Terms and conditions
Version: October 2026
1. Scope
1.1These General Terms and Conditions (terms) apply to all contracts between Thomas Höchtl, Guide Kit (“Guide Kit”, “we”), and its customers (“customer”) for the use of the online platform Guide Kit (software as a service) and related additional services.
1.2Our services are aimed exclusively at businesses within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), including legal entities under public law. We do not enter into contracts with consumers.
1.3Deviating or supplementary terms and conditions of the customer do not become part of the contract, even if we do not expressly object to them.
2. Conclusion of contract
2.1The presentation of the plans on our website is not a binding offer but an invitation to order.
2.2Registration constitutes a contract for the free use of the Starter plan.
2.3The customer can test paid plans free of charge for 30 days. The trial does not turn into a paid plan; this requires an order. If nothing is ordered by the end of the trial, we may, after prior notice, switch the account to the Starter plan or delete it.
2.4A contract for a paid plan or an additional service is concluded by the customer's order (in the Guide Kit Manager or by email) and our confirmation or the activation of the plan.
2.5The customer ensures that the information provided during registration and ordering is correct and complete and keeps it up to date.
3. Scope of services
3.1We provide the customer with the Guide Kit platform for creating, managing and publishing multimedia and audio guides via the internet. The range of functions and quantity limits (e.g. number of tours and stops) depend on the chosen plan.
3.2Hosting, maintenance, updates and support to the extent of the chosen plan are included in the fee. We continuously develop the platform and may change functions, provided that the essential functions of the chosen plan are retained and the change is reasonable for the customer.
3.3The Starter plan serves to get to know the platform; guides cannot be published with it. We may change or discontinue the Starter plan with one month's notice.
3.4For individual functions, such as voice-overs with AI voices, we use third-party services. Automatically generated results may contain errors; the customer checks them before publication.
3.5Additional services such as custom features are agreed and invoiced separately.
4. Availability
4.1We provide the platform with an availability of 99 % on an annual average.
4.2Announced maintenance work and disruptions beyond our control do not count as downtime, in particular force majeure, disruptions of the internet or telecommunications networks, attacks by third parties and disruptions for which the customer is responsible.
4.3Where possible, we carry out maintenance work at times of low usage and announce it in good time.
5. Customer obligations
5.1The customer keeps their access data secret and informs us immediately if they suspect misuse.
5.2The customer is solely responsible for the content they upload (texts, images, audio, video and data). They ensure that they hold all necessary rights and that the content does not violate applicable law, in particular copyright, trademark, personality and competition law. They indemnify us against third-party claims arising from their content.
5.3The platform is developed in accordance with the WCAG guidelines for accessible web content. The customer is responsible for the accessible design of their content, such as alternative texts and transcripts.
5.4The customer refrains from any misuse of the platform, in particular introducing malware, interfering with the security of the platform and placing excessive load on the systems.
5.5In the event of a material breach of these obligations, we may temporarily block the content concerned or the customer's access. We inform the customer of this without delay.
6. Rights of use
6.1For the duration of the contract, the customer receives the non-exclusive and non-transferable right to use the platform within the scope of the chosen plan and to make the guides created available to their visitors. All other rights to the platform remain with us.
6.2The customer retains all rights to their content. For the duration of the contract, they grant us the rights we need to provide our services, in particular to store, reproduce and make the content publicly available.
7. Prices and payment
7.1The prices agreed at the time of the order apply. All prices are in euros plus statutory VAT.
7.2The fee for paid plans is invoiced annually in advance. We send invoices electronically; they are payable within 14 days of the invoice date without deduction.
7.3When changing plans, the fee is recalculated pro rata from the time of the change. We invoice additional amounts and credit reduced amounts.
7.4In the event of late payment, we charge default interest at the statutory rate. If a payment remains outstanding despite a reminder with a grace period of 14 days, we may block access to the platform until payment is received.
7.5We announce price changes at least two months before they take effect. They apply from the next billing period; the customer can terminate the contract until then.
8. Term and termination
8.1Contracts for paid plans are concluded for an indefinite period. Either party can terminate them at any time with effect from the end of a calendar month. Termination is made in the Guide Kit Manager or by email.
8.2We refund fees paid in advance for full months after the end of the contract on a pro rata basis.
8.3The customer can end the contract for the Starter plan at any time by deleting their account.
8.4The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer is more than 30 days in arrears with a payment despite a reminder or seriously breaches their obligations under section 5.
8.5When the contract ends, the customer's guides are taken offline. Upon request before the end of the contract, we provide the customer with their content in a common format. We then delete the content unless there is a statutory retention obligation.
9. Warranty
9.1We warrant that the platform essentially fulfils the functions described for the chosen plan. The customer reports defects without delay and with a comprehensible description; we remedy them within a reasonable period. Remedy takes precedence over other warranty remedies.
9.2We assume no warranty for disruptions caused by improper use, by interventions of the customer or third parties, or by devices and browsers that do not correspond to the state of the art.
9.3The presumption of defectiveness under § 924 of the Austrian Civil Code (ABGB) is excluded.
9.4For the free Starter plan, warranty is excluded to the extent permitted by law.
10. Liability
10.1We are only liable for damage caused intentionally or through gross negligence. We are liable without limitation for personal injury.
10.2Liability for indirect and consequential damage, in particular loss of profit, business interruption, loss of data and third-party claims, is excluded unless caused intentionally.
10.3Liability is limited in amount to the fees paid by the customer to us in the twelve months preceding the damaging event, unless caused intentionally or involving personal injury.
10.4The customer keeps copies of their original files (e.g. images, audio and video) themselves.
10.5Claims for damages become time-barred one year after knowledge of the damage and the party causing it.
11. Data protection
11.1Insofar as we process personal data on behalf of the customer, we conclude a data processing agreement with them pursuant to Art. 28 GDPR. The data is stored in the European Union.
11.2The customer is responsible for the lawfulness of processing personal data contained in their content.
12. Confidentiality
12.1Both parties treat confidential information of the other party that becomes known to them under the contract as confidential, also after the end of the contract.
12.2We may name the customer with name and logo as a reference unless the customer objects.
13. Changes to these terms
13.1We notify the customer of changes to these terms by email at least one month before they take effect. If the customer does not object by the time they take effect, the changes are deemed accepted. We point out this consequence in the notification. In the event of an objection, either party may terminate the contract with effect from the date the changes take effect.
14. Final provisions
14.1Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
14.2The place of jurisdiction for all disputes arising from this contract is the court with subject-matter jurisdiction for Vienna.
14.3Declarations under this contract may also be made by email.
14.4Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes as close as possible to its purpose.
14.5This English version is provided for convenience. In the event of discrepancies, the German version prevails.