General Terms and Conditions

These General Terms and Conditions (Terms) apply to all contracts between Adrian Kloc Digital Solutions (AKDS) (hereinafter “MAGSARO”, “we”) and its customers (hereinafter “customer”) regarding the use of the MAGSARO platform. They apply to both consumers and business customers. Any differing terms of the customer do not become part of the contract unless we expressly agree to their application.

MAGSARO is a software-as-a-service platform that uses artificial intelligence to create, host and operate websites. Depending on the chosen plan, the scope of services includes in particular:

• AI-assisted creation of design, copy, logo and basic SEO data,
• hosting and operation of the website on servers in the EU,
• integrated tools such as contact management (CRM), newsletter and statistics,
• ongoing SEO optimization and a support/ticket system,
• optionally bookable add-ons (e.g. appointment booking, live chat) and — depending on the plan — your own domain.

The specific range of features follows from the chosen plan and the details provided during the order process.

The contract is concluded when the customer registers, selects a plan in the generator or checkout, and confirms the chargeable order. By confirming, the customer accepts these Terms as well as the privacy policy. We confirm the conclusion of the contract by email.

Use takes place within a monthly hosting subscription. There are no one-time payments. The following prices apply (incl. any statutory VAT):

Optional add-ons can be booked per website and cancelled at any time; they cost from €9 to €29 per month (appointment booking and live chat €9 each, restaurant package €19, payments in the catalogue €29). Hosting for a website is billed separately (€3 subdomain, €6 own domain, €12 domain incl. management). Charges are monthly in advance and are collected via the payment service provider chosen by the customer (Stripe, PayPal, Apple Pay or Google Pay). If the customer falls into arrears with payment, we are entitled to suspend the service after a reasonable period.

Contracts for the hosting plans (Starter, Business, Komplett) have a minimum term of 12 months. After that, the contract continues for an indefinite period and can be cancelled with one month's notice. Optional add-ons (e.g. appointment booking, live chat), by contrast, are cancellable monthly to the end of the billing month. Cancellation is possible via the dashboard or informally by email to office@akds.at; any statutory right of withdrawal for consumers (see §11) remains unaffected. When the cancellation takes effect, the website is taken offline. Before it ends, the customer can export their content and data; for plans with their own domain, a domain transfer is possible. We delete the data after a reasonable period following the end of the contract, unless statutory retention obligations require otherwise.

The customer undertakes in particular to:

• publish only lawful content and not infringe the rights of third parties,
• not post any illegal, discriminatory, pornographic or copyright-infringing content,
• ensure the accuracy of their information, in particular the mandatory details (imprint, privacy policy) of their own website,
• keep their access credentials confidential.

In the event of serious or repeated violations, we are entitled to block the affected content or terminate the contract for good cause. We point out that certain professions (e.g. doctors, lawyers, financial service providers) may have additional legal requirements for their website; compliance with these is the customer's responsibility.

The customer receives the rights to the content generated for their website that are necessary for its contractual use. The underlying platform software and its source code remain with MAGSARO. AI-generated content is provided “as is”; the customer is responsible for the final review and use.

As part of the SEO service, at the customer's request MAGSARO analyzes competitor websites named by the customer. In doing so, only publicly accessible, search-engine-relevant data is evaluated (in particular page titles, meta tags, headings and thematic keywords). MAGSARO respects the robots.txt of the respective website, does not copy content and does not process personal data of third parties. The evaluation serves solely to improve the visibility of the customer's website. The customer confirms that they are entitled to name the specified competitor URLs. MAGSARO does not owe any specific result (e.g. a particular search engine ranking, reach or revenue); SEO recommendations are non-binding suggestions.

We strive for the highest possible availability of the platform and the hosted websites, but do not guarantee any specific availability (e.g. 100%). Brief limitations due to maintenance, updates or disruptions beyond our control are possible. We carry out necessary maintenance work at low-usage times where possible.

The statutory warranty provisions apply. We are liable without limitation for intent and gross negligence, as well as for injury to life, body or health. In cases of slight negligence, we are liable only for the breach of essential contractual obligations and limited to the foreseeable damage typical of the contract. Liability for the loss of data is limited to the effort that would have been required for recovery had the customer performed proper data backups. MAGSARO assumes no warranty for search engine rankings, visibility or economic success. Generated content and legal texts do not replace professional (legal) advice.

Consumers are generally entitled to a 14-day right of withdrawal for distance contracts. Since the service (creation and provision of the website) regularly begins immediately at the customer's request, the right of withdrawal expires early upon full performance of the contract, provided the customer has expressly agreed to this and has confirmed their knowledge of the loss of the right of withdrawal. Details and the model withdrawal form can be found in our withdrawal policy. There is no right of withdrawal for business customers.

We may change these Terms and the prices with effect for the future. We will notify you of changes at least 30 days before they take effect, in text form (e.g. by email). If a consumer does not object or continues to use the offer after the change takes effect, this is deemed to be consent; we will separately point out the right to object and its consequences in the notice. The customer may terminate the contract until the changes take effect.

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected. For business customers, the registered office of MAGSARO is the place of jurisdiction. Should any provision be invalid, the validity of the remaining provisions remains unaffected. For online dispute resolution, see ec.europa.eu/consumers/odr.