Terms and conditions

§ 1 Scope and contracting parties

(1) These terms and conditions apply to all contracts for the use of doclarity between Klartext AI FlexCo, Lerchenfelder Straße 74/2/7, 1080 Wien ("we", "us") and the customer ("you").

(2) doclarity is a product of Klartext AI FlexCo and not a separate legal entity. Every contract is with Klartext AI FlexCo.

(3) The service is open to businesses, public bodies and consumers. Where these terms distinguish between them, that is stated expressly. A consumer is anyone entering into the contract for a purpose that cannot be attributed to a commercial or independent professional activity (§ 1 of the Austrian Consumer Protection Act, KSchG).

(4) Your own differing or supplementary terms do not become part of the contract unless we expressly agree to them in writing. This applies even if we perform without reservation while aware of them.

§ 2 Formation of the contract

(1) The presentation of rates on our website is not yet a binding offer, but an invitation to make one.

(2) The contract is formed when you place a paid order for a rate, a page package or a migration package and we accept it – by confirmation or by activation. For the free plan, the contract is formed when your account is activated.

(3) Enterprise contracts are formed solely through an individual quotation and its acceptance.

(4) Before submitting your order you can review and correct your details. We confirm receipt of your order and the formation of the contract without delay by email. With that confirmation we send you these terms and conditions, the service description, the data processing agreement and, if you are a consumer, the withdrawal information, each in the version in force when the contract is concluded, on a durable medium.

§ 3 Subject matter of the service

(1) doclarity is a software application that analyses PDF documents automatically, applies a PDF/UA tag structure, presents the result in an editor for manual review and correction, and produces a conformance report based on the open-source validator veraPDF. If you upload a Word, PowerPoint or OpenDocument file, we first convert it into a PDF; for scanned originals we obtain the text through optical character recognition. In doing so the service also produces alternative texts for images and adjusts colour contrasts. Which of these steps a particular document goes through depends on the source document; § 4 remains unaffected.

(2) We provide the software as software as a service over the internet. Installation on your systems is not owed unless an on-premise contract has expressly been concluded.

(3) The specific scope – features, included pages, number of users, support – follows from the rate you chose, per the service description.

(4) We develop the software continuously. Changes that do not materially reduce the agreed scope are permitted. Towards consumers we make such changes only where they are minor and objectively justified, for instance because the law has changed, for reasons of security, or because a service we use is no longer available. If we materially reduce the scope, you may terminate the contract extraordinarily within four weeks of receiving notice.

§ 4 No warranty of legal accessibility compliance

(1) What we owe is the software, not the legal compliance of your documents. doclarity helps you produce accessible PDF documents. Whether a particular document meets the requirements of the European Accessibility Act, EN 301 549, the WCAG, the Austrian Disability Equality Act, the Web Accessibility Act or any other rules depends on the source document, on your review, and on how those rules are interpreted in the individual case.

(2) We therefore do not warrant that a document produced with doclarity

• is fully PDF/UA conformant,
• passes any particular check – by veraPDF, PAC or an auditing body – without findings, or
• satisfies the legal accessibility requirements applicable to your case.

(3) Automated tagging is an intermediate result. The editor and the conformance report exist precisely because expert human review remains necessary. Responsibility for publishing a document, and for its accessibility, stays with you.

(4) The conformance report reflects the outcome of a machine check. Machine checks cover only part of the requirements; a report without findings is not a substitute for expert assessment.

(5) Statements on our website, in presentations or in conversation about time savings, quality or conformance levels are indicative experience, not warranted characteristics. Towards consumers, § 922(2) of the Austrian Civil Code (ABGB) remains unaffected.

(6) Exclusively automated processing. doclarity processes your documents exclusively in an automated way and without human review. The results may contain errors; in particular, heading levels, reading order, table structure and alternative texts may be incomplete or incorrect. That is precisely why the editor and the conformity report exist; the expert review of the result is your responsibility.

§ 5 Fees and payment

(1) Fees follow the rate you chose, per the service description. We may adjust them in accordance with section 10 of the service description, which sets out the benchmark, the notice period and your right to terminate.

(2) Towards businesses, all prices are net plus value added tax at the statutory rate. Towards consumers, total prices including VAT are shown.

(3) Billing is in advance for each billing period. Pages count towards your quota only when you download the finished document. Analysis, checking and editing do not count towards your quota; for the AI-assisted functions, the fair-use limits in section 2 of the service description apply. If you download a document whose content has already counted towards your quota within your organisation in the past 30 days, nothing further is counted, no matter how often you download it. What matters is the content of the source file. Once the 30 days have passed, a further download counts again. Usage beyond the included quota is billed only if you have switched on overage billing; otherwise no further downloads are possible once your quota is used up, while you can still upload, process and edit. Paragraph 11 sets out the details of overage billing.

(4) Payments are processed through Stripe. Invoiced amounts are due without deduction upon invoicing.

(5) If a business is in default of payment, default interest under § 456 UGB applies and the costs of appropriate collection measures are to be reimbursed. Towards consumers, the statutory consequences of default apply.

(6) If a due payment remains outstanding despite a reminder and a reasonable grace period, we may suspend access until payment is received. We give notice before doing so.

(7) Businesses may set off only undisputed or legally established claims. This restriction does not apply to consumers.

(8) Page packages. Alongside the rates you can purchase page packages. These do not create a continuing obligation. The fee is payable once, in advance, when you order; the quota you purchased is credited to your account once payment is received. Paragraph 3 applies to counting accordingly: pages count towards your quota only when you download the finished document.

(9) Validity and order of use. Purchased quotas are valid for 36 months from the date of purchase. The time limit exists because page prices and the scope of the service change over time; without it we would have to keep providing the service indefinitely on the terms applying at the time of purchase. We remind you in text form at least 30 days before expiry. Where a quota included in your plan and a purchased page package exist at the same time, the quota included in your plan is used first. If you delete your account, any unused quota lapses without a claim to a refund; this does not apply if you validly withdraw or if we are responsible for the contract ending.

(10) Migration packages. Paragraphs 8 and 9 apply accordingly to migration packages, with the proviso that they are valid for 12 months from the date of purchase. The shorter period exists because a migration package is a project price for a one-off backlog and is priced significantly lower per page than the running plan; that calculation assumes the volume is processed within a foreseeable period. For consumers the validity period is 36 months. We remind you in text form at least 30 days before expiry. Scope and content follow from the respective offer.

(11) Overage billing. Overage billing is deactivated by default. You can activate and deactivate it at any time in your account settings; within an organisation this can be done only by a person holding the Owner role. When it is activated, we show the price per page. When you activate it, you set a spending cap per billing period in the same step; overage billing cannot be activated without a spending cap. We notify you when your quota is used up and when the spending cap you have set is reached.

(12) Withdrawal by consumers. If, as a consumer, you validly withdraw from a contract after having expressly requested immediate performance, you owe the amount corresponding to the pages counted towards your quota up to that point. The details are in the withdrawal policy.

§ 6 Term and termination

(1) The minimum term for each rate follows from the service description and applies with annual payment. With monthly payment the term is one month. You can terminate at any time with effect from the end of the current term; with monthly payment the contract can therefore be terminated monthly.

(2) If a contract with annual payment is not terminated by the end of the term, it renews for twelve months at a time. There is no notice period: you can terminate at any time during the current term, and the termination takes effect at the end of that term. Towards consumers we give separate notice in text form before each renewal, stating that the contract will renew, by when it can be terminated, the period by which it renews, and the fee the renewal involves. We send that notice at least 30 days before the end of the term. If it is not sent, the contract does not renew.

(3) Both parties reserve the right to terminate extraordinarily for good cause. For us, good cause includes in particular substantial payment default, a substantial breach of § 7, or unlawful use of the service.

(4) Notice of termination must be given in text form; email suffices. You can also terminate the contract at any time in your account settings.

(5) After the contract ends you have 30 days to download your documents. We delete them afterwards, or sooner on request.

(6) Ending private access. We may end private access and move your account to the free plan if

• you tell us its conditions no longer apply,
• on a request under § 7(6) you do not confirm your warranty within the period set, or
• use is evidently not for private purposes (§ 7(5)).

We give at least 14 days' notice in text form and state the reason. Your account and documents remain – only the private-access benefits end, and paragraph 5 is not triggered. If you provide the confirmation later, we restore private access without a new application. The right to terminate extraordinarily under paragraph 3 remains reserved for a deliberately false declaration.

(7) Ending the free plan. We may discontinue the free plan or change its scope. We give at least 30 days' notice in text form. Page packages you have purchased remain unaffected. Paragraph 5 applies accordingly.

§ 7 Your obligations

(1) You warrant that you are entitled to have the documents you upload processed, and that processing them infringes no third-party rights.

(2) You must not upload content whose processing would breach applicable law.

(3) Credentials must be kept confidential. User accounts are personal; sharing an account with further people is not permitted. The number of users follows from the rate you chose.

(4) You must not use the service to circumvent its billing limits, overload it, or reproduce how it works.

(5) The free plan and private access are bound to their respective purpose. Private access is open solely to people with a visual impairment, for private purposes; commercial use, or passing results to third parties, is not permitted.

(6) Private access: declaration and confirmation. Private access is granted on your declaration, which you give once at sign-up. You warrant that the declaration is accurate, and you tell us if its conditions cease to apply. We ask for no proof. In justified individual cases we may ask you to confirm the warranty again and to tell us how you use the service. You have at least four weeks to reply. We send the request in a form accessible to you.

§ 8 Rights in content and results

(1) Your documents stay yours. Copyright and any other rights in the documents you upload remain with you or with the respective rights holders; we acquire no rights of our own in them.

(2) So that we can process the documents at all, you grant us a non-exclusive, non-transferable right, unlimited in territory and limited to the contract term, to store, copy, convert into other formats, adapt and transmit them to the processors we engage – solely as far as that is necessary to provide the service to you. We receive no right of use beyond that; in particular we do not use the documents for our own purposes (paragraph 5). After the contract ends this right ends with the deletion under § 6(5).

(3) The tagged documents produced are yours. You may use, publish and pass them on without restriction. One exception applies to the free plan and private access: results there carry a notice of their origin, which must not be removed.

(4) In the software itself you receive a non-exclusive, non-transferable right of use limited to the contract term and to the agreed scope. All further rights in the software, models and documentation remain with us.

(5) We do not evaluate your documents to improve the service. The only exception is documents of private individuals on the free plan, and there only with their separate consent; see the privacy policy, section 7.

(6) Looking at your documents. Beyond the automated processing, staff of Klartext AI FlexCo do not look at your documents. The exceptions are: you ask us to, for example to investigate a problem with a particular document; consent under paragraph 5 has been given; or we are required to by law.

(7) Feedback. When you give us feedback on a result in the service, we read it and use it to improve the service. We see your feedback and the technical identifier of the affected element, not the content of your document. You can additionally share the content of an individual element if you want us to look at it; that is a case of paragraph 6. We record who shared which element and when, and make no copy. Suggestions you write to us in feedback may be used to develop the service further, without payment; no rights in your documents pass to us through this.

§ 9 Availability

(1) We aim for continuous operation but, absent express agreement, owe no particular level of availability.

(2) We announce maintenance in advance where possible and schedule it outside peak times.

(3) We are not liable for outages caused by events beyond our control – in particular disruptions at our infrastructure providers, network failures or force majeure.

§ 10 Warranty

(1) We warrant that during the contract term the software will substantially perform the functions set out in the service description. The benchmark is the functional scope of the software, not the substantive result for an individual document (see § 4).

(2) We remedy defects within a reasonable period. If we cannot, you may reduce the fee appropriately or – for a substantial defect – terminate the contract extraordinarily.

(3) Towards consumers, statutory warranty rights apply undiminished; paragraph 2 does not restrict them.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the Product Liability Act.

(2) Towards businesses, liability for slight negligence is excluded, as is liability for lost profit, indirect damage and consequential damage. Otherwise our liability is limited in amount to the fees you paid for the service in the twelve months before the event giving rise to the claim.

(3) Towards consumers, the limitations in paragraph 2 do not apply. We are liable to consumers under the statutory provisions; § 6 KSchG remains unaffected.

(4) We are not liable for disadvantages arising because a document processed with doclarity fails to meet legal accessibility requirements – in particular not for administrative penalties, third-party damage claims or rework costs. The reason is § 4: expert review of the result is your responsibility. Paragraphs 1 and 3 remain unaffected.

(5) You are required to keep your own backup copies of uploaded documents. We are liable for data loss only to the extent the loss would have occurred had you backed up properly.

§ 12 Data protection

(1) How we process personal data is described in the privacy policy.

(2) Where we process personal data on your behalf – that is, the content of your documents – the data processing agreement applies in addition and becomes part of this contract on its formation.

(3) We use processors to deliver the service, in particular providers for hosting, storage, email, payment processing and AI processing. The current list is in the privacy policy.

§ 13 Confidentiality

Each party keeps the other's confidential information confidential and uses it only to perform the contract. This survives the end of the contract. Information that is public knowledge, or whose disclosure is legally required, is excepted.

§ 14 Changes to these terms

(1) We may change these terms where objectively justified by changes in the law, in case law, or in the scope of the service. Fees and the essential scope of the service are excluded from this amendment mechanism. Changes to charges are instead governed by section 10 of the service description.

(2) We give notice of changes in text form at least six weeks before they take effect. If you do not object within six weeks of receipt, the changes are deemed accepted. We point this consequence out separately in the notice. If you object, either party may terminate the contract with effect from the date the change takes effect.

§ 15 Consumer information

(1) Consumers have a statutory right of withdrawal. You can declare the withdrawal in text form or through the button provided for that purpose in your account. The details, and the consequences of performance beginning early, are in the withdrawal policy.

(2) For out-of-court dispute resolution we take part in proceedings of the Internet Ombudsstelle. We are in any case willing to settle disputes with you directly – write to doclarity@klartext-ai.com.

§ 16 Final provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. Towards consumers this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

(2) The place of performance is our registered office.

(3) For disputes with businesses, the court with subject-matter jurisdiction for our registered office has exclusive jurisdiction. For consumers, the statutory place of jurisdiction applies; § 14 KSchG remains unaffected.

(4) Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by a valid one that comes closest to its economic purpose. Towards consumers, the statutory rule applies in place of the invalid provision.

(5) You may transfer rights and obligations under this contract to third parties only with our consent. We may transfer the contract in the course of universal succession or a transfer of business; consumers may terminate within four weeks in that case.