These General Terms and Conditions (GTC) apply to all contracts between AutoLetter GmbH, Emil von Behringstraße 14, 9500 Villach, Austria (hereinafter "AutoLetter") and the user (hereinafter "Customer") regarding the use of the AutoLetter platform for automated direct mail advertising.
Deviating terms of the Customer shall not be recognized unless AutoLetter expressly agrees to their validity in writing.
The GTC apply to both consumers and entrepreneurs unless expressly stated otherwise.
§ 2 Subject Matter
AutoLetter provides a Software-as-a-Service (SaaS) platform for the creation, management, and automated sending of personalized advertising letters and print mailings.
The exact scope of services is determined by the respective product description and the selected plan at the time of contract conclusion.
AutoLetter reserves the right to further develop the platform and expand its functionality. Significant restrictions to existing features will be communicated to the Customer in a timely manner.
§ 3 Registration and User Account
Registration and the creation of a user account are required to use the platform. The Customer is obligated to provide truthful and complete information.
The Customer is responsible for the security of their login credentials and must protect them from third-party access.
Each user account may only be used by one natural person or an authorized representative of a company.
AutoLetter reserves the right to suspend or delete user accounts in case of violation of these GTC or in case of reasonable suspicion of misuse.
§ 4 Service Description
AutoLetter provides a web-based platform through which customers can create, personalize, and automatically send advertising letters. Shipping is handled by partner printers and delivery service providers.
AutoLetter guarantees a platform availability of 99.5% on an annual average. Planned maintenance work, which is carried out with reasonable advance notice, is excluded from this.
AutoLetter is entitled to engage subcontractors (in particular printing and delivery service providers) for the provision of services.
§ 5 Prices and Payment
The currently applicable prices are listed in the price list on the AutoLetter website. All prices are in euros and exclusive of statutory VAT.
Billing is done monthly or per letter sent, depending on the selected plan. Invoices are delivered electronically via email.
Payments are due within 14 days of the invoice date. In case of late payment, AutoLetter is entitled to charge default interest at the statutory rate.
AutoLetter reserves the right to adjust prices with a notice period of at least 4 weeks to the following month. The Customer has a special right of termination in this case.
§ 6 Data Processing
Insofar as AutoLetter processes personal data on behalf of the Customer, the parties shall conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.
The Customer remains the data controller for the data provided to them and bears the responsibility for the lawfulness of data processing.
AutoLetter processes the Customer's data exclusively in accordance with the Customer's instructions and the provisions of the DPA.
§ 7 Customer Obligations
The Customer undertakes to use the platform only for lawful purposes and to comply with applicable law, in particular the Unfair Competition Act, the GDPR, and the Telecommunications Act.
The Customer warrants that they have the necessary rights to the content they upload (texts, images, addresses) and that such content does not infringe the rights of third parties.
The Customer is obligated not to send any unlawful, offensive, discriminatory, or misleading content through the platform.
The Customer shall indemnify AutoLetter against all claims by third parties arising from unlawful use of the platform by the Customer.
§ 8 Warranty and Liability
AutoLetter is liable for damages only in cases of intent and gross negligence. In cases of slight negligence, AutoLetter is only liable for breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable, contract-typical damage.
AutoLetter's liability per damage event is limited to the amount of the fees paid by the Customer in the last 12 months.
AutoLetter is not liable for damages resulting from incorrect or incomplete information provided by the Customer, particularly incorrect recipient addresses.
AutoLetter assumes no liability for the delivery of letters by the postal service provider. Delivery is subject to the terms and conditions of the respective postal service provider.
The limitations of liability do not apply to damages resulting from injury to life, body, or health, or in cases of fraudulent concealment of defects.
§ 9 Contract Duration and Termination
The contract is concluded for an indefinite period unless a fixed term is expressly agreed upon.
The contract may be ordinarily terminated by either party with a notice period of one month to the end of the month.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular when a party repeatedly violates essential contractual obligations despite prior notice.
Upon termination of the contract, AutoLetter will retain the Customer's data for a period of 30 days. Thereafter, the data will be irrevocably deleted unless there are statutory retention obligations.
§ 10 Data Protection
AutoLetter processes personal data of the Customer in accordance with applicable data protection laws. Please refer to our Privacy Policy for details.
The Privacy Policy is available at /autoletter-datenschutz/ and is an integral part of the contractual relationship.
§ 11 Final Provisions
Austrian law shall apply to the exclusion of 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 these GTC shall be Villach, Austria, provided the Customer is an entrepreneur.
Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.
Amendments and additions to these GTC must be in writing. This also applies to the waiver of this written form requirement.
