Terms and Conditions

of Volundra GmbH for the management of advertising accounts with Adtronaut

These terms apply to all offers and contracts of Volundra GmbH concerning the management of advertising accounts with Adtronaut. They form part of every offer and apply only to business customers. Contracts are not concluded through this website: the terms accompany the respective offer and are agreed together with it.

This English text is a convenience translation. The binding version is the German one at volundra.com/agb/; in case of conflict, the German version prevails.

1. Scope

1. 1.1These terms apply to all offers and contracts of Volundra GmbH, company register no. FN 685527 d, Regional Court Eisenstadt, concerning the management of advertising accounts.
2. 1.2They apply exclusively to entrepreneurs (business customers). Consumer transactions are not covered by these terms.
3. 1.3Deviating terms of the customer apply only where confirmed in writing. Where the offer and these terms conflict, the offer prevails.

2. Services

1. 2.1The subject matter is the setup, steering and ongoing optimisation of the advertising accounts named in the offer, the creation of advertising creatives, and the reporting on them.
2. 2.2The exact scope, in particular the number of channels, results from the offer.
3. 2.3Creatives: up to 10 new motifs per month, of which up to 3 as a short video. A motif is one advertising image including its format variants — square, portrait and story together count as one. Included are up to three revisions per image motif and one per video. Ad copy does not count and is not limited. What counts is what the customer approves, not what is generated.
4. 2.4The advertising budget is paid by the customer directly to the platforms. It does not pass through Volundra GmbH and is not advanced by it.

3. Customer cooperation

1. 3.1The customer provides access to the advertising accounts and to the revenue, order and assortment data required for measurement.
2. 3.2Approvals are normally given within two working days. Delayed approvals postpone the services that depend on them.

4. Price, invoicing and value protection

1. 4.1The price named in the offer applies, plus VAT at the statutory rate.
2. 4.2Invoicing is monthly in advance. Invoices are due within 14 days without deduction.
3. 4.3If the customer defaults on payment, the statutory default consequences for commercial transactions apply.
4. 4.4Value protection. The measure for calculating value stability is the Consumer Price Index 2020 published by Statistik Austria, or an index replacing it. The starting basis is the index figure published for the month in which the contract is concluded. Fluctuations of the index figure up to and including 5% remain unconsidered; where this threshold is exceeded upwards or downwards, the entire change is taken into account in full. If the index falls, the fee falls in the same way. The index figure that led to the threshold being exceeded forms the new starting basis for the further calculation. All rates of change are rounded to one decimal place. An adjustment takes effect at the earliest twelve months after the start of the contract and at most once a year thereafter; the customer is notified two months in advance.
5. 4.5If the purchase prices of the AI services bought in for the service rise permanently and substantially, or if usage grows substantially beyond the agreed scope, a new price is presented to the customer two months in advance. Until it takes effect, the customer may terminate at any time. Without the customer's consent, the customer pays no price other than the agreed one.

5. What is promised — and what is not

No result is promised, neither a revenue figure nor a ROAS figure. What is promised is that every figure is measured, evidenced and traceable in the report — including the points where measurement reaches its limit or an earlier assessment has to be withdrawn. Measurement is made against the customer's real orders, not against the advertising platforms' figures.

6. Control

1. 6.1The accounts remain the customer's accounts. The customer keeps full access throughout and can stop the advertising at any time.
2. 6.2Spending caps are agreed and additionally lodged with the platforms. How strongly such a cap takes effect on the platform itself depends on the account type and payment method; before the start, the customer is informed about what applies in their case.

7. Liability

1. 7.1No particular advertising result is guaranteed. No liability is assumed for usual fluctuations in advertising performance.
2. 7.2No liability is assumed for spend within the agreed caps.
3. 7.3The general monetary liability cap is the annual fee received per rolling 12-month period (= 12× the monthly fee), aggregated per damage event and in total per 12-month period. This amount is agreed as equal in amount to the cap in the data processing agreement under Art. 28 GDPR.
4. 7.4Outside this cap sit: liability for spend above a hard spending limit set by the customer, which is measured by the actual excess spend, and liability arising from Volundra's own controllership under Art. 28(10) GDPR.
5. 7.5Liability for intent, for personal injury and for gross negligence remains unlimited.

8. Data protection

Volundra GmbH acts as a processor. Before processing begins, a contract under Art. 28 GDPR is concluded; it also governs the sub-processors and the data arrangements. Joint controllership for Meta Pixel and Conversions API under Art. 26 GDPR is agreed separately.

9. Term and termination

1. 9.1The contract runs for an indefinite period.
2. 9.2Either side may terminate at any time with one month's notice to the end of a month.
3. 9.3After termination, the advertising accounts and all data created in them remain with the customer.

10. Final provisions

1. 10.1Amendments require written form.
2. 10.2If a provision is invalid, the remaining provisions remain effective; the invalid provision is replaced by a provision that comes closest to its economic purpose.
3. 10.3Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the seat of Volundra GmbH.

Language

The German version is binding. This English translation at volundra.com/terms/ serves only for understanding; in case of conflict, the German version at volundra.com/agb/ prevails.