1st preamble
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 “service” or “software”).
1.3.
The content of the training platform is divided into free and paid content. Service packages can be purchased by companies (including their employees) (hereinafter referred to as “customer” or “user”).
2. General and scope
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 terms and conditions form an integral part of every contractual relationship regarding the use of the service 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 which the business is part of the operation of the company. The distinction between consumer and entrepreneur is made in accordance with the Consumer Protection Act.
2.3.
Conditions deviating from the present terms and conditions are not valid unless they have been agreed in writing between mytalents and the customer.
2.4.
We would like to point out that separate agreements or terms and conditions from mytalents may apply for certain services. Such separate agreements or terms and conditions take precedence over these terms and conditions. Additional oral agreements are only legally effective and valid if they are confirmed in writing by mytalents to the customer.
3. Conclusion of contract and customer registration
3.1.
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 email address and password or 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 represents an offer to conclude a contract for the use of the service. By completing the registration form, accepting the mytalents terms and conditions and selecting the service package, the user makes 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 upon written order confirmation by mytalents or, at the latest, upon provision of services by mytalents GmbH, Spengergasse 61/11, 1050 Vienna.
(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 paid service package. The contract is automatically extended for a further year. Termination is possible no later than 90 days before the end of the 12-month period. In case of failure to cancel, the license is automatically extended by one additional year at a time. When renewing the subscription, the current prices apply.
3.4.
Offers from mytalents on the website and in promotional materials are subject to change unless they are expressly described as binding. Agreements deviating from these terms and conditions 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. Provision of services, right of use and data protection
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 everyday 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. In doing so, mytalents provides the customer with the latest version of the software for use 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 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 customer's IT systems and the described transfer point.
4.3.
As part of the contract concluded with the customer, Mytalents provides the customer with a non-exclusive right, limited to the duration of the contract and not transferable to third parties, to use the mytalents service under the terms of payment agreed in each case via remote data transfer. The software is not transferred to the customer.
4.4.
Further reproduction or other use of content from 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 transfer of content or its systematic availability to third parties are prohibited.
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 complies with the relevant data protection regulations. Information on data protection is contained 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 changing legal frameworks. Mytalents will inform the customer of significant changes in good time.
5. Prices & payment terms
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.
6. Payment delay & suspension
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. Customer obligations
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.
7.6 With 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.
7.9 The 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. Intellectual property rights
8.1.
The mytalents service is protected by copyright. All published content is also protected by copyright.
8.2 Trademarks, company logos, other signs or other identification features may not be removed or changed either in electronic format or in printouts.
9. Availability
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. Warranty, liability of mytalents
10.1.
Mytalents and the authors of content assume no responsibility or liability for the completeness and accuracy of information content. In particular, except in cases of intent, any liability for loss of profit and financial and subsequent damage arising from the use of content is expressly excluded.
10.2.Mytalents operates the service with the highest 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 intent, for any damage suffered by the customer as a result of service disruptions.
10.3Mytalents is not liable for damage caused by force majeure, riots, acts of war and nature or other events for which it is not responsible (for example strikes, decrees from a senior authority at home or abroad).
10.4 Claims 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 liability exclusions 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.
10.5 The courses and content provided on the mytalents platform, including courses generated with the mytalents course creator, are for informational purposes only. They do not constitute legal, financial or other professional advice and should not be understood as such. Mytalents assumes no liability for decisions made by the customer based on this information.
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.
