Terms and Conditions

Dometrics GmbH

Stuckgasse 1/10, 1070 Vienna, Austria

FN 671481 y | Commercial Court of Vienna

Managing Director: Elias Domig, MSc

Version: March 2026

This English version is provided for convenience only. The German version of these General Terms and Conditions is legally authoritative and prevails in case of discrepancies.

§ 1 Scope and Conclusion of Contract

1.1Dometrics GmbH (hereinafter the "Company") provides all services to its clients (hereinafter the "Client") exclusively on the basis of these General Terms and Conditions (hereinafter "GTC") and the respectively applicable order (see clause 1.5 of these GTC). The GTC apply to all present and future legal relationships between the Company and the Client, even where no express reference is made to them. The version of the GTC valid at the time the contract is concluded, which is available on the Company's website, shall be decisive.

1.2These GTC apply both to legal transactions with entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) and with consumers within the meaning of § 1 KSchG. Vis-à-vis consumers, the mandatory provisions of the Consumer Protection Act (KSchG) and the Distance and Off-Premises Transactions Act (FAGG) take precedence. If individual clauses of these GTC are incompatible with mandatory consumer protection provisions, the statutory provisions shall apply in their place; the validity of the remaining provisions remains unaffected.

1.3Deviating, supplementary or conflicting terms and conditions of the Client are not accepted – even if known – and their applicability is expressly excluded, unless expressly agreed otherwise in writing between the parties in the individual case. The Client agrees that, in the event of the use of its own terms and conditions (e.g. printed on order confirmations or other documents of the Client), these shall be deemed inapplicable even if the Company does not expressly object to their applicability. Acts of contract performance by the Company shall not be deemed consent to any terms and conditions of the Client.

1.4Deviations from these GTC and other supplementary agreements are only effective if confirmed in writing by the Company.

1.5The Company's offers and cost estimates are, in the absence of any other express commitment, subject to change and non-binding. Together with the GTC, the respective order accepted by the Company – in which the service description and the associated prices are set out either directly or by reference to related offers or cost estimates – forms the basis for the conclusion of the contract between the parties (the "Contract"). The Contract comes into existence upon acceptance of the Client's order by the Company. Acceptance takes place either expressly through written confirmation of the order (by post or email) or by the Company unambiguously indicating that it accepts the order, in particular by acting in accordance with the service description ("Order Confirmation").

1.6Amendments to these GTC will be communicated to the Client in writing or by email and shall be deemed agreed unless the Client objects to the amended GTC in writing within 14 days of receipt of the notification. The Client will be expressly informed of the significance of silence in the notification. Vis-à-vis consumers, this provision applies only to the extent that the amendment does not unreasonably disadvantage the consumer.

1.7Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions or of contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision.

§ 2 Scope of Services, Order Processing and Duties of the Client to Cooperate

2.1The scope of the services to be provided results from the agreed service description ("Scope of Services"). The Scope of Services may additionally specify individual service targets in the form of milestones or may be structured entirely in milestones. Depending on the type of service and order, the Company owes either (i) a specific product and thus a result ("Work Deliverable") or (ii) a service for which no specific result is owed ("Service"; see § 6 of these GTC). The Company's services include in particular, but are not limited to:

a)performance marketing and digital advertising campaigns (e.g. Google Ads, Meta Ads, programmatic advertising);

b)marketing consulting, strategy development and conception;

c)web design, web development and technical implementation of digital projects;

d)organization and delivery of trainings, seminars, workshops and lectures in the field of marketing and digitalization.

2.2Within the framework specified by the Client, the Company has creative freedom in fulfilling the order. If the Client requests subsequent changes to the Scope of Services, this requires written confirmation by the Company and, where applicable, an adjustment of price and schedule.

2.3Order processing is divided into two phases: the concept phase and the implementation phase.

2.3.1 Concept phase

In the concept phase, the Company develops the main idea for the order and creates a draft – depending on the order, consisting in particular of preliminary drafts, sketches, layouts, final artwork, wireframes, prototypes, storyboards and electronic files ("Draft"). The Draft is sent to the Client by email for approval. Unless otherwise agreed or communicated by the Company in the email, the period for approval is 14 days from the sending of this email ("Approval Period"), within which a correction may be requested ("Correction Rounds"). If no response is received within the Approval Period, approval of the Draft shall be deemed granted.

Correction Rounds are only included in the offered price if and to the extent expressly agreed in the order. It is clarified that even within agreed Correction Rounds the Client may only request changes that are within the Scope of Services and are reasonable in the overall context of the order ("Permissible Corrections"). If more Correction Rounds than agreed or changes beyond Permissible Corrections are requested, these will be offered additionally and invoiced separately; the Company is not obliged to do so.

Once approval has been granted, the concept phase ends and the Company may proceed to the implementation phase.

2.3.2 Implementation phase

In the implementation phase, the Company brings the approved Draft into its final form (the "Final Product") and, if and as agreed in the Scope of Services, implements it further (publication, distribution, go-live, campaign launch etc.). In the implementation phase, no further correction or change requests by the Client are possible; such requests require a new order and thus a new offer and Order Confirmation by the Company.

2.4 Duties of the Client to cooperate

The following duties to cooperate apply in both the concept phase and the implementation phase:

a)The Client shall provide the Company with all information, documents and access required for the provision of the service in a timely and complete manner. The Client shall inform the Company of all circumstances relevant to the execution of the order, even if these only become known during execution. The Client bears the expense arising from work having to be repeated or delayed by the Company as a result of the Client's incorrect, incomplete or subsequently changed information.

b)The Client shall ensure that its employees relevant to the order are informed of the Company's activities before those activities begin and that internal decision-making authority for the respective project is clarified, so that the Company has sufficiently informed contact persons with decision-making authority at the Client.

c)The Client is obliged to check the materials provided for the execution of the order (photos, logos, texts, videos, fonts, software etc.) for any copyright, trademark, design, patent, labeling or other third-party rights (rights clearance) and guarantees that the materials are free of third-party rights or that the Client has obtained sufficient rights or permissions from the third parties concerned so that the Company can use the materials for the intended purpose (in particular reproduction, distribution, making available, editing and broadcasting). The Client warrants that it is entitled to grant these rights.

d)The Company is not liable to the Client, except in cases of intent or gross negligence, for any infringement of third-party rights by materials provided by the Client. If a third party asserts claims against the Company on account of such an infringement, the Client shall fully indemnify and hold the Company harmless. The Client shall compensate the Company for all disadvantages incurred by it as a result of claims by third parties, including the costs of appropriate legal representation. The Client undertakes to support the Company in defending against any third-party claims and shall provide the Company with all documents for this purpose without being requested to do so.

2.5In fulfilling its contractual obligations, the Company may use new or different technologies, software, systems, processes or standards ("Technology") than initially offered in connection with the implementation of the Scope of Services, provided the Client suffers no disadvantage as a result. It is clarified that the Technology used by the Company in processing the order is not supplied to the Client and remains with the Company. Reasonable technical and design deviations from specifications in the offer or order remain reserved.

2.6The Company undertakes to report to the Client on its work and work progress upon request.

§ 3 Dates and Deadlines

3.1Stated delivery and performance deadlines are, unless expressly agreed between the parties as binding ("Binding Deadlines"), only approximate and non-binding ("Non-Binding Deadlines"). The Company will endeavor to meet Non-Binding Deadlines as well, but provides no guarantee in this respect. The same applies to dates, milestones and other schedules.

3.2Periods during which the Client is in default with its duties to cooperate shall in any case extend all deadlines, dates, milestones and other schedules by the duration of the default. The same applies to change requests by the Client outside agreed Permissible Correction Rounds pursuant to clause 2.3.1 of these GTC. If the Company incurs additional costs due to delays for which the Client is responsible, the Client shall reimburse these.

3.3Since compliance with deadlines and dates may also depend on the activities of third parties, the Company is entitled to a reasonable postponement in the event of delays by third parties, even in the case of Binding Deadlines. The Company will nevertheless attempt to enforce compliance with deadlines vis-à-vis the relevant third parties.

3.4If the Company is in default with Binding Deadlines, the Client may only withdraw from the Contract if it has first set the Company a reasonable grace period of at least 14 days in writing for completion and this period has expired without result. Further claims of the Client for non-performance or default are excluded, except upon proof of intent or gross negligence.

§ 4 Delivery, Acceptance and Transfer of Risk

4.1A service is deemed fulfilled when it has actually been rendered in full to the Client and any product owed in this respect has been made available by the Company by the agreed or otherwise appropriate means (e.g. by email, file transfer solution, deployment to the Client's server, handover to the Client or its agents, oral or visual presentation).

4.2A formal acceptance and/or related testing procedure requires a specific written agreement.

4.3Risk passes to the Client upon the making available pursuant to clause 4.1. If the making available is delayed or impossible for reasons on the Client's side or otherwise without fault of the Company, risk passes to the Client on the day the Company is ready to perform.

4.4The Client bears the costs of data transfers initiated by it. The Company assumes no liability or warranty for transmission errors.

§ 5 Provided Materials and Data

5.1Materials provided directly or indirectly by the Client (templates, photos, videos, audio files, texts, layouts, access data, data carriers of any kind etc., hereinafter "Provided Materials") must be made available to the Company in good time, in suitable form and at the Client's own expense. The Company is only liable for damage to Provided Materials caused by intent or gross negligence.

5.2The Company has no duty to inspect or warn with regard to the Provided Materials. In particular, in the case of provided data carriers or transferred data, the accuracy of the stored data (texts, images) is not checked by the Company. The Company assumes no liability whatsoever for errors in intermediate or final products produced with such Provided Materials that are attributable to defects in the Provided Materials. If the Client wishes the Provided Materials to be checked, this check and any correction will be invoiced separately.

5.3The Company will only edit Provided Materials if this is expressly agreed in the Scope of Services.

5.4The obligation to back up data in relation to Provided Materials rests exclusively with the Client. The Company assumes no liability for the loss of provided data. The Client must itself take appropriate backup measures and retransmit the data to the Company in the event of data loss.

5.5The Company reserves the right to refuse the use of Provided Materials if they contain content that entails gross and obvious legal infringements or other risks. In such a case, the Client shall arrange for the provision of alternative materials.

§ 6 Special Provisions for Services

6.1If the Scope of Services includes services that are not defined by a specific performance result owed by the Company, these are understood as services ("Services") – e.g. ongoing performance marketing management, search engine optimization (SEO), social media management, ongoing consulting. In the event of contradictions between the provisions of this § 6 and other provisions of the GTC, the provisions of this § 6 take precedence for the purposes of the relevant Services.

6.2A Service is deemed rendered if it is performed by the Company for the specified duration or during the agreed period to the best of its ability and in accordance with the recognized standards of the industry as appropriate to the circumstances. No specific result is owed.

6.3In particular, the Company assumes no liability and provides no warranty for the achievement of specific search engine rankings, click numbers, reach, conversion rates, follower numbers or other performance indicators, unless expressly agreed in the Contract as a binding performance commitment.

6.4The Company expressly advises the Client that for services on social media platforms and advertising networks (e.g. Meta, Google, LinkedIn, TikTok), the terms of use and policies of the respective providers additionally apply. The Client expressly acknowledges that these terms of use co-determine the rights and obligations of the contractual relationship. The providers generally reserve the right to reject or remove advertisements and advertising presences for any reason. The Company has no influence on this and is not liable for any resulting restrictions or damage. In the event of a complaint by a user, the providers generally grant the possibility of a counterstatement; however, restoration of the original state cannot be guaranteed.

6.5Unless otherwise agreed, Services are billed and invoiced monthly in advance.

§ 7 Trainings, Seminars and Workshops

7.1The following provisions additionally apply to trainings, seminars and workshops. Registrations are binding and require written confirmation by the Company.

7.2Cancellations by the Client are free of charge up to 14 days before the start of the event. For cancellations between 14 and 7 days before the start of the event, 50% of the participation fee will be invoiced. For later cancellations or non-appearance, the full participation fee is due unless a substitute participant is named.

7.3The Company reserves the right to postpone or merge events for organizational reasons or to cancel them if the number of participants is too low. Fees already paid will be fully refunded in this case. Further claims are excluded.

7.4Training documents and materials are protected by copyright and may not be reproduced or passed on to third parties without the express written consent of the Company. The content conveyed constitutes general professional information and does not replace individual advice.

7.5In the case of distance contracts (e.g. online bookings), consumers have a right of withdrawal pursuant to § 11 FAGG, unless an exception pursuant to § 18 FAGG applies.

§ 8 Third-Party Services and Subcontractors

8.1The Company is entitled, at its own discretion, to perform the commissioned services itself through its employees ("Own Services") or to use qualified vicarious agents or other third parties ("Subcontractors") for the provision ("Third-Party Services"). The Company may also change Subcontractors at its own discretion.

8.2Subcontractors are commissioned either in the Company's own name or, by agreement, in the name of the Client. The Company selects Subcontractors carefully and ensures that they have the necessary professional qualifications.

8.3In the event of termination of the Contract for reasons within the Client's sphere, the Client shall fully indemnify and hold the Company harmless also with respect to any obligations towards Subcontractors extending beyond the term of the Contract.

8.4The parties mutually undertake to take all precautions suitable to prevent jeopardizing the independence of the commissioned third parties and employees of the Company. This applies in particular to offers by the Client to employ such third parties or employees or to commission them on the Client's own account.

§ 9 Fees and Billing

Unless otherwise agreed between the parties and recorded in the Order Confirmation, the following applies:

9.1The Company's fee claim arises for each individual partial service or milestone as soon as it has been rendered (within the meaning of clause 4.1 of these GTC). In the case of completed partial deliveries, invoicing is also permissible within individual milestones. From an order volume of EUR 3,000, the Company is entitled to demand reasonable advances and to issue interim invoices, which will be taken into account in the subsequent final invoicing.

9.2The fee is – in the absence of any other indication in the offer and order – a net fee plus value added tax and other statutory taxes, fees and charges at the statutory rate.

9.3All services of the Company that are not expressly covered by the agreed fee will be invoiced separately according to actual expenditure at the Company's applicable hourly rates. The current hourly rates will be communicated to the Client at any time upon request. All cash outlays incurred by the Company in connection with the order (e.g. license costs, advertising budgets, stock material, travel costs, shipping costs, hosting, domain registrations) shall be borne separately by the Client or reimbursed to the Company.

9.4Cost estimates of the Company are non-binding. If it is foreseeable that the actual costs will exceed the estimate by more than 15%, the Company will notify the Client in writing of the higher costs and the reasons for them. The cost overrun is deemed approved if the Client does not object in writing within three working days of this notification. In the event of an objection, the parties will attempt to reach an agreement; the Company is entitled to suspend further performance until the discussions are concluded. Cost overruns of up to 15% do not require separate consent and are deemed approved.

9.5The prices stated in the Order Confirmation apply subject to the underlying key order parameters remaining unchanged. Change requests and additions by the Client that fall outside the Permissible Corrections pursuant to clause 2.3.1 will be invoiced separately.

9.6The Company reserves the right to adjust the fee appropriately if increases in production costs occur after the offer has been made, in particular due to price increases by platform operators, suppliers or licensors. These will be evidenced upon the Client's request. Such an adjustment does not entitle the Client to extraordinary termination.

9.7For services commissioned by the Client but not carried out for reasons within the Client's sphere, the Company is entitled to the agreed remuneration. Set-off pursuant to § 1168 of the Austrian Civil Code (ABGB) is excluded to the extent legally permissible. Upon payment of the remuneration, the Client does not acquire any rights of use to work already performed; concepts, drafts and other documents not executed shall be returned to the Company. Vis-à-vis consumers, this exclusion applies only to the extent compatible with the mandatory provisions of the KSchG.

§ 10 Payment, Retention of Title and Default of Payment

10.1The fee is due for payment within 14 days of receipt of the invoice without deduction, unless special payment terms are agreed in writing in the individual case. This also applies to the recharging of all cash outlays and other expenses.

10.2The products delivered by the Company remain the property of the Company until full payment of the remuneration including all ancillary obligations.

10.3In the event of default of payment by the Client, the statutory default interest at the rate applicable to business transactions applies. Vis-à-vis consumers, the statutory default interest pursuant to § 1333 ABGB applies. Furthermore, the Client undertakes to reimburse the Company for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. This includes in any case the costs of two reminder letters at market rates and the costs of a lawyer engaged for collection.

10.4In the event of default of payment, the Company may declare all services and partial services rendered under other contracts concluded with the Client immediately due. Furthermore, the Company is not obliged to render further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration remains unaffected.

10.5If payment in installments has been agreed, failure to pay partial amounts or ancillary claims on time results in the immediate loss of the installment agreement (Terminverlust); the entire outstanding claim becomes due immediately.

10.6The Client is not entitled to set off its own claims against claims of the Company unless the Client's claim has been acknowledged by the Company in writing or established by a court.

10.7The Company is entitled to send invoices to the Client in electronic form (by email); the Client hereby expressly agrees to this.

§ 11 Copyright, Rights of Use and Industrial Property Rights

11.1 Principle

All services and products created by the Company within the scope of an order – including concepts, drafts, layouts, designs, graphics, texts, strategy papers, source code, source files and other electronic files – are subject to copyright protection and remain the intellectual property of the Company. Ownership of physical and electronic work pieces and original drafts likewise remains with the Company and may be reclaimed by it at any time. By paying the fee, the Client acquires exclusively those rights of use expressly described in this § 11.

11.2 Right of use and right to modify – definitions

These GTC expressly distinguish between the right of use and the right to modify:

a)Right of use: The right to use the Final Product in the form delivered by the Company, unchanged in content, for the contractually agreed purposes, to reproduce, distribute, make publicly accessible, broadcast, perform and make publicly available.

b)Right to modify: The right to edit, change, further develop, redesign the Final Product (including its source code, source files, design templates and other underlying files), to integrate it into other works or to have it edited by the Client itself or by third parties (in particular other service providers or third parties).

11.3 Work deliverables and products

Insofar as the Company itself is the holder of the copyright and ancillary copyright exploitation rights or industrial property rights, the following provisions apply. This § 11.3 does not apply to Service Products (see § 11.4) and not to third-party rights (see § 12).

a)Concept phase (Drafts pursuant to § 2.3.1):

The Client is only entitled to use the Drafts delivered in the concept phase for the purposes of discussion and determining approval or correction needs. Beyond this, the Client is not entitled to any exploitation. Ownership of the Drafts remains with the Company. Without the prior written consent of the Company, the Client is not entitled to use Drafts that were not incorporated into the Final Product ("Unused Concepts"). The Company is entitled to use Unused Concepts for other projects – including for third parties.

b)Implementation phase – right of use (Final Product pursuant to § 2.3.2):

Upon full payment of the agreed fee, the Client acquires the exclusive right of use to the Final Product, unlimited in time, within the meaning of § 11.2 (a). In the absence of any other written agreement, the right of use applies territorially only in Austria. For clarification: the right of use includes the public making available via the internet with unchanged content (including social media), distribution via corresponding data carriers and the public presentation with unchanged content (at trade fairs, presentations, in the Client's business premises etc.). Any use going beyond the originally agreed purpose and scope requires the prior written consent of the Company; the Company is entitled to separate reasonable remuneration for this.

c)Right to modify – separate agreement required:

The right to modify within the meaning of § 11.2 (b) is expressly not included in the right of use and remains exclusively with the Company. Any editing, change, further development, redesign or other modification of the Final Product – of whatever kind and whether by the Client itself or by third parties acting for it (in particular other service providers, freelancers or internal employees of the Client) – is impermissible without the prior express written consent of the Company and constitutes an infringement of the Company's rights.

If the Client wishes to acquire the right to modify, a separate written agreement with the Company is required. The amount of the remuneration due for this ("Modification Fee") will be determined in the respective individual order or in a separate agreement between the parties. In the absence of such a determination, the Company is entitled to reasonable remuneration based on the original order value and the scope of the intended modification.

d)Source code and source files:

The source codes, source files, design templates (e.g. PSD, Figma, Sketch, XD files), development files and other working files underlying the Final Product ("Source Files") are not part of the right of use and will not be handed over to the Client. The Client receives exclusively the finished Final Product in the agreed delivery form (e.g. a functional website deployed on the server; finished graphics in the agreed file formats).

The Source Files will only be handed over after acquisition of the right to modify and full payment of the Modification Fee. Upon handover of the Source Files and payment of the Modification Fee, the Client receives the comprehensive right, unlimited in time and territory, to freely edit and further develop the Final Product and to have it edited by third parties.

e)Continued support as an alternative:

As an alternative to acquiring the right to modify, the Client may commission the Company with changes, further developments and adaptations of the Final Product within the framework of an ongoing support contract or on the basis of individual orders. In this case, the right to modify remains with the Company and the desired changes will be carried out at the agreed conditions.

f)General:

The acquisition of both the right of use and the right to modify requires in any case the full payment of all invoiced fees. Reverse engineering of the products by the Client is not permitted as long as the right to modify has not been acquired. The Company is not obliged to carry out a trademark registration for products or the Final Product; the Client may do so itself at its own discretion.

11.4 Right of use after contract end for Services

With regard to content generated by the Company within the scope of Services (e.g. social media postings, advertisements, blog posts, hereinafter "Service Products"), insofar as the Company itself is the rights holder, the Company grants the Client for the term of the Contract the non-exclusive permission to use these Service Products to the extent and for as long as this is necessary for the use of the Service and the fulfillment of the purpose of the Contract. After the end of the Contract, this right of use expires unless a separate agreement on continued use and/or the acquisition of the right to modify is concluded. Rights of use going beyond this may be granted against separate remuneration.

11.5 Use as reference

The Client agrees that the Company is entitled, after publication by the Client, to publicly cite the Final Product and/or excerpts thereof as a reference together with the Client's company name and to use it for this purpose (e.g. presentation on the website, in social media channels and in presentations of the Company). If the Client does not wish this, it must notify the Company in writing before the end of the concept phase. Unless otherwise agreed, the Company agrees not to use the Final Product for projects of other clients.

11.6 Unlawful use and impermissible modification

The Client is liable to the Company for any unlawful use or impermissible modification of products or Service Products and shall, upon request of the Company, compensate such use or modification at twice the amount of the fee appropriate for that use or modification. In the event of an impermissible modification (i.e. without acquisition of the right to modify pursuant to § 11.3 (c)), the Company is further entitled to demand from the Client the immediate cessation of the modification, the restoration of the product to its original state and injunctive relief. Further claims of the Company (in particular for damages) remain unaffected.

§ 12 Third-Party Rights, Third-Party Content and Software

12.1The Client acknowledges that the delivered products may contain stock content (including images, videos, audio files from stock databases) or other third-party content (each "Third-Party Content"). The Company is not the holder of the exclusive rights to such Third-Party Content but is itself a licensee. If Third-Party Content is included, the Company will inform the Client and make the applicable license terms available.

12.2Any provision of software or technologies by the Company within the scope of the order takes place – in the absence of any other agreement – in accordance with the license terms of the respective licensor and within the limits of the scope of use defined therein. This also applies to open-source components, which may provide for further restrictions. The Company's liability for software or technologies of third parties provided is excluded to the extent legally permissible.

§ 13 Attribution

The Company is entitled to refer to the Company and, where applicable, to third parties as authors or rights holders on all products or within the scope of Services ("Attribution"), without the Client being entitled to any remuneration for this. If such Attributions are included on the products, the Client is not entitled to remove, obscure or change them. If the Client does not wish an Attribution, this requires the prior written consent of the Company.

§ 14 Protection of Concepts and Ideas

14.1If the Company is invited by the potential client to create a concept before conclusion of a main contract (pitch), the potential client and the Company enter into a contractual relationship already through the invitation and its acceptance ("Pitching Contract"). This relationship is also governed by the GTC.

14.2The potential client acknowledges that the Company renders cost-intensive advance services with the development of the concept. The concept is subject to the protection of the Copyright Act in its linguistic and graphic parts, insofar as these reach the required level of originality.

14.3The concept also contains advertising-relevant ideas that do not reach the level of originality and therefore do not enjoy the protection of the Copyright Act. Protected ideas within the meaning of this provision include in particular advertising strategies, slogans, campaign concepts, creative approaches, graphics and illustrations that give the marketing strategy its characteristic identity.

14.4The potential client undertakes not to commercially exploit or have exploited the creative ideas presented by the Company outside of a main contract to be concluded.

14.5If the potential client is of the opinion that ideas were presented to it that it already knew before the presentation, it must notify the Company of this in writing within 14 days of the presentation, providing suitable evidence. Otherwise, the parties assume that the Company presented an idea new to the potential client.

§ 15 Warranty

15.1For products delivered in the concept phase (Drafts): To the extent legally possible, warranty for Drafts delivered in the concept phase is excluded. Instead, the Client has the option of making use of agreed Correction Rounds pursuant to § 2.3.1.

15.2For the Final Product: The Client must notify the Company of any defects in writing without delay, obvious defects in any case within 8 days of delivery or performance, hidden defects within 8 days of their discovery, but no later than within 6 months of delivery, with a precise description of the defect. After expiry of these periods, the assertion of warranty claims by entrepreneurs is excluded. Vis-à-vis consumers, the mandatory statutory warranty periods apply. The presumption rule of § 924 sentence 2 ABGB is excluded vis-à-vis entrepreneurs. Insignificant defects that do not impair functionality and use do not entitle the Client to refuse acceptance.

15.3In the event of a justified and timely notice of defects, the Client is entitled to improvement or replacement by the Company. The Company will remedy defects within a reasonable period, whereby the Client shall enable all measures necessary for investigation and remedy of defects. The Company is entitled to refuse improvement if it is impossible or involves disproportionately high expense. In this case, the Client is entitled to the statutory rights of price reduction or rescission.

15.4The Company provides no warranty in connection with faulty renderings by printers, browsers, operating systems or end devices. The parties are aware that, according to the state of the art, it is not possible to exclude errors in software and hardware under all conditions of use.

15.5It is the Client's responsibility to check the products for their legal admissibility, in particular with regard to competition, consumer protection, youth protection, data protection, personality rights, criminal, trademark, media, copyright and administrative law. The Company is only obliged to carry out a rough check according to general standards and, in the case of slight negligence, is not liable for legal admissibility. Any liability of the Company for third-party claims based on consumer protection, youth protection, media, data protection, competition law or comparable legal matters is expressly excluded if the Company has fulfilled its duty to advise within the scope of the rough check or if the unlawfulness was not recognizable to it. The Client shall fully indemnify and hold the Company harmless in this respect, including any court and legal representation costs.

15.6With regard to logos, brand names and domains, the Company expressly advises the Client: unless expressly agreed in the Scope of Services, the Company has no obligation to conduct a trademark similarity search, no obligation to assess the risk of rejection of a trademark application and no obligation to examine any third-party rights to domains. The Client must carry out such checks independently and shall fully indemnify and hold the Company harmless in this respect.

§ 16 Liability

16.1The Company is liable to entrepreneurs only for damage where intent or gross negligence on its part is proven. Liability for slight negligence is excluded vis-à-vis entrepreneurs. Vis-à-vis consumers, the Company is also liable for slight negligence in accordance with the statutory provisions.

16.2The Company's liability is – except in the case of intent – limited in amount to the simple net order value (remuneration for the delivery/service concerned). The above limitations of liability do not apply to personal injury.

16.3Liability for consequential damage, loss of profit, savings not achieved, business success not achieved, loss of interest, loss of data or other indirect damage and damage from third-party claims is excluded, unless mandatory statutory provisions provide otherwise. Vis-à-vis consumers, this exclusion applies only in the case of slight negligence.

16.4The above limitations of liability apply mutatis mutandis to services rendered by Subcontractors. If the Company performs with the assistance of Subcontractors and warranty and/or liability claims exist against them, the Company may assign these claims to the Client. In such a case, the Client will primarily seek recourse against the Subcontractors.

16.5Claims for damages by entrepreneurs become time-barred 12 months after knowledge of the damage and the damaging party, but no later than 3 years after delivery/performance, unless mandatory statutory provisions provide otherwise. Vis-à-vis consumers, the statutory limitation periods apply.

16.6Liability of the Company for Provided Materials (see § 5) is excluded to the extent legally possible. This also applies to products and Services insofar as Provided Materials are incorporated into them.

§ 17 Data Protection and Data Security

17.1Both parties undertake to comply with the applicable data protection provisions, in particular Regulation (EU) 2016/679 (GDPR) and the Austrian Data Protection Act (DSG). Insofar as the Company processes personal data on behalf of the Client within the scope of order performance, the parties will conclude a separate data processing agreement pursuant to Art. 28 GDPR.

17.2The Company expressly points out that data protection for data transmissions in open networks such as the internet cannot be absolutely guaranteed according to the current state of the art. The Client is itself responsible for the security of the data it transmits and shall make backup copies for this purpose. In the event of data loss not caused by the Company, the Client is obliged to retransmit the relevant data to the Company free of charge.

17.3Access and account data (e.g. for advertising accounts, CMS systems, analytics tools) provided to the Company by the Client will be treated confidentially and used exclusively for the agreed purposes. The Company will delete these after completion of the order, provided no statutory retention obligations apply.

§ 18 Confidentiality

18.1Both parties undertake to treat all confidential information and business secrets of the other party obtained in the course of the collaboration strictly confidentially and to use them exclusively for the execution of the respective order.

18.2The confidentiality obligation continues beyond the duration of the contractual relationship and applies for an unlimited period.

18.3Exempt from the confidentiality obligation is information that (a) is or becomes generally known without this being due to a breach of the confidentiality obligation; (b) was demonstrably already known to the recipient before disclosure; (c) is lawfully obtained from a third party without a confidentiality obligation; or (d) must be disclosed due to a statutory obligation or an official or court order.

§ 19 Compliance and Legal Review

19.1The Client is aware that numerous laws, guidelines and codes, in particular of a competition, trademark, copyright and administrative law nature, must be complied with when using the Company's services in the course of business.

19.2If required, the Company provides the Client with a basic framework for compliance with legal requirements (e.g. legal notice, privacy policies for websites). The Company may also use third-party services for this purpose. The Client is aware that the Company expressly does not guarantee that these services actually comply with the laws, guidelines and codes. These services do not replace a legal review and/or advice. It is the Client's responsibility to have all compliance-related measures reviewed separately by legal counsel.

§ 20 Contract Term and Termination

Unless otherwise agreed between the parties, the following applies:

20.1 Contract term

a)Contracts for the delivery of products (Work Deliverables) begin with the Order Confirmation and end automatically upon handover of the last product.

b)Contracts for Services begin with the Order Confirmation and, unless a fixed term has been agreed, are concluded for an indefinite period. Fixed-term contracts end automatically upon expiry of the agreed term.

20.2 Ordinary termination

a)Contracts for work may be terminated in writing by either party at any time subject to a notice period of 6 weeks.

b)Service contracts of indefinite duration may be terminated in writing by either party subject to a notice period of 3 months to the end of a calendar month. For fixed-term service contracts, the right to early ordinary termination requires an agreement in the respective order.

20.3 Extraordinary termination

Either party is entitled to terminate contracts with immediate effect for good cause. Good cause exists in particular:

a)if the other party persistently breaches essential contractual obligations despite a written warning specifying the breach and setting a grace period of at least 14 days (e.g. non-payment of a due amount, breach of duties to cooperate);

b)if there are justified concerns regarding the Client's creditworthiness or liquidity and the Client, upon request of the Company, provides neither advance payment nor suitable security;

c)if insolvency proceedings are opened over the assets of the other party or the opening is rejected for lack of assets;

d)for the Company, if there are justified concerns that specifications of the Client or its Provided Materials are unlawful and the Client does not demonstrate their lawfulness despite being notified;

e)for the Company, if it permanently discontinues its business in whole or in the part essential to the order.

20.4 Consequences of termination for Work Deliverables

a)In the event of ordinary termination by the Client, extraordinary termination by the Client for reasons within its own sphere, or extraordinary termination by the Company for reasons within the Client's sphere, the Client shall pay the fees for all services already rendered and all outstanding services. § 1168 ABGB is excluded to the extent legally permissible. The Client shall fully indemnify and hold the Company harmless with respect to any third-party claims, in particular from Subcontractors.

b)In the event of ordinary termination by the Company, extraordinary termination by the Company for reasons within its own sphere, or extraordinary termination by the Client for reasons within the Company's sphere, the Client shall pay the fees for all services already rendered up to the end of the Contract. The fee claim only lapses if and to the extent that the Client proves that the services already rendered are entirely unusable for it.

c)In all cases of termination, the Company is not obliged after the end of the Contract to perform outstanding services or deliver further products.

d)The right of retention pursuant to § 10.4 also applies in all cases of termination. In the event of extraordinary termination by the Company due to qualified default of payment, the Company has the right to choose to demand that the Client immediately return all delivered products including all Drafts or permanently delete them. Further claims of the Company remain unaffected.

20.5 Survival

The provisions of, in particular, §§ 2.4 (d), 5, 8.3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 24 continue to apply after termination of the Contract.

20.6Terminations must be made in writing (by post or email).

§ 21 Force Majeure

21.1In the event of force majeure or other unforeseeable, extraordinary circumstances for which neither party is responsible (e.g. natural disasters, epidemics, pandemics, official business closures or other interventions, strike, lockout, difficulties in procuring materials, operational disruptions, energy supply difficulties, loss of data, disruptions of the general IT infrastructure, lack of means of transport – even if they occur at upstream suppliers), the delivery and performance period is extended by the duration of the hindrance plus a reasonable restart time. The Company shall notify the Client without delay of the occurrence of such circumstances.

21.2If such hindrances last longer than two months, either party is entitled to withdraw from the Contract. If performance becomes impossible or unreasonable due to the circumstances mentioned, the Company is released from its obligation to perform. Claims for damages arising therefrom are excluded.

§ 22 Assignment and Transfer of Contract

The transfer of the Contract or of rights and/or obligations by the Client to third parties is impermissible without the written consent of the Company. Subsidiaries or affiliated companies of the Client are also deemed third parties. The Company is entitled to transfer the Contract without the Client's consent to an affiliated or associated company within the meaning of § 189a UGB. The Client will be informed of this in writing.

§ 23 Right of Withdrawal for Consumers

23.1Consumers within the meaning of the KSchG who conclude a contract at a distance or off-premises have the right to withdraw from the contract within 14 days without giving reasons. The period begins on the day the contract is concluded. The withdrawal must be addressed to the Company in writing (by post or email).

23.2The right of withdrawal expires early if the Company has rendered the service in full and only began performance after the consumer expressly consented and simultaneously confirmed that they lose their right of withdrawal upon complete performance of the contract (§ 18 (1) no. 1 FAGG).

23.3If the consumer has requested that the services begin during the withdrawal period, the consumer shall pay the Company a reasonable amount corresponding to the proportion of the services already rendered up to the withdrawal compared to the total scope of the contract.

§ 24 Form Requirements and Communication

Where these GTC refer to written form, this may be satisfied either by postal delivery or by email, in each case to the most recently notified address or email address of the respective party or, in the absence of such notification, to the official business address or the contact email address stated on the website. For the Company, the following applies until further notice:

Dometrics GmbH, Stuckgasse 1/10, 1070 Vienna, Austria

as well as the contact email address stated on the Company's website.

§ 25 Applicable Law and Place of Jurisdiction

25.1These GTC and all mutual rights, obligations and claims derived from them are governed by Austrian substantive law, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

25.2For disputes arising from or in connection with these GTC or the underlying Contract, the court with subject-matter jurisdiction for the first district of Vienna is agreed as the place of jurisdiction, to the extent legally permissible. Notwithstanding this, the Company is also entitled to sue the Client at the Client's general place of jurisdiction. Vis-à-vis consumers, the statutory place of jurisdiction pursuant to § 14 KSchG applies.

25.3The place of performance for all services is the Company's registered office in Vienna.

Version: March 2026 | Dometrics GmbH, Stuckgasse 1/10, 1070 Vienna | FN 671481 y, Commercial Court of Vienna