Terms of Service (ToS)
1. Scope of Application
1.1 These Terms of Service (hereinafter "ToS") apply to all contracts between Optimind GmbH, Raiffeisenplatz 1, 4863 Seewalchen am Attersee, Austria, Managing Director: Johannes Fladenhofer, Commercial Register Number: 636518 g (hereinafter "Provider"), and its customers (hereinafter "Customer") concerning the paid use of the cloud-based software provided by the Provider for the automated creation and optimization of landing pages (hereinafter "Software").
1.2 The Software is provided exclusively to businesses within the meaning of Section 1 of the Austrian Commercial Code (UGB) (B2B). Any conflicting or deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to them in writing.
2. Subject Matter of the Contract
2.1 Service Description: The Provider makes available a software solution that enables the Customer to run automated A/B tests, optimize landing pages, and analyze conversion rates. The Software is hosted on European servers operated by Microsoft Azure and processes data exclusively in hashed or aggregated form.
2.2 Right of Use: For the duration of the contract, the Customer is granted a simple, non-transferable right to use the Software to the agreed extent.
3. Conclusion of Contract
3.1 The contract is generally concluded through an order placed by the Customer (e.g., via the Provider's website or in writing) and the acceptance of this order by the Provider.
3.2 Upon conclusion of the contract and activation of the access credentials by the Provider, the Customer may use the Software within the scope of the selected plan.
4. Scope of Services and Terms of Use
4.1 Software Plans: The Provider offers various plans with differing scopes of service (e.g., maximum number of landing pages that can be optimized simultaneously, cap on monthly tracked sessions, additional features). Further details can be found in the offer or the product description on the Provider's website.
4.2 Availability: The Provider strives to ensure the highest possible availability of the Software. However, temporary impairments or outages may occur due to maintenance work or unforeseeable events (e.g., force majeure).
4.3 A/B Tests: To run A/B tests, the Customer must implement the JavaScript code provided by the Provider on their own websites. The Customer undertakes to ensure that all consents from their end users that may be required are obtained, where legally necessary.
4.4 Data Processing: The Provider does not process any personal data of end users. All test results and data used for AI-based optimization exist exclusively in hashed or aggregated form.
4.5 Further Development: The Provider is entitled to continuously update and further develop the Software, provided that no essential features forming part of the subject matter of the contract are removed as a result.
5. Obligations of the Customer
5.1 Access Credentials: The Customer is obliged to keep their access credentials secure and confidential and must not disclose them to unauthorized third parties.
5.2 Duties to Cooperate: The Customer shall provide the information and content required for the performance of the services in a timely manner and shall carry out any necessary actions (e.g., implementation of the JavaScript code) without undue delay.
5.3 Legal Compliance: The Customer shall ensure that the use of the Software, the integration of the JavaScript code on their websites, and the collection of the data required for this purpose comply with applicable laws.
6. Remuneration and Payment Terms
6.1 Prices: The prices for the Software depend on the plan selected. All prices are exclusive of the value-added tax applicable in Austria, unless stated otherwise.
6.2 Payment Processing: Payment is made in advance via the payment service provider Stripe. Any applicable fees may vary depending on the chosen payment method and will be communicated to the Customer during the ordering process or in the Provider's offer.
6.3 Default of Payment: If the Customer is in default with a due payment, the Provider is entitled, after setting a reasonable grace period, to block access to the Software and to withhold further services until the Customer has settled all outstanding payments.
7. Term and Termination
7.1 Term: The term of the contract is determined by the billing period selected by the Customer at the time the contract is concluded (monthly, quarterly, or annually).
7.2 Notice Periods:
- Monthly payment: The contract may be terminated by the Customer on a monthly basis. The notice of termination must be received by the Provider no later than the end of the current month in order to take effect at the end of that month.
- Quarterly payment: The contract may be terminated by the Customer at the end of each 3-month period. The notice of termination must be received by the Provider no later than the end of each third month (or the end of the respective renewal period) in order to take effect at the end of that period.
- Annual payment: The contract may be terminated by the Customer at the end of each 12-month period. The notice of termination must be received by the Provider no later than the end of the 12th month (or the end of the respective renewal period) in order to take effect at the end of that period.
7.3 Renewal: If no timely notice of termination is given, the contract is automatically renewed for the previously agreed billing period (monthly, quarterly, or annually).
7.4 Extraordinary Termination: The right of both parties to terminate the contract for good cause remains unaffected. Good cause exists in particular if the Customer fails to fulfill their payment obligations despite a reminder and a reasonable grace period, or persistently breaches essential contractual obligations.
7.5 Consequences of Termination: Upon termination of the contract, the Provider is entitled to block the Customer's access to the Software and to delete all of the Customer's data after a reasonable retention period, unless statutory retention obligations apply.
8. Usage Rights to Data and Results
8.1 Customer Data: All data provided by the Customer remains the property of the Customer. However, the Customer grants the Provider the non-exclusive right to use this data in hashed or aggregated form for the purpose of analyzing and improving the AI model.
8.2 Aggregated Test Results: Test results obtained through the use of the Software (e.g., conversion data) may be used by the Provider in anonymized, hashed, or aggregated form for the further development and optimization of the Software.
9. Use as a Reference
The Customer agrees that their company name, company logo, and a general description of the business relationship (e.g., "Customer since 2025") may be used for reference and marketing purposes. This includes, in particular, presentation on the website, in presentations, in advertising materials, and on social media.
Such use will occur exclusively in connection with the presentation of Optimind as the provider of the software used, and without any substantive statements about the Customer beyond the mere existence of the customer relationship.
The Customer may revoke this consent at any time with effect for the future, in writing or by email to office@optimind.so. Optimind will remove the reference within 14 days of receipt of the revocation, insofar as this is technically feasible with reasonable effort. For materials whose modification would require disproportionate effort (e.g., advertising videos already produced), Optimind is entitled to continue using them until the end of their regular period of use.
10. Liability and Warranty
10.1 Warranty: The Provider owes the provision of the Software in accordance with its current state of development. As the Software is subject to continuous further development, there is no entitlement to an unchanged scope of functionality.
10.2 Extent of Liability: The Provider is liable only for damages resulting from gross negligence or willful intent. In cases of slight negligence, the Provider is liable only for the breach of essential contractual obligations, and then only limited to typical and foreseeable damages.
10.3 Exclusion of Liability: Any further liability (in particular for lost profits, production downtime, data loss, consequential damages, or indirect damages) is excluded to the extent permitted by law.
11. Data Protection
11.1 Responsibility: The Customer is responsible under data protection law for the implementation of the JavaScript code on their websites and — where required — for obtaining the consent of their end users.
11.2 No Collection of Personal Data: According to the Provider, no personal data of end users is collected; only hashed or aggregated data is processed.
11.3 Austrian Data Protection Law: The Provider complies with the applicable data protection regulations in Austria (in particular the Austrian Data Protection Act (DSG) and the GDPR). Further details may be governed by a separate data protection agreement (e.g., a data processing agreement pursuant to Art. 28 GDPR), where required by the Customer.
12. Satisfaction Guarantee
12.1 Guarantee Promise: The Provider guarantees the Customer that, within three (3) months of the production activation of the Software, a relative increase in conversion rate of at least fifteen percent (15%) will be achieved on one of the pages optimized with the Software. The decisive measure is the comparison, determined by means of the Software, between the original baseline or control variant and the variant optimized by the Software. If this increase is not achieved, the Customer is entitled to a full refund of all payments made for the Software up to that point.
12.2 Calculation of the Relative Increase: A relative increase of 15% is achieved if the conversion rate of the optimized variant is at least 1.15 times the conversion rate of the baseline or control variant (example: baseline conversion rate of 10% → required conversion rate of the optimized variant of at least 11.5%). Only the aggregated conversion data documented in the Software is decisive.
12.3 Requirements: The refund claim pursuant to Section 12.1 exists only if the Customer cumulatively fulfills the following requirements:
(a) The Software was actively implemented on the Customer's relevant websites without interruption throughout the entire three (3)-month guarantee period (in particular the JavaScript code pursuant to Section 4.3).
(b) The Customer actively used the Software during the guarantee period, allowed the relevant pages to be continuously optimized, and did not block, reject, or reverse the optimization measures recommended by the Provider without objective reason.
(c) During the guarantee period, the pages concerned accumulated a volume of visitors and conversions sufficient for a statistically robust evaluation. If the volume is insufficient for a statistically significant conclusion, the guaranteed increase cannot be determined and the guarantee claim does not arise.
(d) The Customer duly fulfilled their duties to cooperate pursuant to Section 5.
12.4 Guarantee Period: The guarantee period begins on the day the Customer first activates the Software in production on their websites and ends three (3) months after that date.
12.5 Assertion of the Claim: The Customer must assert the refund claim in writing (an email to office@optimind.so is sufficient) within thirty (30) days after expiry of the guarantee period. After expiry of this period, the claim lapses.
12.6 Evidence and Verification: The determination of whether the guaranteed increase has been achieved is made on the basis of the aggregated conversion data recorded in the Software. The Provider is entitled to verify the data situation using this data.
12.7 Refund: If the requirements pursuant to Section 12.3 are met and the increase pursuant to Section 12.1 has demonstrably not been achieved, the Provider will refund the payments made to the Customer within thirty (30) days after completion of the verification, via the original payment method.
12.8 Exclusion: The guarantee claim is excluded if the failure to achieve the increase is attributable to circumstances for which the Provider is not responsible, in particular improper use of the Software, unauthorized interventions by the Customer in the optimized pages, or force majeure.
13. Final Provisions
13.1 Amendments to the ToS: The Provider is entitled to amend or supplement these GTC with effect for the future. The Provider will inform the Customer of upcoming changes in due time. If the Customer does not object within a reasonable period, the changes shall be deemed approved.
13.2 Written Form: Amendments and supplements to the contract must be made in writing to be effective (email or text form is sufficient unless a stricter form is prescribed). This also applies to any amendment of this written form requirement.
13.3 Applicable Law and Place of Jurisdiction: These ToS and all contracts based on them are governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract is the court with subject-matter jurisdiction at the Provider's registered office, unless a mandatory place of jurisdiction applies.
13.4 Severability Clause: Should individual provisions of these ToS be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
Version dated: June 29, 2026
