1. Scope
These terms govern the contractual relationship between Martini & Radl OG (Garnisongasse 4, 1090 Vienna, Austria; VAT ID ATU78306557; the “provider”) and the customer (the “user”) regarding use of the software-as-a-service platform Pablo (“Pablo” or the “service”).
Pablo is offered to businesses within the meaning of section 1 of the Austrian Consumer Protection Act (KSchG). Use as a consumer is not intended.
2. Formation of contract
Registering at /start forms a usage contract for the service between the user and the provider. The free 14 day trial account ends automatically and without further obligation unless the user actively subscribes to a paid plan.
3. Description of services
Pablo provides tools for AI assisted creation of advertising creatives (stills, story overlays, brand intel, asset library). The service is delivered at the plan level booked (Free, Starter, Growth, Enterprise); exact limits and features are listed on the pricing page.
The provider may develop or replace individual features as long as this does not materially reduce the value of the booked plan. Material changes are announced by email at least 30 days in advance.
4. Fees and payment
Prices for paid plans are shown on the pricing page. All prices are net and exclude statutory VAT. Billing runs monthly in advance via Stripe and is charged in euro; any other currency shown is an indicative conversion, not the amount charged.
In the event of late payment the provider may suspend access to paid features after prior warning by email.
5. Term and termination
The subscription runs monthly and renews automatically for a further month unless cancelled no later than the day before the renewal date. Cancellation is self service in the Stripe customer portal (reachable via /settings/billing) or informally by email to [email protected].
Either party may terminate the contract without notice for good cause, in particular for serious breaches of these terms.
6. User obligations
- The user confirms holding the necessary rights to all uploaded content (images, URLs, text).
- Pablo may not be used to create content that violates applicable law, in particular section 86 of the Austrian Criminal Code (StGB), incitement to hatred, sexualised violence against minors, infringement of copyright, or misleading advertising.
- The user is responsible for keeping their password confidential and for activity under their account.
- Automated scraping, reverse engineering and circumventing plan limits are prohibited.
7. Rights in content
Uploaded material (brand assets, logos, templates) remains the property of the user. The provider receives a non exclusive right of use, limited to the term of the contract and solely for delivering the service.
The user receives an unrestricted commercial right of use in the outputs generated by Pablo. The provider makes no copyright claim to the generated works. Please note: under Austrian law AI generated content is as a rule not protected by copyright; your own creative edits before publication can restore protection.
8. Availability
The provider targets 99% availability on an annual average. Maintenance windows (up to 4 hours per month, preferably at night CET) and outages at the subprocessors used (Anthropic, Google, fal.ai, Railway, Stripe) are excluded.
9. Liability
The provider is liable without limitation for intent and gross negligence. Liability for slight negligence is excluded unless mandatory statutory provisions require otherwise. Total liability per contract year is limited to the net fees paid in the preceding year.
The provider is not liable for damages arising from the user's use of AI generated content, for example competition law complaints or trademark infringement through similar generations. Legal review of outputs before publication is the user's responsibility.
10. Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law. The place of jurisdiction for all disputes is the competent court in Vienna.
Should individual provisions of these terms be invalid, the validity of the remaining provisions is unaffected.
There are no verbal side agreements. Amendments and additions require written form; this also applies to any waiver of the written form requirement.
This English version is provided for convenience. In case of dispute about interpretation, the German version at /legal/agb prevails.