Terms & Conditions (T&Cs)

§ 1 Scope of Application

Insofar as you (hereinafter: "Customer") use services from us, OLVI Management (represented by Olha Pirohova), In der Delle 11, 51588 Nümbrecht, Germany, e-mail: info@olvi.tech, VAT ID: DE454448815, and/or conclude consulting/coaching contracts and/or book automation services with us, the exclusive application of these Terms and Conditions (T&Cs) is agreed.

With regard to entrepreneurs, these terms also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their application is hereby objected to; they only become part of the contract if we have expressly consented to them.

Our services are aimed exclusively at entrepreneurs. An entrepreneur is a natural or legal person who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. Upon conclusion of the contract, the Customer confirms that they are acting in the exercise of their commercial or independent professional activity.

The version of our T&Cs valid in each case prior to the use of our services is decisive.

§ 2 Subject Matter of the Contract

We offer our customers in particular the conception, development and operation of automation solutions (n8n workflows), AI-powered agents, content pipelines and consulting services in the field of digital automation.

The respective service description results directly from our offers. Unless expressly agreed otherwise in writing, we owe the provision of services and not the production of a work result. The Customer is aware that a corresponding success (e.g. a certain number of conversions or sales) is not owed by us.

Within the framework of the contractual relationship, the Customer is obliged to cooperate. The Customer will provide the necessary cooperation actions (e.g. access, approvals, content specifications) promptly upon first request.

Insofar as and to the extent that service offerings of third parties (e.g. OpenAI, n8n, Telegram) are also integrated on or through us, contracts for the procurement of such services are concluded exclusively with the respective provider.

The Customer must examine every partial service delivered by us (workflow drafts, concepts, automations, approval interfaces) immediately, but at the latest within five working days of receipt, and complain about any defects in writing. If no timely complaint is made, the respective partial service is deemed to be approved as compliant with the contract (deemed acceptance). Rights due to hidden defects as well as in the case of intent or gross negligence remain unaffected.

§ 3 Conclusion of Contract

The presentation and advertising of our services on our websites, in brochures or advertisements does not constitute a binding offer to conclude a contract. The contract can be concluded by telephone, in writing or in text form through offer and acceptance. Upon request, the Customer receives an order confirmation in text form.

§ 4 Prices and Payment Terms

All price information from us consists of net prices and is subject to the applicable value added tax. Our services are provided at the times specified in the offer. Unless otherwise agreed, the Customer is obliged to pay in advance. The agreed remuneration is due according to the payment plan named in the offer.

The payment method (SEPA direct debit, payment on invoice, etc.) and the payment target are determined by the provision specified in the respective offer. In the case of SEPA direct debits, the pre-notification is shortened to five days.

In the event that agreed direct debits cannot be collected from the Customer's account and a chargeback occurs, the Customer is obliged to transfer the amount owed to us within three working days of the chargeback and to bear the costs incurred as a result of the chargeback.

Offsetting against counterclaims is only permitted on a mutual basis if the respective other contracting party has recognized the offsetting or if it has been legally established. The same applies to the exercise of a right of retention.

§ 5 Termination, Term

The contract is concluded for a fixed term as agreed in the respective offer. Early termination rights of the Customer within the term of the contract are excluded. The right to terminate without notice in the event of an important reason remains unaffected.

An important reason exists in particular if the Customer is in arrears with due payments amounting to at least two monthly installments. In this case, we are entitled to terminate the contract extraordinarily after the Customer has been unsuccessfully granted a grace period for payment. Claims for damages remain unaffected.

In the event of early termination by the Customer for an important reason, our claim to remuneration remains unaffected. The Customer reserves the right to prove that no damage or significantly less damage has been incurred by us. Notices of termination require written form to be effective.

§ 6 Default

Deadlines for the provision of services by us do not begin until the invoice amount has been received by us in full or according to the agreed payment plan. We are furthermore entitled to refuse the provision of services until all data from the Customer necessary for the services is fully available to us.

§ 7 Performance and Liability

We will perform the agreed services in accordance with the offer with the necessary care. We are entitled to use the assistance of third parties / external service providers for this purpose.

It is agreed that, unless otherwise and explicitly agreed in writing, we owe the provision of services and not the production of a work result. If we are prevented from providing the agreed services and the reasons for the prevention originate from the Customer's sphere, our claim to remuneration remains unaffected.

Claims for damages against us, our legal representatives or vicarious agents are excluded, regardless of their legal basis. This does not apply to claims based on damages caused by us if the damage consists of injury to life, body or health, if the damage was caused intentionally or with gross negligence, if the asserted claims are based on the Product Liability Act or in the case of warranty promises. In these cases, we are liable without limitation.

In the event of a breach of cardinal obligations due to slight negligence, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

§ 8 Conduct and Consideration

The Customer must ensure the usual conduct of an honest merchant towards us and the third-party service providers involved. We reserve the right to pursue unlawful and/or inappropriate statements about our company and our services, in particular untrue factual assertions and abusive criticism, under civil law and to file criminal charges.

If the Customer impairs the operation of our services through inappropriate conduct, we will ask the Customer once to remedy the impairments. In the event of a repeat, we are entitled to exclude the Customer from our services temporarily or permanently. Our claim to remuneration remains unaffected.

§ 9 Usage Rights

Limited to the duration of the contract term, the Customer receives a simple, non-transferable and revocable at any time usage right with respect to the content and materials provided by us (workflows, documentation, configurations) exclusively for the purpose of fulfilling the contract.

Access and logins to our systems are made available to the Customer exclusively for the duration of the booked contract term and strictly personally. Passing on the provided access to unauthorized third parties is strictly prohibited. In the event of a violation, the Customer is obliged to pay a reasonable contractual penalty in the amount of EUR 5,000 per violation. The assertion of further damages remains reserved.

§ 10 Use of AI Tools

The Customer expressly agrees that we will use AI-powered tools and automated processes in the course of providing the agreed services. The use of these AI tools serves to optimize business processes and collaboration with the Customer, for example by summarizing and evaluating meetings, analyzing communication content and work processes, and deriving recommendations for action.

The Customer undertakes to inform all persons within their area of responsibility who come into contact with us in advance and in an appropriate manner about the use of AI tools. The Customer indemnifies us against all claims by third parties arising from the Customer's failure to properly fulfill their information obligations.

§ 11 Data Protection

The protection of personal data has the highest priority for us. Personal data is stored and used in accordance with our privacy policy, which is available at https://lyxus.olvi.tech/datenschutz/. The Customer consents to being contacted by us by means of telecommunications media (e-mail, phone, messenger services).

§ 12 Right of Withdrawal

We exclusively conclude contracts with entrepreneurs. There is therefore no statutory right of withdrawal.

§ 13 Amendments, Applicable Law, Place of Jurisdiction

We reserve the right to amend these Terms and Conditions at any time. We will notify the Customer of the planned amendments in text form (by e-mail) at least six weeks before the planned effective date. The Customer may object to the amendments within this period. If the Customer remains silent within the period, the amendments are deemed to be accepted. If the Customer objects, each party has the right to terminate the contract with immediate effect. Amendments that significantly extend the subject matter of the contract or shift our main performance obligations to the detriment of the Customer require the express consent of the Customer.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

For all disputes arising from or in connection with this contract, the courts at the registered office of the provider (Nümbrecht / Gummersbach) shall have exclusive jurisdiction. We are, however, entitled to assert our claims against the Customer also at the Customer's general place of jurisdiction.

The contract language is German.

The invalidity of individual provisions does not affect the validity of the other provisions. In place of the invalid provision, a provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision.