OmniCreate

Terms of Use

Effective May 13, 2025 · Last updated: March 13, 2026

Florian Woelki

Marienstrasse 17

12459 Berlin

Germany

Using OmniCreate means accepting these terms

These Terms of Use (the "Terms"), in conjunction with our Privacy Policy, constitute the entire Agreement between Florian Woelki (Sole Proprietor Business) ("Florian Woelki", "we", "us", or "our") and you ("you", "your" or the "User"). These Terms govern your use of the omnicreate.ai website, the OmniCreate web application, the OmniCreate Desktop App, and/or the OmniCreate services (collectively, the "Service").

Before creating an account or completing a purchase, you will be asked to explicitly confirm that you have read and accepted these Terms and our Privacy Policy by checking the corresponding box. Your continued use of the Service after account creation is subject to these Terms. We may update these Terms from time to time. Unless otherwise required by law, we will notify you before making such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.

TL;DR (non‑binding summary)

This TL;DR helps you understand our Terms of Use in plain language. It does not replace the full Terms below, which are legally binding.

  • What OmniCreate is: A note‑taking and content‑creation tool (desktop and web application) with optional AI features. Using it means you accept these Terms and our Privacy Policy.
  • Your data: Your notes stay on your device by default. We only store your email and account/billing info. Optional AI features process only the content you explicitly send.
  • AI & privacy: AI processing runs via third‑party providers (e.g. Groq) under GDPR‑compliant agreements. Content you explicitly submit for AI features is processed only to provide the requested functionality, is not retained by us after processing, and is not used to train models. You're responsible for reviewing AI output before publishing.
  • Backups: Because your content is stored locally, you are responsible for backing it up. We cannot restore lost notes if your device fails or data is deleted.
  • Plans & payments: OmniCreate may offer free and paid plans or subscriptions. Subscriptions renew automatically unless you cancel; you can cancel anytime effective at the end of the billing period.
  • Fair use: You must use OmniCreate legally and reasonably. No abuse, malware, hacking, scraping, or attempts to reverse‑engineer the service or AI models.
  • Availability & changes: We aim for high availability but can’t guarantee 100% uptime. Features and pricing may change over time; we’ll inform you of material changes to the Terms.
  • Liability: We are liable under statutory law. For slight negligence, liability is limited to typical, foreseeable damages for breaches of material obligations. We are fully liable for intentional or grossly negligent conduct and for personal injury. Your EU digital product conformity rights remain unaffected.
  • Your rights: You keep full ownership of your content and all AI output. You also have GDPR rights over your personal data (access, deletion, etc.) and can delete your account at any time.
  • Law & disputes: These Terms are governed by German law. If you are an EU consumer, mandatory rules of your home country still protect you.

Registration and Account Management

The Service is intended for users who are at least 18 years of age (or the legal age of majority in your jurisdiction). By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

Each user may only create one account. Account sharing or transfer to third parties is strictly prohibited. You are responsible for maintaining the security of your email account and any active login sessions. If you believe your email has been compromised or your account has been accessed without your authorization, you must notify us immediately at [email protected].

If you suspect unauthorized access to your account, or misuse of your credentials, you must notify us immediately at [email protected]. In such cases, we reserve the right to temporarily or permanently suspend your account to protect your data and our Service.

You must provide accurate, complete, and current information during registration and maintain the accuracy of this information throughout your use of the Service. If you provide false, misleading, or outdated information, we may suspend or terminate your account.

Third-Party Service Providers

We use third-party service providers for authentication, email delivery, and AI-powered features. For complete details about which providers we use, what data they process, and how we ensure GDPR compliance, please see our Privacy Policy.

AI-Powered Features

OmniCreate includes optional AI-powered features. When you use these features, only the content you explicitly select is transmitted for processing. AI features are entirely optional - your notes remain on your device by default and are never automatically uploaded.

You retain all rights to content processed through AI features. AI-generated content is provided as-is and may require review and editing for accuracy, as AI may produce errors or inappropriate suggestions. You are responsible for reviewing and verifying all AI-generated content before publication or use. When you publish AI-generated or AI-refined content, you accept editorial responsibility for that content.

For details about how AI processing works, data retention, GDPR compliance, and our AI service providers, see our Privacy Policy.

AI Transparency (EU AI Act)

In accordance with Article 50 of the EU AI Act (Regulation (EU) 2024/1689), we inform you of the following regarding our AI-powered features:

  • You are interacting with an AI system: When you use AI features within OmniCreate, your content is processed by a General-Purpose AI (GPAI) model provided by Groq, LLC. AI features are clearly labeled within the application interface.
  • Risk classification: The AI features in OmniCreate are classified as limited-risk AI systems under the EU AI Act. They are not used for any high-risk purpose as defined in Annex III of the Regulation, and do not perform emotion recognition, biometric categorization, or social scoring.
  • GPAI model provider: We deploy the GPAI model of Groq, LLC as a downstream deployer. Groq is subject to GPAI transparency obligations under Art. 53 EU AI Act. Details about the model are available in Groq's documentation at console.groq.com/docs/models.
  • AI-generated content disclosure: Content substantially generated or modified by AI features may be subject to disclosure or labeling obligations under Art. 50(4) EU AI Act if you publish or distribute it. You are solely responsible for complying with any applicable labeling requirements when publishing AI-generated content.
  • No automated decision-making: We do not use AI systems for automated decision-making that produces legal or similarly significant effects on you as an individual.
  • Limitations and human oversight: AI outputs may contain errors, inaccuracies, or biases. You must review and verify all AI-generated content before use. We recommend maintaining human oversight over any AI-assisted content before publication.

Intellectual Property

You retain full ownership of all notes, documents, and content you create using the Service. Your data is stored locally on your device, and we do not claim any rights to your content.

You acknowledge and agree that we own all right, title, and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Limited Data Processing License

Because your content remains on your local device, we do not require or receive a general license to your notes, documents, or creative work. However, when you voluntarily use optional AI-powered features, you grant us a limited, temporary, non-exclusive license to process the specific content you submit through these features.

This limited license permits us to: (a) transmit your selected content securely to our AI service providers; (b) process the content to generate AI-powered suggestions, enhancements, or responses; and (c) return the results to your device. This license exists only for the duration necessary to complete the AI processing you requested, typically a matter of seconds.

Data Protection Guarantee: We do not retain, store, archive, or use your content for any other purpose beyond completing your requested AI processing. Your content is not used to train AI models, shared with other users, or retained after processing is complete. Our Data Processing Agreements with AI providers contractually enforce these protections and ensure GDPR compliance.

You represent and warrant that you have all necessary rights to any content you choose to process through AI features and that such content does not violate any third-party rights or applicable laws.

Your Content

You may provide input to the AI-powered features of the Service ("Input") and receive output generated from that Input ("Output"). Input and Output are collectively referred to as "Content." You are responsible for all Content, including ensuring that it does not violate applicable law, these Terms, or any third-party rights. You represent and warrant that you have all rights, licenses, and permissions necessary to provide Input to the Service.

Ownership of content

As between you and Florian Woelki, you retain full ownership of your Input and own any Output generated for you through the Service. To the extent we may obtain any right, title, or interest in such Output, we hereby assign it to you. This applies to notes, documents, creative writing, and any other content you create or process using the Service.

Similarity of content

Due to the nature of AI systems, Output generated for you may be similar or identical to content generated for other users who provide similar input. Our assignment of rights to you applies only to your own Output and does not extend to content generated for other users.

Our use of content

Your notes and documents remain stored locally on your device unless you explicitly choose to use an AI-powered feature. When you do, we process only the specific Content you intentionally submit for the sole purpose of providing the AI functionality you requested and returning the result to you. We do not retain, store, archive, or use that Content for any other purpose, including model training.

No Retention of AI-Processed Content

We do not cache, log, or store that Content on our servers during transmission. Our AI provider processes the Content under zero data retention settings, meaning inputs and outputs are not retained after processing is complete and are not used for model training or model improvement.

Commercial Use

You may use, modify, publish, export, and monetize any content you create using the Service without restriction, subject only to applicable law and any third-party rights in materials you provide.

Accuracy

AI-generated Output may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and verifying any Output before using, publishing, or relying on it. You must not rely on AI Output as a substitute for professional advice or use it to make decisions that could have legal or similarly significant effects on a person.

When you use AI-powered features, you understand and agree:

  • Output may not always be accurate. You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case — including human review where appropriate — before using or sharing it.
  • You must not use Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • AI features may produce incomplete, incorrect, or inappropriate Output that does not represent the views of Florian Woelki or OmniCreate. If Output references any third-party products or services, it does not imply endorsement or affiliation.

Data Backup and Security

Critical: You are solely responsible for backing up your content. Since all data is stored locally on your device, we cannot recover lost content due to device failure, corruption, software issues, or accidental deletion. We strongly recommend:

  • Creating daily backups of important content to multiple locations
  • Using cloud storage synchronization services for automatic backup
  • Exporting critical content before major application updates
  • Testing your backup restoration process periodically
  • Maintaining adequate security measures on your device

Subject to the "Liability" section of these Terms, we accept no responsibility for data loss resulting from inadequate backup practices, device failure, or local storage issues. Because your content is stored exclusively on your device, regular backups are essential for protecting your work.

User Conduct and Responsibilities

Users must comply with all applicable laws and may not use the Service for illegal or harmful purposes. The following actions are strictly prohibited:

  • Engaging in any illegal activity using the Service
  • Creating, storing, or distributing content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Using AI features to process illegal content or content that violates third-party rights
  • Attempting to reverse engineer, hack, or compromise the security of the Service
  • Using the Service in a way that could damage, disable, or impair the functionality of the application
  • Injecting viruses, malware, or other malicious code into the Service
  • Using automated scripts, bots, or other methods to access or manipulate the Service without authorization
  • Sublicensing, renting, or otherwise commercially exploiting your account without express permission
  • Attempting to extract, scrape, or reverse-engineer AI models through repeated queries or other means

Enforcement: We reserve the right to immediately suspend or terminate accounts that violate these terms. We may investigate suspicious activity and cooperate with law enforcement authorities when necessary. Users who violate these terms may be held liable for damages and are obligated to indemnify us against third-party claims arising from such violations.

Software License and Data Storage

We grant you a personal, non-transferable license to use the OmniCreate desktop application. You need to provide an email address for payment processing and account verification.

Local-First Architecture: We do not store your notes, documents, or creative content on our servers. All your work remains exclusively on your local device or cloud storage services you independently choose to use. You have complete control over where your data is stored and who has access to it.

Data We Store: We only store your email address and account-related information (such as subscription status and payment records) on our servers. This data is necessary for account management, authentication, and billing purposes.

Optional AI Features: When you voluntarily use AI-powered features within the application, only the specific content you choose to process is temporarily sent to our servers and AI providers. This transmission is explicit and occurs only when you actively use AI features. See our "AI-Powered Features" section for details.

Upon account deletion, your email and account information will be deleted from our systems within 30 days, and from backups within 3 months. See our Privacy Policy for complete data retention details.

Account Deletion and Data Retention

You may delete your account at any time through your account settings or by contacting [email protected]. Upon account deletion, we will archive your account information (email address and payment records) for legal and business purposes. Specifically, commercially and fiscally relevant documents (such as invoices and payment records) are retained for up to ten (10) years in accordance with German commercial and tax law.

Your email and account data will be flagged for deletion and removed from active systems within 30 days. Complete removal from all backup systems will occur within 3 months. A minimal record may be retained in our customer relationship management (CRM) system for legitimate business purposes such as preventing duplicate accounts or fraud, and for compliance with legal obligations including tax and financial record-keeping requirements.

Your Content: Since your notes, documents, and creative content are stored exclusively on your local device (not on our servers), deleting your account does not affect your local files. You retain full access to all content stored on your device even after account deletion. You are responsible for managing, backing up, and deleting local data from your devices.

AI Processing Data: When you use AI features, content is processed in real-time and not stored on our servers or our AI providers' servers. Our Data Processing Agreement with Groq ensures GDPR-compliant handling, meaning your content is processed temporarily during your session and not retained afterward. No action is required to delete AI-processed content as it is not permanently stored.

To request deletion of minimal CRM records retained after account deletion, please contact [email protected]. We will evaluate such requests in accordance with applicable data protection laws and our legitimate business interests.

Platform Development and Changes

The Service is under continuous development and improvement. We reserve the right to modify, update, enhance, or discontinue any features, functionality, or aspects of the Service at any time with or without notice. This includes both additions and removals of features.

When practical and appropriate, we will provide advance notice of significant changes that materially reduce functionality. However, immediate changes may be necessary for security, legal compliance, or technical reasons.

We may temporarily or permanently discontinue the Service or specific features for any users without liability, except as required by law or unless such discontinuation results from our intentional or grossly negligent breach of duty.

Service Availability and Uptime

We strive to maintain high availability of the Service with a target uptime of 98% calculated on an annual basis. This target excludes scheduled maintenance periods, which will be announced in advance when feasible, and disruptions beyond our reasonable control such as force majeure events, third-party service failures, or internet infrastructure issues.

Routine updates and maintenance are typically performed weekly, resulting in brief service interruptions of 1-2 minutes. We schedule these during periods of lowest expected usage to minimize impact. Emergency maintenance may be performed without advance notice when necessary to address security vulnerabilities or critical issues.

We make no guarantees regarding uninterrupted access to the Service. You acknowledge that temporary unavailability may occur and agree that we shall not be liable for any losses resulting from service interruptions, except in cases of intentional or grossly negligent breach of duty on our part.

Technical Specifications and Limitations

The Service supports standard text formats and common document types. While we strive to maintain compatibility across devices and operating systems, optimal performance may vary based on your hardware specifications and available storage space.

We recommend maintaining at least 1GB of free storage space on your device for optimal performance. Large documents or extensive media libraries may require additional storage considerations.

The Service includes data export functionality, allowing you to export your content in standard formats for use with other applications or platforms.

Accessibility: We are committed to ensuring digital accessibility for people with disabilities in compliance with the European Accessibility Act (EAA). We continuously improve the user experience and strive to apply relevant accessibility standards (such as WCAG 2.1 AA) where technically feasible. If you encounter any accessibility barriers, please contact us at [email protected].

Pricing

OmniCreate is currently in a free, limited-access beta. All locally stored content remains yours regardless of your subscription status; however, premium features may be restricted if your subscription lapses or payment fails.

When paid plans become available, existing beta users will receive at least 30 days advance notice via email. Beta users may be eligible for special promotional pricing or grandfathered access to certain features.

The Price includes the applicable VAT, if any. Any other duties or taxes, if any, will be for the account of the Customer.

Price Changes: We reserve the right to change our subscription prices at any time. For active subscriptions, price changes will take effect at the start of the next billing period following the date of the price change. We will notify you of any price changes via email at least four (4) weeks in advance. If you do not agree with the price change, you have the right to cancel your subscription before the new price goes into effect.

Right of Withdrawal - EU consumers

Right of Withdrawal

If you are a consumer residing in the European Union, you have the right to withdraw from your purchase of Paid Services within fourteen (14) days without giving any reason. The withdrawal period begins on the date of conclusion of the contract (i.e., the date of your purchase confirmation).

To exercise the right of withdrawal, you must inform us — Florian Woelki, Marienstrasse 17, 12459 Berlin, Germany, [email protected] — by means of an unequivocal statement (e.g., an email) of your decision to withdraw from this contract. You may use the model withdrawal form provided below, but it is not mandatory. It is sufficient to send your withdrawal notice before the 14-day period expires.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you no later than fourteen (14) days from the day we receive your withdrawal notice. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; you will not be charged any fees for this reimbursement.

Early performance and loss of withdrawal right for digital services

If you have requested that the provision of Paid Services begins before the end of the withdrawal period, you shall pay us a proportionate amount corresponding to the services provided up to the point at which you informed us of your withdrawal, relative to the full scope of the contracted services.

Your right of withdrawal expires before the end of the 14-day period

if we have fully performed the service and you have given your prior explicit consent to the commencement of performance before the expiry of the withdrawal period, and confirmed your awareness that you lose your right of withdrawal once the contract has been fully performed by us. We will request this confirmation separately at checkout.

Model Withdrawal Form (optional — complete and return only if you wish to withdraw from the contract)

To: Florian Woelki, Marienstrasse 17, 12459 Berlin, Germany

Email: [email protected]

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:

Service: OmniCreate Paid Subscription

Ordered on (*): ___________________________________

Name of consumer(s): ______________________________

Address of consumer(s): ___________________________

Signature (only if notified on paper): ________________

Date: _____________________________________________

(*) Delete as appropriate.

Payment Processing

All payment transactions are processed by a designated third-party payment service provider. We do not directly store your full payment card details on our servers. When a payment provider becomes available, details will be disclosed in our Privacy Policy.

Payment for Paid Services must be made using the payment methods displayed during checkout. If payment fails or cannot be processed, we may temporarily suspend access to premium features until a valid payment method is provided and payment is successfully completed.

All prices include applicable VAT where required. You are responsible for any additional taxes, duties, or charges imposed by your jurisdiction. Invoices will be delivered electronically to the email address associated with your account.

In the event of payment disputes, please contact us promptly at [email protected]. We will investigate all legitimate disputes. Your statutory rights to dispute charges, including all applicable statutory limitation periods, remain fully unaffected by this provision.

Subscription renewal and cancellation

For recurring subscription services, your subscription will automatically renew on the day immediately following the end of your current billing period, unless you cancel beforehand. The payment method on file will be charged automatically at each renewal.

You can cancel your subscription at any time with effect at the end of the current billing period, either through your account settings in the application or by contacting [email protected]. After cancellation, you will retain access to paid features until the end of the current billing period, and your subscription will not renew.

If we cannot process your renewal payment, we may attempt to notify you via email. If the payment issue is not resolved within a grace period of seven (7) days, your account may be downgraded to a free plan (if available) or your premium access may be suspended until payment is successfully processed.

Copyright and Intellectual Property

All aspects of the Service, including but not limited to the software, user interface, design elements, logos, documentation, and marketing materials, are protected by copyright and other intellectual property laws. We or our licensors own all rights, title, and interest in the Service.

You retain full copyright and ownership of all content you create using the Service. We claim no intellectual property rights to your notes, documents, or creative output. Your content remains yours, and you are free to use, modify, publish, or monetize it without restriction.

You may not copy, modify, distribute, sell, lease, or reverse engineer any portion of the Service without our express written permission. Unauthorized use of our intellectual property may result in account termination and legal action.

Liability

Unlimited liability: We are fully liable without limitation for damages arising from: injury to life, body, or health; intentional misconduct or gross negligence; fraudulent concealment of defects; and any other case where liability cannot be limited or excluded under mandatory applicable law, including the German Product Liability Act (Produkthaftungsgesetz).

Limited liability for slight negligence: For damages caused by slight negligence, we are only liable if we have breached a material contractual obligation (Kardinalpflicht) — i.e., an obligation whose fulfillment is essential to the proper performance of this contract and on which you may regularly rely. In such cases, our liability is limited to the typical and foreseeable damages at the time of contract conclusion. We are not liable for indirect, special, incidental, or consequential damages arising from slight negligence unless a Kardinalpflicht has been breached.

Digital product conformity: Your statutory rights regarding the conformity of digital products and services under §§ 327 et seq. BGB (implementing EU Directive 2019/770) remain fully unaffected. We are required to provide the Service in conformity with the contract for the duration of the active subscription period.

No liability for local data loss: Because your notes and content are stored exclusively on your local device, we cannot accept liability for data loss resulting from device failure, local storage corruption, or inadequate backup practices. We strongly recommend maintaining regular backups.

AI-generated content: We are not liable for inaccuracies, errors, or inappropriate content in AI-generated suggestions, to the extent permitted by the limitations above. You are responsible for reviewing all AI output before use or publication.

Any further liability beyond what is stated above is excluded to the extent permitted by applicable law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Florian Woelki, its affiliates, officers, agents, and employees from any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your unlawful use of the Service; (b) your violation of these Terms; or (c) your infringement of any third party's rights through content you submit or process via the Service.

This indemnification obligation will not apply where the claim is caused by our own intentional or grossly negligent conduct. This indemnification obligation will survive termination of these Terms and your use of the Service.

Important for EU consumers: If you are a consumer under applicable law, this indemnification obligation applies only to the extent permitted by mandatory consumer protection law and only where a claim is directly and solely caused by your own unlawful conduct as described in (a), (b), or (c) above. It does not apply to claims arising from normal, intended use of the Service.

Data Protection and Privacy Rights

We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We follow a data-minimization approach and only process the limited personal data necessary to operate the Service, such as account, authentication, billing, and security-related information as described in our Privacy Policy.

For complete details about your data protection rights, how to exercise them, legal basis for processing, and supervisory authority contact information, see our Privacy Policy.

Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers: https://ec.europa.eu/consumers/odr. Our email address for this purpose is [email protected].

We are neither legally obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). We always aim to resolve disputes directly — please contact us first at [email protected].

Governing law

These Terms of Use are governed by and construed in accordance with the laws of Germany. If you are a consumer residing in the European Union, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence. The courts of Germany shall have jurisdiction, without prejudice to any rights you may have to bring proceedings in your country of residence under applicable consumer protection laws.

Statute of limitations

Claims arising from these Terms are subject to the statutory limitation periods under German law (generally three years from the end of the year in which the claim arose and you became aware of the circumstances giving rise to the claim). For consumers, mandatory statutory limitation periods apply and cannot be shortened by agreement.

Changes to the Terms of Use

We reserve the right to update these Terms when necessary, for example due to changes in our services, legal requirements, or other legitimate reasons. Material changes will be communicated to you by email at least four (4) weeks before they take effect. The notification will describe the changes and their effective date, and will explicitly inform you that your continued use of the Service constitutes acceptance and that you have the right to terminate if you do not agree.

Your right to terminate: If you do not agree to the updated Terms, you have the right to terminate your account and subscription before the changes take effect, without penalty. In this case, you are entitled to a pro-rated refund of any prepaid subscription fees for the period after your termination date.

Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. Minor changes that do not materially affect your rights (such as typographical corrections or updates required by law) may be made without prior notice, and will be indicated by an updated effective date at the top of these Terms.

Right to terminate

Termination by us: We may suspend or terminate your right to use the Service and terminate these Terms immediately upon written notice for any material breach, including but not limited to prohibited conduct, non-payment, or providing false account information. Where feasible, we will notify you and give you an opportunity to remedy the breach before terminating.

Your extraordinary termination right (§ 314 BGB): You have the right to terminate these Terms for good cause at any time without observing a notice period. Good cause on your part includes, but is not limited to, a material and unremedied breach of these Terms by us, a fundamental and permanent unavailability of the Service, or material changes to these Terms that you have not accepted. In the event of extraordinary termination, you are entitled to a pro-rated refund of any prepaid subscription fees for the unused period following your termination date.

Ordinary cancellation: You may cancel your subscription at any time with effect at the end of the current billing period, as described in the Subscription renewal and cancellation section. You may delete your account at any time via your account settings or by contacting [email protected].

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by us and shall be void. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.

Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, network infrastructure or third-party service provider failures (including AI provider downtimes), or strikes.

Language and Interpretation

These Terms of Use are written in English. If a translated version is provided for convenience, the English version shall prevail in the event of any conflict or discrepancy. However, mandatory consumer protection rights under German law remain unaffected.