§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter "GTC") govern the use of the Rational AI platform (hereinafter "Platform"), operated by [Your Name / Company Name, Address, E-Mail] (hereinafter "Provider").
(2) The offer is directed at consumers within the meaning of § 13 BGB as well as entrepreneurs within the meaning of § 14 BGB (hereinafter uniformly referred to as "User").
(3) Deviating or supplementary terms and conditions of the User are not recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Subject of the Contract and Scope of Services
(1) The Provider provides web-based services (SaaS) on the platform for creating, providing and using AI-supported assistants and chatbots.
(2) The exact scope of functions results from the current service description on the Provider's website at the time the contract is concluded or the respective tariff is selected (e.g. Free, Premium, Enterprise).
(3) The Provider uses language models (LLMs) from third-party providers, among others, to provide the AI functions. The User is aware that the generation of content by AI can be incorrect or incomplete. The Provider does not guarantee the accuracy, topicality or specific suitability of the answers generated by the AI.
§ 3 Registration and Conclusion of Contract
(1) The creation of a user account is required to use the platform. Registration requires a valid e-mail address and the selection of a secure password.
(2) The presentation of the services on the website does not constitute a legally binding offer, but an invitation to submit an offer. By completing the order process (clicking on the "Order for a fee" button or similar), the User makes a binding offer.
(3) The contract is only concluded upon express confirmation by the Provider (e.g. by e-mail) or upon activation of access.
§ 4 Obligations of the User and Prohibitions of Use
(1) The User is obliged to keep his access data secret and to protect it from access by unauthorized third parties.
(2) The User bears sole responsibility for all content (texts, data, images) that he feeds into the chatbots or processes via the platform.
(3) The User is strictly prohibited from using the platform for the following purposes:
- Distribution of illegal, racist, pornographic, inciting or discriminatory content.
- Creation of chatbots designed to distribute malware, engage in phishing or deceive users.
- Feeding of personal data of third parties without an appropriate legal basis (e.g. consent or order processing contract).
(4) The Provider reserves the right to temporarily or permanently block content or accounts in the event of violations of these obligations.
§ 5 Availability and Warranty
(1) The Provider aims for an annual average platform availability of 99%. This excludes necessary maintenance work and failures caused by force majeure or the fault of third-party providers (e.g. hosting providers, LLM providers).
(2) The statutory warranty rights apply unless otherwise stated in these GTC. In the B2B area, strict liability for initial defects (§ 536a BGB) is excluded.
§ 6 Prices, Payment Terms and Term
(1) The prices for the use of paid tariffs are based on the Provider's current price list. All prices are, unless otherwise stated, inclusive of the statutory value added tax (or exclusive in the case of a purely B2B offer).
(2) Depending on the selected billing period (monthly/annually), the remuneration is due in advance.
(3) Contracts are concluded for the selected minimum term. They are automatically extended by the same period unless they are canceled with a notice period of [e.g. 14 days] before the end of the respective term. The cancellation can take place directly in the user account or in text form (e.g. by e-mail).
§ 7 Limitation of Liability
(1) The Provider is liable without limitation for damages arising from injury to life, body or health as well as for damages based on intent or gross negligence.
(2) In the case of slightly negligent violation of essential contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those whose fulfillment makes the proper execution of the contract possible in the first place.
(3) Liability for data loss is limited to the effort that would have been required for restoration in the case of regular and proper data backup by the User.
(4) The above limitations of liability also apply in favor of the Provider's vicarious agents.
§ 8 Data Protection and Data Use
(1) The Provider processes the User's personal data exclusively within the framework of the statutory provisions (GDPR, TDDDG) and in accordance with the separate privacy policy.
(2) If the User uses the platform in a business context and personal data of his own customers are processed by the chatbots, the parties commit to conclude a separate data processing agreement (DPA) in accordance with Art. 28 GDPR.
§ 9 Changes to the GTC
(1) The Provider reserves the right to change these GTC with effect for the future, provided this is necessary for valid reasons (e.g. changes in the law, further technical developments, adjustment of the business model).
(2) The User will be informed of changes by e-mail at least 6 weeks before they take effect. If the User does not object to the change within this period, the changes are considered accepted. The Provider will inform the User of the right to object and the consequences of remaining silent in the notification.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider's registered office.
(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.