Commercial and contractual terms governing Enquant's POC engagements and SaaS service.
Last updated: August 2026
These Terms of Service govern all services provided by Enquant GmbH, Niederdorfstraße 3, 4063 Hörsching, Austria, registered with Landesgericht Linz under FN 683647p (“Enquant”), to its customers. Enquant's services are directed exclusively at entrepreneurs within the meaning of the Austrian Commercial Code (UGB); Enquant does not contract with consumers.
Individual agreements — in particular order forms and statements of work — take precedence over these terms. Deviating terms and conditions of the customer do not apply unless Enquant has expressly accepted them in writing.
Enquant provides a software-as-a-service platform for operational decision intelligence. Engagements follow four steps: Model (we map objects, constraints, and objectives and build the decision model), Measure impact (our results run in parallel to the customer's live data), Integrate (connection to the customer's transactional systems), and Go live (automated optimal decisions in production).
The Model and Measure impact steps together form the free proof of concept (POC) and create no payment obligation. Service descriptions on the website are non-binding; the concrete scope of services is defined in the respective order form.
The free POC is initiated by mutual declaration in text form (e.g. email) and may be discontinued by either party at any time. It does not oblige the customer to purchase paid services.
A binding contract for paid services — integration and the SaaS subscription — is concluded only when both parties sign an order form or statement of work.
Integration is charged as a one-time project fee as specified in the order form. Ongoing use of the platform is charged as an annual SaaS subscription starting at EUR 50,000 per year, scaling proportionately with the total cost under management, as specified in the order form.
All fees are exclusive of statutory value-added tax. Invoices are due within 30 days of receipt without deduction.
In case of payment default, the statutory default interest rate for business transactions applies. Enquant may suspend access to the platform after prior notice if due fees remain unpaid.
Availability targets, support channels, and response times are defined in the order form. Unless otherwise agreed, Enquant provides support by email on Austrian business days and uses commercially reasonable efforts to keep the platform available around the clock.
Planned maintenance is announced in advance where reasonably possible and scheduled outside typical business hours.
The customer retains all rights to the data it provides. Enquant processes such data solely to provide the contracted services.
Where Enquant processes personal data on the customer's behalf, the parties conclude a data processing agreement in accordance with Art 28 GDPR alongside the order form.
Both parties treat all confidential information of the other party as strictly confidential during the term of the contract and for three years thereafter.
The Enquant platform, including its object and decision model framework, software, and documentation, remains the exclusive property of Enquant. The customer receives a non-exclusive, non-transferable right to use the platform for its internal business purposes for the duration of the contract.
Customer-specific configuration is provided for use within the platform; data exports generated from customer data belong to the customer.
Enquant is liable without limitation for damage caused intentionally or by gross negligence and for personal injury. Liability for slight negligence — except for personal injury — is excluded.
To the extent permitted by mandatory law, liability for indirect damage, consequential damage, loss of profit, and loss of data is excluded, and Enquant's total liability per contract year is capped at the fees paid by the customer for the twelve months preceding the event giving rise to the claim.
Unless otherwise agreed in the order form, the SaaS subscription has an initial term of twelve months and renews automatically for successive twelve-month periods unless terminated in writing with three months' notice to the end of the current term.
The right of both parties to terminate for good cause remains unaffected.
After termination, Enquant provides the customer's data for export in a common machine-readable format for thirty days and deletes it thereafter, subject to statutory retention obligations.
Enquant may amend these terms with effect for the future by notifying the customer in text form at least two months before the changes take effect. If the customer does not object before the effective date, the amended terms apply; if the customer objects, either party may terminate the contract as of the effective date.
These terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms is the court with subject-matter jurisdiction for Linz, Austria.
