Terms of use

1. General Provisions and Scope

1.1 sisTent UG, Grillparzerstr. 38, 90765 Fürth, operates an AI-powered software platform (“Platform”) that enables companies to use and manage AI assistants, chatbots, and other functions based on large language models (“LLMs”).

1.2 These Terms of Use govern the customer’s use of the Platform, provided that the contract is concluded via the sisTent UG website.

1.3 The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers are excluded from use. By using the Platform, the customer confirms that they are acting as an entrepreneur.

1.4 Individual agreements or service descriptions shall take precedence over these Terms of Use in the event of any conflict.

1.5 Deviating general terms and conditions of the customer shall not apply unless sisTent UG expressly agrees to their validity in writing.

2. Subject Matter of the Contract and Services

2.1 The Platform enables the customer, in particular, to use AI functions, including AI assistants and chatbots, as well as to process and manage content. External AI models (LLMs) operated by third-party providers may be connected.

2.2 The Platform transmits customer inputs (“Prompts”) to the selected AI model and provides the generated outputs (“Outputs”).

2.3 The customer may integrate third-party services and tools. These are the sole responsibility of the respective third-party provider. sisTent UG assumes no warranty for their availability or functionality.

2.4 sisTent UG generally provides the Platform as Software-as-a-Service. Unless otherwise agreed, data processing takes place on servers within the European Union.

2.5 AI models provided by third parties are subject to their own terms of use. sisTent UG has no influence on the scope, availability, or further development of these services.

3. Registration and User Account

3.1 Registration is required to use the Platform.

3.2 The customer undertakes to provide truthful and complete information during registration and to keep it up to date.

3.3 Access credentials must be treated confidentially and protected against unauthorized access. The customer is liable for all activities carried out via their user account.

4. Trial and Pilot Phase

4.1 sisTent UG may grant the customer a free or paid trial phase with limited functionality.

4.2 After the end of the trial phase, use shall automatically end unless a paid contract is concluded.

5. Conclusion of Contract

5.1 The presentation of the Platform and its services on our website does not constitute a binding offer.

5.2 By clicking the button “Conclude Paid Contract,” the customer submits a binding offer to conclude a contract for the selected services. The contract is concluded once sisTent UG confirms this offer within five days. If no acceptance occurs within this period, the customer is no longer bound by the offer.

6. Availability and Maintenance

6.1 The Platform is provided with an average availability of 99% per calendar month.

6.2 Unavailability exists when the Platform is completely unusable for reasons attributable to sisTent UG. In particular, unavailability does not exist in cases of force majeure, operating errors or contractual misuse by the customer, or during announced maintenance work.

6.3 sisTent UG is entitled to temporarily restrict access to the Platform for maintenance purposes. Planned maintenance will be announced at least 7 days in advance and will not be considered in the availability calculation, provided it does not exceed a total of 24 hours per month.

6.4 Disruptions must be reported to sisTent UG immediately in text form. sisTent UG will process proper notifications within one business day.

6.5 These provisions do not apply to the availability of the LLMs used.

7. Rights of Use

7.1 sisTent UG grants the customer a time-limited, non-exclusive, non-transferable right to use the Platform.

7.2 Use is permitted exclusively for the customer’s own business purposes.

7.3 In particular, the following are prohibited:

• transfer or sublicensing of the Platform;
• reverse engineering, decompilation, or circumvention of technical protection measures;
• use of the Platform to develop competing products;
• unlawful or abusive use.

8. Customer Obligations and Content

8.1 For the duration of the contract, the customer grants sisTent UG a simple, non-exclusive right to use the content provided by the customer (“Customer Content”) exclusively for the performance of the contractual services and to transmit it to LLM providers selected by the customer. All rights to the Customer Content remain with the customer; the customer is solely responsible for its content.

8.2 The Customer may only use lawful content for which they are authorized and which does not violate the rights of third parties. In particular, illegal, discriminatory, glorifying violence, or pornographic content is prohibited. The processing of special categories of personal data pursuant to Art. 9 GDPR is only permitted if the Customer possesses a valid legal basis for such processing and explicitly uses the corresponding functions of the platform. The Customer is solely responsible for compliance with all applicable data protection regulations, in particular for the lawfulness of the processing of sensitive data.

8.3 In particular, scraping, the use of automated or manipulative techniques, and the use of the Platform for AI systems prohibited or classified as high-risk under the AI Regulation (EU) 2024/1689 are prohibited.

8.4 Use of the Platform may be subject to quantity- or time-based limitations (e.g., prompt limits) in accordance with the applicable Fair Usage Policy.

8.5 For individual LLMs, the respective providers’ terms of use apply additionally, compliance with which is the customer’s responsibility. sisTent UG is not liable for restrictions resulting from the customer’s violations of these terms.

8.6 The customer shall indemnify sisTent UG against third-party claims arising from the use of the Platform or the Customer Content, unless such claims are based on intentional or grossly negligent conduct by sisTent UG.

8.7 The customer is responsible for backing up their content and for protecting their access credentials.

9. Remuneration and Payment

9.1 Remuneration depends on contract term, data volume, number of messages/prompts, and usage-based features. It is due at the beginning of the billing period and payable within 14 days. LLMs used by the customer with their own API keys are billed directly by the respective provider.

9.2 All amounts are stated net in EUR. Foreign currency fees of LLM providers are charged at the current ECB exchange rate.

9.3 Additional feature extensions (“Add-ons”) can be booked at any time. Billing is pro rata from the following month. Existing discounts also apply to new add-ons.

9.4 Invoices are issued electronically (e.g., by email), unless otherwise agreed.

9.5 The customer may only offset undisputed or legally established claims.

9.6 sisTent UG may adjust remuneration in the event of cost changes, both upward and downward. Price changes will be announced by email and take effect no earlier than 30 days thereafter. If remuneration increases by more than 10%, the customer may terminate the contract extraordinarily within 4 weeks.

10. Warranty

10.1 Sections 536 et seq. BGB apply to defects of the Platform. Strict liability pursuant to Section 536a BGB is excluded. Defects must be reported to sisTent UG immediately in writing.

10.2 sisTent UG will remedy defects at its discretion by repair or replacement.

10.3 Termination due to failure to grant contractual use is only possible if sisTent UG has been given a reasonable opportunity to remedy the defect and such remedy has failed.

10.4 sisTent UG provides no warranty for the customer’s internet access or for the customer’s systems on which the Platform runs.

10.5 The platform provides AI-generated content that is created automatically and may contain errors. No warranty is provided regarding the legal, professional, or economic fitness for use of the results. The Customer is obligated to independently verify all results prior to their use.

10.6 The customer may not unilaterally reduce remuneration; claims for restitution under unjust enrichment law remain unaffected.

11. Liability

11.1 sisTent UG is liable for damages resulting from intentional or grossly negligent conduct in accordance with statutory provisions.

11.2 In all other cases, sisTent UG is liable only for breach of essential contractual obligations (cardinal obligations) and only for foreseeable, typical damage. Liability for other damages is excluded unless otherwise provided in Clause 11.3.

11.3 Liability for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected.

11.4 Liability limitations also apply to organs, employees, and vicarious agents of sisTent UG.

11.5 Claims for damages become time-barred after one year, except in the cases of Clauses 11.1 and 11.3.

11.6 If damages arise from an LLM provider, sisTent UG’s liability is limited to the assignment of its own claims against that provider, insofar as permitted by the contractual terms. If the customer is themselves a contractual partner of the LLM provider, any liability of sisTent UG is excluded.

12. Suspension and Deletion

12.1 sisTent UG may temporarily or permanently suspend the customer’s access to the Platform in whole or in part if there are indications of violations of these Terms of Use or applicable law, or if another legitimate interest exists. Repeated violations despite notice may lead to permanent suspension.

12.2 The customer will be informed of suspensions by email.

12.3 In the event of temporary suspension, access will be restored after the suspension period expires or the reason for suspension ceases to exist. Permanently suspended accounts cannot be restored. In this case, sisTent UG may terminate the user relationship extraordinarily.

12.4 Content that violates Clause 8 and is not deleted by the customer despite a request may be deleted by sisTent UG.

13. Contract Term and Termination

13.1 The Customer is entitled to use the platform for the agreed contract term.

13.2 Unless otherwise agreed, the base term is one month. It shall automatically renew for an additional month unless the Customer terminates the contract before the end of the current billing period. Contracts with a one-year term shall renew accordingly for an additional 12 months, provided no termination occurs before the end of the annual period.

13.3 The right to extraordinary termination for good cause remains unaffected. sisTent UG may terminate the contract in particular if the Customer becomes insolvent, an insolvency proceeding is applied for, or the Customer is in default of payment for two monthly installments.

13.4 Terminations can be made at any time directly via the designated termination function in the user dashboard (“Delete Account”). Alternatively, you can still cancel in text form (e.g., by email) or written form (by mail). The cancellation will become effective at the end of the current contract period.

13.5 Upon the effective date of termination, access to the platform shall end. All user content and AI agent data will be deleted after the end of the contract, provided there are no statutory retention obligations or no new contract is concluded.

13.6 Any use of the platform after the end of the contract is prohibited.

14. Data Protection and Regulation

14.1 If sisTent UG processes personal data of the customer, this is done as a processor pursuant to Art. 28 GDPR. The parties conclude the data processing agreement for this purpose. An overview of the currently used subprocessors, AI models, embedding services, and storage solutions is contained in Appendix A. Changes to the Appendix will be communicated to customers at least 10 business days in advance; the customer may object within this period.

15. Confidentiality

15.1 “Confidential Information” means all information of one party disclosed to the other party (or affiliated companies), in particular trade secrets, software, source code, know-how, business strategies, prices, and technical documents that are marked as confidential or are confidential by their nature and circumstances.

15.2 Information that is publicly known or lawfully obtained from third parties without confidentiality obligations is not confidential.

15.3 The parties undertake to:

• treat confidential information strictly confidentially and use it only for the purposes of this agreement;
• disclose it only to necessary representatives who are also bound by confidentiality;
• protect it against unauthorized access;
• return or destroy it within ten days upon request or upon termination of the agreement, unless statutory retention obligations apply.

15.4 Information that does not qualify as a trade secret shall also remain confidential.

15.5 Confidentiality obligations continue beyond the termination of the agreement.

16. Amendments to the Terms of Use

16.1 sisTent UG may adapt services and Terms of Use if required due to technical or legal changes, including LLM or third-party provider terms. Extensions, such as new LLMs or third-party tools, are possible at any time.

16.2 Changes will be communicated to the customer by email. If the customer does not object within four weeks, they are deemed accepted. In the event of an objection, sisTent UG may terminate the contract with two weeks’ notice, provided this was announced in the notification.

16.3 Changes to core services that fundamentally alter the contractual relationship require separate notification and the customer’s consent.

17. Final Provisions

17.1 German law applies; the UN Convention on Contracts for the International Sale of Goods and international private law are excluded.

17.2 Exclusive place of jurisdiction is Fürth. However, sisTent UG may also sue the customer at their general place of jurisdiction.

17.3 Invalid provisions do not affect the remaining provisions.

17.4 The German version is authoritative; the English translation is for informational purposes only.