Terms and Conditions

1 Scope

These General Terms and Conditions apply to all legal transactions between the sole proprietorship Noah Soticek, hereinafter referred to as the seller, and a consumer. They are valid for all contracts concluded between you as our customer and us via our online platform.

2 Conclusion of Contract

The provisions of these General Terms and Conditions apply to orders placed by consumers via the website www.dreavie.com and its subdomains.

2.1 The presentation and promotion of items on our website does not automatically constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (proposal).

2.2 You can place your order using the online ordering option available on our website. The General Terms and Conditions (GTC) become part of the contract with the purchase of a product on our website. You will be given the opportunity to familiarize yourself with their content in any case.

2.3 The conclusion of the contract through the option to order online on our website takes place in the following steps:

2.3.1 On our website, you can select the offered articles for purchase. Before you submit the order, you have the option to review the selected product and make any adjustments to the order. Using the usual mouse and keyboard functions as well as the "Back" function of your browser, you can make corrections before completing the ordering process by clicking on the "Buy" button. By carefully reading the information displayed in your browser and carefully checking your entered data, possible errors can be detected. If necessary, you can also use the magnification function ("magnifying glass function") of your browser. You can cancel the ordering process at any time by closing the browser window.

2.3.2 By sending an order via our online ordering function on our website and clicking on the "Buy" button, you place a legally binding order for the products you have previously selected for purchase.

2.3.3 After your order has been placed, you will immediately receive a confirmation by email. This message contains the details of your order, which you can print out using the "Print" function. The automatic acknowledgment of receipt only indicates that we have received your order but does not constitute acceptance of your offer – unless we explicitly confirm acceptance in the email alongside the acknowledgment of receipt.

2.3.4 You remain bound to your order for 14 days after placing the order; any existing right to withdraw the order is not affected by this.

2.3.5 The contract becomes valid only after we have expressed consent to your proposal. Usually, this is done through a separate email that serves as an order confirmation.

2.4 The contract is concluded in German.

2.5 If you provide your email address during the ordering process or other inquiries, it is your responsibility to ensure the existence and correctness of the provided email address and to ensure that you can receive emails from us or third parties we have commissioned to process your order. Adjust automatic SPAM filters accordingly and monitor them.

2.6 Invoicing is done electronically.

2.7 The prices displayed on our website are total amounts, including statutory value-added tax and other price components, plus any applicable shipping costs, unless expressly described otherwise.

3 Right of Withdrawal

3.1 If you act as a natural person who places the order predominantly for reasons that cannot be attributed to your professional or independent activity, you have a right of withdrawal according to legal regulations. Further details on the right of withdrawal can be found in our withdrawal instructions.

4 Payment Terms

4.1 Processing of payments via the payment service provider Stripe: We offer you various options to make payments via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

Stripe Direct Debit: If you choose this payment method, the payment will be processed by collecting our claim for payment of the agreed price via SEPA direct debit by Stripe. Our claim for payment of the agreed price becomes due after the SEPA direct debit mandate has been issued and the period for the prior notification of the payment collection, called prenotification, has expired. The prenotification is an announcement by Stripe on our behalf to you, announcing the payment collection via SEPA direct debit and giving you the opportunity to prepare for the collection and ensure that your account is covered at least to the amount of the payment. Stripe will only collect the payment after the SEPA direct debit mandate has been issued and the prenotification period has expired. If the payment collection via SEPA direct debit is not possible due to insufficient account coverage, an incorrect bank connection, or an unauthorized objection to the collection, you must bear the costs incurred for a chargeback by the affected credit institution in case of fault. However, you have the opportunity to prove that no or only minor damage has been caused by the chargeback.

Stripe Credit Card: If you choose this payment method, the invoice amount is due immediately upon conclusion of the contract unless we have made a different arrangement with you. After confirming the payment instruction and legitimizing yourself as the credit card owner, the transaction is initiated and carried out by your credit card provider. Consequently, your credit card is charged. Stripe reserves the right to check your creditworthiness and to reject the payment method in case of a negative credit rating.

4.2 The payment method stored in your user account can be adjusted by you at any time.

5 Contract Duration and Termination

5.1 For services provided by us within ongoing contractual relationships, you can find information on the contract duration and termination in the description of our services. There are also the respective conditions for terminations, in particular the notice periods.

5.2 In any case, the right to extraordinary termination for an important reason remains. Such a reason exists if, considering the specific circumstances and the interests of both parties, it is unreasonable for the terminating party to continue the contractual relationship until the agreed end or until the expiration of the notice period.

5.3 Termination must be made either in text form or directly via the user account. This can be done, for example, by email or letter.

6 Amendment of the GTC or Our Services

6.1 We reserve the right to adjust our General Terms and Conditions (GTC) or our services:

6.1.1 if an adjustment of our GTC or our services to the applicable laws is necessary, in particular due to changed legal frameworks, legal developments, or if we have to comply with a court or administrative order;

6.1.2 if technical or procedural changes, which have no significant impact on you, require a modification of the GTC or our services;

6.1.3 if we introduce new or additional services that need to be integrated into the GTC, without having negative consequences for the existing contractual relationship with you;

6.1.4 if the modifications to our GTC or our services only bring legal advantages for you.

6.1.5 Changes will be communicated to you in writing, by fax, or by email. If you do not object to the changes within six (6) weeks of receiving the notification, they will be considered accepted by you. Separate notice will be given of the right to object and the consequences of failing to object.

6.1.6 Your rights regarding the termination of the contractual relationship with us remain unaffected.

7 Data Protection

Please refer to our privacy policy for details on the processing of personal data.

8 Customer Service

For concerns, dissatisfaction, or complaints, you can send us an email at office@soticek.com.

9 Consumer Arbitration Board

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

10 Online Dispute Resolution

The European Commission has established an Internet platform for online dispute resolution (ODR platform) between entrepreneurs and consumers. The ODR platform is accessible at https://ec.europa.eu/consumers/odr/

11 Applicable Law and Jurisdiction

11.1 Austrian law applies, excluding the UN Sales Convention. Regulations restricting the choice of law and mandatory laws, in particular those of the country in which you, as a consumer, usually live, are not affected.

11.2 If you, as a customer, are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us is our company's registered office. The relevant statutory provisions apply to local and international jurisdiction.

12 Terms for Using Our Services

The services offered by Noah Soticek, which utilize Artificial Intelligence (hereinafter also referred to as "AI"), are subject to the following terms:

12.1 Human Review of AI-Generated Content

All texts generated by our AI models must be carefully reviewed by a human for accuracy, completeness, truthfulness, and potential violations of copyright or similar rights before their publication. If the AI is integrated into an automated workflow and called upon automatically, a step involving human review of the generated content must be implemented. Noah Soticek assumes no liability for the generated content. The responsibility for the use of the content generated by the AI lies with the user.

12.2 Compliance with Legal Rights

The use of AI must not violate any applicable laws, including copyright, trademark, or other intellectual property rights. The user is solely responsible for adhering to these rights and is liable for any violations.

12.3 Right to Restrict or Terminate AI Use

Noah Soticek reserves the right to restrict or terminate the use of AI in cases of misuse or violations of these terms. The company also reserves the right to update or modify the functionalities of the AI models, particularly with regard to the protection of intellectual property rights.

12.4 Development and Maintenance of AI Models

The AI models of Noah Soticek are developed and maintained with the utmost care and knowledge to ensure high quality and performance. However, the company does not guarantee the accuracy, completeness, or reliability of the generated content. The use of AI is at the user's own risk.

12.5 Limitation of Liability

Any liability of Noah Soticek, its representatives, or employees for damages or losses resulting from the use of Artificial Intelligence is excluded, as far as legally permissible.

12.6 User Obligations

The user commits not to use the AI and its functionalities for unlawful, fraudulent, defamatory, offensive, or otherwise objectionable actions. Such misuse may lead to the immediate suspension or termination of access to the AI.

12.7 Amendment of Terms

Noah Soticek reserves the right to change these terms and conditions for the use of Artificial Intelligence at any time and without prior notice.

13 Fair Use Policy

To ensure a high-quality, fast, and reliable service, we at Cai have introduced a fair use policy. This applies even to unlimited quotas, to prevent excessive demand on our services. We expect every user to use the tool sensibly and responsibly. There are specific limits and restrictions set by our partner company, OpenAI, and each user must adhere to these guidelines.

Our goal is to ensure equal and fair service quality for all users. Excessive use by an individual user can impair the speed and quality of service for others. Therefore, the text generation function for users consuming more than 1 million words per month will be automatically disabled until the next billing cycle. If it is clear before use that this limit will be exceeded, support can be contacted at office@cai.so for a suitable offer.

Users are requested to choose the tariff according to their professional and company size, and to upgrade to a higher tariff or request an individual tariff in case of very high usage.

To prevent automated and robotic-like behavior and to ensure the security of our service and our partners, there are specific usage restrictions for our AI engine. Sharing login details for an unlimited account with others for financial gain is illegal and prohibited. An account is intended for use by a single user, and sharing it among multiple users is not allowed. If our system detects unusual usage patterns in a short time, it may lead to temporary deactivation of the account.

Please note that in cases of unusually high usage or illegal sharing of login details, your account may be locked or permanently deleted without prior notice. In such cases, no claims can be made and no refunds will be granted. By using our service, you agree that any claims or disputes raised by you or your bank will be automatically dismissed.

Prohibited Uses

You may only use the service for lawful purposes and in accordance with our terms. You commit to not using our service in a way that violates applicable laws or regulations, harms minors, conducts unauthorized advertising, infringes the rights of others, or is otherwise unlawful, threatening, fraudulent, or harmful. Our AI service provider "Open AI" does not allow the creation of sexual, religious, and political content, and therefore, it is strictly prohibited for you to create such content. If there are unintended attempts to create such content, our system will display an error message, and repeated attempts may lead to the termination of your subscription and exclusion from our services without refund. Additionally, you commit to not using the service in a way that impairs the service, performs automated monitoring or copying of content without our consent, or introduces harmful material. You must also not attempt to gain unauthorized access to parts of the service or associated servers, computers, or databases, or to disrupt, damage, or interrupt them.

14 Final Provisions

If any provision of these Terms and Conditions is wholly or partially invalid, void, or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.