Terms of Service
General terms and conditions for services by DK & DM
§ 1 Scope
These General Terms and Conditions (T&C) apply to all contracts concluded between DK & DM (the "Provider") and its customers regarding the design, development, operation and maintenance of AI chatbots and related consulting and training services. Deviating terms of the customer are not recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
Offers from the Provider are non-binding. A contract is concluded by written order confirmation from the Provider or by commencement of the service. The content of the order confirmation together with these T&C is decisive.
§ 3 Scope of services
The Provider performs the services described in the respective offer. Changes or extensions require a written agreement and may lead to adjustments in remuneration and timing.
§ 4 Customer cooperation
The customer shall provide the Provider in good time with all information, content, access and materials required for the provision of services. Delays due to lack of cooperation are at the customer's expense.
§ 5 Remuneration & payment terms
The prices agreed in the offer apply plus statutory VAT. Unless otherwise agreed, invoices are due for payment within 14 days of invoicing without deduction. Ongoing services (hosting, API usage, maintenance) are invoiced monthly or as agreed.
§ 6 Third-party providers & AI models
The Provider may use third-party providers (in particular providers of large language models such as Anthropic or OpenAI) to deliver services. No warranty is given for their availability, response quality, price changes or terms of use. The Provider will inform the customer of significant changes.
§ 7 Rights of use
Upon full payment, the customer receives a non-exclusive, time-unlimited right to use the content specifically developed for them as part of the order. Pre-existing tools, libraries and general building blocks of the Provider remain its property.
§ 8 Warranty
The Provider performs its services with the due care of a prudent businessperson. In case of defects, the customer is entitled to subsequent performance. If this fails twice, the customer may reduce the price or withdraw from the contract. No warranty is given for the factual correctness of responses generated by AI models.
§ 9 Liability
The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. Otherwise, liability is limited to foreseeable damage typical of the contract.
§ 10 Confidentiality & data protection
Both parties undertake not to use or disclose confidential information of the other party without authorization. If personal data are processed on behalf of the customer, the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.
§ 11 Final provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is – as far as legally permissible – the registered office of the Provider. Should any provision of these T&C be or become invalid, the validity of the remaining provisions shall not be affected.