General Terms and Conditions

§ 1 Application of the General Terms and Conditions

(1) The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between AIQ Business Solutions UG (haftungsbeschränkt), represented by Sven Emmrich, Kaiserdamm 7, 14057 Berlin, hereinafter referred to as the "Provider" and the Customer as a service contract within the meaning of §§ 611 et seq. BGB, unless otherwise agreed in writing between the contracting parties.

(2) The Provider offers artificial intelligence-based software under the domain https://app.ai-brandbooster.com/, which creates marketing material for the Customer, such as blog articles, social media posts, video scripts and the like.

(3) The object of the order is the provision of an agreed service and not the achievement of a specific success (no contract for work and services). The commissioned services shall be deemed to have been rendered when the required services and work have been performed and the customer has received the desired text elements,

(4) Contracts are only concluded with companies. These General Terms and Conditions shall only apply to companies pursuant to § 14 BGB and not to consumers pursuant to § 13 BGB.

(5) We do not accept deviating terms and conditions of our customers, unless this was explicitly accepted.

§ 2 Conclusion of Contract/ Registration

(1) The presentation of the range of services on the website or in other advertising material of the provider represents exclusively a non-binding offer. A legally binding offer is not connected with this.

(2) The contract is concluded in any case only when the provider confirms the booking of the customer and not by the booking itself. The customer is bound to the booking for a period of two (2) weeks.

(3) The concrete service content is described on the website of the provider divided into different packages.

(4) Registration on the Provider's website is required to place an order. The customer is obliged to provide the requested information completely and truthfully. Each customer is allowed to create only one account, multiple registrations are not allowed.

§ 3 Content of the service contract

(1) The Provider renders its services to the Customer in the form of making the software available for use.

(2) A subjectively expected success of the customer cannot be promised or guaranteed. The provider explicitly points out that the generation of the texts is based on OpenAI's, ChatGPT, Midjourney's graphic engine and similar programs and neither by the provider personally nor by his employees.

(3) The Customer undertakes to use the texts generated by the Provider within the scope of the Service only for its own legally permissible purposes. The Customer shall receive the exclusive and non-transferable right to use them, unless explicitly agreed otherwise in the contract.

(4) The Provider also expressly points out that there are regularly no copyrights to AI-based texts. The Customer shall independently examine and check the created texts for possible plagiarism. The same applies to the recognition programs of AI-created texts. The provider is not liable for this.

(5) The Provider is entitled to make adjustments to the content or the process of the service provision for professional or technical reasons, for example if there is a need for updating or further development of the service provision content, provided that this does not result in a significant change to the service provision content and the change is reasonable for the Customer.

§ 4 Prices and Payment

(1) The concrete prices result exclusively from the service description agreed between the parties and the individual offer. All prices are net prices plus the statutory value added tax.

(2) The agreed payment is to be made immediately after the order via the provider Stripe Payment Processing. Their separate terms and conditions shall apply. Payment is only possible via the means of payment specified there.

(3) In the case of contract extensions, payment shall take place at the corresponding time via the same means of payment.

(4) The Customer shall be in default if the payment date stated on the invoice or the agreed payment date is not met and a reminder has been issued accordingly. In the event of default, the Provider shall be entitled to charge default interest in accordance with the statutory provisions. Furthermore, the Provider reserves the right to suspend services to be provided on a regular basis in the event of default.

(5) The Customer may only offset the Provider's claims against undisputed or legally established claims. He may only exercise a right of retention if his counterclaim is based on this contract.

(6) The Customer undertakes not to transfer its rights and obligations under the Service Agreement, in whole or in part, to third parties without the Provider's prior written consent. (Prohibition of assignment)

§ 5 Secrecy

(1) The Provider undertakes not to exploit or disclose to third parties any business and trade secrets as well as confidential information of the Customer that have become known to him during his activities for the Customer without the prior consent of the Customer. The same shall apply to the documents handed over to him and the knowledge disclosed to him.

(2) Confidential shall mean all information exchanged between the contracting parties within the scope of the contract, irrespective of whether this is done orally or in writing, whether it is designated as confidential or whether it is to be regarded as confidential due to the circumstances. This shall also apply in particular to the content of this Agreement and to the knowledge gained in the course of its execution.

(3) In the event that information qualified as confidential is required to be made public by virtue of an enforceable order or other decision of a court, public authority or other governmental organization, the party addressed by the order undertakes to inform the other party without undue delay and to provide the other party with appropriate support in the context of a legal challenge to such order.

(4) This confidentiality agreement shall survive the termination of the contractual relationship.

§ Section 6 Term and Termination

(1) The contract shall run for a period of one month, unless explicitly agreed otherwise.

(2) Termination may be declared in text form at any time until the end of the term or the extension period. If notice of termination is not given or not given in time, the contractual relationship shall be extended by one month in each case.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 7 Warranty

(1) The Provider shall endeavor to keep the Software up to date and functional at all times. He guarantees an average availability of 98%. Announced maintenance periods are not taken into account.

(2) The Provider does not guarantee the effectiveness or a certain success of the texts and contents created via the Provider's software. The success of the service provision is for the most part beyond his sphere of influence and depends significantly on the cooperation of the customer, which is why it cannot be guaranteed.

§ 8 Liability

(1) The provider is liable to the customer in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, the Provider shall be liable - unless otherwise stipulated in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the provider is excluded subject to the provision in paragraph 3.

(3) The liability of the Provider for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 9 Data protection

(1) The customer expressly agrees to the electronic data processing of his personal data within the scope of the following regulations. Customer data will be treated with absolute confidentiality. The communicated data of the customer are used exclusively for the professional execution of the service. The data will not be passed on to third parties.

(2) The separate data protection regulations on our homepage under the following link apply: [XXX]

§ 10 Final provisions

(1) Should individual provisions of the service contract or the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the consulting contract as a whole.

(2) The law of the Federal Republic of Germany shall apply.

(3) Amendments and supplements to this contract must be made in writing to be effective. Verbal collateral agreements do not exist.

(4) The place of jurisdiction shall be the registered office of the Provider.