Terms of Service (General Terms and Conditions)

June 2025

1. Scope of Application

These Terms of Service (“Agreement”) govern the legal relationship between MS2 GmbH, a company registered under Austrian law with its registered office at [Insert Full Company Address], registered in the Austrian Commercial Register (Firmenbuch) under number [Insert FN], VAT ID: [Insert UID], hereinafter referred to as “MS2”, and its customers (“Customer”, “You”).

This Agreement applies to all digital services, software products, memberships, consulting, educational services, digital content, platforms, and other offerings provided by MS2, whether via www.ms2group.at or other direct contractual relationships. By accessing or using any of our services, you expressly agree to be bound by these Terms.

2. Eligibility and Legal Capacity

You may only use MS2 services if you are at least 18 years old and legally competent to enter into binding contracts under applicable law. By agreeing to these Terms, you represent and warrant that you meet these requirements.

3. Contractual Relationship and Conclusion

A contract is concluded when:

  • You accept an offer or sign a service agreement with MS2;

  • You complete an online purchase or subscription via www.ms2group.at;

  • You receive a written confirmation of your order or access credentials to the platform.

All agreements are binding upon acceptance, subject to availability and confirmation.

4. Services and Deliverables

MS2 offers:

  • Business education programs and memberships,

  • Software-as-a-Service (SaaS) solutions,

  • Consulting and strategic development,

  • Digital downloadable content (e-books, templates, videos),

  • Community platform access and related services.

The scope of service is as defined in the specific contract or offer. MS2 reserves the right to update, improve, or change services at any time without prior notice, provided this does not materially reduce agreed-upon features or performance.

5. Pricing and Payment Terms

All prices are listed in Euros (€) and, unless otherwise indicated, exclusive of Austrian VAT. Payments must be made in advance or as specified in the contract.

Accepted payment methods include credit card, bank transfer, and SEPA debit, as applicable. MS2 reserves the right to suspend or withhold services in case of late or failed payment.

If installment payments are agreed upon, the full contractual obligation remains valid even in the event of partial usage or early termination by the Customer.

6. Licensing and Intellectual Property

Unless expressly agreed otherwise, all digital products, software tools, templates, and educational content remain the exclusive intellectual property of MS2 GmbH or its licensors. Upon payment, you receive a non-exclusive, non-transferable, non-sublicensable license for personal or internal business use, strictly limited to the agreed purpose.

Any duplication, distribution, publication, resale, sublicensing, reverse engineering, or unauthorized sharing—digital or physical—is strictly prohibited and will be subject to legal action under civil and criminal law.



7. Availability and Support

MS2 strives to ensure high availability and operational functionality of its services. However, temporary downtime may occur due to maintenance, updates, server outages, or force majeure. No guarantee is made for uninterrupted availability unless contractually stipulated (e.g., via SLA).

Support requests are handled via [Insert Support Contact], with standard response times of up to 72 business hours, unless a priority support tier is part of your plan.

8. Warranty Disclaimer

All services and content are provided on an “as-is” and “as-available” basis. MS2 makes no warranties or representations regarding:

  • The fitness of services for a particular purpose,

  • The accuracy or completeness of content,

  • Achievable results, business outcomes, or financial performance.

To the fullest extent permitted by law, MS2 disclaims any statutory warranties, except where specifically guaranteed.

9. Limitation of Liability

MS2 is only liable for damages in cases of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). In no case shall MS2 be liable for indirect, consequential, or financial damages such as loss of profits, business interruption, or loss of data.

In all other cases, liability is limited to the amount paid by the Customer in the previous twelve (12) months for the specific service giving rise to the claim.

This limitation does not apply to:

  • Damages arising from injury to life, body, or health;

  • Mandatory liability under the Austrian Product Liability Act (Produkthaftungsgesetz);

  • Liability under the General Data Protection Regulation (GDPR) for data breaches caused by negligence.

10. Right of Withdrawal (Consumers Only)

If you are a consumer as defined under the Austrian Consumer Protection Act (KSchG) and have concluded the contract via remote communication (e.g., online), you have the right to withdraw from the contract within 14 days of conclusion without giving a reason.

Important Exception: For digital content, your right of withdrawal expires as soon as:

  • The download or streaming begins, and

  • You have explicitly agreed to waive your right of withdrawal before access.

A standard withdrawal form is available at [Insert Link].

11. Data Protection

We comply with the European General Data Protection Regulation (GDPR). Please refer to our separate Privacy Policy at https://www.ms2group.at/privacy-policy for full details on how we process and protect your personal data.

12. Confidentiality and Non-Disclosure

Both parties undertake to treat all business, technical, and strategic information as confidential, unless:

  • The information is publicly available;

  • Disclosure is required by law or governmental order;

  • Written consent for disclosure has been granted by the disclosing party.

This confidentiality obligation remains in effect even after the termination of the contractual relationship.

13. Termination

Ongoing contracts (subscriptions, memberships, etc.) may be terminated by either party in writing, observing the agreed notice periods.

MS2 reserves the right to immediately terminate services without refund in the event of:

  • Violation of these Terms;

  • Misuse of the services;

  • Deliberate harm to MS2’s brand or community.

14. Amendments to the Terms

MS2 may amend these Terms of Service at any time with effect for the future. Changes will be communicated via email or the user dashboard. If you do not object in writing within 14 days, the changes shall be deemed accepted.

15. Governing Law and Jurisdiction

This Agreement is governed exclusively by Austrian law, excluding conflict of law provisions and the UN Sales Convention (CISG). The exclusive place of jurisdiction for all disputes arising from this Agreement is the competent court in [Insert Jurisdiction – e.g., Vienna, Austria], unless mandatory consumer protection rules provide otherwise.

16. Severability Clause

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid one that comes closest to the original purpose.

17. Contact and Legal Notice

MS2 GmbH

Murtalstraße 641, 5582 St. Michael im Lungau

Founder & CEO: Mario Schitter Jr.

Email: mario@ms2group.at

Website: https://www.ms2group.at

Commercial Register No.: FN 584277g

VAT ID: ATU78342937