Terms and Conditions

§ 1 Scope and Provider

These General Terms and Conditions (hereinafter “T&C”) govern the contractual relationship between Inno KI GmbH, Osloer Str. 6, 49377 Vechta, registered in the commercial register of the Amtsgericht Oldenburg under HRB 220654, represented by the managing directors Maurice Brumund and Mike Koene (hereinafter “Provider”), and the users (hereinafter “Customer”) of the platform “innoGPT”.

The offer is directed at both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Conflicting or deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

§ 2 Subject Matter and Scope of Services

Platform:innoGPT is an AI platform that bundles various AI models (LLMs) and tools. The Provider makes access to this platform available to the Customer as “Software-as-a-Service” (SaaS).

Core Features: Unless otherwise indicated in the booked package, the basic functionality includes the use of text chats and image generation using various AI models provided by the Provider.

Add-on Features: Certain features are not part of the base package and must be booked or activated separately (add-ons). These include in particular, but are not limited to: API usage, extended privacy filters, video generation, and podcast functions.

Model Availability: The Provider reserves the right to replace, update, or remove available AI models, provided this does not unreasonably impair the core value of the application.

Beta Features:The Provider may make experimental features (“beta features”) available. These are provided “as is”; any warranty for the error-free operation of these features is excluded.

§ 3 Registration and Contract Conclusion

Use of the platform requires registration and the creation of a user account.

Upon completion of the booking process on the website, the Customer submits a binding offer. The contract is concluded upon activation of access or by a confirmation email.

§ 4 Prices and Payment Terms

Remuneration: The prices displayed on the website (www.innogpt.de/en/pricing) at the time the contract is concluded shall apply. All prices for entrepreneurs are exclusive of applicable VAT; prices for consumers are inclusive of VAT.

Due Date: Usage fees are due in advance at the beginning of each billing period (monthly or annually).

Payment Methods: Payment is made via the payment methods offered on the platform.

§ 5 Fair Use Policy and Usage Restrictions

Fair Use:In order to ensure stable performance for all customers, a “Fair Use Policy” applies. If a customer's usage volume (e.g. number of tokens, image requests) significantly exceeds the usual level (“usage fitness”) and jeopardises system stability or availability for other users, the Provider reserves the right to:

• Introduce temporary rate limits.
• Temporarily restrict access to computationally intensive (“expensive”) models and redirect to less resource-intensive models.
• Contact the Customer to arrange an upgrade to a more suitable plan.

Model Quotas: Plan-dependent monthly usage quotas may apply to particularly computationally intensive premium models. The type and amount of these quotas are set out in the applicable service description on the website (www.innogpt.de/en/pricing). Once a quota is exhausted, the Provider may restrict access to the affected model for the remainder of the current billing period and redirect requests to less resource-intensive models. The basic functions of the platform remain unaffected. The Customer may upgrade at any time to a plan with higher quotas.

Prohibited Use:Any use of the platform for illegal purposes, the creation of unlawful content, “reselling” (reselling access without permission), and automated scraping of the platform is prohibited.

§ 6 Term and Termination

Term: The subscription runs for an indefinite period and automatically renews for the respective booked period (month or year) unless terminated in due time.

Termination: Termination is possible at any time with effect from the end of the current term. It can be carried out directly in the user account.

The right to extraordinary termination for good cause remains unaffected.

§ 7 Availability and Support

Availability:The Provider strives for the best possible availability of the services (target > 99.9% per year on average) but does not guarantee uptime unless otherwise agreed in a separate Service Level Agreement (SLA, e.g. for enterprise customers). Downtime due to maintenance or external disruptions (e.g. failure of upstream AI model providers) is excluded.

Support: Support is generally provided by email or ticket system. The response time is normally up to two business days (Mon–Fri) but is not guaranteed without a separate SLA.

§ 8 Liability and Warranty

AI Outputs:The Customer acknowledges that AI-generated content (“outputs”) may be erroneous, inaccurate, or inappropriate (“hallucinations”). The Provider assumes no warranty for the accuracy, completeness, or fitness for purpose of the generated results. The review and use of outputs is the sole responsibility of the Customer.

Limitation of Liability: The Provider is liable without limitation only for intent and gross negligence. For slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations), but limited to the typical, foreseeable damage.

Responsibility for Inputs:The Customer bears sole responsibility for all data entered (“inputs”), in particular with regard to copyright and data protection. The Customer shall indemnify the Provider against claims by third parties arising from unlawful use of the platform by the Customer.

§ 9 Data Protection and Data Security

Server Location: The processing of personal data is carried out in principle on servers within the European Union.

Third-Party Models: If the Customer explicitly selects AI models hosted outside the EU (e.g. certain US models), they consent to the corresponding data transfer. This can be configured in the settings.

No Training: The Provider does not use customer data to train AI models. Inputs and outputs remain within the closed system.

Data Processing Agreement: If the Customer processes personal data of third parties, the Provider offers a data processing agreement (DPA) pursuant to Art. 28 GDPR, which can be concluded digitally in the backend.

Deletion: Chat histories are stored for as long as desired by the Customer. The Customer can define deletion periods in the settings.

§ 10 Rights to Content

Usage Rights: To the extent permitted by law, the Provider transfers to the Customer all rights to the content generated by the Customer (outputs) for unrestricted use (including commercial use). The Provider claims no ownership of the generated content.

§ 11 Final Provisions

Applicable Law: The law of the Federal Republic of Germany shall apply.

Jurisdiction: If the Customer is a merchant, a legal entity under public law, or a special fund under public law, Vechta shall be the exclusive place of jurisdiction for all disputes arising from this contract.

Severability Clause:Should individual provisions of these T&C be invalid, the contract shall remain valid in all other respects.