Terms.

Scope and formation of contract

These Terms apply to current and future services provided by Christian Anton Musilek, whose Austrian trade-authorisation location is Hohenäcker 17/2, 7203 Wiesen, Austria, trading under the business name “Objective Dreams” and, where applicable, “Objective Dreams Interactive” (the “Contractor”), to business customers (the “Customer”), in particular organisational and programming services, custom software, audits and code reviews, software licensing, SaaS, software support, operator services and managed services. Objective Dreams and Objective Dreams Interactive are not separate legal entities.

The Customer’s purchasing or other standard terms apply only if expressly accepted in writing by the Contractor. Individual agreements, the applicable offer, order confirmation, specification, SLA and special product terms take precedence over these Terms.

Offers are non-binding unless expressly stated otherwise. These Terms form part of a contract only where the Customer was referred to them before conclusion of the contract and had an opportunity to review them.

Scope of services and specification

The nature and scope of the services are determined by the applicable offer, order confirmation, specification and – for ongoing services – the agreed SLA. Services outside the agreed scope require a separate agreement and are charged at the agreed rates or, in the absence of an agreement, at the Contractor’s applicable rates.

Custom software and project-specific adaptations are based on the written specification agreed by the parties. The Customer must review and approve that specification for correctness and completeness. Later changes may affect schedule, effort and price.

For audits, code reviews and security assessments, the Contractor owes a professional assessment within the agreed subject matter and scope. Identification of every existing or future defect, vulnerability or risk is owed only where expressly agreed in the order.

Where third-party services are arranged at the Customer’s request, the relevant agreement is concluded directly between the Customer and the third party unless expressly agreed otherwise. Third-party contractual and licence terms apply to those services.

Customer cooperation

The Customer must provide all information, data, documents, test data, access, interfaces, contacts and other cooperation required for performance in due time. The Customer warrants that content and data supplied by it may lawfully be used and made available to the Contractor for the contractual purpose.

Where services are performed in the Customer’s systems, the Customer is responsible for suitable technical conditions and – unless backup is expressly included in the services – for a current and restorable backup of its data and systems.

Delays and additional effort caused by late, incorrect, incomplete or subsequently changed information, missing cooperation or disruptions caused by the Customer or third parties are not attributable to the Contractor. Agreed dates shift reasonably and demonstrable additional effort may be charged.

Credentials, keys and other authentication material must be kept confidential and protected in accordance with the state of the art.

Change requests

Either party may propose changes to the agreed scope. A change request should describe the requested change and, where foreseeable, its impact on scope, schedule and remuneration.

A change becomes binding only when agreed by both parties. Until then, the Contractor performs according to the most recently agreed binding scope.

Dates, partial performance and force majeure

Delivery and performance dates are binding only where expressly agreed as binding. Compliance with dates depends on the Customer fulfilling its cooperation obligations completely and on time.

For divisible services, the Contractor may provide reasonable partial performance and issue partial invoices.

Where performance is materially hindered or prevented by circumstances beyond the Contractor’s reasonable control – including force majeure, official measures, war, terrorism, natural events, strikes, failures of power, telecommunications or data lines, or unavailability of necessary third-party services – affected deadlines are extended reasonably. The parties will promptly inform each other of material effects.

Acceptance of custom software

Custom software and material program adaptations must be reviewed and accepted by the Customer against the agreed specification no later than four weeks after delivery. Material deviations must be reported within this period in a traceable and sufficiently documented manner.

If the Customer allows the acceptance period to expire without reporting a documented material defect, or uses the software in production, the service is deemed accepted. Acceptance may not be refused because of immaterial defects.

Where a timely reported material defect prevents the agreed production use, a further acceptance takes place after remediation.

Prices, invoicing and payment

All prices are in euro plus statutory VAT where applicable, unless stated otherwise in the offer. Agreed travel, accommodation, third-party and other necessary incidental expenses are charged as specified in the offer or at actual cost.

Unless otherwise agreed, invoices are due within 14 days of receipt without deduction. Partial or periodic invoices may be issued for partial or ongoing services.

In case of late payment, statutory default interest for business transactions and legally recoverable collection costs apply. If a material payment default continues despite reminder and a reasonable grace period, ongoing services may be suspended to the extent this does not violate mandatory law.

The Customer may set off claims only where recognised by the Contractor or finally adjudicated.

Copyright, rights of use, source code and documentation

For custom software and project-specific work created exclusively for the Customer, and unless the applicable order provides otherwise, the Contractor grants the Customer after full payment – to the extent the Contractor can grant such rights – an exclusive, worldwide, perpetual right to use, reproduce, modify, further develop, transfer and sublicense the work. Agreed source code, project-specific repositories and agreed documentation are handed over after full payment.

Pre-existing or independently developed tools, libraries, frameworks, templates, generic components, methods and know-how of the Contractor remain with the Contractor. The Customer receives the rights required for contractual use of the delivered work. Open-source and other third-party components remain subject to their applicable licence terms.

For standard software, SaaS products and other products not developed exclusively for the Customer, the Customer receives only the rights granted in the applicable contract or special product terms. Unless otherwise agreed, those rights are non-exclusive, non-transferable and limited to the contract term or purchased licence.

SaaS, software support, operator and managed services

The applicable contract and SLA exclusively determine service scope, service hours, availability, response and recovery times, maintenance windows, backup, restore and other operating parameters.

The Contractor may change or further develop the technical infrastructure used to provide the services provided that the contractually owed service is not materially impaired. Necessary maintenance is carried out taking the agreed SLA into account.

Services outside the agreed support or SLA – including remediation of issues caused by the Customer or third parties, unagreed adaptations, data conversions, restores or additional training – may be charged separately.

At the end of the contract, the Contractor will, on request and for agreed remuneration, assist with an agreed data or system handover. Scope, format, timing and subsequent deletion of Customer data are governed by the contract, SLA and applicable statutory retention duties.

Warranty and remediation

The Contractor warrants that its services conform to the agreed specification within the agreed scope. In business transactions, defects must be reported without undue delay and with sufficient documentation; software defects must be traceable or reproducible where their nature permits.

Remediation takes precedence over price reduction or termination. The Customer must enable all measures reasonably necessary for investigation and remediation.

The warranty period in B2B transactions is six months from delivery or acceptance unless mandatory law or an individual agreement provides otherwise. To the extent legally permissible, the Customer’s warranty rights and resulting claims expire one month after the end of the warranty period. The presumption under section 924 Austrian Civil Code and the defence against the remuneration claim under section 933(3) Austrian Civil Code are excluded to the extent legally permitted.

There is no obligation to provide free remediation for issues caused by unagreed changes by the Customer or third parties, improper use, Customer-provided components or circumstances outside the Contractor’s responsibility. Statutory or contractual update obligations apply only to the expressly agreed extent where exclusion is legally permissible.

Liability

The Contractor is liable to the Customer for demonstrably culpable damage only in cases of intent or gross negligence. Liability for culpably caused personal injury is unlimited. Mandatory statutory liability remains unaffected.

To the extent permitted by law, liability for indirect or consequential loss, loss of profit, business interruption, loss of data and third-party claims is excluded.

Where data backup is expressly part of the services, liability for restoration following a data loss attributable to the Contractor is limited per claim to 10% of the net order value applicable to the affected service or, for ongoing services, the annual net fee, but no more than EUR 15,000, unless intent, gross negligence, personal injury or other mandatory liability applies.

The Contractor is not liable for failures of telecommunications networks, internet connections, power supply or other infrastructure outside its responsibility unless their selection or handling is attributable to the Contractor. Claims for damages become time-barred, to the extent legally permissible, no later than one year after knowledge of the damage and the party causing it.

Data protection and processing on behalf of the Customer

Both parties comply with applicable data protection law. Where the Contractor processes personal data on behalf of the Customer, the parties enter into a data processing agreement under Article 28 GDPR before such processing begins, unless an effective agreement is already in place.

The use of sub-processors is governed by the applicable data processing agreement. The Customer remains responsible for the lawfulness, purposes and permissibility of processing initiated by it unless applicable law provides otherwise.

The general privacy policy for the website is available at /datenschutz.

Confidentiality

Both parties must keep confidential all trade and business secrets and information expressly identified as confidential that becomes known in connection with the contract and must not disclose it to third parties.

This obligation does not apply to information that is publicly known, was already lawfully known to the recipient, was lawfully received from a third party without confidentiality duties, was demonstrably developed independently, or must be disclosed by law or binding official or court order. Subcontractors are not treated as third parties where they are subject to equivalent confidentiality obligations.

Contract term and termination

Project contracts end when the agreed services have been fully performed unless otherwise agreed. SaaS, support, operator and other continuing contracts are governed by the terms and notice periods agreed in the applicable contract or SLA.

If no notice period is agreed for an indefinite continuing contract, either party may terminate it in writing on six months’ notice, but not before the end of an agreed minimum term.

The right to terminate immediately for good cause remains unaffected. Good cause includes a material contractual breach that continues despite written warning and a reasonable cure period, or permanent impossibility of performance.

Early termination of an ongoing project at the Customer’s request requires agreement. Services already performed and demonstrably unavoidable project-specific costs must be paid.

Accessibility and Customer-provided content

A specific level of accessibility is owed only where expressly agreed or where mandatory statutory requirements apply to the specific service. Where applicability depends on the Customer’s business model, target market or intended use, the Customer must provide the information required for that assessment.

The Customer is responsible for the legal permissibility of content, data, brands, media and other materials supplied by it and must ensure that their agreed use does not infringe third-party rights. Any mandatory warning or review duty of the Contractor remains unaffected.

Final provisions

Amendments and supplements are subject to the form agreed by the parties. If any provision of these Terms is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain unaffected.

Unless otherwise agreed and to the extent legally permissible, Austrian law applies exclusively. For disputes arising from or in connection with contracts between businesses, the competent court at the Contractor’s Austrian business location has exclusive local jurisdiction.