5 Digital Solutions — Ing. Simon Gorski, MA
Währinger Strasse 80-82/1, 1180 Wien, Österreich
[email protected]