1.1.
mytalents GmbH (hereinafter “mytalents”), Spengergasse 61/11, 1050 Vienna, is a limited liability company registered in the commercial register of FN 608285m and is active in the development, provision and operation of digital learning platforms and training materials, in particular in the area of artificial intelligence and productivity-increasing technologies.
1.2.
The internet-based training platform operated by mytalents can be accessed via the website https://www.mytalents.ai (hereinafter referred to as the "Service" or "Software").
1.3.
The content of the training platform is divided into free and fee-based content. Service packages can be purchased by companies (including their employees) (hereinafter referred to as “customer” or “user”).
2.1.
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all current and future services in connection with the use of the Service provided by mytalents to Customers. The GTC form an integral part of every contractual relationship concerning the use of the Service that is concluded with mytalents.
2.2.
These terms and conditions apply to both consumers and entrepreneurs within the meaning of the Austrian Consumer Protection Act (“KSchG”). Insofar as the term “consumer” is used in these terms and conditions, these are natural persons for whom the use of mytalents services does not represent a commercial, independent activity, i.e. a transaction does not belong to the operation of a company. Insofar as the terms “entrepreneurs” or “entrepreneurial customers” are used in these terms and conditions, these are natural or legal persons or partnerships with legal capacity for whom the business is part of the operation of their company. The distinction between consumer and entrepreneur is made in accordance with the Consumer Protection Act.
2.3.
These terms and conditions apply exclusively and take precedence over the customer's general terms and conditions. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions apply only if mytalents expressly agrees to them in writing.
2.4.
We would like to point out that separate agreements or terms and conditions from mytalents may apply for certain services. These terms and conditions provide for such separate agreements or terms and conditions. Additional oral agreements are only legally effective and valid if they are confirmed in writing by mytalents to the customer.
3.1.
In order to use the mytalents service, the customer must register on the website https://mytalents.ai with an e-mail address and password. Registered customers can access the service by logging in with their e-mail address and password or by using other specified single sign-on methods.
3.2.
A contract with mytalents is concluded as follows:
(i) The registration of the customer and the subsequent selection of a service package by the customer constitutes an offer to conclude a contract for the use of the service. By completing the registration form, accepting mytalents' GTC and selecting the service package, the user submits a binding offer to conclude a contract. When ordering paid content, it is necessary for the customer to enter their billing and payment details. The contract is concluded with mytalents GmbH, Spengergasse 61/11, 1050 Vienna upon written order confirmation by mytalents or at the latest upon provision of the service by mytalents.
(ii) On request, the customer receives an offer from mytalents as well as the present terms and conditions. The contract for the use of the service is concluded upon acceptance of this offer and the terms and conditions by the customer with mytalents GmbH, Spengergasse 61/11, 1050 Vienna. After acceptance of the offer, the customer is registered as a user by mytalents.
3.3.
Unless otherwise agreed, the customer receives access to all agreed content for a period of one year as part of the purchase of a fee-based service package. The contract is automatically extended for a further year in each case. Cancellation is possible up to 30 days before the end of the 12-month term at the latest. If the contract is not terminated, the license is automatically renewed for a further year. If the subscription is renewed, the current valid prices apply.
3.4.
Offers made by mytalents on the website and in advertising materials are non-binding unless they are expressly designated as binding. Agreements deviating from these GTC in connection with the conclusion of a contract are only binding if confirmed in writing by mytalents.
3.5.
Mytalents can provide registered users with limited content free of charge. This access to free content may be restricted without giving reasons.
4.1.
In terms of service provision, mytalents offers various content as a web-based SaaS or cloud solution. This content consists in particular of training courses and webinars on the use of AI tools in day-to-day work.
4.2.
During the term of the contract, the Customer is enabled to use the software running on the servers of mytalents or a service provider commissioned by mytalents via an Internet connection. For this purpose, mytalents provides the Customer with the software in its current version at the router output of the data center where the server with the software is located ("transfer point"). The software, the computing power required for its use and the required storage and data processing space are provided by mytalents. However, mytalents is not responsible for establishing and maintaining the data connection between the Client's IT systems and the described transfer point.
4.3.
Within the framework of the contract concluded with the Customer, mytalents provides the Customer with a non-exclusive right, limited to the duration of the contract and non-transferable to third parties, to use the mytalents service at the agreed payment conditions via remote data transmission. The software is not transferred to the client.
4.4.
Any further reproduction or other use of the content of the service is only permitted with the prior written consent of mytalents. The systematic automated retrieval of content, the creation of systematic collections from retrieved content and the systematic forwarding of content or making it systematically accessible to third parties are not permitted.
4.5.
The service may not be made available to third parties unless this has been expressly agreed by the parties or is intended as part of the intended use of the service.
4.6.
Mytalents is entitled to take technical measures to prevent use beyond the permitted scope, in particular to install appropriate access barriers. The customer may not use any devices, products or other means that serve to circumvent or overcome the technical measures. In particular, he may not use web crawler, spider programs, metasearch engines or comparable technologies that automatically retrieve content from the website. In the event of misuse, we are entitled to immediately block access to the service. Further rights and claims, in particular the right to extraordinary termination for good cause and claims for damages remain unaffected.
4.7.
mytalents treats the user's data confidentially and observes the relevant data protection regulations. Information on the subject of data protection can be found in the privacy policy (https://www.mytalents.ai/datenschutz).
4.8
Mytalents reserves the right to update, expand or modify the Service, including the mytalents Course Creator, at any time in order to make technical improvements, add new functions or adapt the Service to changes in the legal framework. Mytalents will inform the Customer of any significant changes in good time.
5.1.
The prices shown at the time of ordering apply. Unless otherwise stated, all prices are net prices excluding the applicable statutory value added tax (VAT).
5.2.
Unless otherwise agreed, payments are to be made without discount, discount or other discounts.
5.3.
When using financial institutions and other payment service providers, the payment service providers' terms and conditions and data protection notices also apply.
5.4.
Invoices are sent electronically by email to the customer's email address stored in the account. The same applies to payment reminders.
Mytalents is entitled to block the account or access to the content if the customer is in default of payment. The customer's obligation to pay the usage fees owed remains unaffected.
7.1.
The customer is obliged to keep the information in his account up to date at all times. This applies in particular to the stored email address, as mytalents uses this to provide the customer with important contractual information.
7.2.
The customer undertakes to protect his account against unauthorised access with a sufficiently secure password. Mytalents recommends that customers choose a password consisting of at least eight characters, using lowercase and capital letters, numbers and special characters to secure their account and to change the password regularly. Mytalents is entitled to set minimum technical requirements for password security.
7.3.
The customer is obliged to keep his password and all data that allows unauthorised access to his account secret and to change them immediately or have the password reset by mytalents if he suspects that unauthorised third parties have become aware of this.
7.4.
The customer is prohibited from carrying out or promoting any action that serves or is potentially suitable to impair the functionality and/or integrity of the service, in particular to excessively burden, influence, interrupt or change it.
7.5 The customer is prohibited from disseminating and/or publicly reproducing or transferring content and information from the service (in particular content, texts, logos, images, diagrams, evaluation results, etc.) to external systems and/or databases, unless this distribution and public presentation is intended as part of the intended use of the service.
7.6With the service or individual tools, the customer is obliged not to use or use any data or information whose use violates applicable law, official orders or the rights of third parties.
7.7 The customer is responsible for creating and maintaining the technical requirements for access to the website in his area.
7.8
The mytalents course creator may only be used for the intended purpose. Any use of the service, in particular by the course creator, to create content that violates applicable law, official orders or the rights of third parties is prohibited. Mytalents is not liable for damage caused by misuse by the course creator.
7.9The customer undertakes not to use the mytalents course creator to create content that violates applicable law, in particular not to create illegal, defamatory, discriminatory, violence-glorifying or otherwise inappropriate content. In the event of infringement, Mytalents reserves the right to block the customer's access to the service without warning and to terminate the contract extraordinarily. Further compensation claims remain unaffected.
7.10
The customer is solely responsible for the content that he creates with the help of the mytalents course creator or publishes via the platform. Mytalents assumes no responsibility for the accuracy, legality, or appropriateness of this content. The customer releases mytalents from all claims made by third parties based on content created or published by the customer.
8.1.
Mytalents is entitled to block the account or access to the content if the customer is in default of payment. The customer's obligation to pay the usage fees owed remains unaffected.
8.2Trademarks, company logos, other signs or other identification features may not be removed or changed either in electronic format or in printouts.
The customer is aware that, despite the greatest care and diligence, program errors and system-immanent faults cannot be reliably ruled out according to the current state of the art. In particular, maintenance, security or capacity issues as well as events outside the control of mytalents (such as disruptions to public communication networks, power outages, force majeure, etc.) can lead to a loss of use. Even if the system is running properly, 100% availability of the service cannot be guaranteed. Mytalents strives to keep the service constantly available.
10.1.
Mytalents and the authors of content assume no guarantee or liability for the completeness and accuracy of information content. In particular, except in the case of intent, any liability for loss of profit as well as financial and consequential damages arising from the use of content is expressly excluded.
10.2.Mytalents operates the Service with the greatest possible care, reliability and availability. However, Mytalents does not guarantee that the Service will be accessible without interruption. Mytalents is not liable, except in cases of willful misconduct, for any damages incurred by the Customer as a result of disruptions to the Service
10.3Mytalents is not liable for damages caused by force majeure, riots, acts of war, natural disasters or other events for which it is not responsible (e.g. strikes, acts of domestic or foreign authorities).
10.4Claims for damages by the Customer, irrespective of their legal basis, as well as liability for consequential damages, furthermore damages which are attributable to the use or impossibility of use of the Service, are excluded, insofar as exclusions of liability are permissible. Any liability of mytalents is in any case limited to intent and gross negligence. The reversal of the burden of proof according to § 1298 ABGB is excluded.
10.5Claims for damages on the part of the customer, irrespective of the legal basis, as well as liability for subsequent damage or further damage attributable to the use or inability to use the service, are excluded, insofar as exclusions of liability are permitted. Any liability of mytalents is in any case limited to intent and gross negligence. The reversal of the burden of proof in accordance with Section 1298 ABGB is excluded.
10.6
The content, which is automatically generated using the mytalents course creator, is based on customer input and the use of AI technology. It is common knowledge that AI models can hallucinate, meaning that they occasionally generate inaccurate or fictitious information. Mytalents therefore does not guarantee the completeness, accuracy or timeliness of this content. The customer is responsible for reviewing and, if necessary, adapting the generated content. Any liability on the part of mytalents for direct or indirect damage arising from the use of this content is excluded to the extent permitted by law.
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