Terms of Service
§ 1 Scope
These General Terms and Conditions (GTC) apply to all business relationships between JOKKEN GbR, represented by Frank Haasper and Norbert Heinz Rosenwinkel (hereinafter 'Provider'), and the customer. The version valid at the time of contract conclusion shall apply. Deviating terms and conditions of the customer are not recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Contract conclusion
The contract is concluded through the customer's registration on the Provider's platform and the confirmation of registration by the Provider. The presentation of products and plans on the website does not constitute a legally binding offer but rather a non-binding invitation to the customer to order services from the Provider. By completing registration, the customer submits a binding offer.
§ 3 Service description
The Provider provides the customer with AI-powered assistants as Software-as-a-Service (SaaS) via the internet. The exact scope of services is determined by the respective product description and the selected plan. The Provider provides the platform with an average annual availability of 99.5%, measured on a monthly basis. This excludes times of scheduled maintenance, which the Provider will announce in advance where possible, as well as outages caused by force majeure or disruptions outside the Provider's area of influence.
§ 4 Customer obligations
The customer is obligated to keep their access credentials confidential and to protect them from third-party access. The customer ensures that the content provided through the AI assistant and the uploaded knowledge base does not infringe third-party rights and does not violate applicable law. The customer bears responsibility for the accuracy and legality of the data entered. Misuse of the platform, in particular sending spam, distributing unlawful content, or circumventing technical security measures, is prohibited.
§ 5 Prices and payment
The prices displayed on the Provider's website at the time of ordering apply. All prices are net prices exclusive of statutory value-added tax. Payment is made in advance by credit card, SEPA direct debit, or bank transfer. Invoices are provided electronically. If the customer defaults on payment, the Provider is entitled to suspend access to the platform after prior written notice. The customer's right to offset is limited to counterclaims that have been legally established or are undisputed by the Provider.
§ 6 Contract duration and termination
The contract is concluded for an indefinite period and can be terminated by either party at any time at the end of the current billing period. Termination can be made in writing, by email, or via the user account. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer violates material contractual obligations or defaults on payment for more than 30 days despite written notice.
§ 7 Warranty and defect claims
The Provider warrants that the platform substantially conforms to the service description. Since AI systems operate probabilistically, the Provider does not guarantee the accuracy, completeness, or suitability of AI-generated responses for a particular purpose. The customer must report defects immediately upon discovery with a description of the error. The Provider will remedy reported defects within a reasonable period. If remediation also fails after a reasonable additional period, the customer has statutory warranty rights.
§ 8 Liability
The Provider has unlimited liability for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents. The Provider also has unlimited liability for other damages caused by intentional or grossly negligent breach of duty.
In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the typically foreseeable damage. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
Any further liability of the Provider is excluded. The above limitations of liability do not apply to liability under the Product Liability Act or in the case of an assumed guarantee.
§ 9 Data protection and confidentiality
The processing of personal data is carried out in accordance with the Provider's privacy policy, which can be accessed under the 'Privacy Policy' menu item on the website. Insofar as the Provider processes personal data on behalf of the customer in the course of providing services, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. Both parties undertake not to disclose confidential information of the other party to third parties and to use it only for the purposes of the contractual relationship. Customer data is not used for training AI models.
§ 10 Data portability and data return
During the term of the contract, the customer can export their data stored on the platform (knowledge base, configurations, conversation histories) at any time. After termination of the contract, the Provider will make the customer's data available for export for a period of 30 days. After this period, the customer's data will be irrevocably deleted, unless statutory retention obligations apply.
§ 11 Changes to the GTC and services
The Provider reserves the right to amend these GTC with effect for the future, provided this is necessary for objectively justified reasons and the customer is not unreasonably disadvantaged. The Provider will inform the customer of changes at least six weeks before the planned effective date in text form. If the customer does not object within six weeks of receiving the change notification, the changes are deemed approved. The Provider will inform the customer in the change notification of the right to object and the legal consequences.
§ 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer 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 contractual relationship is Hannover. Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The statutory regulation shall take the place of the invalid provision.