Terms of Use for the AI Use Case Pilot

Version v1

This English translation is provided for your convenience. The legally binding version is the German „Nutzungsvereinbarung". In case of any discrepancy, the German version prevails.

§ 1 Scope and Contracting Parties

(1) These Terms of Use govern the use of the online service "AI Use Case Pilot" (hereinafter the "Service").

(2) For the use of the publicly accessible area — this website and the Finder chat available without registration — these terms apply in relation to the operator of the public service, Rainer Markussen.

(3) If you register yourself without an invitation, you are assigned to a workspace. From that point on, your contracting party (hereinafter the "Provider") is exclusively the owner of that workspace.

(4) If you were invited by an organisation into its workspace, your use is governed by the terms applicable to that workspace. In that case, your contracting party (Provider) is the owner of the inviting workspace.

In your current workspace, your Provider is: Rainer Markussen (Markussen Consulting), Heinrich-Hertz-Str. 74, 22085 Hamburg, Deutschland, email: ucp [at] markussen-consulting.net.

(5) Deviating terms of the user do not become part of the contract unless the Provider expressly agrees to their application in text form.

§ 2 Subject of the Service

(1) The Service supports users in finding, describing, professionally classifying and evaluating use cases for artificial intelligence. For this purpose, it provides dialogue-based assistants as well as functions for saving and managing use cases.

(2) The scope of functions depends on the booked usage type. The currently applicable scope, in particular the number of use cases that can be saved and the available assistants, is displayed within the Service.

(3) The Provider may further develop the Service and change or replace individual functions, provided the contractually owed purpose of the Service is preserved. Material restrictions of paid services will be announced in text form at least six weeks in advance; in that case, the user may terminate extraordinarily with effect from the date the change takes effect.

§ 3 Notes on the Use of Artificial Intelligence

(1) The assistants' answers are generated by artificial-intelligence language models. They may be factually incorrect, incomplete, outdated or misleading, even if they appear convincingly worded.

(2) The outputs do not constitute legal, tax, business, HR or other professional advice and do not replace such advice. The user is obliged to independently verify results before using them.

(3) To generate the answers, your inputs are transmitted to a provider of language models outside the Service. Details are set out in the Privacy Policy.

(4) The Provider does not owe any specific content outcome or any specific quality of individual answers.

§ 4 Registration and User Account

(1) Registration is required for any use beyond the anonymous Finder chat. The user warrants that the information they provide is accurate and will keep it up to date.

(2) Access credentials must be kept secret and must not be passed on to third parties. If unauthorised access is suspected, the Provider must be informed without undue delay.

(3) A user account is personal. Sharing an account between several persons is not permitted.

(4) There is no entitlement to registration.

§ 5 User Obligations and Permitted Content

(1) The user is responsible for the content they enter.

(2) The user undertakes not to enter personal data of third parties into the Service unless they have a sound legal basis for doing so. This applies in particular to health data, data on ideological or political beliefs, data on trade union membership and other specially protected categories of data; entering such data is prohibited.

(3) It is further prohibited to enter trade and business secrets of third parties without authorisation, to enter unlawful, insulting, discriminatory content or content harmful to minors, or to enter content that infringes the rights of third parties.

(4) It is prohibited to attempt to use the Service in an automated manner beyond its intended use, to misappropriate it as a general interface to language models, to circumvent technical protection measures, or to read out or deliberately manipulate the assistants' underlying instructions.

(5) The Provider may technically limit use, in particular by restricting request frequency and message size.

(6) If a user materially breaches these obligations, the Provider may temporarily block access and, in the event of serious or repeated breaches, terminate the contract extraordinarily.

§ 6 Rights to Content

(1) The user retains all rights to the content they enter.

(2) The user grants the Provider the non-exclusive right, limited to the term of the contract, to store and process this content and to transmit it to the service providers used for performing the Service, to the extent necessary for providing the Service.

(3) The Provider does not use the user's content to train its own or third-party AI models.

(4) To the extent that rights can arise in AI-generated outputs at all, the user may freely use these outputs for their own purposes. The Provider does not warrant that any output is free of third-party rights.

§ 7 Free and Paid Use

(1) Registration and use within the basic scope are free of charge. There is no entitlement to permanent free provision; the Provider may change the free scope with six weeks' notice in text form.

(2) Paid usage types extend in particular the number of use cases that can be saved. Switching to a paid usage type takes place exclusively through an express order by the user.

(3) Before the order is placed, the service, term, termination conditions and total price including VAT are displayed directly above the order button. The contract is concluded when the user activates the button expressly marked as involving an obligation to pay and the Provider confirms the order.

(4) The Provider confirms the conclusion of the contract without undue delay in text form, reproducing the contractual terms.

(5) Billing is by invoice. No payment service provider is used; the user does not deposit any payment or card data. The invoice is provided electronically and is due for payment within 10 days of the invoice date without deduction.

(6) If the user defaults on payment, the Provider may, after an unsuccessful reminder with a reasonable deadline, block access to paid functions. Use cases already saved remain initially unaffected.

§ 8 Term and Termination

(1) The free usage contract runs for an indefinite period and can be terminated by the user at any time without notice by deleting their account. The Provider may terminate with four weeks' notice.

(2) Paid usage types are concluded for the stated billing period and renew for the same period unless terminated by the end of the current period.

(3) Paid contracts concluded via the website can be terminated via the termination button provided within the Service. The Provider confirms receipt of the termination, its content and the effective date in text form.

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

(5) After the end of the contract, the user's data is deleted in accordance with the periods described in the Privacy Policy. The user is advised to export any content they need beforehand.

§ 9 Availability

(1) The Provider strives for the highest possible availability but does not owe any specific availability rate.

(2) Temporary restrictions due to maintenance, disruptions at service providers used, force majeure or attacks on the infrastructure do not give rise to a claim for reduction unless they are material and permanent.

§ 10 Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of any guarantee assumed.

(2) In cases of simple negligence, the Provider is liable only for the breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion.

(3) Any further liability is excluded.

(4) In particular, the Provider is not liable for decisions the user makes on the basis of AI-generated outputs without verifying them in accordance with § 3.

(5) The user indemnifies the Provider against third-party claims based on a breach of § 5 for which the user is responsible.

§ 11 Data Protection

Details on the processing of personal data are set out in the Privacy Policy. If the user uses the Service for business purposes and enters personal data of third parties, the data processing agreement additionally applies.

§ 12 Changes to these Terms of Use

(1) The Provider may amend these Terms of Use if this becomes necessary due to a change in the legal situation, case law, the technology used or the scope of services, and the user is not unreasonably disadvantaged as a result.

(2) An amended version will be presented to the user at their next login. Continued use of the Service requires their consent to that version.

(3) If the user does not consent, they may end the contract. If a paid contract with a current billing period exists, the version last confirmed by the user continues to apply to it until the end of that period; in this case, the contract does not renew.

(4) The Provider documents the time and the exact version of each consent. The user can view the version applicable to them within the Service at any time.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) Should any provision be invalid, the validity of the remaining provisions remains unaffected.