Terms of Service

§ 1 Scope and acceptance

These Terms of Service ("Terms") govern the use of the Digital Art Factory platform, including the customer portal at art.farmer.diamonds and each customer's dedicated instance (together, the "Service"), provided by Farmer Diamonds – IT Service Provider GmbH, Jensengasse 6, 8010 Graz, Österreich ("Farmer Diamonds", "we"). By signing an order or by using the Service, you accept these Terms. Individual written agreements (order forms, a data processing agreement, and any agreed service levels) take precedence over these Terms where they conflict. The Service is directed primarily at businesses; where consumers within the meaning of the Austrian Konsumentenschutzgesetz (KSchG) use the Service, their mandatory statutory rights remain unaffected.

§ 2 The service

The Digital Art Factory is a fully managed software-as-a-service platform. Each customer receives one dedicated container that holds their application and all of their data, with strict per-customer isolation: customers never share an application instance or database with other tenants. Instances are provisioned, bound, activated, deactivated and decommissioned exclusively by Farmer Diamonds operators; customers do not manage infrastructure themselves. The Service runs on Farmer Diamonds' own European infrastructure. The concrete functional scope of your instance is defined in your order.

§ 3 Access and security keys

3.1 Sign-in is passwordless via WebAuthn using a hardware security key (e.g., YubiKey). Upon contract conclusion you receive a one-time enrollment link valid for 24 hours; enrollment is completed by activating your security key through that link.

3.2 You must keep your security key safe and notify us without undue delay at support@farmer.diamonds if a key is lost, stolen or compromised. We will revoke the affected key and issue a new enrollment link.

3.3 Sessions are server-side and time-limited (currently 12 hours). We may terminate sessions and suspend access where necessary to protect the Service or your data.

3.4 Access credentials and enrollment links are personal to the named user and must not be shared.

§ 4 Fees and payment

4.1 The Service is provided against the subscription fees set out in your order. Unless stated otherwise, fees are payable in advance per billing period and are exclusive of applicable VAT.

4.2 Invoices are due within 14 days of the invoice date unless the order provides otherwise.

4.3 If payment is overdue, we may — after reminder and reasonable grace period — suspend access to the Service until outstanding amounts are settled. Your data remains stored in your instance during a suspension. Statutory default interest and rights remain unaffected.

4.4 Price changes take effect only for the following renewal term and will be announced at least one month before renewal; if you do not agree, you may terminate as of the end of the current term.

§ 5 Term, renewal and termination

5.1 The subscription term and renewal cycle are set out in your order. Unless agreed otherwise, subscriptions renew automatically for successive terms of the same length if not terminated in writing (email suffices) with one month's notice to the end of the current term. Mandatory consumer rules on automatic renewal remain unaffected.

5.2 Either party may terminate for good cause without notice; for us, good cause includes serious or repeated breaches of § 7 that are not remedied after warning.

5.3 Effects of termination: upon termination we will, on request, make your data available for export in a common machine-readable format for a period of 30 days after the end of the contract. Thereafter we decommission and delete your dedicated container; because your application and data live entirely within it, this deletion is complete. The data processing agreement governs the details.

§ 6 Your data and content

6.1 You retain all rights to the content and data you store or process in your instance. We acquire no rights to it beyond what is technically necessary to provide the Service.

6.2 For personal data in your instance, you are the controller and we act as your processor under the data processing agreement (Art. 28 GDPR), which forms part of the contract.

6.3 You are responsible for the legality of the content and data you process in your instance and for maintaining your own copies of any data you cannot afford to lose beyond the Service's agreed backup scope (see your order).

§ 7 Acceptable use

You must not use the Service to:

• store, process or distribute content that is unlawful, or that infringes intellectual-property, personality or privacy rights of others;
• send spam or other unsolicited bulk communications;
• attack, probe or disrupt the Service, its infrastructure, or third-party systems, or attempt to access other customers' instances;
• run workloads unrelated to the contracted purpose that abusively consume compute, storage or network resources, or circumvent agreed resource limits;
• resell, sublicense or provide the Service to third parties unless expressly agreed.

We may suspend an instance where necessary to stop ongoing serious violations or to comply with legal obligations; we will inform you without undue delay and lift the suspension once the cause is resolved.

§ 8 Availability and maintenance

8.1 We operate the Service with care on redundant, self-hosted infrastructure, but — unless a specific service level has been agreed in your order — we do not guarantee a particular availability percentage.

8.2 Planned maintenance is announced in advance where reasonably possible and scheduled to minimize disruption. Urgent security maintenance may be performed without prior notice.

8.3 Events outside our reasonable control (force majeure, failures of external networks or power, unlawful third-party attacks despite state-of-the-art protection) do not constitute a breach of these Terms.

§ 9 Consumer right of withdrawal (FAGG)

9.1 If you are a consumer and the contract was concluded exclusively by distance communication, you may withdraw from the contract within 14 days of contract conclusion without giving reasons (§ 11 FAGG). To exercise this right, send an unambiguous declaration (e.g., email to support@farmer.diamonds) before the period expires; the statutory model withdrawal form may be used but is not required.

9.2 If you expressly request that we begin providing the Service before the withdrawal period expires (for example, immediate provisioning of your instance), you must pay a proportionate amount for services already provided in the event of withdrawal (§ 16 FAGG). The right of withdrawal expires early only under the conditions of the FAGG, in particular where the service has been fully performed with your prior express consent and your acknowledgment that you lose the right of withdrawal upon complete performance.

9.3 These provisions do not apply to business customers.

§ 10 Warranty

10.1 The statutory warranty provisions apply. For business customers, warranty claims must be notified without undue delay after a defect becomes apparent, and § 377 UGB applies.

10.2 We provide the Service as described in the order and these Terms. We do not warrant fitness for purposes not agreed in the order, and we are not responsible for defects caused by content, configurations or third-party components that you introduce into your instance.

§ 11 Limitation of liability

11.1 We are liable without limitation for damage caused intentionally or by gross negligence, and for personal injury.

11.2 For slight negligence, our liability is excluded — except for personal injury and except where liability is mandatory under applicable law (in particular under the KSchG for consumers).

11.3 Toward business customers, liability for indirect damage, lost profits and purely economic loss is excluded to the extent legally permissible, and total liability per contract year is limited to the fees paid for the Service in that contract year. Claims under mandatory product-liability law remain unaffected.

11.4 Nothing in these Terms limits our obligations under data protection law.

§ 12 Changes to the service and to these terms

We may improve and evolve the Service, provided the agreed core functionality is preserved. We may amend these Terms for good reason (legal changes, service evolution); amendments will be announced at least one month in advance in text form. If you do not object before they take effect, the amended Terms apply to the following term; if you object, either party may terminate as of the end of the current term. For consumers, changes to essential obligations require express consent.

§ 13 Severability

If individual provisions of these Terms are or become invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to its economic purpose. For consumers, § 6 KSchG remains unaffected.

§ 14 Governing law and jurisdiction

These Terms are governed by the substantive laws of Austria, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for disputes with business customers is the competent court in Graz, Austria. For consumers, the mandatory jurisdiction and consumer-protection provisions of their country of residence remain unaffected.